ICJ afsiger vejledende kendelse, der understreger, at Israel er en besættelsesmagt

Den Internationale Domstol ICJ afsagde fredag en vejledende kendelse om terrorstatens illegale besættelse af Palæstina. Kendelsen slår fast:

  • ICJ unanimously finds it has jurisdiction to give the advisory opinion requested.
  • By 14 votes to 1, decides to comply with the request for an advisory opinion.
  • By 11 votes to 4, is of the opinion that the state of Israel’s continued presence in the occupied Palestinian territory is unlawful.
  • By 11 votes to 4, is of the opinion that the state of Israel is under an obligation to bring an end to its unlawful presence in occupied Palestinian territory as rapidly as possible.
  • By 14 votes to 1, is of the opinion that the state of Israel is under obligation to cease immediately all new settlement activities and to evacuate all settlers from occupied Palestinian territory.
  • By 14 votes to 1, is of the opinion that the state of Israel has the obligation to make reparation for damage caused to all natural and legal persons concerned in the occupied Palestinian territory.
  • By 12 votes to 3, is of the opinion that all states are under obligation not to recognise as legal the situation arising from the unlawful presence of the state of Israel in occupied Palestinian territory, and not to render aid or assistance in maintaining the situation created by the continued presence of state of Israel in occupied Palestinian territory.
  • By 12 votes to 3, is of the opinion that international organisations, including the United Nations, are under obligation not to recognise as legal the situation arising from the unlawful presence of the state of Israel in occupied Palestinian territory.
  • By 12 votes to 3, is of the opinion that the UN, and specifically the General Assembly, which requested this opinion, and the Security Council should consider the precise modalities and further action required to bring to an end as rapidly as possible the unlawful presence of state of Israel in occupied Palestinian territory.

Det er FN's Generalforsamling der har bedt om domstolens vurdering. Ud over at fastslå besættelsens illegale karakter, opfordrer domstolen Generalforsamlingen og Sikkerhedsrådet til hurtigst muligt at få bragt Israels illegale tilstedeværelse i de besatte områder bragt til ophør. Det kommer ikke til at ske pga. USA's og EU's modvilje, men Israel, USA og EU har med kendelsen fået et stempel for, at de er i konflikt med det internationale samfund og international ret.