LAST UPDATE | 19 Jul

THE UN’S TOP court has said that Israeli settlement policies in Palestinian territories are in breach of international law.

In a hearing today, a panel of 15 judges from around the world at the International Court of Justice (ICJ) delivered a non-binding advisory opinion on the legality of Israel’s 57-year occupation of lands sought for a Palestinian state.

It is a ruling that could have more effect on international opinion than it will on Israeli policies.

International Court of Justice President Nawaf Salam was expected to take about an hour to read out the full opinion of the panel, which is made up of 15 judges from around the world.

The Gaza Strip is an integral part of the territory that was occupied by Israel following the 1967 armed conflict, the court decided, saying Israel as the occupying Power placed the Gaza Strip under its effective control.

The ICJ said that it considers that the transfer by Israel of settlers to the West Bank and East Jerusalem, as well as Israel’s maintenance of their presence, is contrary to the sixth paragraph of Article 49 of the Fourth Geneva Convention.

“In light of the above, the Court reaffirms that the Israeli settlements in the West Bank and East Jerusalem, and the régime 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.”

The ICJ confirmed that the Gaza Strip is an integral part of the territory that was occupied by Israel. pic.twitter.com/U0g2oov5qR

— State of Palestine (@Palestine_UN) July 19, 2024

The hearing comes against the backdrop of Israel’s devastating 10-month military assault on Gaza, which had been triggered by Hamas-led attacks in southern Israel. 

Israel Prime Minister Benjamin Netanyahu said the Court had made a “decision of lies” by finding that Israel’s policies and practices “amount to annexation of large parts” of the occupied territories.

“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” (the occupied West Bank), Netanyahu said in a statement.

“No decision of lies in The Hague will distort this historical truth, and similarly, the legality of Israeli settlements in all parts of our homeland cannot be disputed.”

Meanwhile, the office of Palestinian president Mahmud Abbas said it welcomed the “historic decision and demands that Israel be compelled to implement it.”

The Palestinian presidency said: “The ICJ ruling renews hope among our people for a future free from colonisation.”

The foreign ministry called the ruling a “watershed moment”.

“Israel is under an obligation to end this illegal colonial enterprise unconditionally, and in our view, that means immediately and totally,” it said.

Tánaiste Micheál Martin welcomed the ruling and while he said it is “complex and will require more detailed consideration”, he added that it “largely confirms the Government’s legal analysis that Israel’s settlement amount to illegal annexation”.

Martin said he will be engaging with partners in the EU and UN to “see how we can bring to bear this authoritative opinion by the Court to end to Israel’s illegal presence in the occupied  Palestinian territories”.

In a separate case, the International Court of Justice is currently considering a South African claim that Israel’s campaign in Gaza amounts to genocide. Israel has vehemently denied this claim. 

Israel captured the West Bank, east Jerusalem and Gaza Strip in the 1967 Mideast war. The Palestinians seek all three areas for an independent state. 

Israel considers the West Bank to be disputed territory, whose future should be decided in negotiations. It has annexed east Jerusalem in a move that is not internationally recognised, while it withdrew from Gaza in 2005 but maintained a blockade of the territory after Hamas took power in 2007.

The international community generally considers all three areas to be occupied territory.

At earlier hearings in February, the then-foreign minister for Palestine, Riad Malki, accused Israel of apartheid and urged the UN’s top court to declare that Israel’s occupation of lands sought by Palestinians is illegal and must end immediately and unconditionally. He said that this was necessary for any hope for a two-state future to survive.

Israel did not send a legal team to the hearings, instead submitting written comments saying that questions to the court are prejudiced and “fail to recognise Israel’s right and duty to protect its citizens”. 

It also said that the questions to the court failed to address Israeli security concerns or acknowledge Israel-Palestinian agreements to negotiate issues, including the “permanent status of the territory, security arrangements, settlements, and borders”.

The Palestinians presented arguments in February along with 49 other nations and three international organisations.

-With reporting by Press Association