Top UN court says Israel's occupation of Palestinian territories is illegal

The Hague — The United Nations' highest court said on Friday that Israel's occupation of Palestinian territories and settlements there are illegal and should be withdrawn as soon as possible, in its strongest findings to date on the Israel-Palestinian conflict.

The advisory opinion by judges at the International Court of Justice (ICJ) is not binding but carries weight under international law and may weaken support for Israel.

“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,” President Nawaf Salam said, reading the findings of a 15-judge panel.

The court said Israel's obligations include paying restitution for harm and “the evacuation of all settlers from existing settlements”.

In a swift reaction, Israel's foreign ministry rejected the opinion as “fundamentally wrong” and one-sided, and repeated its stance that a political settlement in the region can only be reached by negotiations.

“The Jewish nation cannot be an occupier in its own land,” Israeli Prime Minister Benjamin Netanyahu's office said in a statement.

The opinion also found that the UN Security Council, the General Assembly and all states have an obligation not to recognise the occupation as legal nor “render aid or assistance” towards maintaining Israel's presence in the occupied territories.

The case stems from a 2022 request for a legal opinion from the UN General Assembly, predating the war in Gaza that began in October.

Israel captured the West Bank, Gaza Strip and east Jerusalem — areas of historic Palestine which the Palestinians want for a state — in the 1967 Middle East war and has since built settlements in the West Bank and steadily expanded them.

Israeli leaders argue the territories are not occupied in legal terms because they are on disputed lands, but the United Nations and most of the international community regard them as occupied territory.

In February, more than 50 states presented their views before the court, with Palestinian representatives asking the court to find that Israel must withdraw from all the occupied areas and dismantle illegal settlements.

Israel did not participate in the oral hearings but filed a written statement telling the court that issuing an advisory opinion would be “harmful” to attempts to resolve the Israeli-Palestinian conflict.

The majority of states participating asked the court to find the occupation illegal, while a handful, including Canada and Britain, argued it should refuse to give an advisory opinion.

The US, Israel's strongest backer, urged the court to limit any advisory opinion and not order the unconditional withdrawal of Israeli forces from the Palestinian territories.

The US position was that the court should issue no decision that could hurt negotiations towards a two-state solution on a “land for peace” principle.

In 2004 the ICJ gave an advisory ruling that an Israeli separation barrier around most of the West Bank was illegal and Israeli settlements were established in breach of international law. Israel dismissed that ruling.

Reuters