The United Nations’ top court on Friday said Israel is illegally occupying the Palestinian regions it has controlled since 1967 and must end its presence in them — a landmark statement that boosts momentum for a change in Israeli policy.
The court found that Israel is committing major violations of international law, including “de facto annexation” of occupied land and breaking the global prohibition against racial discrimination and apartheid. It concluded that Israel should take steps like making reparations to affected Palestinians and evacuating settlers.
The advisory opinion from the International Court of Justice (ICJ) covers Israeli practices in the occupied West Bank, in East Jerusalem (which Israel claims as its own territory) and in the Gaza Strip.
The opinion is non-binding and has no immediate consequences.
The ICJ previously issued an opinion in 2004 saying Israel’s construction of a “separation wall” in the West Bank was illegal, yet the wall is still standing 20 years later.
Still, the assessment from the court will likely increase pressure on Israel and its allies like the U.S. for progress in resolving the Israeli-Palestinian conflict. Palestinians see the occupied West Bank as the heart of the future state that they and most countries believe is key to peace. But Israeli settlements, home demolitions and other policies like separating East Jerusalem ― the envisioned future Palestinian capital ― from the region have made it harder to envision Israel eventually letting it become independent.
Meanwhile, Israel has long disputed that it has international responsibilities as an “occupying power” in Gaza despite almost fully controlling access to the territory.
The Friday opinion directly challenged that view, arguing: “The court is of the view that Israel’s withdrawal from the Gaza Strip has not entirely released it of its obligations under the law of occupation.”
The court’s consideration of the Israeli occupation is separate from the case it is considering between South Africa and Israel, in which the former argues the latter may be committing genocide against Palestinians through its ongoing offensive in the Gaza Strip. The court has said there is a “plausible” risk of genocide and issued three orders requiring Israel to change its conduct to do more to shield civilians. Though those orders, known as provisional measures, are meant to be binding, Israel has largely maintained the policies the court criticized, such as limits on the provision of aid to Gaza.
The Friday opinion is also distinct from the action that another international court ― the International Criminal Court (ICC) ― is considering in relation to Israel-Palestine. The ICC’s top prosecutor is seeking arrest warrants against Israel’s prime minister and defense minister and leaders of the Palestinian militant faction Hamas for alleged war crimes during the Oct. 7 attack and Israel’s military response in Gaza since.
Israel declined to participate in the ICJ’s proceedings around the advisory opinion, though more than 50 other nations did present their views.