ICJ Ruling on Israel’s Occupation of the West Bank

The International Court of Justice (ICJ) has declared Israel’s occupation of the West Bank and East Jerusalem as illegal, urging an end “as soon as possible.” This opinion, issued in response to a 2022 request from the UN General Assembly, predates the Israel-Hamas conflict but is likely to increase pressure on Israel regarding its military actions. It is important to note that the ICJ’s opinion is advisory and not legally binding.

‘Occupation’ Under International Law

• Historical Background: Israel has occupied the West Bank and East Jerusalem since the Six-Day War in 1967, prior to which these territories were under Jordanian control.
• Legal Definition: According to Article 42 of the 1907 Hague Regulations, a territory is considered occupied when it is under the authority of a hostile army. This occupation must be temporary and cannot result in the transfer of sovereignty to the occupying power.
• Obligations of the Occupying Power: The occupying power must meet specific obligations, such as providing food and medical care and prohibiting the use or threat of force against civilians in the occupied territory.

ICJ’s Opinion

• Abuse of Position: The ICJ concluded that Israel abused its position as an occupying power by annexing Palestinian territories and asserting permanent control over them, thus denying Palestinians their right to self-determination.
• Violation of Geneva Convention: Israel’s settlement policy and military measures have forced Palestinians to leave parts of the occupied territories, violating Article 49 of the Fourth Geneva Convention, which prohibits the transfer of the occupying power’s civilian population into the occupied territory.
• Use of Force and Resources: The ICJ held that Israel’s actions, including the building and expansion of settlements, the exploitation of natural resources, and the imposition of permanent control over the occupied lands, contravene international law’s prohibition of the use of force.
• Apartheid and Segregation: Israel’s policies create a near-complete separation between settlers and Palestinians in the occupied territories, violating Article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination, which mandates the eradication of apartheid and racial segregation practices.