Many Western Media outlets came out with the headlines:
ICJ rules that Israeli Policies in OPT are Illegal!
But that is an odd reading of the ruling - which summary the Chief Justice read for over an hour.
It is not just the policies that are illegal!
Any action Israel takes or fails to take in Occupied Palestinian Territory is illegal because its very presence in these territories is illegal. It is a "wrongful act".
Its occupation is illegal.
Annexation is illegal.
Apartheid and segregation are illegal.
Its Wall is illegal.
Detaining Palestinians (let alone torture, abuse and rape) is illegal.
Home demolitions are illegal.
Land confiscation is illegal.
Settlements are illegal.
"Outposts" are illegal.
Stealing water and other resources is illegal.
Putting Palestinians under siege is illegal.
Preventing Palestinians from exercising self-determination is illegal.
Preventing Palestinians from freely moving is illegal.
etc. etc. etc.
The ICJ has just reiterated the position of UNSC, UNGA and virtually every country on earth - that its entire presence in Occupied Palestinian Territory is and always has been (for 57 years) illegal and must rapidly end.
The only legal actions Israel can take are to:
- End its occupation.
- Evacuate its illegal settlements.
- Make reparations.
- Apologize to the tens of millions affected.
Now, we come to downplaying the ruling as an "advisory" and non-binding!
The ruling is advisory because the UNGA asked the ICJ for advice!
It was not a case raised by one State against another.
The UNGA asked the ICJ certain questions and the ICJ answered these questions.
Is the ruling - or answers - binding?
The ICJ ruling reads itself (Pages 73-75)- and says that:
- Continued Israeli presence in the OPT is a wrongful act.
- Israel is under obligation to:
- end these unlawful acts,
- cease all settlement activity
- repeal all discriminatory legislations and attempts to modify the demographic composition of any parts of the territory.
- provide reparations and compensation for damage caused by these wrongful acts
- return the land and all physical and cultural property
- Other states: All States are under obligation (not some optional discretion) to:
- not to render aid or assistance in maintaining the situation created by Israel’s
- illegal presence in the Occupied Palestinian Territory.
- must cooperate with the UNGA and UNSC to take the appropriate measures to end the occupation.
- must not enter into investments, treaties or economic deals with Israel that relate to the OPT
- must not recognize Israeli presence in OPT as legal
- must ensure compliance by Israel with IHL
Ruling:
Also watch Dr. Ralph Wilde:
