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Historic ICJ advisory opinion regarding Israel’s occupation of Palestinian territory

Matrixlaw.co.uk

Following a request by the United Nations General Assembly, the International Court of Justice (ICJ) has today delivered an historic advisory opinion concerning the legality of Israel’s policies and practices in the Occupied Palestinian Territory.  In a wide-ranging and detailed judgment, the ICJ has found that Israel’s occupation of Palestinian territory violates multiple norms of international law, including the prohibition of acquisition of territory by force, the prohibition against systematic racial, religious and ethnic discrimination, and the right to self-determination of the Palestinian people.  The advisory opinion finds that Israel has unlawfully annexed large parts of the Occupied Palestinian Territory; has violated the prohibition of forcible transfers of the protected population; and has violated the right to life of Palestinians in the occupied territory.

The Court concludes that Israel’s continued presence in the Occupied Palestinian Territory is unlawful and that Israel is under an obligation to bring its unlawful presence in the occupied territory to an end as rapidly as possible.  It also finds that Israel is obliged to cease all new settlement activities in the occupied territory, to evacuate all settlers from that territory, to allow all displaced Palestinians to return to their original places of residence, and to make full reparation for the harm caused to natural and legal persons by its unlawful presence in the Occupied Palestinian Territory.

In addition, the Court concludes that all States, international  organisations and the United Nations are under a duty not to recognise as legal the situation arising from Israel’s unlawful presence in the Occupied Palestinian Territory and that all States are required to refrain from providing any aid or assistance in maintaining the situation created by Israel’s unlawful presence in that territory. Finally, the Court concludes that “the United Nations, especially the General Assembly, which requested this opinion, and the Security Council, should consider the precise modalities and further action required to bring to an end as rapidly as possible the unlawful presence of the State of Israel in the Occupied Palestinian Territory.”

Edward Craven represented the State of Palestine and the Co-Operative Republic of Guyana throughout the advisory opinion proceedings. (Edward’s oral submissions at the hearing before the ICJ can be viewed here (starting at 1:31:45).)

The Court’s advisory opinion is available here. A summary of the Court’s opinion is available here.

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