Top UN court says Israel's presence in occupied Palestinian territories is illegal and should end
The Hague (Netherlands) (AP): The top UN court said on Friday that Israel's presence in the Palestinian occupied territories is “unlawful” and called on it to end and for settlement construction to stop immediately, issuing an unprecedented, sweeping condemnation of Israel's rule over the lands it captured 57 years ago.
Israeli Prime Minster Benjamin Netanyahu quickly denounced the nonbinding opinion issued by the 15-judge panel of the International Court of Justice, saying the territories are part of the Jewish people's historic “homeland”. But the resounding breadth of the decision could impact international opinion and fuel moves for unilateral recognition of a Palestinian state.
The judges pointed to a wide list of policies, including the building and expansion of Israeli settlements in the West Bank and east Jerusalem, use of the area's natural resources, the annexation and imposition of permanent control over lands and discriminatory policies against Palestinians, all of which it said violated international law.
The court said Israel had no right to sovereignty in the territories, was violating international laws against acquiring territory by force and was impeding Palestinians' right to self-determination. It said other nations were obliged not to “render aid or assistance in maintaining” Israel's presence in the territories. It said Israel must end settlement construction immediately and that existing settlements must be removed, according to a summary of the more than 80-page opinion read out by court President Nawaf Salam.
Israel's “abuse of its status as the occupying power” renders its “presence in the occupied Palestinian territory unlawful,” the court said, saying its presence must be ended as “rapidly as possible”.
The court's opinion, sought by the UN General Assembly after a Palestinian request, decision came against the backdrop of Israel's devastating military assault on Gaza, which was triggered by the Hamas-led attacks in southern Israel on October 7. In a separate case, the International Court of Justice is considering a South African claim that Israel's campaign in Gaza amounts to genocide, a claim that Israel vehemently denies.
Israel, which normally considers the United Nations and international tribunals as unfair and biased, didn't send a legal team to the hearings. Instead, it submitted written comments, saying that the questions put to the court are prejudiced and fail to address Israeli security concerns. Israeli officials have said the court's intervention could undermine the peace process, which has been stagnant for more than a decade.
“The Jewish people are not conquerors in their own land — not in our eternal capital Jerusalem and not in the land of our ancestors in Judea and Samaria,” Netanyahu said in a statement issued by his office, using the biblical terms for the West Bank. “No false decision in The Hague will distort this historical truth and likewise the legality of Israeli settlement in all the territories of our homeland cannot be contested.”
Speaking outside the court, Riad Malki, an adviser to Palestinian President Mahmoud Abbas, called the opinion “a watershed moment for Palestine, for justice and for international law”.
He said other nations must now “uphold the clear obligations" outlined by the court. "No actions of any kind ... to support Israel's illegal occupation”.
Israel captured the West Bank, east Jerusalem and Gaza Strip in the 1967 Mideast war. The Palestinians seek all three areas for an independent state.
Israel considers the West Bank to be disputed territory, whose future should be decided in negotiations, while it has moved populations there in settlements to solidify its hold. It has annexed east Jerusalem in a move that isn't internationally recognised, while it withdrew from Gaza in 2005 but maintained a blockade of the territory after Hamas took power in 2007. The international community generally considers all three areas to be occupied territory.
The court's decision strikes at the heart of the ambiguity of Israel's administration of the territories. Israel hasn't annexed the West Bank — though settler groups have pressed it to do so — but it calls it part of its homeland and has effectively treated it as an extension of the nation. Along with the settlements, it has appropriated large swaths of the territory as “state lands”.
At the same time, Netanyahu's government has repeatedly rejected the creation of any Palestinian state. Abbas' Palestinian Authority has been restricted to control over divided enclaves scattered around the West Bank.
The Palestinians presented arguments at hearings in February, along with 49 other nations and three international organisations. In the hearings, Malki accused Israel of apartheid and urged the United Nations' top court to declare that Israel's occupation of lands sought by the Palestinians is illegal and must end immediately and unconditionally for any hope for a two-state future to survive.
Erwin van Veen, a senior research fellow at the Clingendael think tank in The Hague, said before the decision that a ruling that Israel's policies breach international law would “isolate Israel further internationally, at least from a legal point of view.”
He said such a ruling would remove "any kind of legal, political, philosophical underpinning of the Israeli expansion project.” It could also increase the number of countries that recognise a Palestinian state, in particular in the Western world, following the recent example of Spain and Norway and Ireland, he said.
