"Israel's occupation of Palestine is illegal, should end," says International Court of Justice

The International Court of Justice (ICJ) President Nawaf Salam announced that the court is currently exploring the judicial ramifications of political practices and their impact on occupied Palestinian territories (oPt).

He affirmed that it is within the court's mandate to offer advisory opinions on the Israeli occupation of Palestine, underscoring that the oPt are areas of unity, continuity, and sovereignty that must be respected.

Salam noted that the current advisory opinion does not address the recent war on Gaza that erupted in October 2023. The court’s focus remains on assessing the legal implications of "Israel’s" presence in these territories under the assumption that the land remains occupied.

He confirmed that "Israel" retains significant control over the Gaza Strip, including oversight of its air, sea, and land borders. Salam also pointed out that "Israel's" responsibilities in the occupied territories are governed by the 1959 treaty on the treatment of civilians in wartime.

Israel’s “abuse of its status as the occupying power” renders its “presence in the occupied Palestinian territory unlawful,” the court said, saying its presence must be ended as “rapidly as possible.”

Salam criticized "Israel" for abandoning its commitments under the 1965 International Convention on the Elimination of All Forms of Racial Discrimination and urged compliance with the Cedar Treaty when exercising authority beyond its borders.

Furthermore, Salam reaffirmed that the Palestinian people, as recognized under the Oslo Accords, have the right to self-determination. He stated that "Israel’s" practices since 1967 have infringed upon this right.

The ICJ views occupation as a temporary situation driven by military necessity, asserting that prolonged occupation does not change the legal status of the territories. 

“The ICJ fulfilled its legal and moral duties with this historic ruling; all states must now uphold their clear obligations: no aid, no assistance, no complicity, no money, no arms, no trade, no nothing, no actions of any kind to support Israel’s illegal occupation”, he said.

Salam clarified that occupying powers are prohibited from forcibly displacing residents or settling their own citizens in occupied areas. 

He emphasized that the transfer of settlers to the West Bank or East Jerusalem violates Article 49 of the Geneva Convention.

Salam concluded by stating, “The appropriation of Palestinian property by settlers breaches Israel’s international obligations,” and stressed that “occupying forces must ensure the provision of water and food to the inhabitants of the occupied areas.”