‘An absurd opinion’: Int’l Court of Justice labels Israel’s presence in Judea, Samaria ‘unlawful’

‘The Jewish people are not occupiers in their own land, including in our eternal capital Jerusalem nor in Judea and Samaria our historical homeland,’ Prime Minister Benjamin Netanyahu said.

By Pesach Benson, TPS

As widely expected, the International Court of Justice in The Hague on Friday labeled Israel’s presence in Judea and Samaria as “unlawful.”

Although the ruling is non-binding, it is expected to put further pressure on Israel in the diplomatic arena.

The ruling, read by Lebanese Judge Nawaf Salam, president of the court, said Israel was obligated to bring an end to its “illegal occupation,” “evacuate settlers,” and make reparations to the Palestinian people.

The ruling also called on the UN Security Council and General Assembly to consider “further measures,” and for international organizations not to “recognize or aid” Israeli activities in Judea and Samaria.

Reacting to the ruling, Israeli Prime Minister Benjamin Netanyahu said, “The Jewish people are not occupiers in their own land, including in our eternal capital Jerusalem nor in Judea and Samaria, our historical homeland. No absurd opinion in The Hague can deny this historical truth or the legal right of Israelis to live in their own communities in our ancestral home.”

The case was referred to the ICJ by the United Nations General Assembly in 2022 when it formally requested an advisory opinion.

Throughout the process, Israel accused the court of being politically biased and refused to actively participate in oral arguments. Officials described the court’s written questions, which Israel responded to in writing, as “prejudicial.”

The case drew unusual international interest as a record 52 countries presented arguments to the court.

The UN Security Council is responsible for enforcing ICJ rulings, but the United States has veto power. The Palestinians enjoy widespread support in the General Assembly, but that body’s resolutions aren’t binding.

Israel maintains that Palestinian statehood can only be reached through direct peace negotiations and that the legal campaign launched by the Palestinian Authority is a ploy to bypass peace talks.

The ruling comes on the heels of the ICJ’s ambiguous ruling in May on Israel’s war in Gaza. Critics of the petition, filed by South Africa, accused The Hague of “micromanaging” Israel’s war of survival.

Meanwhile, Israeli leaders are bracing for the possibility that the International Criminal Court, a separate court also based in The Hague, will approve Chief Prosecutor Karim Khan’s request to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, along with Hamas leaders Yahya Sinwar, Ismail Haniyeh for “war crimes” since October 7.

A three-judge panel will rule on Khan’s request, but it isn’t clear when.

At least 1,200 people were killed, and 252 Israelis and foreigners were taken hostage in Hamas’s attacks on Israeli communities near the Gaza border on October 7. Of the 116 remaining hostages, more than 30 are believed dead.