International Court of Justice
on Israeli Practices in the “Occupied Territory”

On February 9, 2024, the International Court of Justic (ICJ) announced it would hold public hearings “on the request for an advisory opinion in respect of the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem,” from February 19 to February 26 in The Hague. The Court was asked to present an advisory opinion by the 2022 General Assembly Resolution 77/247. The U.S. opposed the court issuing an opinion on the “occupation,” calling it “counterproductive.”

Israel said that the hearings infringe on “Israel’s right to defend itself against existential threats” and that it does not recognize the legitimacy of the hearings and will not attend.

Palestinian Foreign Minister Riyadh al-Maliki said his people “have endured both colonialism and apartheid” for decades.

South Africa’s ambassador to the Netherlands, Vusimuzi Madonsela, accused Israel of perpetuating a “more extreme form” of apartheid than the one that once existed in his country. He said during South Africa’s presentation to the court that Israel “discriminates against and fragments all Palestinian people to ensure the maintenance of Israeli Jewish domination.”

The United States representative spoke against the accusations lodged against Israel, saying that calls for Israel to withdraw from Palestinian territory ignored “very real security needs.”

After giving its opinion, the General Assembly will be responsible for deciding what, if any, action to take.

On July 19, 2024, the ICJ issued its advisory opinion. The opinion proclaimed that Israel’s continued presence in the West Bank and east Jerusalem is unlawful. It asserted that Israel has an obligation to end its presence in these territories as soon as possible, including immediately ceasing all new settlement activities and evacuating settlers. The ICJ clarified that its definition of “Occupied Palestinian Territory” includes Gaza, the West Bank, and east Jerusalem, despite Israel disengaging from Gaza and evacuating all its settlements in the strip in 2005.

Although the opinion is non-binding, it could potentially be used as the basis for global action against Israel at the International Criminal Court (ICC), the United Nations, or other governmental entities. The opinion also opens the door to the possibility of apartheid charges against Israel in the future, strengthens divestment calls against the Jewish state, and could incentivize Israel's allies to alter their existing or future bilateral agreements with Israel due to concerns about violating international law. Of particular concern are Israel’s trade relations with its allies.

In response to the advisory opinion, Israeli Prime Minister Benjamin Netanyahu asserted that the Jewish people are not occupiers in their own land, including in their capital, Jerusalem, nor in Judea and Samaria (i.e. the West Bank), their historical homeland. He emphasized that no opinion from The Hague can deny this historical truth or the legal right of Israelis to live in their ancestral home. Israeli President Isaac Herzog rejected outright the “one-sided and ill-judged” advisory opinion, stating that the advisory opinion undermines the entire notion of the process of negotiations between Israel and the Palestinians, and blatantly ignores the Jewish people’s historic connection to Israel and Jerusalem. Israeli Foreign Minister Israel Katz echoed similar sentiments, stating that the advisory opinion is fundamentally flawed, one-sided, and incorrect. Katz stressed that it disregards the historical rights of the Jewish people in Israel, is detached from current security threats and realities, and is dangerous for the future by encouraging extremism and defamation. Katz stated that Israel maintains its commitment to international law and will continue to protect its citizens accordingly. 

Sources: “Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem,” Press Release, International Court of Justice, (February 9, 2024).
Kelsey Ables and Niha Masih, “ICJ hearings on Israel’s occupation: What to know,” Washington Post, (February 21, 2024).
“Legal Consequences Arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem,” International Court of Justice, (July 19, 2024).
Tovah Lazaroff, “ICJ: Settlements in West Bank, east Jerusalem are illegal,” Jerusalem Post, (July 19, 2024).
Itamar Eichner, “Netanyahu rejects ICJ opinion: A perversion of history,” Ynetnews, (July 19, 2024).
“Israeli leaders slam ICJ's call for end to 'illegal' activities in Palestinian territories,” Jerusalem Post, (July 19, 2024).