ICJ recent ruling against Israel mandates Palestinian return to 1967 lands: Legal experts

Legal experts say the “landmark” opinion issued on Friday by the International Court of Justice (ICJ) necessitates Israel to facilitate the return of Palestinians to their lands occupied by the Zionist regime since 1967.

On Friday, the ICJ in The Hague issued a momentous advisory opinion, stressing that the entire occupation in 1967 is unlawful and that Israel’s settlement policy is in breach of the Geneva Convention.

“The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies,” the UN’s top court emphasized in its non-binding ruling.

According to the World Court’s advisory opinion, the Tel Aviv regime must make reparations to Palestinians for damages caused by its occupation, and that the UN Security Council, the General Assembly and all countries have an obligation to not recognize Israel’s occupation as legal.

It also maintained that Israel is systematically discriminating against Palestinians in the occupied territory, stressing that Israel has effectively annexed large portions of that territory through its occupation.

Later in the day, international law experts pointed out that although the advisory opinion is non-binding, its conclusion holds significant weight, stressing that it could have a significant impact on Israel’s reputation, which has further been tarnished by its genocidal war on the besieged Gaza Strip.

“In my opinion, this is very close to a legal conclusion that Israel engages in apartheid,” George Bisharat, a professor at the University of California College of the Law, San Francisco, told Middle East Eye.

“This is another, I would say, hammer blow to Israel and its interests,” he added.

The opinion’s section on “Consequences for Israel” highlighted the importance of compensating Palestinians displaced when Israel began occupying the West Bank, East al-Quds, and Gaza in 1967.

UN’s top court says Israel's presence in Palestinian territories ‘illegal’

The United Nations’ top court has ruled that Israel’s presence in the 1967-occupied Palestinian territories is “unlawful” and must end.

That restitution, as noted by the court, includes “Israel’s obligation to return the land … seized from any natural or legal person since its occupation started in 1967.”

Saeed Bagheri, a professor of international law at Reading School of Law in the UK, said “this indicates the need for taking necessary steps to arrange the return of displaced Palestinians and those who have fled.”

Although the opinion does not address the broader Palestinian right of return outlined in United Nations resolutions, its discussion on return and restitution could significantly impact the lives of hundreds of thousands of Palestinians.

“It’s still quite striking. There was a massive displacement of Palestinians in 1967 of somewhere between 200,000 and 350,000 who were expelled outside of the West Bank into Jordan. This aspect of the legal judgment is very significant,” Bisharat added.

During the 1967 Arab-Israeli war, known in Israel as the Six Days War, Israel occupied East al-Quds and the West Bank, and has housed more than 700,000 Israelis in some 280 settlements in occupied Palestinian territories since then.

This is while all Israeli settlements are illegal under international law. The United Nations Security Council has condemned Israel’s settlement activities in the occupied territories in several resolutions.

Palestinians want the West Bank as part of a future independent state with East al-Quds as its capital.

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