The International Court of Justice (ICJ), the United Nations’ highest court, has issued a landmark advisory opinion declaring that Israeli settlements in the occupied Palestinian territories are illegal under international law.
The opinion, delivered by a 15-judge panel led by President Nawaf Salam, asserts that these settlements in the West Bank and East Jerusalem are established and maintained in violation of international legal standards.
Although not binding, the ICJ’s findings carry significant weight in international law and could influence global support for Israeli policies. The court’s opinion also includes a recommendation that Israel pay reparations to Palestinians for damages caused by the ongoing occupation.
Furthermore, it urges all states, the UN Security Council and the General Assembly to refrain from recognizing the occupation as legal and to avoid supporting or aiding its continuation.
The advisory opinion originates from a 2022 request by the UN General Assembly, preceding the recent conflict in Gaza. Israel captured the West Bank, Gaza Strip, and East Jerusalem during the 1967 Six-Day War, and has since expanded its settlements in these areas, which Palestinians seek for a future state. Israeli officials argue that the territories are disputed rather than occupied, a stance not supported by the majority of the international community.
In February, over 50 states presented their views before the court, with Palestinian representatives calling for an end to the occupation and dismantling of settlements. Israel did not participate in the hearings, arguing that an advisory opinion could hinder peace efforts.
The United States and some allies, including Canada and Britain, urged the ICJ to limit its advisory opinion, with the U.S. specifically opposing an unconditional withdrawal of Israeli forces.
This advisory opinion builds on the ICJ’s 2004 ruling, which declared Israel’s separation barrier and settlements illegal.
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