It's not the first time the ICJ has been asked to give its legal opinion on Israeli policies. Two decades ago, the court ruled that Israel's West Bank separation barrier was “contrary to international law.” Israel boycotted those proceedings, saying they were politically motivated.
Israel says the barrier is a security measure. Palestinians say the structure amounts to a massive land grab, because it frequently dips into the West Bank.
Israel has built well over 100 settlements, according to the anti-settlement monitoring group Peace Now. The West Bank settler population has grown by more than 15 per cent in the past five years to more than 500,000 Israelis, according to a pro-settler group.
Israel also has annexed east Jerusalem and considers the entire city to be its capital. An additional 200,000 Israelis live in settlements built in east Jerusalem that Israel considers to be neighborhoods of its capital. Palestinian residents of the city face systematic discrimination, making it difficult for them to build new homes or expand existing ones.
The international community considers all settlements to be illegal or obstacles to peace since they are built on lands sought by the Palestinians for their state.
Netanyahu's hard-line government is dominated by settlers and their political supporters. Netanyahu has given his finance minister, Bezalel Smotrich, a former settler leader, unprecedented authority over settlement policy. Smotrich has used this position to cement Israel's control over the West Bank by pushing forward plans to build more settlement homes and to legalise outposts.
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Former railway minister Mukul Roy dies at 71
Kolkata (PTI): Former railway minister Mukul Roy, once regarded as West Bengal Chief Minister Mamata Banerjee's most trusted lieutenant and the TMC's principal strategist, died of cardiac arrest at a private hospital here early on Monday.
He was 71, and is survived by his son, Subhranshu Roy.
He breathed his last around 1.30 am at the hospital in Salt Lake, Subhranshu Roy said.
He had been suffering from multiple ailments and was in and out of the hospital over the past two years. Family members said he had also been diagnosed with dementia and had recently gone into a coma.
His body will be taken to his residence before the last rites are performed later in the day, they said.
A former Union minister and two-time Rajya Sabha member from West Bengal, Roy's four-decade-long political journey saw his stints in the Congress, TMC and the BJP.
His political career began with the Youth Congress, before he joined hands with Banerjee when she broke away from the grand old party to form the Trinamool Congress in 1998.
As a founding member, he quickly emerged as one of the key organisational pillars of the fledgling party and went on to serve as its general secretary.
He was elected to the Rajya Sabha in 2006 and became the party's leader in the Upper House in 2009, turning into TMC's principal troubleshooter in Delhi. In the UPA-2 government, when the TMC was a constituent, Roy first served as Minister of State for Shipping before taking over as the railway minister in 2012.
In West Bengal's political circles, Roy earned a reputation as a backroom operator deft in organisational work. Following the TMC's historic victory in 2011 that ended 34 years of the Left Front rule, he played a significant role in consolidating the party's hold in several districts, overseeing defections from the CPI(M) and the Congress, strengthening the new regime's political base.
However, his career was not without controversy. His name had surfaced in the Saradha chit fund case and the Narada sting operation.
By 2017, relations between Roy and the TMC leadership had deteriorated. In November that year, he joined the BJP in a move that altered the state's political equations. Tasked with strengthening the BJP's organisation in West Bengal, Roy was credited by party leaders with helping engineer defections from the TMC and expanding the saffron party's base ahead of the 2019 Lok Sabha polls, in which the BJP won 18 of the state's 42 seats.
He was elected as a BJP MLA from the Krishnanagar Uttar constituency in the 2021 West Bengal assembly elections. Within months, however, he returned to the TMC, triggering legal and political wrangling. Subsequently, a court disqualified him as an MLA under the anti-defection law for switching parties after being elected on a BJP ticket.
Though he rejoined the TMC, Roy never regained the political centrality he once enjoyed. As his health declined, he gradually withdrew from active politics.
Often described as the 'Chanakya' of West Bengal politics during his prime, Roy remained a pivotal figure in the state's turbulent political landscape -- a strategist who operated as comfortably in Delhi's power corridors as in the backrooms of Kolkata's party offices.
Leader of the opposition in the state assembly, Suvendu Adhikari, condoled Roy's death.
In an X post, he wrote, "Deeply disheartened to learn about the sad demise of senior politician, Shri Mukul Roy. My sincere condolences to his family. Praying that his soul attains eternal peace. Om Shanti."
