On Friday, the UN International Court of Justice (ICJ) declared that Israel’s continued presence in the Occupied Palestinian Territory is “unlawful” and that “all States are under an obligation not to recognize” the long-standing occupation.
Responding to a request from the General Assembly for an advisory opinion on the legal consequences of Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem, the ICJ provided its legal opinion. Unlike binding judgments in disputes between States, advisory opinions are non-binding but can influence international policies and exert moral pressure, potentially leading to measures such as sanctions.
The ICJ concluded that Israel must end its unlawful presence “as rapidly as possible” and immediately cease all new settlement activities and evacuate all settlers from the Occupied Palestinian Territory. The Court also called for reparations for damages caused to affected individuals and entities.
Furthermore, the ICJ stated that all States must not recognize the legality of Israel’s occupation and must refrain from aiding or assisting in maintaining the situation. International organizations, including the UN, are similarly obligated not to recognize Israel’s presence as lawful.
The ICJ emphasized that the UN General Assembly and Security Council should determine the necessary steps to swiftly end Israel’s unlawful presence. Following the advisory opinion, UN Secretary-General António Guterres urged the parties to re-engage in political dialogue to resolve the conflict in accordance with international law, UN resolutions, and bilateral agreements. Guterres reiterated the vision of a two-State solution with Israel and a fully independent Palestinian State coexisting peacefully within secure borders, based on pre-1967 lines, with Jerusalem as the capital of both States.
The ICJ’s opinion will be transmitted to the General Assembly, which will decide on the next steps. Israel’s Foreign Ministry rejected the ICJ’s opinion, calling it “fundamentally wrong” and “blatantly one-sided,” and reiterated that a political settlement can only be achieved through direct negotiations.
The General Assembly had requested the ICJ’s opinion in a December 2022 resolution, seeking clarity on the legal consequences of Israel’s occupation, settlement, and annexation of territories since 1967, as well as the discriminatory measures affecting Jerusalem’s demographic composition and status.
