Israel's presence in occupied Palestinian territories illegal and should end, says ICJ

While ruling is expected to influence international opinion, it is unlikely to prompt substantial changes in Israeli policies

International Court of Justice president Nawaf Salam said Israel must 'immediately cease all new settlement activity' in the Palestinian territories. AFP

The UN's top court ruled on Friday that Israel's presence in the occupied Palestinian territories is illegal and should come to an end “as rapidly as possible”.

Reading out the 83-page International Court of Justice's full opinion on the legality of Israel's 57-year occupation, court president Nawaf Salam said Israel “has an obligation to bring an end to its presence in the occupied Palestinian territory as rapidly as possible” because its policies and practices had been found to be “unlawful”.

The ICJ's decision is non-binding and, while the ruling is expected to influence international opinion, it is unlikely to prompt substantial changes in Israeli policies.

It highlighted numerous Israeli policies it deemed in breach of international law, including the construction and expansion of Israeli settlements in the West Bank and East Jerusalem, annexation and permanent control of lands, and discriminatory practices against Palestinians.

“There is extensive evidence of Israel's policy of providing incentives for the relocation of Israeli individuals and businesses into the West Bank, as well as for its industrial and agricultural development by settlers. There is also evidence that Israel regularly legalises outposts that have been established in contravention of domestic Israeli legislation,” Mr Salam stated.

The world court said that new settlement activity “must immediately cease”.

Israel considers the occupied West Bank disputed territory, with its future to be decided through negotiations.

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To solidify its hold, it has established settlements there. It also annexed East Jerusalem, a move not recognised internationally. Although it withdrew from Gaza in 2005, Israel had maintained a blockade of the enclave since Hamas took power in 2007.

The international community generally regards all three areas as occupied territory.

Mr Salam noted that Israel is obliged to provide full reparation for damages caused by its “internationally wrongful acts” to all affected parties.

“It also requires the evacuation of all settlers from existing settlements and the dismantling of the parts of the wall constructed by Israel,” he added.

Earlier this month, Israel made the largest seizure of land in the occupied West Bank in 30 years, according to an Israeli anti-settlement organisation.

Data from Peace Now indicated that the almost 13-square-kilometre appropriation in the Jordan Valley was the largest land grab since the 1993 Oslo Accords.

The world court also found that Israel was breaking international law in its use of natural resources in the occupied Palestinian territories.

“The court considers that Israel's use of the natural resources in the occupied Palestinian territory is inconsistent with its obligations under international law by diverting a large share of the natural resources to its own population, including settlers,” Mr Salam said.

The decision comes as Israel continues its war in Gaza, which has resulted in the deaths of more than 38,000 Palestinians.

A Palestinian woman holds her daughter as she walks past the rubble of houses destroyed during the Israeli military offensive in Khan Younis in the southern Gaza Strip. Reuters

Prime Minister Benjamin Netanyahu said the ICJ had made a “decision of lies” by ruling Israel's occupation of the Palestinian territories illegal.

“The Jewish people are not occupiers in their own land – not in our eternal capital Jerusalem, nor in our ancestral heritage of Judea and Samaria,” he said in a statement, referring to Israel's name for the occupied West Bank.

Israel's Foreign Minister, Israel Katz, called the ruling “fundamentally warped, one-sided and wrong”.

The office of Palestinian President Mahmoud Abbas welcomed the “historic” decision.

Palestinian UN ambassador Riyad Mansour told reporters in the Hague that the state of Palestine will now go back to the UN General Assembly to produce a resolution in line with the court's decision.

"Our people deserve much more than that. Our people want to put an end to this occupation. What happened today is a significant step in the direction of ending occupation and attaining the inalienable rights of the Palestinian people, including the right to self-determination, statehood, and the right of the refugees to return," he said.

“We will consult with any army of friends at the United Nations and in all corners of the globe in order to set the stage for the following stage."

Human Rights Watch executive director, Tirana Hassan, said the court has now placed responsibility with all states and the United Nations to end these violations of international law.

"The ruling should be yet another wake-up call for the United States to end its egregious policy of defending Israel’s oppression of Palestinians and prompt a thorough reassessment in other countries as well."

Friday’s hearing came amid Israel's intense nine-month military campaign in Gaza, triggered by Hamas-led attacks in southern Israel on October 7.

Separately, the ICJ is reviewing a South African claim that Israel's actions in Gaza constitute genocide, a charge Israel firmly denies.

Thomas Helm contributed to this report from Jerusalem