The United Nations’ top court has found that Israel’s settlement policy in the West Bank and East Jerusalem violates international law, issuing a non-binding advisory opinion on the legality of Israel’s 57-year occupation of land sought for a Palestinian state, a ruling that could have more effect on international opinion than on Israeli policy.
International Court of Justice President Nawaf Salam was expected to take about an hour to read the full opinion of the panel, which is made up of 15 judges from around the world.
In part of the opinion, it said the panel had determined that “Israel’s transfer of settlers to the West Bank and Jerusalem, as well as Israel’s continued presence there, is contrary to Article 49 of the Fourth Geneva Convention.” The court also noted with “grave concern” that Israel’s settlement policy has been expanding.
The ICJ added that Israel has abused its status as an occupying power in the West Bank and East Jerusalem by pursuing policies of annexation of territory, imposition of permanent control and construction of settlements.
He said such acts make “Israel’s presence in the Occupied Palestinian Territory illegal,” adding that the continued Israeli presence is “illegal” and must end as “swiftly as possible.”
The tribunal further concluded that Israel’s use of natural resources was “inconsistent” with its obligations under international law as an occupying power.
Israel, which typically views the United Nations and international courts as unfair and biased, did not send a legal team to the hearings. But it submitted written comments, saying the questions posed to the court are biased and do not address Israeli security concerns. Israeli officials have said the court’s intervention could undermine the peace process, which has been stalled for more than a decade.
In the opinion read later by the court’s president, Nawaf Salam, the court found that “Israel’s transfer of settlers to the West Bank and Jerusalem, as well as Israel’s maintenance of their presence, is contrary to Article 49 of the Fourth Geneva Convention.” The court also noted with “grave concern” that Israel’s settlement policy has been expanding.
The court also found that Israel’s use of natural resources was “incompatible” with its obligations under international law as an occupying power.
Friday’s ruling comes against the backdrop of Israel’s devastating 10-month military assault on Gaza, which was triggered by Hamas-led attacks in southern Israel. In a separate case, the International Court of Justice is considering a South African claim that Israel’s campaign in Gaza amounts to genocide, a claim Israel vehemently denies.
Israel captured the West Bank, East Jerusalem and the Gaza Strip in the 1967 Middle East war. Palestinians claim all three areas for an independent state.
Israel considers the West Bank to be disputed territory, the future of which must be decided in negotiations, while it has moved people into settlements to consolidate its control. It has annexed east Jerusalem in a move that is not internationally recognised, while it withdrew from Gaza in 2005 but maintained a blockade of the territory after Hamas took power in 2007. The international community generally considers all three areas to be occupied territory.
At hearings in February, then-Palestinian Foreign Minister Riad Malki accused Israel of apartheid and urged the UN’s top court to declare that Israel’s occupation of Palestinian-claimed lands is illegal and must end immediately and unconditionally if any hope for a two-state future is to survive.
Erwin van Veen, a senior researcher at the Clingendael think tank in The Hague, said that if the court rules that Israel’s policies in the West Bank and East Jerusalem violate international law, it is unlikely to change Israeli policies but would “further isolate Israel internationally, at least from a legal point of view.”
He said such a ruling would “make the case for the occupation worse. It removes any legal, political and philosophical basis for the Israeli expansion project.”
It would also strengthen the position of “those who seek to advocate against it,” such as the Palestinian-led grassroots movement advocating boycotts, divestment and sanctions against Israel.
He said the number of countries recognising the state of Palestine could also increase, particularly in the Western world, following the recent example of Spain, Norway and Ireland.
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