INHERENT ILLEGALITY: ISRAEL’S PRESENCE IN OCCUPIED PALESTINIAN TERRITORY VIOLATES FUNDAMENTAL RULES OF INTERNATIONAL LAW

the International Court of Justice concluded 11-4 that "the sustained abuse by Israel of its position as an Occupying Power, through annexation and an assertion of permanent control over the Occupied Palestinian Territory [OPT] and continued frustration of the right of the Palestinian people to selfdetermination, violates fundamental principles of international law and renders Israel's presence in the [OPT] unlawful" (at [261]).Although not in the majority, Judges Tomka, Abraham and Aurescu nevertheless agreed that Israel's policies and practices were in breach of international law, but did not accept that this rendered Israel's presence in the OPT unlawful.Judge Sebutinde, who was deeply critical of the Court's decision to give the advisory opinion in the first place, considered that a lawfully created occupation will not become illegal through the passage of time.The Court also advised that Israel must withdraw from the OPT as rapidly as possible (11-4), cease all new settlement activity and evacuate existing settlers (14-1) and make full reparation (14-1).As Israel's violations included erga omnes obligations (i.e.obligations owed to the international community as a whole), states and international organisations are under an obligation not to recognise any changes in the OPT since Israel's occupation on 5 June 1967, except as agreed by the parties, and they are required to distinguish in their dealings with Israel between the territory of the state of Israel and the OPT (at [278]).