Balfour Project urges UK to support court
Today [19 July 2024], the ICJ has delivered its Opinion: the 1967 Israeli occupation is unlawful. The Balfour Project supports this Opinion and calls on the British Government to do so.
In 2022 the UN General Assembly asked the ICJ two questions:
- What are the legal consequences arising from the violation of the Palestinian people’s right to self-determination by Israel’s prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967 (including measures to change Jerusalem), with related discriminatory legislation?
- How do these Israeli policies and practices affect the legal status of the occupation, and what are the legal consequences that arise for all States and the UN?
The Court dismissed the Conservative Government’s contention that it should decline to deliver an opinion.
The ICJ has upheld the view advanced by the State of Palestine, Ireland, other European states and the Global South – including the African Union and the Organisation of Islamic Cooperation – that the 1967 occupation is unlawful. The ICJ concludes that Israel’s continued presence in the Occupied Palestinian Territory (OPT) is unlawful. Israel is obliged to:
- Bring an end to its unlawful presence in the OPT as soon as possible.
- Cease immediately all new settlement activities.
- Evacuate all settlers from the OPT.
- Make reparation for the damage caused by its unlawful presence to all persons concerned in the OPT.
This Advisory Opinion has legal and political consequences. Under the law, all UN member states – including Israel – have a duty to end the occupation unconditionally. Israel is expected to persist with its unlawful occupation. In that case, it is the responsibility of all other UN member states to compel Israel to withdraw from the Occupied Palestinian Territory, enabling the Palestinian people to exercise its acknowledged right to self-determination.
The declared policy of our Labour Government is to act strictly in accordance with the rule of law, without fear or favour. The highest court on earth has spoken. Our Government must respond, and act, accordingly. The Government intends to recognise the State of Palestine on the land unlawfully occupied by Israel. Neither Israel’s government nor its parliament can prevent it. British Government recognition of the State of Palestine is necessary and urgent, but not sufficient.
The statement of law contained in this Opinion imposes an obligation on our Government – on all governments – to
- not recognise as lawful a situation resulting from this serious breach of the law
- not render any aid or assistance in the maintenance of that unlawful situation
- work through the UN General Assembly and Security Council to bring that unlawful situation to an end
We call upon our Government to act swiftly in response to this ruling, which changes the political and legal landscape. British policy change is needed, with the stated aim to ensure that the 1967 unlawful occupation ends. Fundamental change in UK / Israel bilateral relations is necessary to uphold the law, with consequences for persistent breaches.
With best wishes,
Andrew Whitley
Chair, Balfour Project