Israeli experts say ICJ opinion bears grave repercussions for 'Israel'
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Israeli international law experts underline that the ICJ opinion delivered on the Israeli occupation has massive political repercussions for the Israeli occupation.
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Palestinian Foreign Policy Advisor Riad al-Maliki speaks to the media at the International Court of Justice, or World Court, in The Hague, Netherlands, July 19, 2024. (AP)
Legal experts in international law have warned of significant political repercussions following an advisory opinion issued by the International Court of Justice (ICJ) to the United Nations General Assembly.
The opinion, which declares the Israeli occupation of al-Quds and the West Bank illegal, has prompted concerns about potential impacts on security cooperation and arms exports to "Israel".
According to Israeli legal experts consulted by the Israeli daily Haaretz on Saturday, 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.
De facto annexation of Palestinian land
The ICJ's ruling stated that the occupation of al-Quds and the West Bank has resulted in settlement policies that breach international law.
The court emphasized that the occupation of Palestinian territories that began in 1967 amounts to de facto annexation, and the occupation's settlement activities violate international regulations.
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 ICJ chief Nawaf Salam, the court's advisory opinion is based on the premise that the Palestinian territories are occupied lands and the occupied Palestinian territories in Gaza, the West Bank, and al-Quds represent contiguous and sovereign lands that must be respected.
According to Salam, the ICJ's advisory opinion is based on the premise that the Palestinian territories are occupied lands and the occupied Palestinian territories in Gaza, the West Bank, and al-Quds represent contiguous and sovereign lands that must be respected.
'Israel' violating international law
The ICJ also considered that "Israel" exercised its authority as an occupying power, contrary to international law, affirming that the prolonged occupation of Palestinian territories does not change their legal status.
Regarding the current war against Palestine's Gaza Strip, the ICJ president indicated that the current advisory opinion does not include the war that erupted in Gaza in October 2023.
Salam confirmed that the court considers Gaza part of the territories occupied by "Israel" in 1967, noting that "Israel" has retained its authority over the Strip, particularly monitoring its air, sea, and land borders.
In this context, Salam stated that the ICJ sees "Israel" treating East al-Quds as part of its territory and that "Israel" applied its laws there after 1967, stressing that the Israeli occupation is obliged to end its presence in the occupied Palestinian territories as soon as possible.
The ICJ president discussed the expansion of settlements in the West Bank, explaining that the transfer of Israeli settlers into the West Bank or East al-Quds contradicts Article 49 of the Geneva Convention and that "Israel’s" confiscation of Palestinian lands and granting them to settlers is neither temporary nor in compliance with the Geneva Convention.
