international Court (ICJ) considered on Friday that Israeli settlement policies and practices of exploitation of natural resources in the occupied Palestinian territories – Gaza Strip and the West Bank, including East Jerusalem- “violate international law” and are “ongoing”.
When voting 11 votes for and 4 againstThe International Court of Justice ruled that the practice was illegal and demanded the “evacuation of all settlers,” the “dismantling” of the separation wall and return of land to its original inhabitants, displaced since 1967.
Israel must evacuate settlers, dismantle the wall and return land to Palestinians
The International Court of Justice has found that Israeli settlements and the associated regime in the West Bank and East Jerusalem They need to put an end to it “as soon as possible”This was stated by the presiding judge, Nawaf Salam, who read out the opinions of the majority of the 15 judges who make up the International Court.
Photo via X | @UNNews
The UN’s highest judicial body has issued an advisory opinion on a request from the UN General Assembly in December 2022on the legal consequences of Israeli occupation practices and policies in the occupied Palestinian territories after the International Court of Justice declared itself competent to rule on the matter, contrary to the wishes of Israel and other allied countries.
The court warned Israel that it must “repeal all laws and measures that create or maintain an illegal situation.” including those that discriminate against the Palestinian people in the occupied Palestinian territories, as well as all measures aimed at changing the demographic composition of any part of the territory.
The International Court of Justice finds that Israel is obliged to “We will provide complete repair of damage caused by their internationally wrongful acts to all persons or entities affected”, which includes “restitution, compensation and/or satisfaction” to the victims, i.e. “the return of land and other immovable property”, as well as “all cultural property and assets seized from Palestinians and Palestinian institutions, including archives and documents”, confiscated since the beginning of the occupation in 1967.
In addition, the repair “also requires evacuation of all settlers from existing settlementsand “the dismantling of the parts of the wall built by Israel that are in the occupied Palestinian territory, and allowing all Palestinians displaced during the occupation to return to their original place of residence.”
Photo: Reuters
The International Court of Justice deplored that Israeli policies and practices “have caused the departure of the Palestinian population from parts of the Occupied Palestinian Territory, in particular East Jerusalem and Area C of the West Bank,” that “allows for further expansion of Israel’s settlement policy and the integration of the Palestinian territory into Israel.”
“All States (and international organizations, including the UN) are obliged not to recognize as legitimate the situation created by the illegal presence of the State of Israel in the Occupied Palestinian Territories and not to provide aid or assistance to maintain the situation created by the continued presence of the State of Israel” in Palestine, the court added.
He added that UN and Security Council “must consider the precise conditions and additional actions necessary to bring an end to the illegal presence of the State of Israel in the occupied Palestinian territories as soon as possible.”
The International Court thus answered two questions posed by the UN General Assembly in a case that preceded the current Israeli war in the Gaza Strip.
First: “What are the legal consequences arising from Israel’s continued violation of the right of the Palestinian people to self-determination through its prolonged occupation, settlement and annexation of the Occupied Palestinian Territory since 1967, including measures aimed at changing the demographic composition, character and status of the Holy City of Jerusalem, and its adoption of related discriminatory legislation and measures?”
He further asked: How do the above-mentioned Israeli policies and practices (…) affect the legal status of the occupation and what are the legal consequences that arise from this status for all States and the United Nations?
The International Court stressed that “by virtue of its status as an occupying power” a state assumes “a set of powers and responsibilities” over the territory over which it exercises effective control, but reminded Israel “that occupation is a temporary situation” “to respond to military necessity, and cannot transfer title of sovereignty to the occupying power.”
According to the UN and EFE News