ICJ Finds Israel In Breach Of International Law Over West Bank Occupation

Transcript

00:00The Court concludes from the evidence presented to it and on the basis of its analysis that

00:06a broad array of legislation adopted and measures taken by Israel in its capacity as an occupying

00:12power treat Palestinians differently on grounds specified by international law.

00:19The Court notes that this differentiation of treatment cannot be justified with reference

00:25to reasonable and objective criteria, nor to a legitimate public aim.

00:31Accordingly, the Court is of the view that the regime of comprehensive restrictions imposed

00:37by Israel on Palestinian and occupied Palestinian territory constitutes systematic discrimination

00:44based on inter-area race, religion, or ethnic origin in violation of Article 2, Paragraph

00:511 and 26 of the ICCPR, Article 2, Paragraph 2 of the ICESCR, and Article 2 of CERD.

01:04A number of participants have argued that Israel's policies and practices in the occupied

01:09Palestinian territory amount to segregation or apartheid in breach of Article 3 of CERD.

01:17Article 3 of CERD provides as follows, I quote, states parties particularly condemn

01:23racial segregation and apartheid and undertake to prevent, prohibit, and eradicate all practices

01:31of this nature in territories under their jurisdiction.

01:35This provision refers to two particularly severe forms of racial discrimination, racial

01:42segregation and apartheid.

01:45The Court observed that Israel's legislation and measures impose and serve to maintain

01:52a near complete separation in the West Bank and East Jerusalem between the settler and

01:56Palestinian communities.

01:58For this reason, the Court considers that Israel's legislation and measures constitute

02:03a breach of Article 3 of CERD.