ICJ advisory opinion on unlawful occupation of Palestinian territory

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  Dear Prime Minister, Foreign Secretary, and Attorney General

  On 19 July 2024, the International Court of Justice (ICJ) gave a groundbreaking

  judgement on the legal consequences arising from the Policies and Practices of

  Israel in the Occupied Palestinian Territory (OPT).

  This advisory opinion made crystal clear determinations that:

   The Israeli presence in the OPT, including Gaza, is unlawful and its policies

  and practices are incompatible with international law.

   All Israeli settlements are illegal and must be withdrawn immediately

   Israel owes full reparation for all damage of its illegal acts since 1967,

   Other states are obliged to not provide any sort of aid or assistance that

  maintains Israel’s unlawful presence in the OPT, referring to Gaza, the West

  Bank, and East Jerusalem.

  Following this advisory opinion, the Foreign Office response was that it would

  consider “carefully before responding. The UK respects the independence of the

  ICJ... the UK is strongly opposed to the expansion of illegal settlements and rising

  settler violence”.

  The government promised to publish its formal response. One year on since the

  advisory opinion was issued, it has yet to do so. Given that the ICJ referred to the

  “unlawfulness” as an established fact, the UK has a legal duty to ensure that the

  government and British entities take all necessary steps to ensure that we are not

  complicit with this unlawful situation. This is particularly pertinent given the

  seriousness of the situation, the continued and increasing Israeli violations of

  international law, as well as the increase in illegal settlements. Between November

  2023 – October 2024, Israel established 57 new settlements and outposts. However,

  the UK needs to not just denounce the rise in settlements but the mere existence of

  them, as regards the ICJ advisory opinion.

  The failure of the government to publish its legal advice on the advisory opinion and

  address the unlawful situation occurring in the OPT, as well its own obligations under

  international law to avoid complicity, needs to be rectified.

  Over the last year, since the opinion was issued, Israel has accelerated its violations

  of international law including the Fourth Geneva Convention in the OPT.

  We, the undersigned, urge the government immediately to publish its response to

  the ICJ Advisory Opinion on the legal consequences of the Israeli occupation and

  take all the necessary measures to adhere to the obligation of 3 rd party states “not to

  render aid or assistance in maintaining the situation created by Israel’s illegal

  presence in the Occupied Palestinian Territory” as the Court stipulated.