What ICJ Ruling On Israel’s Occupation Of Palestinian Territories Means, What Are Its Implications?

The International Court of Justice (ICJ) has ruled against Israel’s long-term occupation of Palestinian Territories, calling it “unlawful". The court also said it amounted to de facto annexation.

The ICJ called for Israel to rapidly quit the occupied territories and ruled Palestinians were due reparations for the harm of 57 years of an occupation that systematically discriminates against them.

The ruling also stood as a rebuke to Israel’s argument that the ICJ had no standing to consider the issue on grounds as the UN resolutions as well as the bilateral Israeli-Palestinian agreements had established the correct framework for resolving the conflict should be political not legal.

The most significant section was the judgment that “the transfer by Israel of settlers to the West Bank and Jerusalem as well as Israel’s maintenance of their presence, is contrary to article 49 of the 4th Geneva convention".

Deep-diving into ICJ Ruling

The ICJ found that Israel’s policies and practices, including the expansion of settlements, construction of the wall, and exploitation of natural resources, amount to annexation and entrench Israel’s control over the occupied territory since 1967.

It also said the policies and practices adopted by Israel in East Jerusalem and the West Bank is contrary to the “prohibition of the use of force in international relations and its corollary principle of the non-acquisition of territory by force".

The court also concluded that Israel’s legislation imposes near complete separation between settler and Palestinian communities, constituting a breach of the Article 3 of the Convention on the Elimination of All Forms of Racial Discrimination.

The court further observed that the “effects of Israel’s policies and practices, and its exercise of sovereignty over certain parts of the Occupied Palestinian Territory, constitute an obstruction to the exercise by the Palestinian people of its right to self-determination".

What are the Implications Now?

The court opinion is likely to amplify pressure on Israel to bring an end to its ongoing military offensive, which has killed more than 38,000 Palestinians, according to the Gaza Ministry of Health.

In another case institutionalised by South Africa, the ICJ is already considering allegations that Israel is committing genocide in its military campaign in Gaza. A preliminary ruling has already been issued, instructing Israel to prevent and punish any incitement to genocide and to enhance provisions for humanitarian aid.

The court had already asked Israel to stop its offensive in Rafah, a city in southern Gaza, citing “immense risk" to hundreds of thousands of Palestinians taking shelter there. However, Israel has continued its operation in the city, defying the court order.

According to The Jerusalem Post, Israel will need to find the right path that balances essential security needs with better adherence to the rights of the Palestinian population in order to calm international community tensions. “Failure to do so could worsen Israel’s already fragile standing in the international community and increase international pressure for economic and security sanctions against Israel."

What is International Law on ‘Occupation’?

“Occupation" refers to situation when during an international armed conflict, a territory or parts of territory comes under the effective supervision of a foreign power.

According to Article 42 of the 1907 Hague Regulations, “A territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised".

Once the territory is seized, the occupying power assumes specific obligations towards individuals within the occupied territory, as outlined in the 1907 Hague Regulations and the Fourth Geneva Convention of 1949 alongside norms of customary international humanitarian law.

A Brief History of Israel-Palestinian Conflict

In the 1930s, after Britain had declared its support to Jews for their homeland in Palestine and the League of Nations endorsed the declaration, Zionists began implementing this vision. They hoped to split Israel’s opponents into extremists and moderates.

In November 1947, in the wake of the Holocaust, the United Nations passed a resolution recommending the end of British Mandate Palestine and the creation of two independent states: one Arab and one Jewish. A civil war between Jewish and Palestinian forces ensued.

In 1948, when Israel declared Independence in May 1948, Arabs were attacked. Israeli forces displaced roughly 7,50,000 Palestinians. The war ended when Israelis thought the British forces would intervene. That’s when they withdrew their forces from Sinai and cancel operations in West Bank.

In 1956, after Egyptian leader Gamal Abdel Nasser nationalised the Suez Canal and struck an arms’ deal with the Soviet Union, Israel, with the support of Britain and France, invaded Egypt and occupied the Sinai Peninsula and the Gaza Strip. It was only after US President Dwight Eisenhower’s direct threat that Israel left the territories it occupied.

In 1967, when Egypt, Syria and Jordan threatened to strike, Israel responded with a devastating strike. The UN Security Council ordered a ceasefire, but Israel did not stop until the US and the UN pressured into an abrupt ceasefire.

