A quite comprehensive and definitive judgment against Israel’s 57-year-old occupation of Palestine, including the Gaza Strip, the West Bank, and East Jerusalem, has been given by the International Court of Justice.
“The State of Israel is under the obligation to bring an end to its unlawful presence in the Occupied Palestinian Territory as rapidly as possible,” states ICJ president Nawaf Salam in reading the findings of an assignment which it was commissioned to undertake by the United Nations General Assembly two years ago.
The 15 judges of the ICJ, in a very clinical fashion, went through the issues and responded to everyone’s concerns about Israel’s occupation since 1967. In one of the specificities of the judgment, the ICJ found Israel’s claim to Jerusalem as its “indivisible capital—something which is not accepted by the vast majority of the international community.”
But the international court does not stop at the physical occupation of Palestinian lands by Israel: “There is systemic discrimination based on, inter alia, race, religion or ethnic origin,” states the ICJ’s findings. The ICJ says Israel has “illegally exploited the Palestinians’ natural resources and violated their right to self-determination.” Therefore, the findings state, “The State of Israel is under the obligation to bring an end to its unlawful presence in the Occupied Palestinian Territory as rapidly as possible,” said ICJ president Nawaf Salam.
As a consequence of the illegal occupation, very significantly, the ICJ has advised nations not to engage in any action, “including providing aid or assistance, that would maintain the current situation.” Such a finding will indict several nations, including the USA, Germany, and France, for participating in the sheer brutality, discrimination, and indeed apartheid practised by Israel against Palestinians over the decades.
It is not the first occasion on which a United Nations agency has made a sweeping finding against Israel for the breaking of international laws. This judgment is not binding on Israel, and it seems assured that it will continue to have the support of its protective shield of allies if it chooses to ignore the findings of the ICJ. “The Jewish people are not occupiers in their own land,” states a defiant Prime Minister Benjamin Netanyahu, claiming the whole of Palestine as its “ancestral heritage of Judea and Samaria.”
A number of countries have in their different ways called on Israel to recognise the decision of the court and to begin to remove its settlers, police and soldiers from Palestinian territory. The reaction from the USA is interesting. Washington’s position is to the effect that “the breadth of the court’s opinion will complicate efforts to resolve the conflict.”
This hoped-for resolution of the conflict is in contradiction to Prime Minister Netanyahu’s stubborn insistence and action of clearing Palestinians from Gaza, intent as he is to claim all of Palestine and uninterested in the fabled “two-state settlement.”
It is tempting to say that there is a semblance of a shift in the international order to one that has a greater concern for justice and equity among nations. This can be the test of what seems like an emerging change, or that after a few glimpses of hope, the powerful nations will cast aside any sense of change.