The International Court of Justice (ICJ), the United Nations' highest court, declared on Friday that Israel's occupation of Palestinian territories and its settlements there are illegal and should be withdrawn immediately. This ruling, while advisory and not legally binding, carries significant weight under international law and could impact support for Israel.
ICJ President Nawaf Salam, reading the findings of a 15-judge panel, stated that "Israeli settlements in the West Bank and East Jerusalem, and the regime associated with them, have been established and are being maintained in violation of international law." The court specified that Israel must pay restitution for damages and evacuate all settlers from the existing settlements.
Israel's foreign ministry swiftly rejected the opinion, labeling it as "fundamentally wrong" and biased, emphasizing that a political resolution can only be achieved through negotiations. Prime Minister Benjamin Netanyahu's office reiterated that "the Jewish nation cannot be an occupier in its own land."
The ICJ's opinion also angered West Bank settlers and politicians like Finance Minister Bezalel Smotrich, who called for the formal annexation of the West Bank in response. Israel Gantz, head of the Binyamin Regional Council, claimed the opinion contradicted the Bible, morality, and international law.
Additionally, the ICJ opinion stated that the U.N. Security Council, the General Assembly, and all states have an obligation not to recognize the occupation as legal or assist in maintaining Israel's presence in the occupied territories. The United States, Israel's largest military ally, was notably implicated.
The Palestinian Foreign Ministry hailed the opinion as "historic," urging states to comply by ceasing any aid or support for Israel's occupation. Palestinian envoy Riyad al-Maliki, outside the court in The Hague, demanded no aid, assistance, or complicity in supporting Israel’s illegal occupation.
The case arose from a 2022 U.N. General Assembly request for a legal opinion, predating the October Gaza war. Israel captured the West Bank, Gaza Strip, and East Jerusalem in the 1967 Middle East war and has since expanded settlements in the West Bank. Israeli leaders contend that these territories are not legally occupied but are disputed lands, a stance not widely shared by the international community.
In February, more than 50 states presented their views before the court. Palestinian representatives requested a ruling for Israel to withdraw from all occupied areas and dismantle illegal settlements. Israel did not participate in oral hearings but submitted a written statement warning that an advisory opinion could harm efforts to resolve the conflict.
Most states asked the court to declare the occupation illegal, while a few, including Canada and Britain, argued against providing an advisory opinion. The United States urged the court not to mandate an unconditional withdrawal of Israeli forces, advocating instead for a two-state solution based on "land for peace."
In 2004, the ICJ issued an advisory ruling that an Israeli separation barrier around most of the West Bank was illegal and that Israeli settlements breached international law. Israel dismissed that ruling.