10 ay önce

‘Happy’ with ICJ ruling: UN’s top court still seen as toothless body

The ICJ’s landmark ruling declares Israel as an occupying force, a usurper of Palestinian land and property, prompting mixed reactions from activists outside the ICJ in the Hague.

AFP

The court found that Israel's use of natural resources was “inconsistent” with its obligations under international law as an occupying power. Photo: AFP

Ahead of the landmark announcement of a non-binding advisory opinion on Israel’s settlement policy in the occupied territories of Palestine, human rights activists gathered on Friday outside the International Court of Justice (ICJ) in big numbers.

Speaking to TRT World, young activist Bisan said she hoped the top UN court would “cancel” the occupation of Palestinian territories of East Jerusalem, West Bank and Gaza.

“I am just hoping it’s something beneficial for my country. I am Palestinian. I only hope for the best,” she says.

Hours later, the ICJ declared Israel’s settlement policy in the West Bank and East Jerusalem violates international law. The opinion of the 15-member panel of judges from around the world dealt a blow to the claim of legality by Israel over its 57-year occupation of lands sought for a Palestinian state—a ruling that could have more effect on international opinion than it will on Israeli policies.

Bisan says she expects the ICJ to bring the longstanding issue of settlements to an end through a “mutual agreement” that helps protect the rights of the Palestinians.

“I hope [the judgement] brings tranquillity to all,” she says, noting that the Israeli occupation of Palestinian territories should be brought to a swift end.

"I think Palestine should be free,” she said.

The ICJ panel of judges found that “the transfer by Israel of settlers to the West Bank and Jerusalem as well as Israel’s maintenance of their presence, is contrary to Article 49 of the Fourth Geneva Convention.”

The court also noted with “grave concern” that Israel’s settlement policy has been expanding.

The court found that Israel’s use of natural resources was “inconsistent” with its obligations under international law as an occupying power.

Another activist, Nadia Slimi, told TRT World she was “very happy” with the ICJ’s opinion, even though she doesn’t expect any “direct action”.

“In the past few months, I have seen that the ICJ is simply a façade, unfortunately. We can see it in the genocide convention case, for example, where an immediate halt was ordered in the military operation in Rafah, which is a safe zone. But in the past few months, it has been continuously, indiscriminately bombed,” she says.

Friday’s hearing comes against the backdrop of Israel’s devastating 10-month military assault on Gaza, which has killed nearly 39,000 people since October.

Slimi says what the ICJ declared on Friday was not necessarily because “Palestinians have been telling us [the same] for decades”.

“Journalists have risked their lives showing us [conditions in occupied Palestine]. And it has been ignored by the international community. But we are happy that ICJ is giving us a legal framework that we as activists, as people, can build on. So we have more means to pressure our governments,” she says.

In a separate case, the ICJ is considering a South African claim that Israel’s campaign in Gaza amounts to genocide, a claim that Israel vehemently denies.

Israel captured the West Bank, East Jerusalem and Gaza in the 1967 war. The Palestinians seek all three areas for an independent state.

Despite the so-called peace process, which continued in fits and starts over many years, successive Israeli governments allowed for the expansion of these settlements. The number of settlers in the West Bank, excluding East Jerusalem, increased from approximately 110,000 in 1993 to more than half a million last year.

Israeli settlements have caused massive land expropriation in Palestinian territories. These settlements not only reduced the amount of land available for Palestinian agriculture and development but also fragmented Palestinian territories. Moreover, Israel has used these settlements as an excuse to delay the establishment of a contiguous and viable Palestinian.

The presence of Israeli settlements and the accompanying infrastructure, such as settler-only roads and military checkpoints, have also restricted the movement of Palestinians, thus reducing employment opportunities and hindering trade and commerce.

Similarly, agricultural production in Palestinian territories has also been particularly affected, as local farmers lost access to fertile land and water resources.

While some US administrations have criticised settlement expansion, others have turned a blind eye to what the ICJ has termed a violation of international law. Under the Trump administration (2017-2021), the US took a major policy shift, recognising Jerusalem as Israel’s capital and declaring that it no longer viewed settlements as inconsistent with international law.