UN high court orders Israel to remove West Bank settlements
The Peace Palace, which houses the International Court of Justice. Associated Press/Photo by Patrick Post, file
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The International Court of Justice on Friday found that Israel’s settlements in the West Bank and East Jerusalem violate international law. The court’s opinion is advisory and non-binding. Nonetheless, it ordered Israel to cease all activity related to the addition of new settlements or the expansion of existing settlements in both areas. It also instructed Tel Aviv to remove its presence from the settlements it has already built in both the West Bank and East Jerusalem. Additionally, the court ordered the Israeli government to provide reparations to Palestinians who had been negatively impacted by its settlements.
How did this case come before the court? UN Secretary-General António Guterres in January 2023 asked the court to issue an opinion on whether or not Israel’s settlements violated international law. The ICJ is currently hearing another case brought by South Africa alleging that Israel is committing genocide against the Palestinian people with its war in Gaza.
What was the court’s reasoning for its decision? The court criticized Israel’s restrictions on movement of Palestinian citizens in the West Bank, as well as its demolition of Palestinian property. . It also criticized Israeli requirements that Palestinians living in East Jerusalem have residence permits registered with the Israeli government.
The court also found that Israel’s settlements in the West Bank were increasing its civilian and military presence in the area and driving out Palestinians. It also denounced Tel Aviv’s decision to build roads in such a way that they provide ease of access to Israeli settlements in the West Bank, while at the same time isolating Palestinians.
The ICJ also found that Israeli laws at work in both East Jerusalem and the West Bank unfairly discriminated against Palestinians. For example, many areas that even non-Israeli Jews could access in the settlements remained off-limits to Palestinians without proper paperwork or authorization.
What does Israel have to say about this? Israeli Prime Minister Benjamin Netanyahu characterized the ICJ’s opinion as absurd. The Israeli people were not occupiers in their own land, which included the city of Jerusalem and the West Bank, he said. Both regions were part of what he characterized as Israel’s ancestral homeland, and he added that the ICJ could not change that.
Dig deeper: Read William Inboden’s commentary for WORLD Opinions asking if the United States is abandoning Israel.
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