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PSA & PSA YL STATEMENT: HISTORIC ICJ OPINION ON ISRAEL’S OCCUPATION AND APARTHEID

The Palestine Solidarity Alliance (PSA) and the Palestine Solidarity Alliance Youth League (PSA YL) welcome the historic advisory opinion issued by the International Court of Justice (ICJ) on July 19, 2024. This ruling unequivocally declares Israel’s occupation of Palestinian territories, including East Jerusalem, Gaza and the West Bank, as unlawful under international law. It also recognizes Israel’s policies as constituting apartheid, a grave violation of human rights and international law.

While we aim to fully analyze the Advisory Opinion of the ICJ and share a comprehensive analysis, we find it prudent to share an initial response to the Advisory Opinion, which we share below, and after further and detailed consideration of the Advisory Opinion, we will share a further analysis.

A Call to Action for World Powers

While this advisory opinion is a significant victory for justice and the rights of the Palestinian people, it is crucial to emphasize that the international community must take this ruling seriously. The non-binding nature of the ICJ’s opinion does not diminish its moral and legal weight. World powers must now act decisively to give effect to the details of this Advisory Opinion.

Immediate Steps for Accountability

As a starting point, we call for the following actions:

1. Ban Israel from the Olympics: Israel’s participation in the Olympics is incompatible with the Olympic spirit, given its ongoing violations of international law and human rights. We urge the International Olympic Committee (IOC) to ban Israel from the upcoming Paris Olympics.

2. End Trade Relationships and Impose Sanctions: The South African government must end all trade relationships with Israel and lead the call for international sanctions against Israel. This is essential to put an end to the apartheid regime, as confirmed by the ICJ. The international community must follow suit and impose comprehensive sanctions to pressure Israel to comply with international law.

3. Compliance with Previous ICJ Rulings: In addition to the recent advisory opinion, Israel must comply with the binding ICJ provisional ruling in the case of South Africa vs. Israel, which ordered Israel to stop its ongoing genocide in Gaza. The world powers must push for Israel’s adherence to this ruling and ensure accountability for its actions. Countries who continue to support Israel in their Genocide and Apartheid practices must be held responsible for being complicit in Genocide and Apartheid.

Findings of the ICJ Advisory Opinion

While we won’t go into the full detail of the ICJ Advisory Opinion in this statement, we would like to highlight the below findings key for the UN, the World Leaders, and the South African government to begin addressing:

– Illegal Settlements: The ICJ declared that Israeli settlements in the West Bank and East Jerusalem are illegal under international law and violate the Fourth Geneva Convention. The court ordered Israel to cease all settlement activities, evacuate settlers, and return the land to Palestinian control.

– Reparations: The ICJ called for reparations for Palestinians who have suffered under the occupation since 1967. Israel must make reparation for the damage caused to all natural or legal persons in the Occupied Palestinian Territories.

– Continued Occupation & Genocide of Gaza: Despite withdrawing its forces and settlers from Gaza in 2005, Israel remains the occupying power, controlling Gaza’s airspace, shared border, and coastline. The ICJ reaffirmed that Israel’s blockade and control over Gaza’s borders amount to an ongoing occupation.

– Settler Violence: The ICJ condemned Israel’s failure to prevent and stop settler violence against Palestinians, which further entrenches the occupation and violates international humanitarian law.

Repeal of Discriminatory Laws and Measures

The ICJ Advisory Opinion emphasized that Israel must repeal all laws and measures that maintain the provisions of the occupation and apartheid. This includes dismantling settlements, returning expropriated land, and lifting the blockade on Gaza. The international community must push Israel to comply with these directives and ensure that Palestinians can exercise their rights to self-determination and statehood.

Condemnation of Enablers of Apartheid and Genocide

We also condemn the South African Zionist Federation and similar organizations for their unwavering support of Israeli apartheid and genocide. These organizations are enablers of racism, apartheid, and genocide, and we call for their immediate banning in South Africa. Such entities have no place in a society committed to justice and human rights.

A United Stand for Justice

The ICJ’s Advisory Opinion is a watershed moment for Palestine, for justice, and for international law. It reaffirms the Palestinian people’s right to self-determination and statehood. We call on all states and international organizations to uphold their clear obligations: no aid, no assistance, no complicity, no trade, no actions of any kind to support Israel’s illegal occupation.

The time for action is now. The international community must unite to end Israel’s occupation and apartheid, ensuring that the Palestinian people can finally enjoy their inalienable rights and live in peace and dignity.

Issued by the Palestine Solidarity Alliance (PSA) and Palestine Solidarity Alliance Youth League (PSA YL)
Johannesburg, South Africa

For queries email Azhar Sakoor – azhar@psayl.co.za