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Netanyahu’s Plan To Occupy Gaza Violates World Court Ruling That Israeli Occupation is Illegal.

 August 12, 2025 By Marjorie Cohn ScheerPost, https://scheerpost.com/2025/08/12/netanyahus-plan-to-occupy-gaza-violates-world-court-ruling-that-israeli-occupation-is-illegal/

As the death toll of Palestinians in the Gaza Strip surpasses 61,000 and Israel continues to starve Gazans to death, Prime Minister Benjamin Netanyahu made clear that Israel plans to occupy all of Gaza. When asked in an August 7 appearance on Fox News whether Israel would “take control of all of Gaza,” Netanyahu replied, “We intend to.”

The Israeli Occupation Forces say they already control about 75 percent of Gaza. The remaining 25 percent includes Gaza City, Khan Younis, and many neighborhoods and refugee camps in central Gaza. 

Israel’s occupation of Gaza flies in the face of the July 19 ruling of the International Court of Justice (ICJ, or World Court). In its landmark 83-page advisory opinion, the ICJ held, “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.” 

During the proceedings at the ICJ, Israel had argued that because it withdrew its military forces from Gaza in 2005, it no longer occupied the Gaza Strip. But the World Court concluded that Israel continues to occupy Gaza because it exercises “effective control” of “the land, sea and air borders” and maintains “restrictions on movement of people and goods, collection of import and export taxes, and military control over the buffer zone.” The court noted that “This is even more so since 7 October 2023.”

Israel’s Security Cabinet Approves the Takeover of Gaza City

Netanyahu’s stated intention leaves no doubt that he aims to make Israel’s occupation of Gaza official. On August 8, in the first step toward executing that plan, the Israeli security cabinet authorized the takeover of Gaza City, the forcible displacement of the 1 million Palestinians taking refuge there, and their confinement in “camps.”

To eliminate media witnesses to its impending slaughter, Israeli Occupation Forces killed five Al Jazeera journalists near Gaza City’s al-Shifa Hospital on the evening of August 10. They included the beloved Al Jazeera Arabic correspondent Anas al-Sharif, who had reported widely from northern Gaza. 

“The Israeli Government’s plan for a complete military takeover of the occupied Gaza strip must be immediately halted. It runs contrary to the ruling of the International Court of Justice that Israel must bring its occupation to an end as soon as possible, to the realisation of the agreed two-State solution and to the right of Palestinians to self-determination,” UN Human Rights Chief Volker Türk stated on August 8. “On all evidence to date, this further escalation will result in more massive forced displacement, more killing, more unbearable suffering, senseless destruction and atrocity crimes.”

In a Joint Statement issued on August 9, more than 20 countries, joined by the League of Arab States and the Organization of Islamic Cooperation, expressed “their strong condemnation and categorical rejection of Israel’s announcement of its intention to impose full military control over the Gaza Strip.” They wrote, “We consider this announcement a dangerous and unacceptable escalation, a flagrant violation of international law, and an attempt to entrench the illegal occupation and impose a fait accompli/facts on the ground by force, in contravention of international legitimacy.”

On August 10, the United Nations Security Council convened an emergency meeting at the request of the United Kingdom, Denmark, France, Greece, and Slovenia, who issued the following statement:

We condemn the Government of Israel’s decision to further expand its military operations in Gaza. This plan risks violating international humanitarian law. We call on Israel to urgently reverse this decision and not to implement it. And we reiterate that any attempts at annexation or of settlement extension violate international law … We call on both parties to secure an immediate and permanent ceasefire, the release of all the hostages, and to urgently advance efforts to achieve a two-state solution.