In October 1973, after Egypt and Syria launched a surprise assault on Israeli positions in the Sinai and Golan Heights, Israeli forces began a drive to destroy the Egyptian Third Army. It only ended it after the US, in a tense standoff with Soviet Union, refused to allow it to continue.

In 1977, Israel’s politics shifted rightward. Elections swung back and forth in the 1980s and 1990s between Labor and the right-wing Likud Party.

In 1990s, when peace process was gaining foothold, Oslo Peace Accords was signed. A far-right Israeli assassinated Labor Prime Minister Yitzhak Rabin that allowed Likud’s Netanyahu to win election, who did everything to destroy the Oslo Accords. After which, the Arab world, led by Saudi Arabia, proposed a peace proposal with Israel based on the creation of a Palestinian state in the West Bank and Gaza Strip, but no Israeli government has ever officially responded to it.

And since 2010, Likud has dominated Israeli politics, making peace impossible to negotiate.

In another case institutionalised by South Africa, the ICJ is already considering allegations that Israel is committing genocide in its military campaign in Gaza. A preliminary ruling has already been issued, instructing Israel to prevent and punish any incitement to genocide and to enhance provisions for humanitarian aid.

The court had already asked Israel to stop its offensive in Rafah, a city in southern Gaza, citing “immense risk" to hundreds of thousands of Palestinians taking shelter there. However, Israel has continued its operation in the city, defying the court order.

According to The Jerusalem Post, Israel will need to find the right path that balances essential security needs with better adherence to the rights of the Palestinian population in order to calm international community tensions. “Failure to do so could worsen Israel’s already fragile standing in the international community and increase international pressure for economic and security sanctions against Israel."

What is International Law on ‘Occupation’?

“Occupation" refers to situation when during an international armed conflict, a territory or parts of territory comes under the effective supervision of a foreign power.

According to Article 42 of the 1907 Hague Regulations, “A territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised".

Once the territory is seized, the occupying power assumes specific obligations towards individuals within the occupied territory, as outlined in the 1907 Hague Regulations and the Fourth Geneva Convention of 1949 alongside norms of customary international humanitarian law.

A Brief History of Israel-Palestinian Conflict

In the 1930s, after Britain had declared its support to Jews for their homeland in Palestine and the League of Nations endorsed the declaration, Zionists began implementing this vision. They hoped to split Israel’s opponents into extremists and moderates.

In November 1947, in the wake of the Holocaust, the United Nations passed a resolution recommending the end of British Mandate Palestine and the creation of two independent states: one Arab and one Jewish. A civil war between Jewish and Palestinian forces ensued.

In 1948, when Israel declared Independence in May 1948, Arabs were attacked. Israeli forces displaced roughly 7,50,000 Palestinians. The war ended when Israelis thought the British forces would intervene. That’s when they withdrew their forces from Sinai and cancel operations in West Bank.

In 1956, after Egyptian leader Gamal Abdel Nasser nationalised the Suez Canal and struck an arms’ deal with the Soviet Union, Israel, with the support of Britain and France, invaded Egypt and occupied the Sinai Peninsula and the Gaza Strip. It was only after US President Dwight Eisenhower’s direct threat that Israel left the territories it occupied.

In 1967, when Egypt, Syria and Jordan threatened to strike, Israel responded with a devastating strike. The UN Security Council ordered a ceasefire, but Israel did not stop until the US and the UN pressured into an abrupt ceasefire.

In October 1973, after Egypt and Syria launched a surprise assault on Israeli positions in the Sinai and Golan Heights, Israeli forces began a drive to destroy the Egyptian Third Army. It only ended it after the US, in a tense standoff with Soviet Union, refused to allow it to continue.

In 1977, Israel’s politics shifted rightward. Elections swung back and forth in the 1980s and 1990s between Labor and the right-wing Likud Party.

In 1990s, when peace process was gaining foothold, Oslo Peace Accords was signed. A far-right Israeli assassinated Labor Prime Minister Yitzhak Rabin that allowed Likud’s Netanyahu to win election, who did everything to destroy the Oslo Accords. After which, the Arab world, led by Saudi Arabia, proposed a peace proposal with Israel based on the creation of a Palestinian state in the West Bank and Gaza Strip, but no Israeli government has ever officially responded to it.

And since 2010, Likud has dominated Israeli politics, making peace impossible to negotiate.