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What does the ICJ’s Advisory Opinion on “the Occupation” really mean?

On July 19, 2024, the International Court of Justice (ICJ) issued its Advisory Opinion on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem (“the Occupation Advisory Opinion”). Unsurprisingly, the ICJ held that Israel’s continued presence in Judea and Samaria was contrary to international law and called upon Israel to end its occupation of Palestinian territory “as rapidly as possible.”

Anti-Israel activists have already seized upon the Advisory Opinion, misstating its legal status and claiming that international law mandates that other states take specific punitive actions against Israel, such as economic sanctions and arms embargoes. On September 18, 2024, UN Special rapporteurs, many known for their extreme bias against Israel, urged states to review all interactions with Israel, ban goods from Judea and Samaria, and impose a full arms embargo on Israel, among other measures. Due to these distortions, clarifying the Advisory Opinion’s status and implications under international law is necessary.


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Adv. Avraham Shalev

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