Experts Hail ICJ Declaration On Illegality Of Israel’s Presence In The Occupied Palestinian Territory As “historic”

GENEVA (30 July 2024) – Israel and other UN Member States must immediately comply with the authoritative determination by the International Court of Justice (ICJ) on Israel’s presence in the occupied Palestinian territory, independent human rights experts said today.

The landmark ruling of 19 July 2024 declared that Israel’s occupation of the Gaza strip and the West Bank, including East Jerusalem, is unlawful, along with the associated settlement regime, annexation and use of natural resources. The Court added that Israel's legislation and measures violate the international prohibition on racial segregation and apartheid. The ICJ mandated Israel to end its occupation, dismantle its settlements, provide full reparations to Palestinian victims and facilitate the return of displaced people.

“The advisory opinion reaffirms peremptory norms prohibiting annexation, settlements, racial segregation and apartheid, and should be seen as declaratory in nature and binding on Israel and all States supporting the occupation,” the experts said.

The Court refuted the notion that Palestinian self-determination must be achieved solely through bilateral negotiations with Israel – a requirement that has subjected Palestinians to violence, dispossession and rights violations for 30 years.

“The Court has finally reaffirmed a principle that seemed unclear, even to the United Nations: Freedom from foreign military occupation, racial segregation and apartheid is absolutely non-negotiable,” the experts said.

They welcomed the Court’s recognition that converting occupation into annexation by demolishing homes, denying housing permits, and land grabs, violates the jus cogens norm prohibiting the use of force to annex occupied territory.

“May this historic ruling begin the realisation of the Palestinian people’s fundamental right to self-determination, and peace premised on freedom for all,” the experts said. The ICJ advisory opinion will serve as a critical tool to restore respect for international law, especially at this crucial moment when the Court is also considering Israel’s alleged violations of the Genocide Convention, they added.

The experts recalled that the opinion was delivered 20 years after the same Court ruled on the illegality of Israel’s wall, an authoritative ruling that was largely disregarded by Israel and UN Member States, allowing impunity to reign.

“Since the Court ruling on 19 July, Israel has intensified attacks on the civilian population in Gaza and their natural resources,” they warned.

“Israel must comply with this advisory opinion, and other ICJ orders issued this year,” they said. “Israel must stop acting as if uniquely above the law.

“While the UN Security Council and General Assembly will consider strategies to ensure a swift end to the illegal occupation”, the experts said, “States must immediately review all diplomatic, political, and economic ties with Israel, inclusive of business and finance, pension funds, academia and charities.”

They called for an arms embargo, an end to all other commercial that may damage the Palestinians, and targeted sanctions, including asset freezes, on Israeli individuals and entities involved in illegal occupation and racial segregation and apartheid policies.

They further called for investigations and prosecutions against those involved in crimes in the occupied Palestinian territory, particularly dual citizens serving in Israel’s military or involved in settler violence.

“The Court’s findings should also be widely disseminated to ensure that the illegality of Israel’s presence in the occupied territory is fully understood at all levels of the government and reflected in public documents and education systems.”

“Laws and policies that penalise opposition to or impede advocacy against Israel’s occupation and apartheid must be rescinded,” the experts said.

Encouraging States to engage with the International Criminal Court, the experts called for a protective presence for Palestinians and demanded access for independent experts and mechanisms to the occupied Palestinian territory.

They also called on the international community to challenge Israel’s deliberate efforts to rewrite the rules of international humanitarian law, using it as “humanitarian camouflage” to legitimise potentially genocidal violence against all Palestinians.

“For too long, Palestinians have been held hostage to realpolitik, while Israel has made a mockery of international order and the normative framework of international law,” the experts said. “May the ICJ advisory opinion be the catalyst for renewed international action to restore and preserve an international order premised on respect for international law.”

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