In a historic ruling (live now!), the International Court of Justice has concluded measures taken by Israel in the OPT treat Palestinians differently, constitute systematic discrimination, and represent a breach of "Article 3 of the third". This refers to the International Convention on the Elimination of All Forms of Racial Discrimination (‘ICERD’), the first multilateral treaty that condemns Apartheid. Article 3 is THE article of the 25 Article-long treaty that explictly condemns and prohibits Apartheid:
"States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction."
The court has also described Israel's occupation as a permanent occupation, effectively an annexation, that creates an indefinite and irreversible situation for the Palestinian people which is not justified by Israel's claims of military necessity and violates international law. Israel's transfer of settlers and exploitation of Palestinian natural resources has also been declared unlawful.
Regarding the right to self-determination of the Palestinian people and Israel's unlawful presence inside the OPT, the ICJ has asked ALL States to cooperate in putting this into effect. Furthermore, ALL States are under obligation to recognise Israel's presence in the OPT as unlawful and not to render aid or assistance in maintaining their occupation.
In summary:
- Israel's continued presence as an occupying power in the OPT is unlawful and must be ended as soon as possible.
- Israel is under an obligaiton to cease settler activities and evacuate all settlers from the OPT immediately.
- Israel is obliged to make reparations for damage caused to Palestinians and Palestinian resources inside the OPT.
- ALL States are under obligation not to recognise as legal Israel's unlawful presence inside the OPT and not to render aid or assistance to maintaining their unlawful occupation.
- Intl. organistions are under obligation not to recognise Israel's unlawful presence inside the OPT as legal.
- UN, the security council, and especially the GA, should consider and implement the measures required to end Israel's unlawful presence and activities inside the OPT as rapidly as possible.
This is an inevitable judgement: you can only beat up a small group of people for so long under the protection of the USA before international law is either seen as totally redundant, or it turns in the favour of the people being abused.
This is, of course, only an advisory opinion, but it has serious implications for the USA, UK and Germany. The first political commentators are looking, in particular, to Keir Starmer in the UK to recognise this judgement, hoping that this will trigger similar action around Europe.
An emotional day for human rights campaigners, but the reality on the ground has not changed for Palestinians living under occupation. Yet.
WATCH LIVE: the #ICJ delivers its Advisory Opinion in respect of the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem
https://lnkd.in/e47Tfz6t
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