New victory for law! Israel disavowed by the International Court of Justice: illegal occupation and colonization must end

On December 31, 2022, the United Nations General Assembly adopted a resolution requesting the International Court of Justice (ICJ) to ” advisory opinion ” on the ” legal consequences arising from Israel’s policies and practices in the Occupied Palestinian Territories, including East Jerusalem “.

France had then shamefully abstained.

For six days in February 2024, some fifty States testified in this unprecedented case. The Court, through its President Nawaf Salam, has just delivered its verdict on July 19, 2024:

“Israel’s continued presence in the Occupied Palestinian Territory (OPT) is illegal” And “The State of Israel has an obligation to end its illegal presence in the OPT as soon as possible.”

She said Israel’s colonial policy violates the Palestinians’ inalienable right to self-determination.

It found that Israel is violating international law by seizing the resources of the OPT, by substituting its law for that of the Palestinians, and by seizing territory by force.

Furthermore, the Court found that Israel has established an institutionalized regime of discrimination against Palestinians that constitutes a policy of segregation or apartheid.

It concluded that Israel is obliged to make full reparation for the damage caused in the form of restitution of land and property.

In its advisory opinion, the Court therefore answered the questions posed by the General Assembly:

• the continued presence of the State of Israel in the Occupied Palestinian Territory is unlawful;
• the State of Israel is under an obligation to end its illicit presence in the Occupied Palestinian Territory as soon as possible;
• the State of Israel is obliged to immediately cease all further settlement activity and to evacuate all settlers from the Occupied Palestinian Territory;
• the State of Israel has an obligation to make reparation for the harm caused to all affected individuals and legal entities in the Occupied Palestinian Territory;
• All States are under an obligation not to recognize as lawful the situation resulting from the unlawful presence of the State of Israel in the Occupied Palestinian Territory and not to render aid or assistance in maintaining the situation created by the continued presence of the State of Israel in the Occupied Palestinian Territory.

Let us recall that in June 1967, during the so-called “Six-Day War” that it launched, Israel seized the West Bank and East Jerusalem from Jordan, the Golan Heights from Syria, and the Gaza Strip and the Sinai Peninsula from Egypt. Since then, Israel has occupied 8,220 square kilometres of the seized territories: the Court has recalled that the West Bank, including East Jerusalem and the Gaza Strip, constitutes the OPT.

Settler colonization, land theft, ethnic cleansing, and the ongoing aggression of settlers have escalated. There are 750,000 settlers living illegally on land illegally occupied by Israel.

The Court recalled that Colonization is a war crime under international law (Article 49 of the 4th Geneva Convention).

It’s a New condemnation of Israel by the highest international courtsince on January 26, the International Court of Justice, seized by South Africa, had already ruled by implicating Israel and considered that there was a plausible risk of genocide in Gaza and that interim measures were necessary to preserve the rights of the Palestinian population.

The AFPS welcomes this new historic decision by the ICJ. Its clarity and its foundations confirm what the Palestinians and the solidarity movement have been saying for 57 years: the illegality of the Israeli occupation, annexation and colonization. It reiterates the law.

However, this is an advisory opinion and therefore not binding. Its legal and political weight is nonetheless considerable. The Court considers that it is now up to the UN to take measures to put an end to Israel’s violations of the law.

The AFPS therefore solemnly appeals to the next French government to play its political role within the various United Nations bodies, so that the occupation and colonization of Palestinian territory by Israel can be brought to an end in accordance with the opinion given by the ICJ.

She asks the President of the Republic to recognize the State of Palestine, which would finally, coming from France, be a strong sign of respect for the right to self-determination of its people and respect for international law.

The AFPS National Office,
July 22, 2024