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Experts call ICJ ruling on Palestinian territory occupation 'historic'

  • By Al Mayadeen English
  • Source: News Websites
  • 30 Jul 2024 18:45
4 Min Read

The UN and independent human rights have urged "Israel" to comply with the ruling.

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  • The Judges enter the International Court of Justice in The Hague, Netherlands on July 19, 2024. (AP)
    The Judges enter the International Court of Justice in The Hague, Netherlands, on July 19, 2024. (AP)

UN and independent human rights experts hailed on Tuesday the International Court of Justice's (ICJ) advisory opinion, which labeled "Israel's" occupation of Palestine as "unlawful", and urged the occupation to comply with the verdict.

"The advisory opinion reaffirms peremptory norms prohibiting annexation, settlements, racial segregation and apartheid, and should be seen as declaratory in nature and binding on Israel and all States supporting the occupation," the report's authors stated.

Earlier, the president of the ICJ Nawaf Salam affirmed that "Israel's" practices and policies violate international law and that the court will examine the legal implications of "Israel's" unlawful presence in the occupied Palestinian territories.

The report further clarified that the Palestinian people, recognized under the Oslo Accords between "Israel" and the Palestine Liberation Organization, have the right to self-determination.

According to the experts, the court maintained a "principle that seemed unclear, even to the United Nations: Freedom from foreign military occupation, racial segregation and apartheid is absolutely non-negotiable." They welcomed the court's recognition that converting occupation into "annexation" -- as evidenced by actions such as demolishing homes, denying housing permits, and land grabs -- violates the jus cogens norm prohibiting the use of force to "annex" occupied territory.

"May this historic ruling begin the realization of the Palestinian people's fundamental right to self-determination, and peace premised on freedom for all," stated the panel of experts, warning of escalated strikes on Gaza's civilian population and natural resources after the advisory opinion.

Additionally, the experts maintained that "Israel must stop acting as if uniquely above the law."

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All states were also urged to "immediately" examine diplomatic, political, and financial ties with the occupation. They called for an arms embargo and the cessation of all commercial activities that could harm Palestinians, as well as an investigation and convictions of individuals who committed crimes in the occupied territories. 

Israeli experts say ICJ opinion bears grave repercussions for 'Israel'

Legal experts in international law have warned of significant political repercussions following the advisory opinion issued by the International Court of Justice (ICJ) to the United Nations General Assembly.

According to Israeli legal experts consulted by the Israeli daily Haaretz, the ICJ's advisory opinion could influence international relations and trade, particularly in the context of the occupation's security collaborations and arms dealings.

Tamar Megiddo, an international law expert from the Hebrew University of Jerusalem, highlighted that the court ruled against the recognition of the status quo in the occupied Palestinian territories and emphasized the responsibility of the UN General Assembly and the Security Council to find ways to end the Israeli presence in these areas.

Megiddo explained that countries being obliged not to assist in maintaining the status quo could pose challenges to the Israeli occupation's security cooperation. "The court's decision places a significant duty on nations and the United Nations to not support or sustain the existing conditions in the occupied territories," she said.

Shelly Aviv Yeini, an international law expert from the University of Haifa, pointed out the broader implications for the occupation's arms trade. "The advisory opinion will likely affect Israel's arms trade," she noted, referring to international agreements and laws that prohibit arms trade with parties violating human rights.

Yeini added that "Israel" already faces restrictions from various countries regarding arms trade, and the new opinion is expected to lead to further limitations.

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