All UN member countries except Israel and the U.S. denounced Netanyahu’s occupation plan for Gaza at the Council meeting. For example, the representative from Somalia said the ICJ “was unequivocal” that Israel’s occupation, blockade, denial of humanitarian access, and actions constituting collective punishment in Gaza violate international law. Algeria’s representative strongly condemned the Israeli security cabinet’s decision to displace the entire population of Gaza City and northern Gaza and impose full military control of Gaza, stating that “these are war crimes, and those who draw their maps in blood must not walk in the shadow of impunity.” The delegate from Denmark invoked the ICJ’s ruling that any unilateral attempts to alter the demography or status of Gaza amounts to a clear violation of international law. China’s ambassador said the Council “must firmly oppose any attempt to occupy Gaza.”

The same day the Council met, Saudi Arabia issued a statement saying it “condemns in the strongest possible terms the decision of the Israeli occupation authorities to occupy the Gaza Strip and categorically condemns their persistence in committing crimes of starvation, brutal practices, and ethnic cleansing against the Palestinian people.”

Trump Gives Israel the Green Light to Occupy Gaza

“They’re talking about occupying areas that are packed with so many people,” said Mukhlis al-Masri, who was forced to leave his home in northern Gaza and is now in Khan Younis. He told The New York Times that “If they do that, there will be incalculable killing. The situation will be more dangerous than anyone can imagine.”

The United States tried to prevent the meeting of the Security Council, the body empowered by the UN Charter to maintain international peace and security. Although unable to thwart the meeting from taking place, the threat of a U.S. veto prevented the Council from considering a resolution. 

Dorothy Shea, U.S. interim ambassador to the UN, charged that the Security Council meeting was “emblematic of the counterproductive role that far too many governments on this council and throughout the UN system have played on the issue.” Her comments demonstrate the U.S.’s consistent defiance of international law.

Donald Trump gave Israel the tacit green light to take over Gaza. “That’s going to be pretty much up to Israel,” he said when asked about Netanyahu’s plan. 

The United States routinely provides Israel with diplomatic cover for its international crimes – not only in the Security Council, but also at the ICJ and the International Criminal Court. The ICC has charged Netanyahu with the commission of war crimes and crimes against humanity in Gaza.

And the U.S. also flouts its legal obligations by enabling – indeed, aiding and abetting – Israel’s genocide by providing millions of dollars in weapons used to massacre Palestinians. 

The U.S. has the power to stop Netanyahu’s illegal and dangerous plan. “Unless the United States changes its stance, I think ultimately, Israel will continue with this plan,” warned Will Todman, chief of staff of the geopolitics and foreign policy department and a senior fellow in the Middle East Program at the Center for Strategic and International Studies.

That would be a disaster – for the people of Gaza and the region, the rule of law, and the integrity of the global community.

August 16, 2025 Posted by Christina Macpherson | Israel, Legal | Leave a comment

Israel is changing the legal system governing the West Bank to accelerate annexation: report

Netanyahu’s government is building on a long-standing legal matrix to accelerate Israel’s de facto annexation in the West Bank 

Mondoweiss, By Jeff Wright  July 24, 2025 

Israel is accelerating its efforts to cement its permanent control over the West Bank through a number of sweeping legal and institutional changes, according to a new report from Adalah, The Legal Center for Arab Minority Rights in Israel.

The 87-page report, Legal Structures of Distinction, Separation, and Territorial Domination, describes the ways in which the Netanyahu government is rapidly building on a long-standing legal matrix that further threatens Palestinians’ right to self-determination. 

“These developments are not something new to us,” Dr. Suhad Bishara, Legal Director of Adalah and lead author of the report, told Mondoweiss. “All eyes are on Gaza, justifiably so,” she said. “However… it is important to highlight the intensity of the structural changes that have taken place since the current government took over in December 2022.”

“What is happening in the West Bank is dangerously fast-forwarding annexation policies in a blatant violation of international law,” Bishara said. “Israel is intensifying measures to change the status of the West Bank, the status of many Palestinians living in Area C who are subject to intensified displacement induced by settler violence and Israeli policies.” She said, “This is in addition to settler expansion and further restrictions on Palestinian development in the area.”

Thoroughly researched and footnoted, the report documents how the current extremist government has built on what Adalah describes as “foundational mechanisms through which Israel has entrenched a land regime that facilitates territorial domination and racial segregation.” 

