Court Verdict Declares Israel's Settlement Policies Violate International Law Standards

The International Court of Justice (ICJ) has determined that Israel's settlement activities and utilization of natural resources within occupied Palestinran territories are in violation of international law. In its ruling, the ICJ referenced Article 49 of the Fourth Geneva Convention, stating that "the movement of settlers into the West Bank and Jerusalem contravenes this article."

The panel of judges also stated that Israel's exploitation of natural resources was not in accordance with its duties as an occupying force under international law. ICJ President Nawaf Salam read out the full court opinion during a Friday session, estimated to last about an hour.

During this period, Israeli forces have been involved in military operations within Gaza since October's offensive by Hamas factions there. The ICJ is also examining a South African claim that Israel's actions in Gaza constitute genocide, which Israel vehemently disputes.

Israel gained control of the West Bank, East Jerusalem, and Gaza Strip following the 1967 Six-Day War. Palestinians are seeking these regions for a sovereign state. Israel considers the West Bank to be territory with disputed status, which it believes should be negotiated. It has established settlements in an effort to solidify its claim and declared East Jerusalem as part of its capital – though this is not recognized internationally, while it removed forces from Gaza in 2005 but maintained a blockade after Hamas' rise to power. The international community views these areas as occupied territories.

In February, the former Palestinian foreign minister Riad Malki accused Israel of apartheid and urged the ICJ to declare Israeli occupation illegal for any chance at a two-state solution. However, Israel, which typically sees the UN and other courts as biased against it, did not send its legal team but submitted written statements criticizing what they perceive as prejudiced questions.

Fifty countries abstained from the United Nations General Assembly vote in December 2022 to request an advisory opinion from the ICJ on this matter. The Palestinians presented their arguments, along with those of 49 nations and three international organizations, during February's hearings.

The UN General Assembly passed a resolution by significant majority earlier that month, calling upon the ICJ for its opinion on the issue. Israel opposed the request, which was championed by Palestine. A substantial number of countries abstained from voting.

Israel has established over 100 settlements in the West Bank, according to Peace Now's monitoring efforts. The population residing there surged by more than 15% in five years, reaching approximately half a million Israelis. In East Jerusalem alone, another 200,000 Israelis live within areas that Israel considers part of its capital, facing systemic discrimination and restrictions on property development compared to Palestinian residents.

The international community views all settlements as illegal or impediments to peace due to their location in territories claimed by the Palestinians for a potential state. This is not the first time the ICJ has addressed Israeli policies; it previously ruled that Israel's West Bank separation barrier was contrary to international law two decades ago, an opinion which Israel dismissed as politically motivated and unrelated to security concerns.