HRN Calls on States to Support the ICJ Ruling that Israel’s Occupation of Palestinian Territory and Apartheid Policies are Illegal and Must Cease
HRN reaffirms the great significance of the International Court of Justice’s (ICJ) July 19 ruling that Israel’s occupation of the Gaza Strip and West Bank, including East Jerusalem, is illegal and must cease “as rapidly as possible”, and we request that all states respect and comply with its finding that member states have an obligation to not “render aid or assistance” to Israel’s occupation of the Occupied Palestinian Territory (OPT). While the Advisory Opinion is non-binding, it is an authoritative statement of the international obligations of Israel and other states by the ICJ regarding Israel’s illegal occupation and discriminatory activities on Palestinian territory.
The ICJ’s ruling found that Israel’s actions, including its support of settlement construction in the West Bank and East Jerusalem, the construction of a separation wall inside the OPT, which the ICJ had previously found illegal in a 2004 ruling, and measures designed to change the legal status of East Jerusalem and other parts of the territory, demonstrate a clear intention to maintain permanent control over the OPT amounting to illegal annexation. The ICJ also found that Israel’s policies discriminating against and giving unequal treatment to Palestinians in the OPT constitute systematic discrimination under international human rights law treaties, including violating Article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination, which “condemn[s] racial segregation and apartheid” and requires states “to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction.” In total, the ICJ held that Israel’s unlawful acts constitute a violation of the Palestinian people’s right to self-determination.
The ICJ’s ruling states that Israel must immediately refrain from new settlement construction, evacuate all of its settlers from the OPT, and pay reparations to affected Palestinians for damages caused over Israel’s 57 yearlong occupation. It further notes that all states have an obligation to refrain from any support for Israeli actions designed to maintain permanent control over the OPT, which may include settlement construction, settlement-linked business in the territory, Israeli infrastructure construction and maintenance for settlers, discriminatory policies against Palestinian land holding, segregation of Palestinians, and impunity for settler violence and crimes against Palestinians.
HRN welcomes the actions taken by some states toward implementation of the ICJ’s ruling, including Japan’s asset-freeze sanctions on Israeli settlers for violence against Palestinians in the West Bank and the UK government’s recent announcement that it will suspend issuing export licenses for arms sales to Israel. However, more must be done to rapidly end Israel’s illegal occupation itself, not just its worst manifestations. Such measures should include effective sanctions against Israeli officials and companies that support the occupation, recognition of the State of Palestine, supporting the suspension of Israel from the UN General Assembly, and other effective measures. We call on all states to take such measures and on businesses to end any business links that may support Israel’s illegal occupation.
The ICJ ruling comes at the same time that the Israel Defense Forces (IDF) continue to relentlessly bombard and attack civilians in Gaza, to a degree sufficient to warrant two orders by the ICJ ordering Israel to refrain from acts under the Genocide Convention. The IDF attacks have killed almost 40,000 Palestinians, including about 15,000 children, and partially or fully destroyed over 360,000 buildings, about 50% of all structure, including at least 305 schools and universities, 32 hospitals, 290 mosques, and 168 public buildings, and there is evidence that Israeli officials have intentionally withheld aid, destroyed infrastructure including water and electricity services, and impeded civilian movement to safe zones to target Palestinian civilians. HRN further calls on states to take effective measures to help end the war and ensure accountability for its violations, including supporting a weapons embargo against Israel and supporting efforts by the ICC and any other independent and effective legal mechanism to hold Israeli officials and military personnel responsible for violations accountable.