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The Hague: The top UN court said Israel's settlement policy in the West Bank and East Jerusalem violated international law, as it issued a non-binding advisory opinion on the legality of Israel's 57-year occupation of land sought for a Palestinian state. A decision that has more influence on international public opinion than on Israeli policies.
International Court of Justice President Nawaf Salam was expected to take about an hour to read the full opinion of the panel, made up of 15 judges from around the world.
In one part of the opinion, he said the panel found that “Israel's relocation of settlers to the West Bank and Jerusalem, as well as their continued presence by Israel, is contrary to Article 49 of the Fourth Geneva Convention.” The court noted with “grave concern” that Israel's settlement policy was expanding.
The court also found that Israel's use of natural resources was “inconsistent” with its obligations under international law as an occupying power.
Friday's hearing comes against the backdrop of Israel's disastrous 10-month military offensive on Gaza, which was triggered by a Hamas-led offensive in southern Israel. In a separate case, the International Court of Justice is considering a South African claim that Israel's campaign in Gaza constitutes genocide, a claim Israel vehemently denies.
In the 1967 Middle East War, Israel occupied the West Bank, East Jerusalem and the Gaza Strip. The Palestinians are seeking an independent state in all three territories.
Israel considers the West Bank a disputed territory, whose future must be negotiated, while it has settled settlements there to strengthen its occupation. It annexed East Jerusalem in a move not recognized internationally, while it withdrew from Gaza in 2005 but maintained a blockade of the area after Hamas took power in 2007. The international community generally considers the region to encompass all three regions.
At a hearing in February, then-Palestinian Foreign Minister Riyad Malki accused Israel of apartheid and asked the United Nations Supreme Court to declare that Israel's occupation of land sought by the Palestinians is illegal and must end immediately and unconditionally for any hope for a two-pronged relationship. To survive the future of the state.
Israel, which generally views UN and international tribunals as unfair and biased, is not sending a legal team to the hearings. But it submitted written comments, saying the questions posed to the court were prejudicial and “failed to recognize Israel's right and duty to protect its citizens” to address Israeli security concerns or accept Israeli-Palestinian agreements to negotiate issues including “permanent status.” Submitted of territory, security arrangements, settlements and borders.
The Palestinians presented the argument in February with 49 other nations and three international organizations.
Erwin van Veen, a senior research fellow at The Hague's Klingendale think tank, said that if the court ruled that Israel's policies in the West Bank and East Jerusalem violated international law, it would not likely change Israeli policies but would “isolate Israel. More internationally, at least legally.” From the point of view.
He said such a decision would “damage the business case. It removes any kind of legal, political, philosophical basis for the Israeli expansion project.
It also strengthens the hand of those who “seek to advocate against it” – such as the Palestinian-led grassroots movement advocating boycotts, boycotts and sanctions against Israel.
He said following the recent example of Spain and Norway and Ireland, the number of countries recognizing the state of Palestine could increase, especially in the Western world.
This is not the first time the ICJ has been asked to give a legal opinion on Israeli policies. Two decades ago, the court ruled that Israel's West Bank partition blockade was “contrary to international law.” Israel denounced the actions as politically motivated.
Israel says the blockade is a security measure. Palestinians say the structure grabs a large swath of land as it repeatedly dips into the West Bank.
The UN General Assembly voted by a wide margin to ask the World Court for an advisory opinion in December 2022. Israel strongly opposed the request promoted by the Palestinians. 50 countries abstained from voting.
Israel has built more than 100 settlements, according to the anti-settlement monitoring group Peace Now. According to pro-settler groups, the West Bank settlement population has grown by more than 15% in the past five years to 500,000 Israelis.
Israel has also taken over East Jerusalem and claims the entire city as its capital. An additional 200,000 Israelis live in settlements built in East Jerusalem, which Israel considers a neighborhood of its capital. Palestinian residents of the city face systematic discrimination, making it difficult for them to build new homes or expand existing homes.
The international community considers all settlements built on land sought by the Palestinians for their state to be illegal or obstacles to peace.
Prime Minister Benjamin Netanyahu's hardline government is dominated by settlers and their political supporters. Netanyahu has given his Finance Minister Bezalel Smotrich, a former settler leader, unprecedented authority over settlement policy. Smotrich has used this position to cement Israel's control over the West Bank by advancing plans to build more settlement houses and legalize outposts.
According to a copy of the order obtained by The Associated Press, officials recently approved the allocation of 12.7 square kilometers (about 5 square miles) of land in the Jordan Valley, a strategic slice inside the West Bank. Figures from Peace Now, a tracking group, show it is the largest single allocation approved at the start of a peace process since the 1993 Oslo Accords.