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The National (Scotland)
The National (Scotland)
National
Ross Hunter

Top UN court rules Israel’s settlement policy in Palestine violates international law

THE top United Nations court has said Israel’s presence in the Palestinian occupied territories is “unlawful” and called on it to end.

The International Court of Justice said in its non-binding opinion issued on Friday that Israel has abused its status as the occupying power in the West Bank and east Jerusalem by carrying out policies of annexing territory, imposing permanent control and building settlements.

It said such acts render “Israel’s presence in the occupied Palestinian territory unlawful”, adding that its continued presence was ”illegal” and should be ended as “rapidly as possible”.

In the opinion read out by court president Nawaf Salam, the court found that “the transfer by Israel of settlers to the West Bank and Jerusalem as well as Israel’s maintenance of their presence, is contrary to article 49 of the Fourth Geneva Convention”.

The court also noted with “grave concern” that Israel’s settlement policy has been expanding.

The court also found that Israel’s use of natural resources was “inconsistent” with its obligations under international law as an occupying power.

The ruling is likely to have more effect on international opinion than it will on Israeli policies.

Israel, which normally considers the United Nations and international tribunals as unfair and biased, did not send a legal team to the hearings.

But it submitted written comments, saying that the questions put to the court are prejudiced and fail to address Israeli security concerns.

The UN's top court rebuked Israel's settlement policies as unlawfulThe UN's top court rebuked Israel's settlement policies as unlawful

Israeli officials have said the court’s intervention could undermine the peace process, which has been stagnant for more than a decade.

The ruling comes after the UN's special rapporteur on the occupied Palestinian territories, Francesca Albanese, said it was "time to unseat Israel from the UN". 

Albanese's comments came after the headquarters of the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) in Gaza were destroyed by Israeli bombs. 

The commissioner general of UNRWA described the attack as "another episode in the blatant disregard of international humanitarian law." 

Meanwhile, the UK Government has said it will resume funding to UNWRA following allegations from Israel that its staff were involved in the October 7 attack perpetrated by Hamas. 

Former French foreign minister Catherine Colonna undertook an independent review into the allegations but said she was given no evidence by Israel to back up their claims. 

The USA is now the only country yet to resume funding to UNRWA. 

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