The ICJ delivered its advisory opinion on 19 July regarding the legal consequences of Israel’s occupation of Palestinian territories. Readers are by now familiar with the basic rulings of the Court, not from mainstream media, I might add. The ICJ’s judgment has been reported, but its consequences, and particularly for Australia, have barely raised a comment.

It is appropriate to summarise. Israel’s occupation of Palestinian territory is illegal and must be ended as soon as possible. All settlements with their settlers must be evacuated, and reparations for damage caused must be forthcoming. All states in the community of nations must conduct themselves in their dealings with Israel in accordance with these rulings. One significant ruling should be noted. Para.229 finds that Article 3 of CERD is breached: in other words, apartheid exists. CERD stands for the International Convention on the Elimination of All Forms of Racial Discrimination.

One point of note for Australians is the fact that the Australian judge, Hilary Charlesworth, appended a declaration to the Advisory Opinion. It is an addition to the judgment, principally addressing the apartheid issue, of which Australians can be proud: “Israel’s occupation “does not qualify as an act of self-defence”: 20 July 2024.

Mention should be made of the extent of agreement in the 15 member Court. All rulings had the support of at least 11 of the 15 judges, some rulings were supported by 12, and some by 14. So, there was clearly a strong consensus, and it is also significant to note that the Australian, American and German judges each voted in favour of all rulings, notwithstanding their governments’ pro-Israel positions.

There is much scope for comment, however, on where to go from here.

On that score it will be recalled that Advisory........

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