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The UN’s top court, the International Court of Justice (ICJ), is poised to issue a landmark opinion on the legal consequences of Israel’s occupation of Palestinian territories. The court, based in The Hague, Netherlands, has been examining the issue since early last year at the request of the UN General Assembly.
The ICJ was asked to evaluate Israel’s policies and practices toward the Palestinians and determine the legal status of the occupation. Depending on the court’s findings, this could be the first time the ICJ has formally addressed the legality of the 57-year occupation.
Although the court’s advisory opinion is not legally binding, it is expected to carry significant political weight. Israel occupied the West Bank, East Jerusalem, and the Gaza Strip during the 1967 Middle East war. Despite withdrawing troops and settlers from Gaza in 2005, Israel maintains control over Gaza’s airspace, shared border, and shoreline. The UN continues to consider Gaza part of the occupied territories.
Israel’s actions in the West Bank, East Jerusalem, and Gaza are governed by international laws designed to protect occupied civilian populations. However, Israel has dismissed the legitimacy of the ICJ’s discussion, calling it part of a Palestinian attempt to dictate political settlement outcomes without negotiations. Israel submitted a written statement but did not participate in oral hearings.
The majority of the 52 countries that presented opinions to the ICJ asserted that the occupation was illegal, urging the court to declare it as such. The US, Israel’s closest ally, cautioned the court against issuing an opinion that demands Israel’s unilateral, immediate, and unconditional withdrawal without considering Israel’s security needs.
The Palestinian Authority’s foreign minister argued that the Israeli occupation aims to achieve the complete disappearance of Palestine and the destruction of the Palestinian people. Philippe Sands, an international lawyer and member of the Palestinian legal team, highlighted the significance of this ICJ case for future legal outcomes and solutions.
If the ICJ issues an advisory opinion, it will be forwarded to the UN General Assembly, which will decide how to respond. A UN resolution could potentially catalyse negotiations and set legal parameters for a future settlement. A ruling declaring the occupation illegal would compel UN bodies and nations to avoid supporting the current situation, potentially affecting trade and challenging Israel’s justification for its presence in the West Bank and East Jerusalem.
Israel claims sovereignty over all of Jerusalem, considering it its indivisible capital—a claim not widely accepted by the international community. It has also established about 160 settlements in the West Bank and East Jerusalem, housing approximately 700,000 Jews. These settlements are considered illegal under international law, though Israel disputes this.
The ICJ case being heard on Friday is separate from another active case brought by South Africa, accusing Israel of committing genocide against Palestinians during the Gaza war.
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