Top UN court says Israel's presence in occupied Palestinian territories is illegal and should end

The unprecedented and sweeping condemnation of Israel's rule over the lands it captured 57 years ago could increase the country's isolation

The unprecedented and sweeping condemnation of Israel's rule over the lands it captured 57 years ago could increase the country's isolation

This is the Netzer Yehuda battalion, an Israeli army unit showcasing their military might in *** promotional training video. But the unit has *** decades long history of abusing Palestinians in the West Bank and the Americans know it. *** state department investigation found they had committed gross human rights violations. But this finding never led to us sanctions, even media reports of possible sanctions outraged Israel. So despite their track record, the net for Yehuda battalion is still receiving American arms and is now operating in Gaza. We tracked down one former soldier from the unit in *** rare interview. He remembers fellow soldiers bragging about their excessive violence towards Palestinians. We've hidden his identity and voice as he fears Reprisal. There were some kids throwing rocks in *** small village that normally isn't *** big deal, but the company commander decided let's throw them *** party. So they took the emergency response team and 20 soldiers, they walk door to door, throwing flash bangs and gas grenades into people's homes as *** punishment for the kids throwing rocks, collective punishment. Yes, collective punishment. The commander said it was fantastic to see the look on their faces when we look at those abuses that have happened in that Ziya. Over the years, there's *** chain of command here. What responsibility does the battalion commander, the person at the very top? What responsibility does that commander have for? What happened? I think he has all the responsibility. If these commanders don't put their foot down and punish them for their behavior, then they are in fact condoning their behavior. He told us his years in the battalion changed his outlook completely. He now feels compelled to speak out about the battalion's mistreatment of Palestinians, the officers, he's talking about follow *** chain of command. What happens under their watch is their responsibility. But despite this, we found some of these same commanders who were in charge when allegations of human rights abuses emerged have been promoted again and again into senior roles in the using facial recognition technology. CNN found this commander, Lieutenant Colonel N Oki now in Gaza in *** senior role, running ground operations. Back in 2019, he ran the Nets Yehuda battalion and was in charge when these soldiers seen him laughing as they beat and humiliate *** Palestinian man and his son, both arrested for assisting the killer of two fellow Netzer Yehuda soldiers. Their journey to the police station left the father with three broken ribs. Five were for their actions yet their commander Ohashi told investigators while he condemned the violence, he said deploying the soldiers was necessary to make the killer pay and to create *** sense of success among the fighters. He remained as commander and has been promoted since. But Akashi is not the only Netzer Yahuda commander with *** dark past. This is Lieutenant Colonel Mati Sheva rousing troops before *** deployment. But just over *** year later, soldiers under his command left for dead. This elderly Palestinian American man, Omar Assad here lying on the ground bound and blindfolded as *** soldier watches on his death, the IDF admitted *** moral failure but no soldier faced charges for his death. And their commander faced only *** reprimand yet still he was later promoted. Now training Israeli ground troops preparing to enter Gaza even featuring in high profile interviews with American media boasting of his soldiers enthusiasm for war, the major concern for most of the soldiers that we're going to have to stop. We asked the man previously in charge of investigating the Netzer Yehuda abuses for the US government, what he made of these promotions. That is very bad news. Um That shows first of all that Israel that the government of Israel has no intention of holding the Nets Yehuda battalion accountable. He says the US is not following their own laws by sending them weapons. Of course, we treat Israel differently and that really undermines um our human rights advocacy and the rest of the world, the law that Congress passed and our taxpayer funded assistance is going to Israeli units that have committed gross violations of human rights. What assistance despite the growing evidence of abuse, CNN exclusively obtained the names of three more Israeli units found by us officials to have committed gross human rights violations. Prior to October 7, all are still operating including the yam seen here in Gaza in an operation that rescued four Israeli hostages but left nearly 300 Palestinians dead. According to local health authorities, the Israeli military dispute that the toll was so high as the death and destruction mounts. It is us weaponry supporting these units begging the question for how much longer will Israel's greatest ally choose to turn *** blind eye? Katie Pola cnn London.

