“Fatally Flawed”: How the one-sided UNGA Resolution 77/247 has led to the one-sided Advisory Opinion of the International Court of Justice on the Occupied Palestinian Territory

Resumen

On July 19, 2024, the International Court of Justice (ICJ) issued an Advisory Opinion to the UN
General Assembly, concluding that Israel’s military presence in the “Occupied Palestinian Territory”
is unlawful and urging the evacuation of settlers. This Opinion stems from a one-sided UNGA
resolution and proceedings driven by states hostile to Israel. The ICJ’s findings adopt a biased
historical and legal narrative that undermines Israel’s sovereignty and disregards key principles
of international law, including uti possidetis juris. The Court’s conclusions on sovereignty, selfdetermination,
and security lack sufficient evidence and ignore Israel’s legitimate claims to East
Jerusalem and the West Bank, as well as its security concerns. Additionally, the Opinion undermines
UNSC Resolution 242 and the Oslo Accords, which advocate for negotiated resolutions. The
non-binding Opinion should not be implemented, as it risks prejudicing peace negotiations and
escalating tensions in the Middle East.