The International Court of Justice (ICJ) declared on Friday that Israel’s occupation of the West Bank and East Jerusalem contravenes international law. This marks the first time the world’s highest court has explicitly addressed the issue, which has been a longstanding topic of debate and numerous resolutions at the United Nations.
The ICJ’s advisory opinion, though not legally binding, carries significant authority and could influence international opinion. “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,” stated ICJ President Nawaf Salam during the announcement at the Peace Palace in The Hague.
The court’s opinion has garnered heightened attention due to the ongoing conflict in Gaza, which began over nine months ago, and a separate genocide case initiated by South Africa against Israel concerning its actions in the war. Earlier this year, the court ordered Israel to restrain its attacks in Gaza and to halt its military operations in Rafah, a city in southern Gaza.
In 2022, the United Nations General Assembly requested the ICJ’s opinion on the legal implications of Israelâs prolonged occupation, settlement, and annexation of territories seized during the 1967 Middle East war, including the West Bank, Gaza, and East Jerusalem.
Israel considers the West Bank disputed territory, with its future status to be determined through negotiations. Over the past decades, Israel has permitted hundreds of thousands of Jews to settle in these areas. While Israel has annexed East Jerusalem, this move has not received broad international recognition. Additionally, Israel withdrew from Gaza in 2005 but, along with Egypt, has imposed a blockade on the territory for the past 17 years following Hamas’s takeover in 2007.
The ICJ held hearings in February at the Peace Palace, where Israel did not attend but submitted a statement challenging the legitimacy of the proceedings as biased. During the hearings, Palestinian Authority Foreign Minister Riyad al-Maliki testified that Israel has subjected Palestinians to decades of discrimination, forcing them to choose between “displacement, subjugation or death.”
Representatives from over 50 countries, an unusually large number for the ICJ, participated in the hearings. Most supported the Palestinian stance, though some, including representatives from the United States, Britain, and Hungary, sided with Israel. A U.S. State Department official defended Israel’s policies towards Palestinians, citing “very real security needs.”
A significant aspect of the case was Israelâs settlement policy in the West Bank and East Jerusalem and the governmentâs tolerance of violent land acquisitions by Jewish settlers. Every Israeli government has supported some level of construction in these territories, but the current Netanyahu administration has expanded the program, announcing plans for thousands of new housing units. Since 1967, over 400,000 Israelis have settled in the West Bank.