Area C comprises over 60 percent of the West Bank, and is under full Israeli military control. 

Here are the mechanisms of territorial domination Adalah examines in these areas.

Civilian governance for Israeli settlers; military rule over Palestinians………………………………………

1. Administration by local authorities

……………………………………Israel can argue that the settlements operate now under Israeli sovereignty. But applying Israeli law in occupied territory, Adalah maintains, is a violation of international human rights law and constitutes “a measure of de facto annexation.” 

2. Financial incentives for settlements ………………………………

3. Declaring State land …………………………………….

The planning system in Area C……………………………………………

………………………..Paralleling the judgments of the ICJ, UN experts, and international, Palestinian, and Israeli human rights groups, the report ends by listing the five international crimes that Adalah finds Israel guilt of: violations of International Humanitarian Law; the deepening of the illegal mechanism of de facto annexation; the denial of Palestinian people’s right to self-determination; the deepening of the apartheid system in the occupied Palestinian territory; and the commission of war crimes and crimes of aggression on the part of Israel……………………………………………………………………………………

Free speech is under attack—especially when it comes to Palestine. https://mondoweiss.net/2025/07/israel-is-changing-the-legal-system-governing-the-west-bank-to-accelerate-annexation-report/

July 28, 2025 Posted by Christina Macpherson | Israel, Legal | Leave a comment

Rogue States: The illegality of the U.S.-backed Israeli attacks on Iran

Israel has stockpiles of conventional, hi-tech, nuclear, chemical, and biological weapons, allows no international inspections of them, and refuses to ratify the Non-Proliferation Treaty (NPT). 

they have extended the argument to absurd levels, basing their justification for war not on a claim that Iran has WMDs, but that they might someday acquire them.

international law does not allow for so-called “anticipatory self-defense” or so-called “pre-emptive strikes.” 

The attack on Iran is just the latest crime in the Israeli regime’s path of destruction across the Middle East. Its Western-backed impunity has become a global threat. 

Mondoweiss, By Craig Mokhiber  June 18, 2025 Craig Mokhiber is an international human rights lawyer and former senior United Nations Official.

The Israeli regime, drunk with western-backed impunity, flush with western-supplied weapons, and driven by a violent, western-born racist ideology, is rampaging across the Middle East, leaving a trail of blood and destruction in its wake. 

The Israeli regime’s blatant act of aggression against Iran is just the latest crime perpetrated by the regime in its current twenty-month orgy of violence in the region. 

But Israel is not a lone rogue. And it could not get away with its crimes without a powerful backer. 

The U.S. provided the Israeli regime with the greenlight for its surprise attack, the distraction of (perhaps disingenuous) diplomatic talks to facilitate the attack, U.S. tax dollars to finance the operation, the intelligence for targeting, the weapons and ammunition for killing, the diplomatic cover to protect it from Security Council action, U.S. forces for the interception of Iran’s defensive response, the promise of direct U.S. military backing if Israel requires it, and the propaganda cover of complicit U.S. media corporations. Now the U.S. appears poised to enter the military assault directly. 

Once again, the U.S. is a co-perpetrator in Israel’s crimes. 

The resulting Israeli impunity, the principal byproduct of U.S. collaboration with the Israeli regime, not only threatens Palestinian self-determination and the sovereignty of countries across the region, but global peace and security itself. 

The global threat of Israeli impunity

In recent months, the Israeli regime has perpetrated genocide and apartheid in Palestine, a transnational terrorism attack with booby trapped pagers in Lebanon, thousands of armed attacks on Lebanon, Syria, Yemen, & Iran, the unlawful occupation of Palestinian, Lebanese, and Syrian territory, several extrajudicial executions on foreign territory, the assault on and commandeering of the humanitarian flotilla ship the Madleen, countless attacks on United Nations staff and facilities, and the use of its proxies in Western countries to harass human rights defenders and to corrupt governments.  

