What the top UN court’s ruling means for Israel
The 15 judges of the International Court of Justice (ICJ), the highest judicial organ of the United Nations, have issued what everyone agrees is a landmark finding. “Legal Consequences Arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem,” is, in essence, a devastating condemnation of Israel’s policies and crimes in the territories which it conquered more than half a century ago, as a consequence of the Six Day War of 1967, which it still holds today.
The ICJ finding also, inevitably, means (whether the judges intend it or not) that not only Israel’s policy in these specific territories, but the Zionist project as such, is based on the irreparable injustice of violently depriving the Palestinians of their inalienable right to national self-determination. Make no mistake, this is not “merely” a blow to the crimes of Israeli occupation and annexation; it calls into question the foundations of Israel as a state, as it is built around the systematic defiance of justice, law, and elementary ethics.
One feature enhancing the impact of the ICJ finding is its comprehensiveness. The 80-page document is the outcome of a long and thorough process that started in late 2022, when the General Assembly of the UN requested what is known as an “advisory opinion.” Detailed and closely argued, the findings are based, among other things, on the combined expertise of some of the best jurists in the world and hearings that involved almost 60 states. (Israel, clearly aware that its position was less than promising and generally contemptuous of international law, shunned the opportunity to state its case, which adds to the absurdity of its current rage over the result.)
However, while similarly meticulous legal assessments tend to generate complicated outcomes, that is not the case here. As has been widely acknowledged, the findings are devastating for Israel and, at least in legal terms, a clear triumph for the Palestinians and Palestine. In the words of Erika Guevara Rosas, senior director for research, advocacy, policy, and campaigns at Amnesty International, the ICJ’s “conclusion is loud and clear.”
The ICJ has recognized without qualifications that Israel’s holding of territories it seized during the Six Day War – including East Jerusalem (which Israel has officially though unlawfully annexed) and the West Bank (which it pretends to “occupy” but is, in reality, annexing) is illegal and needs to end asap.
In particular, the ICJ made it clear that all settlement must cease and that the settlers already on these territories must leave. That decision alone means that between 700,000 and 750,000 Israeli illegals (here, that term is, for once, exactly correct) should not be where they are. Not only do all of them have to leave the over 100........
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