The Gambia welcomes yesterday’s Advisory Opinion from the International Court of Justice (ICJ) which conclusively states that Israel’s ongoing occupation of the Palestinian Territory is illegal under international law.
H. E. President Adama Barrow, President of the Republic of The Gambia and Chair of the Organization of Islamic Cooperation, approved The Gambia’s participation in the Advisory Opinion proceedings. The Gambia’s participation consisted of a written submission and an oral presentation, delivered by Hon. Dawda Jallow, Attorney General and Minister of Justice, during the Court’s hearing on this matter earlier this year.
The Gambia’s written submission argued four major points, all of which were accepted by the Court: first, that Israel’s occupation is illegal because it violates the right to self-determination of the Palestinian people; second, that Israel’s occupation is illegal because it constitutes a regime of apartheid; third, that Israel’s occupation is illegal because it violates the international law governing the use of force; and fourth, that Israel’s occupation must be brought to an end immediately.
The Court found that 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.” It also found that “Israel’s legislation and measures impose and serve to maintain a near-complete separation in the West Bank and East Jerusalem between the settler and Palestinian communities”, a form of physical and juridical separation that “constitute[s] a breach of Article 3 of CERD [Convention on the Elimination of Racial Discrimination]”, which prohibits racial segregation and apartheid.
The Court further found that Israel’s efforts “to acquire sovereignty over an occupied territory … is contrary to the prohibition of the use of force in international relations and its corollary principle of the non-acquisition of territory by force.”
Finally, the Court determined that “Israel has an obligation to bring an end to its presence in the Occupied Palestinian Territory as rapidly as possible.”
The Gambia welcomes this historic and momentous ruling from the ICJ and calls on Israel, all States, and the United Nations to abide by its findings and conclusions.
The Gambia will continue its active efforts in the United Nations to uphold the rights of the Palestinian people under international law.