Israel has stockpiles of conventional, hi-tech, nuclear, chemical, and biological weapons, allows no international inspections of them, and refuses to ratify the Non-Proliferation Treaty (NPT). And it is governed by a far-right, deeply racist, and fundamentally violent regime that is unconstrained by any norms of international law, international diplomacy, or common morality. 

Add the ingredient of impunity, and you have a formula for global disaster. The western-guaranteed impunity that the Israeli regime has enjoyed is what has produced the regime’s serial criminality. And that criminality threatens the entire region and, potentially, the world. 

Worse, to further insulate the Israeli regime, the U.S. and its allies have systematically corrupted, captured, or crushed virtually every government in the region, and battered the parts of Lebanon (Hezbollah) and of Yemen (Ansar Allah) still challenging the regime and its violent hegemonic project. Only Iran is left standing. As such, it represents an intolerable element to the Israeli regime and its U.S. sponsor: deterrence.

A war for U.S.-Israel regional hegemony 

Thus, Iran is being targeted because it is the last independent state still standing in the region, following the corruption and capture of most Arab governments by the U.S., and the systematic destruction of those that refused to submit (e.g. Iraq, Libya, Syria).  

The essence of this plan was revealed more than two decades ago by U.S. General and former NATO Commander Wesley Clarke, when he described U.S. plans to “attack seven Muslim countries in five years.” On the list were Iraq, Libya, Syria, Lebanon, Somalia, Sudan and, of course, Iran. 

Even after decades of sanctions, sabotage, aggression, destabilization efforts, and the meddling of Western intelligence agencies, Iran has defiantly refused to submit to the U.S.. Despite sustained pressure, it has refused to abandon the Palestinian people, to normalize Israeli settler-colonialism and apartheid, or to look the other way as Israel perpetrates a genocide. 

Importantly, it has also refused to surrender control of its natural resources (including significant oil and gas reserves) to the U.S. empire. And, famously, it refuses to give up its right, as a sovereign state, to develop peaceful nuclear energy for the benefit of its developing economy.  

Because decades of efforts by the U.S.-Israel axis to strangle and destabilize the country (while causing great civilian suffering in the country) have failed to force Iran to submit, the U.S. and Israel have now moved to large-scale military aggression, dusting off the old, fabricated “WMD” justifications that served them so well in justifying their aggression in neighboring Iraq more than twenty years ago.  

But, in this case, they have extended the argument to absurd levels, basing their justification for war not on a claim that Iran has WMDs, but that they might someday acquire them. A charge made all the more ridiculous by the fact that the attackers themselves- both the U.S. and Israel- in fact possess such weapons, and that both are themselves guilty of serial acts of aggression, while Iran is not. 

Jus ad bellum: The crime of aggression

The U.S.-backed Israeli regime’s unprovoked attack on Iran was a crime under international law. Indeed, it was a treacherous attack, launched in the middle of ongoing U.S. negotiations, and even targeting the Iranian official in charge of the negotiations. (And, by the way, right after Israel cut off the internet in Gaza, drawing a digital curtain around its accelerating genocide there). 

Article 51 of the UN Charter recognizes the right of self-defense only in response to an “armed attack,” or when specifically authorized by the Security Council. Any other armed attack constitutes the crime of aggression in international law. 

That means that the Israeli regime is using force against Iran unlawfully, in violation of Article 2(4) of the UN Charter, prohibiting the threat or use of force, and, as such, is committing the crime of aggression. In this case, as a matter of law, the right to self-defense belongs to Iran, and decidedly not to Israel (or the U.S.). 

Furthermore, contrary to the claims of the Israeli regime’s proxies in the West, international law does not allow for so-called “anticipatory self-defense” or so-called “pre-emptive strikes.” 

Some, like the Bush administration in the lead up to the Iraq aggression, have tried to argue that anticipatory self-defense is permissible. But that argument was widely rejected, since the intent of the Charter was to prohibit claims of self-defense unless and until an armed attack has occurred, or military force is authorized by the Security Council. 

