Turning ink into action: Enforcing ICJ's landmark ruling against Israel

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Turning ink into action: Enforcing ICJ's landmark ruling against Israel
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The United Nation's top court has issued a decision that Palestinians paid for with their blood. Now it's the world's turn to act.

The United Nation's top court has issued a decision that Palestinians paid for with their blood. Now it's the world's turn to act.International Court of Justice judges leave after delivering a non-binding ruling on the legal consequences of the Israeli occupation of the West Bank and East Jerusalem at The Hague on July 19, 2024. / Photo: AFPdeclaring Israel's occupation over the Palestinian territories since 1967 as unlawful.

In their separate opinions, Judge Nawaf Salam and Judge Dire Tladi confirmed this designation. Judge Tladi, who has a firsthand experience with apartheid, drew parallels to South Africa's apartheid. To my knowledge, this is the first judicial recognition of the 1948 Nakba, albeit without using the term, on that judicial level. Judge Abdulqawi Yusuf and Judge Xue Hanqin went on in their separate opinions to cite colonial rule, and not just occupation.Declaring an occupation illegal means that maintaining it or any of its manifestations should be considered acts of aggression. This has direct consequences on Israel's claim to self-defence.

The court confirmed that the obligation to affirmatively act to end the illegal occupation does not fall on Israel alone, but on all states, and that the Oslo accords do not relieve Israel of its legal obligationsOn the question of future negotiations, assuming they are still plausible, declaring the occupation unlawful means occupation or its manifestations, such as settlements, can no longer be on the table of negotiations.

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