The International Court of Justice (ICJ) has recently issued an advisory opinion declaring Israel's continued occupation of Palestinian territories unlawful, urging its swift conclusion. This landmark ruling, delivered approximately three weeks ago, has placed the international community, particularly the United States and its allies, at a critical juncture in addressing the Israel-Palestine conflict.
The ICJ, as the principal judicial organ of the United Nations, has determined that Israel's actions in the occupied territories violate international law, specifically the Fourth Geneva Convention and the Hague Regulations. These violations include the transfer of Israeli civilians into occupied areas, confiscation of Palestinian land, and exploitation of natural resources for the benefit of Israeli settlers.
The ruling's implementation has been referred to the UN General Assembly and Security Council, where the United States wields significant influence. This situation presents a crucial test for the US-led "rules-based international order," a concept that emerged in the post-World War II era with the establishment of institutions like the UN.
To enforce the ICJ opinion effectively, experts argue that the United States must lead or support a comprehensive sanctions program. The unique power of US sanctions, derived from the dollar's dominance in global trade and banking, makes them particularly impactful. According to the Bank for International Settlements, 88% of all foreign exchange transactions involve the US dollar, underscoring its global economic influence.
Current US sanctions targeting settler violence, initiated through Executive Order 14115 on February 1, 2024, have been criticized as inadequate and performative. The initial round targeted only four individuals, and subsequent guidance from the US Treasury Department to the Bank of Israel in late March 2024 appeared to dilute their impact.
Advocates for a more robust approach suggest targeting not only direct perpetrators of violence but also the broader infrastructure supporting the occupation. This could potentially include major entities such as banks financing illegal settlements.
Canada has recently taken a notable step by imposing sanctions on Amana, a leading West Bank settlement organization, in early July 2024. While commendable, the impact of Canadian sanctions is limited due to their lack of extraterritorial reach.
The article argues that only unilateral US sanctions or multilateral sanctions backed by the United States can exert the necessary pressure on Israel to halt its illegal activities. This could be achieved through UN sanctions, requiring the US to refrain from vetoing a Chapter VII UN Security Council resolution, or through coordinated multilateral sanctions similar to those imposed on Russia following its 2022 invasion of Ukraine.
The goal of such sanctions would be to increase the economic cost of sustaining the occupation and associated policies, compelling a shift at the highest levels of the Israeli government. This approach aims to support the official US foreign policy objective of a two-state solution, a proposed framework for resolving the Israeli-Palestinian conflict.
"The ICJ ruling provides the legal and moral foundation for a comprehensive sanctions effort. It may serve as the basis for a just, long-term geopolitical resolution that both the Palestinian and Israeli people deserve."
In conclusion, the article asserts that the United States has a moral responsibility to lead a global sanctions effort against Israel. By doing so, it can uphold the principles of the rules-based international order it helped establish and potentially pave the way for a lasting resolution to the Israel-Palestine conflict.