The ICJ’s Advisory Opinion – 19th July 2024
JVL Introduction
The International Court of Justice has issued its long-awaited Advisory Opinion on two issues on which it had been asked to rule by the General Assembly:
- the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination and from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967
- the legal status of the occupation and the legal consequences that arise for all States and the United Nations from this status.
Its judgment is unambiguous.
In essence:
- The occupation is unlawful and Israel should end it without delay, all new settlement activities should cease immediately, all settlers from the Occupied Palestinian Territory should be evacuated, and Israel should make appropriate reparations;
- All states are under an obligation not to render aid or assistance in maintaining the situation created by the continued presence of the State of Israel in the Occupied Palestinian Territory;
- So too the United Nations, the Security Council and the General Assembly.
No-one expect Israel to roll over but the screws are tightening slowly.
Western governments in particular are going to come under increased pressure to end their complicity in tolerating, if not actively supporting, Israel’s egregious violations of international law.
The call for an immediate ceasefire and an embargo on all arms supplies to Israel until it complies with international law will also be greatly strengthened by this Opinion.
RK
Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem
INTERNATIONAL COURT OF JUSTICE
Press Release Unofficial No. 2024/57 19 July 2024
The Court gives its Advisory Opinion and responds to the questions posed by the General Assembly
THE HAGUE, 19 July 2024. The International Court of Justice has today given its Advisory Opinion in respect of the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.
It is recalled that, on 30 December 2022, the General Assembly of the United Nations adopted resolution A/RES/77/247 in which, referring to Article 65 of the Statute of the Court, it requested the International Court of Justice to give an advisory opinion on the following questions:
“(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?
(b) How do the policies and practices of Israel referred to . . . above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?”
In its Advisory Opinion, the Court responds to the questions posed by the General Assembly by concluding that:
– the State of Israel’s continued presence in the Occupied Palestinian Territory is unlawful;
– the State of Israel is under an obligation to bring to an end its unlawful presence in the Occupied Palestinian Territory as rapidly as possible;
– the State of Israel is under an obligation to cease immediately all new settlement activities, and to evacuate all settlers from the Occupied Palestinian Territory;
– the State of Israel has the obligation to make reparation for the damage caused to all the natural or legal persons concerned in the Occupied Palestinian Territory;
– all States are under an obligation not to recognize as legal the situation arising from the unlawful presence of the State of Israel in the Occupied Palestinian Territory and not to render aid or assistance in maintaining the situation created by the continued presence of the State of Israel in the Occupied Palestinian Territory;
– international organizations, including the United Nations, are under an obligation not to recognize as legal the situation arising from the unlawful presence of the State of Israel in the Occupied Palestinian Territory; and
– the United Nations, and especially the General Assembly, which requested the opinion, and the Security Council, should consider the precise modalities and further action required to bring to an end as rapidly as possible the unlawful presence of the State of Israel in the Occupied Palestinian Territory.
You cna download the reasoning of the court in the full press release here
Someone or a group within Labour needs to put a Freedom of Information Act request to the Attorney General asking what the new Labour Government intends to do about this.
Would be nice but FoI Act doesn’t cover this sort of request.