The recent ruling by the ICJ, which declared that the presence of Israelis in Palestinian territories constitutes occupation and is illegal, underscores the necessity of ending an injustice that has persisted for the last three-quarters of a century. The court directs that the occupation must cease as soon as possible. Israel must halt settlements and withdraw from Palestinian territories. A per the court, the policies and actions Israel enforces in the occupied Palestinian territories violate international laws against racial discrimination and apartheid.
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The court ruling implies that action must be taken to end this illegal occupation. The court directs that decades of brutality and human rights violations, including immigration and annexation of Palestinian land to Israel, should cease. The ruling is not related to the ongoing genocide in Gaza which originates from an ongoing dispute from South Africa regarding genocide and is pending before the Court . The current ruling is a response to another legal issue that the UN General Assembly referred to the ICJ in 2022. The World Court has given a firm answer to the question of whether Israel’s intervention in Palestine is an occupation or illegal through a detailed judgment. Israel has been negating Palestine's right to self-determination through settlements and discriminatory policies since 1967. The Court also ruled that Israel is obligated to compensate Palestine for damages caused by immigration and illegal acts.
In legal terms, member States are not bound to comply with this judgment of the Court; it is advisory in nature under the UN Charter. At the same time, the world's largest court provides a decisive final decision on the legal status of Israel and Palestine. It also highlights that the stances of Israel and its powerful supporters are against international law. Israel's efforts to expand its invasion and displacement aim to eradicate Palestine. The Court ruling exposes this abolitionist movement.
Secondly, the ruling asserts that, legally, all Palestinian territories are a single entity, including the West Bank, East Jerusalem, and Gaza. Even if the Court does not explicitly state it, the ruling as a corollary implies that the relocation of the US embassy from Tel Aviv to Jerusalem is a violation of the law. Thirdly, the Court clarifies that any resistance by occupied people against an occupying force, including armed struggle, is legitimate according to international law. Thus, Palestinian resistance actions so far are justified, and Israeli repression against them is unlawful.
Fourthly, in finding that the beginnings of the occupation and apartheid policies go back decades, the Court in effect sounds another irony: that the problem did not start on October 7, and Palestinians are not the root cause of this unrest. Israeli actions post-October 7 are not considered in this ruling. At the same time, Israel continues to violate even the provisional ruling in that case moved by South Africa. The Gaza genocide continues. Now the country is brazenly defying court rulings on the occupation—not stopping immigration, but escalating it. In this situation, if international law is to prevail, other countries need to step in with immediate action. The Court emphasized that the nations of the world have an obligation not to recognize Israel's illegal occupation. Nothing should be done in favor of the occupation.
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The final decision on the court ruling rests with the UN General Assembly. But already, a situation has emerged in which the countries that support Israel have got isolated. And the number of countries giving formal recognition to Palestine is increasing. Even in countries that do not openly oppose Israel's actions, there are massive public protests against the regimes' indifference. Except for a few leaders of governments, the people of the world have taken a strong stand on the side of oppressed Palestine and against Israeli atrocities. In this situation, with the World Court clarifying the legal position, the date is set for Israel's final defeat. The UN General Assembly should cancel or freeze the UN membership of the Zionist state, which defies the conscience of the people of the world. The countries of the world should take a stand for humanity and justice.