The International Court of Justice in The Hague issued a nonbinding ruling Friday on Israel's occupation of Palestinian territory. (File photo)
The International Court of Justice (ICJ) declared on Friday that Israel’s settlement policies in the occupied Palestinian territories breach international law, mandating that Israel pay reparations to Palestinians who have suffered property and income losses as a result.
The ICJ found that Israel’s relocation of settlers to the West Bank and East Jerusalem, as well as the upkeep of their presence, violates the sixth paragraph of Article 49 of the Fourth Geneva Convention.
“The Court reaffirms that the 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 notes with grave concern reports that Israel’s settlement policy has been expanding since the Court’s Wall Advisory Opinion”, affirmed President Nawaf Salam, delivering the verdict of the 15-judge panel.
He added: “The sustained abuse of Israel of its position as an occupying power through annexation and an assertion of permanent control over the occupied Palestinian territory and continued frustration of the right of the Palestinian people to self-determination violates fundamental principles of international law and renders Israel’s presence in the occupied Palestinian territory unlawful.”
The court also deemed Israel’s ongoing occupation of Palestinian territories illegal and urged its termination “as rapidly as possible.” It further ruled that Israel must provide compensation for damages incurred due to its occupation, noting that Israel’s exploitation of natural resources is “inconsistent” with its duties under international law as an occupying power.
Addressing accusations of apartheid, Salam remarked: “The Court observes that Israel’s policies and practices in the West Bank and East Jerusalem implement a separation between the Palestinian population and the settlers transferred by Israel to the territory.”
He explained that this segregation is not only physical but also judicial, with Palestinians needing planning permission to build in the occupied territories while settlers do not.
Consequently, the court concluded that “Israel’s legislation and measures constitute a breach of Article 3 of CERD,” indicating racial discrimination against Palestinians by Tel Aviv.
Moreover, the court emphasized that Israel’s actions and policies impede the Palestinians’ right to self-determination.
Although the court's rulings are legally binding, it lacks enforcement mechanisms.
Current estimates suggest that around 700,000 Israeli settlers reside in approximately 300 illegal settlements in the West Bank and East Jerusalem.
This ruling follows a 2022 request by the UN General Assembly for the court’s opinion on the legal ramifications of Israel’s “prolonged occupation, settlement, and annexation” of territories, including the West Bank and East Jerusalem, since 1967.
Israel also faces accusations at the ICJ of committing genocide in its ongoing conflict in Gaza.