The International Court of Justice (ICJ) has ruled today that Israel’s settlement policies in the occupied Palestinian territories violate international law and it must pay reparations to Palestinians who have lost property and income as a result.
The ICJ determined that Israel’s transfer of settlers to the occupied West Bank and East Jerusalem, along with its maintenance of their presence, contravenes the sixth paragraph of Article 49 of the Fourth Geneva Convention.
President Nawaf Salam, reading the findings of the 15-judge panel, stated: “The Court reaffirms that the 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. The Court notes with grave concern reports that Israel’s settlement policy has been expanding since the Court’s Wall Advisory Opinion.”
“The sustained abuse of Israel of its position as an occupying power through annexation and an assertion of permanent control over the occupied Palestinian territory and continued frustration of the right of the Palestinian people to self-determination violates fundamental principles of international law and renders Israel’s presence in the occupied Palestinian territory unlawful,” he continued.
The court also declared that Israel’s ongoing presence in Palestinian territories is illegal and should end “as rapidly as possible.” Additionally, it ruled that Israel must compensate for damages resulting from its occupation and noted that Israel’s exploitation of natural resources is “inconsistent” with its obligations under international law as an occupying power.
Highlighting the argument that Israel is committing apartheid, Salam said: “The Court observes that Israel’s policies and practices in the West Bank and East Jerusalem implement a separation between the Palestinian population and the settlers transferred by Israel to the territory.” He explained that this separation is not only physically but also through jurisdiction with Palestinians forced to obtain planning permission to build in the occupied Palestinian territories while settlers do not.
As a result of its findings, he added, the court considers that “Israel’s legislation and measures constitute a breach of Article 3 of CERD”, thus Tel Aviv is racially discriminating against Palestinians.
Moreover, the court further stated that Israel’s practices and policies infringe upon the Palestinians’ right to self-determination.
Though the decisions are legally-binding, the court has no means of enforcement.
Estimates indicate that around 700,000 Israeli settlers live in roughly 300 illegal settlements in the occupied West Bank and East Jerusalem.
The ruling comes in response to the UN General Assembly in 2022 requesting the court’s opinion on the legal implications of Israel’s “prolonged occupation, settlement, and annexation” of the territories, including the West Bank and East Jerusalem since 1967.
Israel stands accused at the ICJ of carrying out a genocide in its ongoing war on Gaza.
WATCH: ‘Gaza is the most documented genocide in history,’ Palestinian Ambassador to the UN