Klare Worte und konstruktive Ambiguität - Das Gutachten des IGH zur Völkerrechtswidrigkeit der israelischen Präsenz auf palästinensischem Territorium

On July 19, 2024, the International Court of Justice issued its eagerly awaited advisory opinion in the case concerning the Legal Consequences Arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, Including East Jerusalem. While there are some ambiguities in its reasoning, the Court found, with overwhelming majority and in clear terms, numerous violations of international law by Israel. The Court declared the Israeli settlement policy to be illegal and found violations with regard to the exploitation of natural resources and Israel’s systematic failure to prevent or punish violence by settlers against Palestinians. The Court regarded the politics and practices of Israel as amounting to illegal annexation of large parts of the Occupied Palestinian Territory. Discriminatory laws and policies violate the prohibition of discrimination under international human rights law. Due to their systemic nature they amount to a violation of the prohibition of racial segregation and apartheid without the Court, however, specifying which alternative is applicable. Eventually, the Court found the continued presence of Israel in the Occupied Palestinian Territory as such to be illegal. As a legal consequence, Israel must cease the unlawful acts identified by the Court, bring an end to its presence in the Occupied Palestinian Territory, and provide full reparation. Other States are under an obligation not to recognize as legal the situation arising under the unlawful presence of Israel and not to render aid or assistance in maintaining the situation. This includes the obligation to distinguish between the territory of the State of Israel and the Occupied Palestinian Territory in all political and economic dealings with Israel.