Palestine: The ICJ Opinion, Israeli Violations in Palestine

July 20, 2024

Justice For All welcomes the latest International Court of Justice’s (ICJ) Advisory Opinion regarding Israel’s illegal actions in Palestine. In its landmark ruling, the ICJ reaffirmed the illegality of Israel’s long-standing occupation, settlement expansion and annexation efforts in Palestine. The court demonstrated that Israel’s actions violate multiple international laws.  It concluded that Israel is impeding the Palestinian people’s right to self-determination.

Abdul Malik Mujahid, President, Justice For All, says that yesterday’s ruling “presents a critical opportunity for the United States to reassess its position and align with international law and human rights principles. In light of the ongoing atrocities in Gaza, it is imperative that the American government engage with ICJ proceedings and support global efforts to ensure accountability and justice for the Palestinian people.”  He urged all presidential candidates to “pledge their commitment to upholding international law by endorsing the World Court’s decision and advocating for universal human rights.”

The ICJ’s advisory opinion emphasizes several critical points demanding immediate diplomatic and policy action:

1. Israel’s continued presence in the Occupied Palestinian Territory is unlawful under international law.
2. All new settlement activities by Israel must cease and all settlers be evacuated from the Occupied Palestinian Territory.
3. Israel is obligated to make reparations for damages caused, including restitution for the destruction of property and resources, and compensation for suffering inflicted upon the Palestinian population.
4. All nations and international bodies, including the UN and the United States are obligated not to legitimize the illegal situation created by Israel’s activities, and to refrain from aiding or assisting in maintaining this unlawful state of affairs.

Israel’s activities specifically violate:

1. International Covenant on Civil and Political Rights (ICCPR): Article 2, paragraph 1, and Article 26, which mandate non-discrimination and equal protection under the law.
2. International Covenant on Economic, Social and Cultural Rights (ICESCR): Article 2, paragraph 2, which requires the elimination of all forms of discrimination in the enjoyment of economic, social and cultural rights.
3. International Convention on the Elimination of All Forms of Racial Discrimination (CERD): Article 2, which obligates states to condemn racial discrimination and undertake measures to eliminate it in all its forms.
4. Fourth Geneva Convention: Article 49, which prohibits the occupying power from transferring parts of its own civilian population into the territory it occupies; Article 43 and Articles 46, 52, and 55 of the Hague Regulations, which pertain to the protection of family rights, private property, and the proper administration of resources in occupied territories.

Numerous human rights groups have highlighted the United States’ failure to use its moral authority to hold the Israeli government accountable for its actions. The United States voted against the United Nations General Assembly (UNGA) resolution requesting the International Court of Justice’s (ICJ) decision on Israel’s occupation of Palestinian territories​ (Democracy Now!)​​ (RSIL)​. After the resolution passed, the U.S. requested the ICJ to decline to provide an opinion, a request that the court rejected​ (RSIL)​​ (Middle East Eye)​.

Top Israeli officials have called today’s ICJ opinion an “absurd ruling” and “theater.” Despite the ruling calling on Israel to cease its illegal activities, the Israeli Finance Minister has actually doubled down and called for annexing the rest of Palestine. Moreover, two days before the issuance of the decision, the Israeli Knesset overwhelmingly voted to reject Palestinian Statehood. Israel’s disregard for international law cannot be ignored by the United States any further.

Today’s ruling comes amidst an ongoing humanitarian crisis in Gaza. A letter published in the medical journal The Lancet suggests that the final death toll of Israel’s indiscriminate killing in Gaza since Oct 7, 2023, could eventually reach approximately 186,000. If the United States fails to participate in and support the ICJ’s advisory opinion, it risks further complicity in these atrocities. It will signal tolerance for illegal settlement activities, prolonged occupation and systemic discrimination against the Palestinian people. The United States must take a stand to uphold international law and human rights, ensuring accountability and justice for all.

Recommendations

Justice for All calls on the United States government to improve its position on the crisis in Palestine, which has thus far been disappointing. Further, the US government must:

1. Accept the ICJ’s latest conclusions on the illegality of Israel’s prolonged occupation and take concrete measures to stop Israel’s flagrant violations of international law.
2. Affirm in clear terms its unequivocal support for the latest ICJ advisory ruling.
3. Take concrete and decisive actions to prevent further illegal settlements in Palestine. This includes increased diplomatic pressure and economic measures against Israel. More sanctions should be imposed on Israeli individuals and entities involved in illegal settlement activities.
4. Officially recognize the State of Palestine, joining the 146 other countries that have already done so.
5. Support Palestinian self-determination and promote a just resolution to the crimes committed.
6. Not render any aid or assistance in maintaining the situation created by Israel’s illegal presence in the Occupied Palestinian Territory.

Additional Sources 

INTERNATIONAL COURT OF JUSTICE Press Release: Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem https://www.icj-cij.org/sites/default/files/case-related/186/186-20240719-pre-01-00-en.pdf

INTERNATIONAL COURT OF JUSTICE Summary: Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

Summary of the Advisory Opinion of 19 July 2024 https://www.icj-cij.org/sites/default/files/case-related/186/186-20240719-sum-01-00-en.pdf

Justice For All  is a UN-consultative nonprofit conducting evidence-based policy research and genocide prevention advocacy to UN and government officials.