by Sang-Min Kim and Audrey Balliette
July 22, 2024
Israel must end “as rapidly as possible” its unlawful occupation of Palestinian territory (including the Gaza Strip), the International Court of Justice (ICJ) pronounced in a landmark advisory opinion issued on Friday, July 19.
The Court’s panel of judges ruled overwhelmingly against Israel’s actions and policies in the Occupied Palestinian Territory (OPT), which include the West Bank, East Jerusalem, and the Gaza Strip.
By eleven votes to four, the Court held: (1) Israel’s continued presence in the OPT is unlawful; and (2) Israel is under an obligation to end its unlawful occupation “as rapidly as possible.”
By fourteen votes to one, the Court held further that: (1) Israel is under an obligation to cease immediately all new settlement activities, and to evacuate all settlers from OPT; and (2) Israel has an obligation to make reparations for the damage caused to all natural or legal persons concerned in the OPT.
By twelve votes to three, the Court held additionally that: (1) all States have the obligation not to recognize as legal Israel’s presence in the OPT and not to render aid or assistance in maintaining the situation created by the continued presence of Israel in the OPT; and (2) international organizations, including the United Nations, and particularly the General Assembly and the Security Council, should consider the precise modalities and act toward bringing an end “as rapidly as possible” to the unlawful presence of Israel in the OPT.
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