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Netanyahu’s Plan To Occupy Gaza Violates World Court Ruling

Above photo: White House photo/public domain.

Israeli Occupation is Illegal.

As the death toll of Palestinians in the Gaza Strip surpasses 61,000 and Israel continues to starve Gazans to death, Prime Minister Benjamin Netanyahu made clear that Israel plans to occupy all of Gaza. When asked in an August 7 appearance on Fox News whether Israel would “take control of all of Gaza,” Netanyahu replied, “We intend to.”

The Israeli Occupation Forces say they already control about 75 percent of Gaza. The remaining 25 percent includes Gaza City, Khan Younis, and many neighborhoods and refugee camps in central Gaza.

Israel’s occupation of Gaza flies in the face of the July 19 ruling of the International Court of Justice (ICJ, or World Court). In its landmark 83-page advisory opinion, the ICJ held, “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 and continued frustration of the right of the Palestinian people to self-determination, violates fundamental principles of international law and renders Israel’s presence in the Occupied Palestinian Territory unlawful.”

During the proceedings at the ICJ, Israel had argued that because it withdrew its military forces from Gaza in 2005, it no longer occupied the Gaza Strip. But the World Court concluded that Israel continues to occupy Gaza because it exercises “effective control” of “the land, sea and air borders” and maintains “restrictions on movement of people and goods, collection of import and export taxes, and military control over the buffer zone.” The court noted that “This is even more so since 7 October 2023.”

Israel’s Security Cabinet Approves the Takeover of Gaza City

Netanyahu’s stated intention leaves no doubt that he aims to make Israel’s occupation of Gaza official. On August 8, in the first step toward executing that plan, the Israeli security cabinet authorized the takeover of Gaza City, the forcible displacement of the 1 million Palestinians taking refuge there, and their confinement in “camps.”

“The Israeli Government’s plan for a complete military takeover of the occupied Gaza strip must be immediately halted. It runs contrary to the ruling of the International Court of Justice that Israel must bring its occupation to an end as soon as possible, to the realisation of the agreed two-State solution and to the right of Palestinians to self-determination,” UN Human Rights Chief Volker Türk stated on August 8. “On all evidence to date, this further escalation will result in more massive forced displacement, more killing, more unbearable suffering, senseless destruction and atrocity crimes.”

In a Joint Statement issued on August 9, more than 20 countries, joined by the League of Arab States and the Organization of Islamic Cooperation, expressed “their strong condemnation and categorical rejection of Israel’s announcement of its intention to impose full military control over the Gaza Strip.” They wrote, “We consider this announcement a dangerous and unacceptable escalation, a flagrant violation of international law, and an attempt to entrench the illegal occupation and impose a fait accompli/facts on the ground by force, in contravention of international legitimacy.”

On August 10, the United Nations Security Council convened an emergency meeting at the request of the United Kingdom, Denmark, France, Greece, and Slovenia, who issued the following statement:

We condemn the Government of Israel’s decision to further expand its military operations in Gaza. This plan risks violating international humanitarian law. We call on Israel to urgently reverse this decision and not to implement it. And we reiterate that any attempts at annexation or of settlement extension violate international law … We call on both parties to secure an immediate and permanent ceasefire, the release of all the hostages, and to urgently advance efforts to achieve a two-state solution.

Several countries denounced Israel’s occupation plan for Gaza at the Council meeting. For example, the representative from Somalia said the ICJ “was unequivocal” that Israel’s occupation, blockade, denial of humanitarian access, and actions constituting collective punishment in Gaza violate international law. Algeria’s representative strongly condemned the Israeli security cabinet’s decision to displace the entire population of Gaza City and northern Gaza and impose full military control of Gaza, stating that “these are war crimes, and those who draw their maps in blood must not walk in the shadow of impunity.” The delegate from Denmark invoked the ICJ’s ruling that any unilateral attempts to alter the demography or status of Gaza amounts to a clear violation of international law. China’s ambassador said the Council “must firmly oppose any attempt to occupy Gaza.”

The same day the Council met, Saudi Arabia issued a statement saying it “condemns in the strongest possible terms the decision of the Israeli occupation authorities to occupy the Gaza Strip and categorically condemns their persistence in committing crimes of starvation, brutal practices, and ethnic cleansing against the Palestinian people.”

Trump Gives Israel the Green Light to Occupy Gaza

“They’re talking about occupying areas that are packed with so many people,” said Mukhlis al-Masri, who was forced to leave his home in northern Gaza and is now in Khan Younis. He told The New York Times that “If they do that, there will be incalculable killing. The situation will be more dangerous than anyone can imagine.”

The United States tried to prevent the meeting of the Security Council, the body empowered by the UN Charter to maintain international peace and security. Although unable to thwart the meeting from taking place, the threat of a U.S. veto prevented the Council from considering a resolution.

Dorothy Shea, U.S. interim ambassador to the UN, charged that the Security Council meeting was “emblematic of the counterproductive role that far too many governments on this council and throughout the UN system have played on the issue.” Her comments demonstrate the U.S.’s consistent defiance of international law.

Donald Trump gave Israel the tacit green light to take over Gaza. “That’s going to be pretty much up to Israel,” he said when asked about Netanyahu’s plan.

The United States routinely provides Israel with diplomatic cover for its international crimes – not only in the Security Council, but also at the ICJ and the International Criminal Court. The ICC has charged Netanyahu with the commission of war crimes and crimes against humanity in Gaza.

And the U.S. also flouts its legal obligations by enabling – indeed, aiding and abetting – Israel’s genocide by providing millions of dollars in weapons used to massacre Palestinians.

The U.S. has the power to stop Netanyahu’s illegal and dangerous plan. “Unless the United States changes its stance, I think ultimately, Israel will continue with this plan,” warned Will Todman, chief of staff of the geopolitics and foreign policy department and a senior fellow in the Middle East Program at the Center for Strategic and International Studies.

That would be a disaster – for the people of Gaza and the region, the rule of law, and the integrity of the global community.

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