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By Faizel Patel

Senior Digital Journalist


WATCH: ICJ rules Israeli occupation of Palestinian territories ‘violates international law’

The ICJ said Israel must make reparations for damages caused by its occupation and must end settlement construction immediately.


The International Criminal Court of Justice (ICJ) has ruled that Israel’s actions in East Jerusalem and the West Bank amount to “annexation” and violate the prohibition on the acquisition of territory by force.

The United Nations (UN) highest court on Friday delivered its opinion on the legality of Israel’s 57-year occupation of Palestinian territories.  

While the findings by judges at the ICJ are not binding and unlikely to have an effect on Israel’s policies, the ruling does carry weight under international law.

Watch: ICJ President Nawaf Salam delivers opinion on Israel

Israel ‘violating international law’

Reading the findings of a 15-judge panel, ICJ President Nawaf Salam said Israel is violating International law with its settlements.

Salam said all the arguments that were brought forward by 52 states and international organisations during the hearings were valid.

“It’s of the opinion that the state of Israel’s continued presence in the occupied territory is unlawful… Israeli settlements in the West Bank and East Jerusalem, and the regime associated with them, have been established and are being maintained in violation of international law.”

ALSO READ: ICJ agrees with SA and orders Israel to ensure more aid reaches Gaza

‘Differentiation of treatment’  

Salam said the court concluded that from the evidence presented to it and the basis of its analysis, an array of legislation and measures taken by Israel, in its capacity as an occupying power, “treat Palestinians differently on grounds specified by international law”.

“The court knows that this differentiation of treatment cannot be justified with reference to reasonable and objective criteria, nor to illegitimate public aim.

“Accordingly, the court is of the view that the regime of comprehensive restrictions imposed by Israel on Palestinians in the occupied Palestinian territory constitutes systematic discrimination based on inter alia race, religion or ethnic origin,” Salam said.

The ICJ said Israel must make reparations for damages caused by its occupation and must end settlement construction immediately.

The UN General Assembly had asked the court in January last year to deliver an opinion on Israeli “policies and practices” toward Palestinians and on the legal status of the occupation of Palestinian territories, including the West Bank, East Jerusalem and Gaza.

Netanyahu responds

Israeli Prime Minister Benjamin Netanyahu on Friday dismissed the ICJ’s decision as false.

“The Jewish people are not occupiers in their own land,” referring to Jerusalem and the West Bank.

“No decision of lies in The Hague will distort this historical truth, and similarly, the legality of Israeli settlements in all parts of our homeland cannot be disputed.”

Meanwhile, according to the Palestinian Health Authority, at least 38 848 people have been killed and 89 459 wounded in Israel’s war on Gaza.

The death toll in Israel from Hamas-led attacks on 7 October 2023 is estimated at 1 139 with dozens of Israelis still held captive in Gaza.

ALSO READ: Deadly strikes pound Gaza as Israel PM vows to ramp up pressure

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