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International Law

A source-led guide to major international legal proceedings and principles connected to Israel and Palestine. This page distinguishes between allegations, provisional measures, advisory opinions, arrest warrants and final judgments.

ADVISORY OPINIONAdvisory opinion· 19 July 2024

ICJ Advisory Opinion on the Occupied Palestinian Territory

On 19 July 2024, the International Court of Justice delivered an advisory opinion on the legal consequences arising from Israel's policies and practices in the Occupied Palestinian Territory, including East Jerusalem.

The Court concluded that Israel's continued presence in the Occupied Palestinian Territory is unlawful.

The Court stated that this illegality concerns the entirety of the Palestinian territory occupied by Israel in 1967.

It concluded that Israel has an obligation to bring its unlawful presence to an end as rapidly as possible.

The Court also concluded that Israel must immediately cease all new settlement activity.

What this means

These are conclusions contained in an advisory opinion of the International Court of Justice.

ONGOING PROCEEDINGContentious case between states

South Africa v. Israel at the ICJ

Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)

South Africa instituted proceedings against Israel before the International Court of Justice on 29 December 2023.

The application alleges violations by Israel of obligations under the Genocide Convention in relation to Palestinians in the Gaza Strip.

The Court has issued provisional-measures orders during the proceedings.

Status

The ICJ issued an Order on 14 April 2025 extending the time-limit for Israel's Counter-Memorial.

ARREST WARRANTSInternational criminal proceedings

International Criminal Court - Situation in the State of Palestine

The International Criminal Court addresses individual criminal responsibility, unlike the ICJ, which hears disputes between states and issues advisory opinions.

On 21 November 2024, ICC Pre-Trial Chamber I issued warrants of arrest for Benjamin Netanyahu and Yoav Gallant.

According to the ICC, the warrants concern alleged war crimes and crimes against humanity.

LEGAL FRAMEWORK

International Humanitarian Law

International humanitarian law, often called IHL or the law of armed conflict, seeks to limit the effects of armed conflict.

It protects people who are not, or are no longer, participating in hostilities and restricts the means and methods of warfare.

Core rules governing the conduct of hostilities include distinction, proportionality and precautions.

ADVISORY OPINION

Occupation and Settlements

The International Court of Justice's 2024 advisory opinion concerns the Palestinian territory occupied by Israel since 1967.

The Court concluded that Israel's settlement policy and related practices breach international law and that Israel must immediately cease all new settlement activity.

The Court also concluded that Israel's continued presence in the Occupied Palestinian Territory is unlawful and must be brought to an end as rapidly as possible.

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