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Israel’s occupation of Palestinian territories unlawful, ICJ rules

Photo: International Court of Justice

The International Court of Justice (ICJ) says Israel’s continued occupation of the Palestinian territories is “unlawful” and should end “as rapidly as possible”.

Nawaf Salam, the ICJ president, delivered the ruling on Friday after the court examined the issue for a year and a half.

The investigation request was made by the United Nations General Assembly (UNGA).

The UNGA asked the court to give an advisory opinion on Israel’s policies and practices towards the Palestinians and on the legal status of the occupation.

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As part of the findings, Salam said, “Israel’s… continued presence in the Occupied Palestinian Territory is illegal.”

“The State of Israel is under the obligation to bring an end to its unlawful presence in the Occupied Palestinian Territory as rapidly as possible.”

Salam said the withdrawal from the Gaza Strip in 2005 did not bring Israel’s occupation of that area to an end because it still exercises effective control over it.

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The ICJ president said Israel must make reparations to Palestinians for damages caused by its occupation, adding that the UN Security Council, UNGA, and all states must not recognise Israel’s occupation as legal.

“The sustained abuse [by] Israel of its position as an occupying power through annexation and an assertion of permanent control over the occupied Palestinian territory and continued frustration of the right of the Palestinian people to self-determination violates fundamental principles of international law and renders Israel’s presence in the occupied Palestinian territory unlawful,” Salam said, reading the findings of the 15-judge panel.

The ICJ also said Israel is “not entitled to sovereignty” over any part of the occupied territories.

The UN court advised states to avoid any actions, including providing aid or assistance, that would maintain the current situation.

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Although the advisory opinion has no binding force, it carries significant weight and could increase pressure on Israel over its assault on Gaza.

Countries have also begun to recognise Palestine.

Benjamin Netanyahu, the Israeli prime minister, called the ruling a “decision of lies” that distorted the truth and asserted that “the Jewish people are not occupiers in their own land”.

Israel’s foreign ministry rejected the ruling as “fundamentally wrong” and “detached from reality”.

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