Advisory Opinion of the International Court of Justice (ICJ) on “Israel’s Practices in the Occupied Palestinian Territory, Including East Jerusalem”

The Brazilian government welcomes the advisory opinion of the International Court of Justice (ICJ) on “Israel’s Practices in the Occupied Palestinian Territory, Including East Jerusalem”, announced today.

As the principal judicial organ of the United Nations, the Court considered that Israel’s occupation of Palestinian territories is unlawful and indicated that the country has an obligation to bring it to an end as soon as possible, including by removing its settlements, in addition to making reparations for the damage caused to Palestinians.

The Court observed that Israel’s policies and practices in East Jerusalem and the West Bank amount to annexation of large parts of the Palestinian territory and are in breach of its obligation to prevent and eradicate racial discrimination and apartheid, pursuant to  Article 3 of the Convention on the Elimination of All Forms of Racial Discrimination.

The ICJ's opinion was requested in a United Nations General Assembly resolution in December 2022, in view of evidence of Israel’s illegal practices in Palestine.

As a contribution to the Court's advisory opinion, Brazil submitted a written statement in July 2023 and participated in a ICJ's public hearing in February 2024. Brazil argued that the occupation of Palestinian territories amounts to annexation, discussed the legal consequences of this situation, and reported discriminatory practices in the occupied territories and other violations of human rights and fundamental freedoms of Palestinians.

The Brazilian government considers that the ICJ's advisory opinion reaffirms the need for a two-state solution, with an independent and viable State of Palestine living side by side with Israel, in peace and security, within the 1967 borders, which includes the Gaza Strip and the West Bank, with East Jerusalem as its capital.