International Court of Justice Ruling on Israel’s Settlement Policy: Impact and Implications

2024-07-19 19:39:22

Published19. July 2024, 21:39

Violation of international law: What the ICJ decision means for Israel’s settlement policy

The report could further isolate Israel internationally. There is little chance, however, that will change in the country’s politics.

• The International Court of Justice in The Hague concludes that Israel’s settlement policy violates applicable international law.

• Among other things, the move of settlers to the West Bank and Jerusalem has been criticized.

• “From a legal point of view, Israel will probably become more isolated,” conflict researcher Erwin van Veen says of the decision.

That’s what happened

According to the International Court of Justice in The Hague, Israel’s settlement policy violates international law. “The transfer of settlers to the West Bank and Jerusalem and the maintenance of their presence by Israel violates Article 49 of the Fourth Geneva Convention,” the ICJ, which is made up of 15 members from around the world, said on Friday. The use of natural resources is also incompatible with Israel’s obligations under international law as an occupying power. IGH’s opinion is not binding.

This is what the ICJ requires

According to the ICJ, Israel’s continued presence in the occupied territories is also illegal and must end. Israel is abusing its status as an occupying power in the West Bank and East Jerusalem for a policy of annexing territory, continuing control and building settlements, the ICJ said. This act makes Israel’s presence there illegal. It should, therefore, be abolished as quickly as possible.

Israel has no right to sovereignty over the territories and is obstructing the Palestinian right to self-determination. He must immediately stop building settlements and dismantle existing settlements, according to the more than 80-page statement, read out by court president Nawaf Salam. Other countries are not allowed to support or assist Israel to maintain its presence in the territories.

This is how Israel responded

Israeli Prime Minister Benjamin Netanyahu wrote on the X short message service that the West Bank and East Jerusalem are part of the historical homeland of the Jewish people – a reference to biblical times. “Israeli settlements in all areas of our homeland” are legal. “The Jews are not conquerors in their own land – not in our eternal capital Jerusalem and not in the land of our ancestors in Judea and Samaria.” The latter is the historical name for the West Bank.

This is how the president of Palestine responded

The Palestinian president spoke on Friday of a “historic” decision and demanded that “Israel be forced to implement it.” It is Israel’s duty to “unconditionally end this illegal colonial act,” said the office of Palestinian President Mahmoud Abbas.

Potential international impact

The ICJ’s opinion is more likely to influence international opinion on Israel’s actions in the occupied territories than Israeli policy. Legally, Israel is likely to become more isolated, said conflict researcher Erwin van Veen of the Clingendael think tank in The Hague. This could lead to the recognition of the state of Palestine, which does not yet exist, by other countries such as Norway, Spain and Ireland. The report also strengthens groups that advocate boycott, divestment and sanctions against Israel. But Israel’s policy is unlikely to change.

Historical background

Israel captured the West Bank, East Jerusalem and the Gaza Strip in the 1967 Six Day War. It withdrew from the Gaza Strip in 2005, which annexes East Jerusalem and describes the West Bank as a disputed area whose future should be decided in negotiations. At the same time, however, Israel is settling citizens in East Jerusalem and the West Bank to consolidate its control over these areas. All three territories are generally considered occupied territories by the international community. The Palestinians claim their own independent state.

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(DPA/AFP/jar)