The International Court of Justice, the body that rules on whether or not a state is committing war crimes, just released a groundbreaking advisory opinion saying Israel’s settlements in the West Bank and East Jerusalem violate international law. The advisory opinion is not binding, but carries “authority and legal weight,” according to the New York Times.
Judge Nawaf Salam, reading out the Court’s opinion, said that Israel’s occupation of the West Bank and East Jerusalem constitutes “de facto annexation,” and that it infringes on the rights of the Palestinian people for self-determination. Therefore, Salam said, Israel should fully end their occupation of those territories outside its 1967 borders, provide reparations to Palestinians harmed by occupation, cease the construction of new settlements, and dismantle settlements that currently exist.
Of the 15-member court, 11 members agreed on every provision of the opinion. Several members of the court also argued what most human rights organizations have said for decades: that Israel’s policies in the West Bank constitute “racial segregation or apartheid.”
The United Nations General Assembly had requested the opinion on the legal consequences of Israel’s occupation in Gaza, the West Bank, and East Jerusalem in January 2023, prior to the October 7th Hamas attack on Israel and Israel’s military incursion into Gaza. This opinion is separate from the ongoing deliberations over South Africa’s case regarding genocide in Gaza.
Copyright
© Mother Jones