The United Nations' top court declared Israel's continued presence in the Palestinian territories "illegal" and urged the country to immediately cease all new settlements, evacuate settlers, and issue reparations, in an advisory opinion released Friday.
In the decision, the International Court of Justice (ICJ) determined that Israel is obliged to end its presence as "rapidly as possible."
The ICJ's opinion, delivered by a panel of 15 judges from around the world, including one from the United States, lacks enforcement measures but is likely to impact international politics, especially with increased scrutiny on Israel's Prime Minister.
Benjamin Netanyahu responded immediately with a statement rejecting the court's findings.
"The Jewish people are not occupiers in their own land, including in our eternal capital Jerusalem nor in Judea and Samaria, our historical homeland. No absurd opinion in the Hague can deny this historical truth or the legal right of Israelis to live in their own communities in our ancestoral home," he wrote on social media platform X, formerly Twitter.
The court's decision comes amid a 10-month conflict between Israel and Hamas, which has killed over 34,000 Palestinians, displaced upward of 2 million, and flattened large swathes of Gaza, according to The Associated Press. Israel's continued military offensives are in response to Hamas' October 7, 2023, terror attack on Israel, in which around 250 hostages were taken and 1,200 people killed.
The court's ruling was prompted by a U.N. General Assembly vote in December 2022 requesting its opinion.
Israel's "Unlawful" Presence in the Palestinian territories
The court, with 11 votes in favor and 4 against, found 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."
It also determined that the "Israeli settlements in the West Bank and east Jerusalem, and the regime associated with them, have been established and are being maintained in violation of international law," rendering Israel's presence "illegal."
Cessation of New Settlements and Evacuation of Settlers
The court, in a near unanimous vote, 14 to 1, called for the immediate cessation of new settlement constructions and to "evacuate all settlers from the Occupied Palestinian Territory."
In a March report by the U.N. High Commissioner for Human Rights (OHCHR) it was noted that approximately 700,000 Israeli settlers lived in the West Bank as of September 2023 and "the size of existing Israeli settlements has expanded at the highest rate since monitoring began in 2017."
In relation to the report, OHCHR Chief, Volker Turk, said new settlements "fly in the face of international law" and "settler violence and settlement-related violations have reached shocking new levels, and risk eliminating any practical possibility of establishing a viable Palestinian State."
"This illegality relates to the entirety of the Palestinian territory occupied by Israel in 1967," the ICJ wrote, referencing the 1967 war.
Reparations
In a 14 to 1 vote, the ICJ decided that "Israel has the obligation to make reparation for the damage caused to all the natural or legal persons concerned in the Occupied Palestinian Territory."
It is unclear what reparations would look like, but the court said the term includes "restitution, compensation and/or satisfaction."
The document also noted "Israel's systematic failure to prevent or punish attacks by settlers against the life or bodily integrity of Palestinians, as well as Israel's excessive use of force against Palestinians," which are inconsistent with Articles of the Geneva Convention.
Legal Consequences for Other States
The top court wrote, "All States must cooperate with the United Nations to put into effect modalities required to ensure an end to Israel's illegal presence in the Occupied Palestinian Territory and the full realization of the right of the Palestinian people to self-determination."
As of May 2024, the 143 U.N. member countries voted in favor of a resolution to provide new "rights and privileges" to a Palestinian state and urge the Security Council to consider its admission to the U.N. Nine countries voted against the resolution, including the United States and Israel.
Friday's opinion also stated that member countries have an "obligation not to render aid or assistance in maintaining the situation created by Israel's illegal presence in the Occupied Palestinian Territory." The U.S. is a strong ally of Israel, providing hundreds of billions of dollars in military aid.
Israel has previously ignored and refuted rulings on the matter. The country faces another case in front of the court brought by South Africa, which alleges Israel committed genocide against Palestinians during this conflict. In May, the court ordered Israel to halt it's Rafah offensive. Israel has denied the allegation.
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