ISRAEL’S CONTINUED PRESENCE IN OCCUPIED PALESTINIAN TERRITORY DECLARED UNLAWFUL BY INTERNATIONAL COURT OF JUSTICE

TAG: GS 2: INTERNATIONAL RELATIONS

THE CONTEXT: The International Court of Justice (ICJ) has issued an Advisory Opinion declaring Israel’s continued occupation of the Occupied Palestinian Territory (OPT) illegal.

EXPLANATION:

• This opinion, issued in response to a request from the United Nations General Assembly (UNGA) on December 30, 2022, has profound implications for Israel, the Palestinian people, and the international community.

Key Conclusions of the ICJ

• Unlawfulness of Israel’s Occupation
  • The ICJ determined that Israel’s continued presence in the OPT, which has persisted for over 57 years since 1967, is unlawful.
  • The occupation, originally intended to be temporary, does not grant Israel sovereignty over the territory.
  • The prolonged nature of this occupation raises serious questions about its legality under international humanitarian law.
• Obligations of Israel
  • The Court outlined several obligations for Israel:
    • End Unlawful Presence: Israel must end its unlawful occupation of the OPT as rapidly as possible.
    • Cease Settlement Activities: All new settlement activities must cease immediately, and existing settlers must be evacuated.
    • Make Reparations: Israel is required to make reparations for damages caused to all affected natural or legal persons in the OPT.
  • Responsibilities of Other States and International Organizations
    • The ICJ emphasized that all States and international organizations have specific obligations:
      • Non-recognition: States must not recognize the legality of the situation resulting from Israel’s unlawful occupation.
      • Non-assistance: States and organizations must not aid in maintaining this unlawful situation.
      • UN Actions: The United Nations, particularly the UNGA and the Security Council (UNSC), should consider further actions to end Israel’s unlawful presence swiftly.

Issues Addressed by the UNGA Request

• The UNGA requested the ICJ to address two primary questions:
  • Legal Consequences of Israel’s Actions:
    • The ongoing violation by Israel of the right of the Palestinian people to self-determination, its prolonged occupation, settlement, and annexation of Palestinian territory since 1967, and the adoption of related discriminatory measures.
  • Impact on Legal Status and Consequences for States and the UN:
    • The effect of Israel’s policies and practices on the legal status of the occupation and the legal consequences for all States and the United Nations.
  • The Court confirmed its jurisdiction to render the opinion and found no compelling reasons to decline.

ICJ’s Analysis of the Prolonged Occupation

• The ICJ noted that occupation is intended to be temporary and does not transfer sovereignty to the occupying power.
• Despite the prolonged nature of Israel’s occupation, its legal status remains unchanged under international humanitarian law.
• The Court stressed that the extended duration of the occupation raises significant concerns about the justification for Israel’s continued presence.

ICJ’s Position on Israeli Settlement Policy

• Reaffirming its 2004 Advisory Opinion on the Construction of a Wall in the OPT, the ICJ declared Israeli settlements in the West Bank and East Jerusalem as violations of international law.
• The Court expressed concern over the expansion of these settlements since 2004, which further entrenches Israel’s unlawful occupation.

ICJ’s View on the Annexation of Palestine

• The ICJ found Israel’s attempts to acquire sovereignty over the occupied territory, including East Jerusalem and the West Bank, as violations of international law.
• Such actions are prohibited as they involve the use of force for territorial acquisition.

Discriminatory Legislation Against Palestinians

• The Court highlighted Israel’s legislative and administrative measures that discriminate against Palestinians in the OPT.
• These measures constitute systemic discrimination, violating multiple international conventions and exacerbating the suffering of the Palestinian population.

Palestine’s Right to Self-determination

• The ICJ opined that Israel’s policies and practices deprive Palestinians of their right to self-determination.
• These actions undermine the future exercise of this right and perpetuate the cycle of occupation and disenfranchisement.

Legal Status of the Occupation

• The Court concluded that Israel’s assertion of sovereignty and annexation efforts have affected the legal status of the occupation.
• These actions render Israel’s continued presence unlawful under international law, necessitating immediate action to rectify the situation.

Implications for Other States and the UN

• The ICJ emphasized the obligations of other States and international organizations:
  • Non-recognition and Non-support: States and organizations must not recognize or support the situation created by Israel’s unlawful presence in the OPT.
  • UNGA and UNSC Actions: The Court urged the UNGA and UNSC to consider further actions to end Israel’s unlawful occupation promptly.

International Court of Justice

• The ICJ is the principal judicial organ of the United Nations (UN).
• The International Court of Justice is also known as the World Court. It was established in June 1945 by the Charter of the United Nations and began work in April 1946.
• The seat of the Court is at the Peace Palace in The Hague (Netherlands).
• Of the six principal organs of the United Nations, ICJ is the only one not located in New York (United States of America).
• Its official working languages are English and French
• All members of the UN are ipso facto parties to the statute, but this does not automatically give ICJ jurisdiction over disputes involving them.
• The ICJ gets jurisdiction only on the basis of the consent of both parties.
• The Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organisation and came into force on 24 October 1945.
• The Statute of the International Court of Justice is an integral part of the Charter.
• The ICJ consists of a panel of 15 judges elected by the United Nations General Assembly (UNGA) and United Nations Security Council (UNSC) for nine-year terms.
• These organs vote simultaneously but separately. In order to be elected, a candidate must receive an absolute majority of the votes in both bodies.
• The Court does not include more than one national of the same State. Moreover, the Court as a whole represents the main forms of civilization and the principal legal systems of the world.

SOURCE: https://www.livelaw.in/top-stories/israels-continued-presence-in-occupied-palestinian-territory-unlawful-international-court-of-justice-263912?infinitescroll=1