The Advisory Opinion of the International Court of Justice: Its Importance, Effects, and Supporting Opinions

Abstract

The advisory opinion issued by the International Court of Justice on July 19, 2024, is a historic ruling that upholds fundamental principles of international law, particularly the prohibition on acquiring territory by force and the right of peoples to self-determination. It presents a significant legal challenge to Israel's policies in the occupied territories and exposes the criminal acts committed by Israel that have deprived the Palestinian people of their rights and marginalized them for decades.

The advisory opinion affirmed that Israel’s occupation of Palestinian territories (known as the 1967 territories) is illegal. It declared that Israel’s practices of settlement construction, increasing the number of settlers, depriving Palestinians of basic necessities, and exploiting Palestinian natural resources are unlawful. Furthermore, it stated that the Israeli occupation is committing the crime of apartheid in the West Bank and East Jerusalem and that Israel must dismantle the settlements. The Palestinians have the right to self-determination.

The international community must no longer ignore the legal provisions regarding Israel’s illegal policies and practices, and the UN Security Council must act now to end the impunity that Israel has enjoyed for decades. While advisory opinions of the International Court of Justice are not legally binding, they carry significant moral and legal authority and may eventually become part of customary international law, which is legally binding on states.

This advisory opinion will pave the way for new legal and political procedures in international forums and will be used to increase diplomatic and legal pressure on Israel to end its occupation. It marks a step in a long journey toward justice for the Palestinian people, just as other peoples have fought for their freedom.

The legal consequences of this advisory opinion cannot be overlooked or ignored, as it is issued by the UN’s principal judicial body. This requires other UN bodies to adopt positions and decisions that align with and reflect its findings.