…………………………………….Of course, Israel, the quintessential rogue regime, wrapped in the armor of U.S.-guaranteed impunity, cares little about legality. But its representatives and proxies will often try to adopt a veneer of legality as part of the regime’s propaganda efforts in Western media. 

As such, Israel proxies have tried to distort the idea of anticipatory self-defense even further by claiming the right to attack anybody who might someday in the future decide to attack Israel. They seek to claim that Iran may one day develop nuclear weapons, that it may use them on Israel if it develops them, and that therefore Israel has no choice but to attack Iran now. 

Clearly, as a matter of international law, that is entirely impermissible. If that were the rule, any state could lawfully attack any other state at any time, just by claiming a potential future threat. And that would effectively annul the UN Charter. 

But, for Israel, this makes perfect sense. Israel is, in essence, an annihilatory state. It was created in violence, has expanded through violence, and is sustained by way of constant violence. Its official ideology is premised on a militarized conception of security that essentially says that anyone who does not submit to us must be destroyed, lest they someday try to fight back.

Thus, the entire history of the Israeli regime has been defined by militarization, conquest, colonization, expansion, and aggression. In practical terms, this has meant genocide against the indigenous people of Palestine and constant attacks against the regime’s neighbors. 

But even under the broadest possible arguments of anticipatory self-defense (which, again, is rejected by almost the entire discipline of international law), Israel’s use of force against Iran would still be illegal. 

This is not a hard case. (1) Iran does not have nuclear weapons, (2) there is no evidence that it is developing nuclear weapons, (3) there is no evidence that it would use those weapons against the Israeli regime even if it obtained them, (4) there was no imminent threat, and (5) the Israeli regime has not exhausted peaceful means, as required by international law. 

…………………………………Jus in Bello: Attacking civilians and civilian infrastructure

Beyond the crime of aggression, the Israeli regime’s attacks on Iran have included a number of other grave breaches of international humanitarian law. As of the drafting of this article, the Israeli regime has already killed hundreds of Iranians, overwhelmingly civilians. It has targeted apartment buildings, media buildings, and at least one hospital. And it has murdered several Iranian scientists. Needless to say, such acts violate the principle of distinction and the prohibition of targeting protected persons and protected civilian infrastructure. 

The killing of scientists is a case in point. Only if a scientist is a member of the military (that is, not a civilian working for the military), then, in some circumstances, s/he may be a legitimate target.  But most scientists, including the Iranian scientists, are civilians, even if they were working on weapons. (And the Iranian scientists are not even working on weapons, just nuclear energy.) As such, targeting them is entirely unlawful. And, needless to say, it is impermissible, as a matter of law, to target people in their homes just because they are scientists who might someday work on weapons. This, in simple terms, is the crime of murder. 

Attacks on nuclear facilities

Particularly egregious, as a matter of both law and humanity, is the Israeli regime’s attacks on Iran’s nuclear facilities. In international humanitarian law, attacks on dangerous facilities, such as nuclear power plants and other facilities containing what the law calls “dangerous forces”, are generally prohibited. Indeed, the International Atomic Energy Agency has affirmed that such attacks are prohibited in international law and are a violation of the UN Charter. 

These facilities are protected under international law due to the potential for severe harm to the civilian population if attacked. ………………………………………………………………………….

Reining in the rogues

The open lawlessness of the Israeli regime and its sponsors has wreaked havoc both on the countries and peoples of the Middle East, and on the very legitimacy of international law itself. Calling out the crimes of these states and pursuing accountability for them are essential to the cause of justice.

While the West obsesses about the risks of peaceful nuclear programmes, the true threat to global security at this moment in history rests not in reactors and centrifuges, but rather in aggression, genocide, and impunity. Containing these threats is a global imperative. …………………………………………… https://mondoweiss.net/2025/06/rogue-states-the-illegality-of-the-u-s-backed-israeli-attacks-on-iran/

June 23, 2025 Posted by Christina Macpherson | Israel, Legal | Leave a comment