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STORY: ICJ / OPT ISRAELI PRACTICES
TRT: 05:53
SOURCE: ICJ
RESTRICTIONS: NONE
LANGUAGES: ENGLISH / NATS
DATELINE: 19 JULY 2024, THE HAGUE, NETHERLANDS
1. Various shots, court room
3. SOUNDBITE (English) Judge Nawaf Salam, President, International Court of Justice (ICJ):
“The Court, (1) Unanimously, finds that it has jurisdiction to give the advisory opinion requested; (2) By fourteen votes to one, decides to comply with the request for an advisory opinion;
IN FAVOUR: President Salam; Judges Tomka, Abraham, Yusuf, Xue, Bhandari, Iwasawa,Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST: Vice-President Sebutinde;
(3) By eleven votes to four, is of the opinion that the State of Israel’s continued presence in the Occupied Palestinian territory is unlawful;
IN FAVOUR: President Salam; Judges Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Tladi;
AGAINST: Vice-President Sebutinde; Judges Tomka, Abraham, Aurescu;
(4) By eleven votes to four, is of the opinion that the State of Israel is under an obligation to bring to an end its unlawful presence in the Occupied Palestinian Territory as rapidly as possible;
IN FAVOUR: President Salam; Judges Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Tladi;
AGAINST: Vice-President Sebutinde; Judges Tomka, Abraham, Aurescu;
(5) By fourteen votes to one, is of the opinion that the State of Israel is under an obligation to cease immediately all new settlement activities, and to evacuate all settlers from the occupied Palestinian territory;
IN FAVOUR: President Salam; Judges Tomka, Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST: Vice-President Sebutinde;
(6) By fourteen votes to one, is of the opinion that the State of Israel has the obligation to make reparation for the damage caused to all the natural or legal persons concerned in the occupied Palestinian territory;
IN FAVOUR: President Salam; Judges Tomka, Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST: Vice-President Sebutinde;
(7) By twelve votes to three, is of the opinion that all States are under an obligation not to recognize as legal the situation arising from the unlawful presence of the State of Israel in the Occupied Palestinian Territory and not to render aid or assistance in maintaining the situation created by the continued presence of the State of Israel in the Occupied Palestinian Territory;
IN FAVOUR: President Salam; Judges Tomka, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Tladi;
AGAINST: Vice-President Sebutinde; Judges Abraham, Aurescu;
(8) By twelve votes to three, is of the opinion that international organizations, including the United Nations, are under an obligation not to recognize as legal the situation arising from the unlawful presence of the State of Israel in the occupied Palestinian territory;
IN FAVOUR: President Salam; Judges Tomka, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Tladi;
AGAINST: Vice-President Sebutinde; Judges Abraham, Aurescu;
(9) By twelve votes to three, is of the opinion that the United Nations, and especially the General Assembly, which requested this opinion, and the Security Council, should consider the precise modalities and further action required to bring to an end as rapidly as possible the unlawful presence of the State of Israel in the occupied Palestinian territory.
IN FAVOUR: President Salam; Judges Tomka, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Tladi;
AGAINST: Vice-President Sebutinde; Judges Abraham, Aurescu.
3. Various shots, court room
The International Court of Justice (ICJ) today (19 Jul) declared that Israel’s continued presence in the Occupied Palestinian Territory “is unlawful”, and that “all States are under an obligation not to recognize” the decades-long occupation.
The Court was responding to a request for an advisory opinion by the General Assembly on the legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.
The advisory from the ICJ is a legal opinion provided by the Court on questions of international law.
Unlike judgments in contentious cases between States, advisory opinions are non-binding and are sought by United Nations bodies such as the General Assembly or the Security Council.
While not legally binding, advisory opinions can shape international policies, increase moral pressure, and unilateral measures adopted by individual States such as sanctions.
In its advisory opinion, the ICJ concluded that Israel’s continued presence in the Occupied Palestinian Territory is unlawful and that it is under an obligation to bring to an end its unlawful presence “as rapidly as possible.”
Israel is also “under an obligation to cease immediately all new settlement activities and to evacuate all settlers from the Occupied Palestinian Territory,” the opinion continued, as well as “reparation for the damage caused to all natural or legal persons concerned.”
It further stated that “all States are under an obligation not to recognize as legal the situation arising from the unlawful presence” of Israel.
States are also under the obligation to “not to render aid or assistance in maintaining the situation created by the continued presence of the State of Israel in the Occupied Palestinian Territory.”
For international organizations, including the UN, the Court noted the “obligation not to recognize as legal the situation arising from the unlawful presence” of Israel.
The ICJ further noted that UN, and especially the General Assembly and the Security Council, “should consider the precise modalities and further action required to bring to an end as rapidly as possible the unlawful presence of the State of Israel in the Occupied Palestinian Territory.”
