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Illegitimate occupation

Ramzy Baroud
Thursday, Oct 03, 2024

Two historical events regarding the Israeli occupation of Palestine have taken place on July 19 and September 18. The first was a most comprehensive ‘advisory opinion’ by the International Court of Justice (ICJ), which reiterated that the Israeli occupation of Palestine is illegal and must come to an immediate end.

The second, by the United Nations General Assembly, two months later, set, for the first time in history, an exact time frame of when the Israeli occupation of Palestine must end.Many Palestinians welcomed the international consensus that essentially declared, as null and void, any Israeli attempt at making what is meant to be a temporary military occupation a permanent one.

However, many understandably were not impressed, simply because the international community has proven ineffectual in bringing the catastrophic Israeli war on Gaza to an end, or in enforcing its previous resolutions on the matter.

Israeli media largely ignored both events, while mainstream western media repeatedly emphasized that both the advisory opinion and the resolution are ‘non-binding’.Though it is true that international law without enforcement is largely useless, one must not be rash to conclude that the latest actions by the ICJ and the UNGA deserve no pause.

To appreciate the importance of both dates, we must place them within proper context.First, the ICJ’s legal opinion. Unlike the ICJ’s advisory opinion of 2004, the latest opinion does not focus on a specific issue, for example, the illegality of the Israeli so-called Separation Wall in the West Bank.

Indeed, the latest decision by the world’s highest Court was the outcome of a specific request by the UNGA on January 20, 2023 to opine “on Israeli practices affecting the human rights of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem.”

Second, the ICJ reached its conclusions after listening to the testimonies of representatives of 52 countries and three international organizations, which fully sided with the Palestinians in their historic quest for freedom, justice and respect for international law.

Third, the ICJ’s opinion touched on numerous issues, leaving no space for any misinterpretation on the part of Israel and the United States.For example, it called on Israel to end its “unlawful presence” in occupied Palestine, and for it to “withdraw its military forces; halt the expansion of settlements and evacuate all settlers from occupied land; and demolish parts of a separation wall constructed inside the occupied West Bank.”

Fourth, the ICJ’s opinion follows years of supposed Israeli achievements in marginalizing the Palestinian cause, and exacting American support, which effectively recognized Israeli sovereignty over occupied Palestinian and Arab land.

Excerpted: ‘War of Legitimacy – How the ICJ,

UNGA Challenged Decades of Israeli, US Arrogance’.

Courtesy: Counterpunch.org