AJC Statement on the ICJ's Advisory Opinion on Israel and the Palestinian Territories

American Jewish Committee (AJC) strongly criticized the non-binding advisory opinion released today by the International Court of Justice (ICJ) regarding the legal consequences of Israel's policies and practices in the West Bank, East Jerusalem, and the Gaza Strip. The opinion was issued at the request of the UN General Assembly. The ICJ advisory opinion is not only factually and legally problematic; it jeopardizes the prospects for peace and could remove the basis for the existence of the Palestinian Authority.

Deplorably, the ICJ falsely concluded that Israeli practices are "inconsistent" with the state's legal obligations under international law and that Israel's presence in the territories is "unlawful" and should end "as rapidly as possible." In doing so, it ignored the historical circumstances that led to the current situation, namely Israel's 1967 capture of the West Bank, the Old City of Jerusalem, and Gaza in response to existential threats and unprovoked attacks by neighboring Arab states in a clear-cut case of self-defense. It also ignored the multiple peace overtures that Israel has made toward the Palestinians over the years, including offering the establishment of an independent Palestinian state in the Gaza Strip and the bulk of the West Bank with its capital in East Jerusalem, and the Palestinian leadership's repeated rejection of these offers.

The Court further ignored the immense security challenges Israel faces today, including Hamas' use of the Gaza Strip as a launching pad for firing tens of thousands of rockets against Israel's civilian centers for years following Israel's voluntary withdrawal from the Strip in 2005 and its misuse of millions of dollars in international humanitarian funding to build a robust terror infrastructure rather than improving the lives and living conditions of Gazan civilians. These security risks were on full display by Hamas' rampage of rape, torture, murder, and kidnapping of Israelis in Southern Israel on October 7, 2023.

The Court also failed to recognize the existence of Israeli-Palestinian agreements in which both sides committed to resolving all permanent status issues through direct negotiations, including security arrangements, settlements, Jerusalem, and borders. Indeed, the only valid legal framework between Israel and the Palestinians remains the 1995 Interim Agreement ("Oslo Accords") - the source of authority for the existence of Palestinian institutions of governance.

Ultimately, the Israeli-Palestinian conflict can only be resolved around the negotiating table, not in the courtroom. AJC has long supported a negotiated resolution to the conflict that would ultimately result in a secure State of Israel alongside a state for Palestinians. Today's ICJ decision makes that reality more difficult and hinders the prospects for peace.

AJC is the global advocacy organization for the Jewish people. With headquarters in New York, 25 regional offices across the United States, 15 overseas posts, as well as partnerships with 38 Jewish community organizations worldwide, AJC's mission is to enhance the well-being of the Jewish people and Israel and to advance human rights and democratic values in the United States and around the world. For more, please visit www.ajc.org.

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