OHCHR / July 22, 2024
GENEVA – The UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel welcomes the historic advisory opinion issued Friday by the International Court of Justice (ICJ) stating that the Israeli occupation of Palestinian territory is now illegal under international law.
“The Court was clear and unambiguous, and the advisory opinion entails international legal obligations not only for Israel, but for the UN and all States,” said Navi Pillay, the Chair of the Commission. “The maintenance and promotion of the international rules-based order will depend on compliance with this advisory opinion.”
In September 2022, in its report to the General Assembly (A/77/328), the Commission concluded that the Israeli occupation of the Palestinian territory was unlawful under international law owing to its permanence and to actions undertaking by Israel to annex parts of the land de facto and de jure. The Commission stated that the permanent occupation and annexation by Israel could not remain unaddressed.
The Commission recommended that the General Assembly request an advisory opinion from the ICJ on the legal consequences of the prolonged occupation of the Occupied Palestinian Territory, including East Jerusalem, and on the obligations of third States and UN.
The Commission welcomed the General Assembly’s referral to the ICJ a few weeks later for an advisory opinion, and issued a detailed position paper on the subject in September 2023.
In its advisory opinion on Friday, the ICJ – the highest court in the UN system – authoritatively set forth the law of occupation and the duties and obligations of an occupying power. The Court reiterated the prohibition of the acquisition of territory by the use of force, and the inalienable right of a people to self-determination. It then applied that law to the situation of Israel’s occupation of the Palestinian territory since 1967.
Israel’s policies and practices of establishing settlements and annexing territory, resulting in the forcible transfer of Palestinians from their lands, confiscation of Palestinian land and property, exploitation of natural resources and discriminatory legal regimes in occupied territory are all in violation of international law, including humanitarian law and human rights law.
The Court stated 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.”
To assist the General Assembly and the Security Council in determining appropriate modalities and actions, the Commission will report on the implications of this advisory opinion for the responsibility the State of Israel, the State of Palestine, third States, and where appropriate business entities, and the UN.
Background: The UN Human Rights Council mandated the Commission on 27 May 2021 to “investigate, in the Occupied Palestinian Territory, including East Jerusalem, and in Israel, all alleged violations of international humanitarian law and all alleged violations and abuses of international human rights law leading up to and since 13 April 2021.” Resolution A/HRC/RES/S-30/1 further requested the commission of inquiry to “investigate all underlying root causes of recurrent tensions, instability and protraction of conflict, including systematic discrimination and repression based on national, ethnic, racial or religious identity.” The Commission of Inquiry was mandated to report to the Human Rights Council and the General Assembly annually commencing from June 2022 and September 2022, respectively.
