“Striking and historic initiative”: Legal experts on ICJ ruling against Israeli occupation

Occupied Palestine (Quds News Network)- Legal experts have described the Friday ruling by the International Court of Justice (ICJ) against Israeli occupation of Palestinian territories as a striking and historic initiative that requires taking several legal steps.

The ICJ stated that Israel’s presence in parts of Palestine is illegal, demanding the international community to help apply the international law.

The court added in its advisory opinion in respect of the legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory, that all Israeli settlement walls have to be dismantled and all those who were displaced as result of the Israeli occupation to their homes’ have to go back to their homes. Meanwhile, Israel must make reparations for damages it caused.

The top court also confirmed that “Israel’s settlement policies and exploitation of natural resources in the Palestinian territories were in breach of international law”, noting that Israel’s racial segregation and occupation in the West Bank “consist of systematic discrimination, segregation and apartheid.”

Concerning Gaza, the court ruled that the besieged strip is effectively occupied by Israel although settlement was ended in 2005. The rule was explained by the fact that Israel is capable “of exercising authority of the strip, land, sea and air borders, restrictions of goods and people.”

Experts in international law who spoke to Middle East Eye (MEE) noted that this is only an advisory opinion and is not legally binding.

However, the significance of the court’s conclusion on the matter could have a significant impact on Israel’s reputation, which has already been affected by its war on Gaza which has killed tens of thousands of Palestinians so far.

“In my opinion, this is very close to a legal conclusion that Israel engages in apartheid,” George Bisharat, a professor at the University of California College of the Law, San Francisco, told MEE.

“This is another, I would say, hammer blow to Israel and its interests.”

“In my opinion, this indicates the need for taking necessary steps to arrange the return of displaced Palestinians and those who have fled,” Saeed Bagheri, a professor of international law at Reading School of Law in the UK, told MEE.

While the opinion does not discuss the broader Palestinian right to return that has been outlined by United Nations resolutions, the opinion’s discussion of return and restitution could hold a bearing on the lives of hundreds of thousands of Palestinians, MEE wrote.

“It’s still quite striking. There was a massive displacement of Palestinians in 1967 of somewhere between 200,000 and 350,000 who were expelled outside of the West Bank into Jordan,” Bisharat said.

“This aspect of the legal judgment is very significant.”

For the legal specialists, Friday’s advisory opinion and its place in the current conversation around Israel’s occupation will have a major influence on the global community. While any resolution at the UN Security Council can be vetoed by Israel’s ally, the United States, this opinion will continue to bring more attention to Israel’s treatment of the Palestinian land it occupies.

“This is a very historic initiative that has significant implications as the Court required both the UN General Assembly and the UN Security Council to take further actions to ensure peace in the occupied territories,” Bagheri said.