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ICJ: Israeli settlement policies in Palestinian territories breach international law

The findings by judges at the ICJ, known as the World Court, are not binding but carry weight under international law
The findings by judges at the ICJ, known as the World Court, are not binding but carry weight under international law

The International Court of Justice (ICJ) has said that Israel's settlement policies and exploitation of natural resources in the Palestinian territories were in breach of international law.

The findings by judges at the ICJ, known as the World Court, are not binding but carry weight under international law.

"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," ICJ President Nawaf Salam said, reading the findings of a 15-judge panel.

The ruling stated that Israel's policies and practices in the Palestinian territories amounted to annexation of large parts of these territories.

It said Israel's continued presence in the territories should come to an end "as rapidly as possible".

It also found that Israel systematically discriminates against Palestinians in the occupied territories and said Israel must make reparations for damages caused by its occupation.

Palestinian Ambassador to Ireland, Dr Jilan Wahba Abdalmajid, described the ruling as "historic" and "significant".

She said the court's ruling clearly demonstrates that the presence of the Israeli occupation is unlawful.

She added: "We will talk to our friends in the world to see what will be the next step that we the Palestinians want to take with the ICJ and the UN."

The court's opinion is a response to a resolution from the UN General Assembly in December 2022, which asked the UN's top court to examine the legal consequences of the "ongoing violation by Israel of the right of the Palestinian people to self-determination" due to its prolonged occupation and settlement of Palestinian territories.

Israel has occupied the Palestinian territories of the West Bank and Gaza since 1967, making it the world's longest military occupation in modern history.

In February of this year, the court heard submissions from 50 countries including Ireland. During the hearings, most speakers demanded that Israel end its occupation, which came after a six-day Arab-Israeli war in 1967.

"Ireland has, with regret, concluded that by its prolonged occupation of Palestinian territory and the settlement activities it has conducted there for more than half a century, Israel has committed serious breaches of a number of peremptory norms of general international law," Ireland's Attorney General Rossa Fanning told the court in February.

However the United States claimed Israel should not be legally obliged to withdraw without taking its "very real security needs" into account.

Israel did not take part in the oral hearings in February.

The case is separate from the one brought before the same court by South Africa, which alleges Israel is responsible for violations of the Genocide Convention as a result of its military campaign in Gaza.

However, it has taken on increased significance in the wake of the current conflict and is likely to increase political pressure on Israel.

Tánaiste welcomes ICJ's advisory opinion

Tánaiste and Minister for Foreign Affairs Micheál Martin has welcomed the International Court of Justice's advisory opinion on the situation surrounding the Israel-Palestine conflict.

In a statement, the Tánaiste said that while the ICJ's opinion is "lengthy and complex" it "largely confirms the Government's legal analysis that Israel's settlement and related policies in the Occupied Palestinian Territories amount to illegal annexation".

The Tánaiste said he wants to be "absolutely clear that there can be no just and lasting solution to the Israeli-Palestinian conflict without respect for international law".

He said the ICJ's view is of "fundamental importance in this context".

"I will be engaging with partners - in the EU, across the region, and more widely within the United Nations - to see how we can now bring to bear this authoritative opinion by the ICJ to end to Israel's illegal presence in the Occupied Palestinian Territories, and bring about the full realisation of the right of the Palestinian people to self-determination.

"Ireland will remain committed to the two-state solution endorsed over many decades by the UN Security Council: a safe and secure Israel and an independent, democratic, contiguous, sovereign and viable State of Palestine, living side by side in peace within secure and recognised borders, based on those of 1967, with Jerusalem as the future capital of both states," the Tánaiste said.

Additional reporting Fergal Gallagher, Fiachra Ó CIonnaith