International Court of Justice Rules Israel's Settlement Policy Violates International Law

In a landmark ruling, the International Court of Justice (ICJ) has declared that Israel's settlement policy in the occupied Palestinian territories breaches international law. The court's decision, delivered by a panel of 15 judges, emphasizes that the transfer of Israeli settlers to the West Bank and Jerusalem, along with the maintenance of their presence, contravenes Article 49 of the Fourth Geneva Convention.

The ICJ's ruling asserts that Israel must halt the construction of settlements immediately, deeming Israel's presence in the occupied Palestinian territories as unlawful. The court also highlighted that Israel's continued use of natural resources in these areas is inconsistent with its obligations under international law as an occupying power.

Israel did not send a legal team to the hearings. However, in written comments, Israel argued that the questions put to the court were biased and did not adequately address its security concerns. In response to the ruling, Israeli President Benjamin Netanyahu stated on social media platform X, "The Jewish people are not occupiers in their own land, including in our eternal capital Jerusalem nor in Judea and Samaria, our historical homeland. No absurd opinion in the Hague can deny this historical truth or the legal right of Israelis to live in their own communities in our ancestral home."

The case, which predates the current Israel-Hamas conflict, stems from a 2022 request by the UN General Assembly for the ICJ to examine the legal consequences of Israel's "prolonged occupation, settlement, and annexation" of Palestinian territories. Israel captured the West Bank, East Jerusalem, and the Gaza Strip during the Six-Day War in 1967, and all three areas are sought by Palestinians for an independent state.

While Israel considers the West Bank to be disputed territory, asserting that its future should be negotiated, it withdrew from Gaza in 2005 but has maintained control over the territory since Hamas took power in 2007. Israel's annexation of East Jerusalem is not internationally recognized, and many in the international community view all three areas as occupied territories.

This is not the first time the ICJ has ruled against Israeli policies. Two decades ago, the court found that Israel's West Bank separation barrier was "contrary to international law." Israel boycotted those proceedings, claiming they were politically motivated and defending the barrier as a security measure. Palestinians, however, argue that the barrier amounts to a land grab, as it frequently dips into the West Bank.

In his delivery of the nonbinding advisory opinion, ICJ President Nawaf Salam reiterated that Israel's policies and practices in the Palestinian territory amount to the annexation of large parts of these territories and systematic discrimination against Palestinians.

The ICJ's ruling adds to the ongoing international debate over Israel's settlement policies and their implications for the Israeli-Palestinian conflict. The call for an immediate cessation of settlement activities and the declaration of Israel's presence as illegal underscore the need for renewed efforts toward a peaceful resolution.