Top UN court says Israel's presence in occupied Palestinian territories is illegal and should end

The unprecedented and sweeping condemnation of Israel's rule over the lands it captured 57 years ago could increase the country's isolation

The top United Nations court said Friday that Israel's presence in the occupied Palestinian 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.Related video above: Israeli forces deemed abusive by the US are now guiding Gaza warfareIsraeli Prime Minister 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. However, 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, the 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 U.N. General Assembly after a Palestinian request, came against the backdrop of Israel's devastating military assault on Gaza, which was triggered by the Hamas-led attacks in southern Israel on Oct. 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.The court said the General Assembly and Security Council — where staunch Israeli ally the United States holds a veto — should consider "the precise modalities" to end Israel's presence in the territories.U.N. Secretary-General Antonio Guterres will promptly transmit the advisory opinion to the 193-member world body, and "it is for the General Assembly to decide how to proceed in the matter," U.N. deputy spokesperson Farhan Haq said.The secretary-general reiterates his call for Israel and the Palestinians to engage "on the long-delayed political path towards ending the occupation and resolving the conflict in line with international law, relevant U.N. resolutions and bilateral agreements," the spokesperson said.Guterres also stressed that a two-state solution is "the only viable path" to seeing Israel and "a fully independent, democratic, contiguous, viable and sovereign Palestinian state" living side by side in peace and security, Haq said.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."Hamas welcomed the court's decision and said in a statement that "serious steps on the ground" need to be taken in response.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, the future of which 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 recognized, 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 organizations. 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 recognize a Palestinian state, in particular in the Western world, following the recent example of Spain, 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.The court said that Israel's construction of settlements in the West Bank violated international laws prohibiting countries from moving their population into territories they occupy.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% in the past five years to more than 500,000 Israelis, according to a pro-settler group. Their residents are Israeli citizens governed by domestic law and served by government ministries, services, banks and other businesses — effectively integrating them into Israel.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 legalize outposts.___Associated Press writer Edith M. Lederer contributed from the United Nations.

THE HAGUE, Netherlands (AP) —

Related video above: Israeli forces deemed abusive by the US are now guiding Gaza warfare

Israeli Prime Minister 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. However, 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, the 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 U.N. General Assembly after a Palestinian request, came against the backdrop of Israel's devastating military assault on Gaza, which was triggered by the Hamas-led attacks in southern Israel on Oct. 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.

The court said the General Assembly and Security Council — where staunch Israeli ally the United States holds a veto — should consider "the precise modalities" to end Israel's presence in the territories.

U.N. Secretary-General Antonio Guterres will promptly transmit the advisory opinion to the 193-member world body, and "it is for the General Assembly to decide how to proceed in the matter," U.N. deputy spokesperson Farhan Haq said.

The secretary-general reiterates his call for Israel and the Palestinians to engage "on the long-delayed political path towards ending the occupation and resolving the conflict in line with international law, relevant U.N. resolutions and bilateral agreements," the spokesperson said.

Guterres also stressed that a two-state solution is "the only viable path" to seeing Israel and "a fully independent, democratic, contiguous, viable and sovereign Palestinian state" living side by side in peace and security, Haq said.

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."

Hamas welcomed the court's decision and said in a statement that "serious steps on the ground" need to be taken in response.

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, the future of which 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 recognized, 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 organizations. 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 recognize a Palestinian state, in particular in the Western world, following the recent example of Spain, 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.

The court said that Israel's construction of settlements in the West Bank violated international laws prohibiting countries from moving their population into territories they occupy.

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% in the past five years to more than 500,000 Israelis, according to a pro-settler group. Their residents are Israeli citizens governed by domestic law and served by government ministries, services, banks and other businesses — effectively integrating them into Israel.

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 legalize outposts.

___

Associated Press writer Edith M. Lederer contributed from the United Nations.

Top UN court says Israel's presence in occupied Palestinian territories is illegal and should end

The unprecedented and sweeping condemnation of Israel's rule over the lands it captured 57 years ago could increase the country's isolation

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