ICJ: Israel’s Presence in Palestinian Territories 'Unlawful'

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Facts

• The International Court of Justice (ICJ) issued a nonbinding opinion on Friday stating that Israel's presence in the Palestinian territories — referring to the West Bank, East Jerusalem, and Gaza — was 'unlawful' and called for it to end.¹
• The ICJ said Israel should stop all new settlement pursuits and withdraw settlers from the West Bank and East Jerusalem, labeling its policies in the territories as 'de facto annexation.'²
• Responding to the ruling, Israeli Prime Minister Benjamin Netanyahu said, 'The Jewish people are not occupiers in their own land,' referring to Israeli settlements in the West Bank and East Jerusalem, calling it an 'absurd opinion.'³
• Other Israeli political leaders panned the decision, with National Security Minister Itamar Ben-Gvir and Finance Minister Bezalel Smotrich calling for annexing large parts of the West Bank. National Unity leader Benny Gantz said the decision was 'counterproductive to regional security.'⁴
• Israel captured the West Bank, East Jerusalem, and Gaza Strip in the 1967 War, unilaterally disengaging from Gaza in 2005. More than 500K Israeli settlers reside in the West Bank, with another 200K living in East Jerusalem.¹
• In recent months, the US, UK, and EU have placed sanctions on violent settlers and the organizations that back them.⁵

Sources: ¹Associated Press, ²NBC, ³X (formerly Twitter), ⁴The Times of Israel and ⁵Guardian.

Narratives

• Pro-Israel narrative, as provided by Jerusalem Post. Through this ruling, the ICJ is effectively supporting terrorism against Israel and its citizens. The West Bank and East Jerusalem have never been sovereign territories and were captured in a defensive war. Israeli settlements act as a buffer, and suggesting that Israel dismantle these settlements without any security guarantees is tantamount to calling for Israel to stop defending itself. Indeed, this opinion, given its timing in the wake of Hamas' Oct. 7 massacre, will only escalate the situation further.
• Pro-Palestine narrative, as provided by Middle East Eye. This ruling is a major victory for Palestinian human rights and self-determination. The ICJ has codified something that Palestinians have known for 75 years — that Israel is an apartheid state that seeks to have sovereignty over all of the land between the river and the sea. Israel's occupation can no longer be overlooked, and Western leaders will have to finally begin questioning their seemingly unending support for Israel.