Occu-paid Land

Translated by Valeria D’Alessandro

Following a request from the UN General Assembly for an advisory opinion, on Friday, July 19^th, the International Court of Justice ruled that Israel’s occupation of Palestinian territories is illegal because it contravenes international law. Furthermore, the Court found that Israel’s laws and policies against Palestinian violate the prohibitions on racial segregation and apartheid. This decision concludes an important legal process that began at The Hague in 2022, addressing the legal consequences of the occupation of the West Bank and East Jerusalem.

The historic legal opinion, delivered by Nawaf Salam, President of the United Nation’s most important Court, represents an unequivocal affirmation of the rights of the Palestinian population. For 57 years, Palestinians have suffered systematic violations of their human rights. They have seen their homes destroyed, their lands expropriated for Israeli colonization, and they have faced arbitrary restrictions affecting every aspect of their life – from being separated from their families to being denied freedom of movement and access to land, water and other natural resources.

Benjamin Netanyahu rejected the advisory opinion of International Court of Justice in The Hague, stating that the decision ignores the historic and natural rights of the Jewish people, as well as the rights of Israeli citizens to settle in any part of the territory to ensure their self-defense and security of the borders.

Inside the conflict 

The occupation and annexation of Palestinian territories are central elements of the segregation system that Israel has build to dominate and oppress Palestinians for over fifty years.

The ruling of fifteen judges of the UN Court comes at a time when Israel has been in flagrant violation of international humanitarian law in the Palestinian enclave from more than ten months. This violation is unprecedented, both in terms of casualties – nearly 40.000 civilians killed, mostly women and children – and in the extensive media coverage of this massacre, which has been broadcast live.

The International Court’s decision – calling on the UN Security Council, the General Assembly and all UN members not to recognize the Israeli occupation as legitimate – does not have a binding legal force. However, the advisory opinion carries significant symbolic weight, which could and should influence positions of UN members and Israel’s allies, particularly the U.S.

In its ruling, the ICJ expressed hope for a change of course in the annexation of illegally occupied Palestinian territories. Israel is expected to relinquish control of borders, natural resources, airspace and water. Additionally, Israel must cease its brutal and repeated violations of fundamental human rights.

However, illegal land expropriation in Occupied Wast Bank and the construction of new Israeli settlements in East Jerusalem continue, despite the ongoing destruction in Gaza. All of this occurs in front of an inert international community, urgently called upon to uphold and protect the international law.

Stories of occupation 

In 1948, after the foundation of the state of Israel and the subsequent war won against the League of Arab states (LAS), over 750,000 Palestinians were expelled from their lands. Since then, the “Nakba” (النكبة‎), or ‘catastrophe’ is commemorated annually – a tragedy that has indelibly shaped Palestinian identity and is ofter referred to as Israel’s original sin.

Violence appears to be the common thread in history, particularly in the Middle East. This is evident in the failed two-state solution, which, amidst historic events and regional complexity, has remained an unfulfilled utopia. With the presence of hundreds of thousands Israeli settlers, much of the Palestine is considered “occupied land”, with borders that are imprecise and ever-changing, as if they were written on water.

Israel is divided on the method, not on the underlying belief: the notion of ethnic hierarchy is not up for debate. This belief has shaped the vocabulary of coexistence based on Israel’s history. It is not merely a linguistic habit but an organizing principle of society, reflecting the institutionalization of ethnic and religious divides. The events following October 7^th, 2023, have laid bare the dynamics that have been present in the country since its founding. The process of “normalization” of the occupation – known as Settlement Project – has been a consistent policy under every Israeli government, though its pace and intensity have varied. Under the current leadership of Netanyahu, who governs in coalition with religious and far-right Zionist factions, this process has dangerously accelerated.

Remaining here is an act of resistance. Resistance to an oppressive and discriminating system. In Arabic, this is called “sumud” (صمود), the resistance of a population – perseverance, resilience, and the stubbornness to continue living despite the conflict: resistance to existence itself.

When Jerusalem stops trying to destroy Hamas – or rather, when it accepts that it is impossible to defeat it – Israel might begin to imagine a future. But what kind of future is possible after such a massacre and devastation?

Mondo Internazionale APS - Riproduzione Riservata ® 2024