ICJ ruling condemns Israel’s occupation of Palestinian territories

Recognising Palestine and taking decisive diplomatic actions will not only fulfill a moral and legal imperative for the Labor government but also secure the trust and support of its voter base.

The International Court of Justice has unequivocally ruled that Israel’s occupation of Palestinian territories is illegal under international law and the court’s findings highlight numerous breaches of international statutes by Israel, mandating an immediate cessation of the occupation and full reparations for the extensive damage inflicted since 1967. This landmark ruling represents the most definitive legal condemnation of Israel’s actions by an international judicial body to date.

Despite the historical tendency of major powers to dismiss unfavourable rulings from international institutions, the ICJ’s decision has intensified calls for tangible actions, particularly from the Australian government. In response, Foreign Minister Senator Penny Wong issued a statement urging Israel to halt the expansion of settlements and to curb settler violence in the West Bank and the Albanese government, which keeps saying it is “committed to a two-state solution” without doing anything to move towards that position, is now evaluating potential measures, including financial sanctions and travel bans on specific Israeli settlers and groups implicated in violence.

Senator Wong emphasised that sanctions are “a significant measure”, usually reserved as a last resort in foreign policy, with individuals targeted by these sanctions have been involved in severe acts of violence against Palestinians in the West Bank, including beatings, sexual assaults, and torture, resulting in serious injuries and fatalities. While Senator Wong insists that these sanctions reflect careful consideration, the measures have been criticised as insufficient, reflecting a continued reluctance to alienate influential pro-Israel lobbies within Australia.

The actions of the Israel Defense Forces are undeniably acts of genocide, particularly given the deliberate targeting of non-combatants, children, and the destruction of essential infrastructure such as schools and hospitals, and this factor adds a grave dimension to this issue – despite what the government of Israel continues to claim, this is not a conventional military conflict but a systematic campaign against a civilian population, demanding a swift and robust international response which, so far, has been lacking.

Senator Wong’s call to stop settlement expansion in the West Bank without an equal demand to withdraw, also suggests a tacit acceptance of the current status quo, which many argue is insufficient and advocates insist on a reversion to the pre-1967 borders, a stance supported by a substantial segment of the international community. Some commentators argue that a return to the 1948 borders is critical, though this is viewed as politically impractical by most experts – at this stage. The two-state solution, while contentious among Palestinians, remains the most widely endorsed framework for resolving the conflict.

The Australian government’s position, while rhetorically firm, continues to navigate the delicate balance of international diplomacy and domestic political pressures. The ICJ’s ruling, however, injects renewed urgency into the debate, compelling nations such as Australia to reconcile their foreign policy with the imperatives of international justice and human rights, and ignore the demands and influence of domestic conservative Israel lobby groups. This path forward is fraught with challenges, but the strong calls for justice and accountability cannot be ignored forever.

Australia can assert influence and support Palestine through stronger diplomatic action

While the Australian government would not be expected to take extreme measures such as physically or militarily intervening in the conflict, there remains a broad spectrum of actions it could undertake to support Palestine, including imposing sanctions on the Israeli government, severing trade relationships with Israel, recalling the Israeli ambassador, and recognising the state of Palestine – which the Labor Party promised when they returned to government – and extending travel bans to more Israeli citizens involved in the occupation and violence. Such actions would signal a significant shift in Australia’s foreign policy, demonstrating a commitment to holding Israel accountable for its violations of international law.