Un’occupazione, un’annessione, una norma imperativa. Note sul parere della Corte internazionale di giustizia del 19 luglio 2024

The paper deals with two of the major issues at the core of the ICJ advisory opinion of 19 July 2024 on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, Including East Jerusalem. First, the argument that Israel prolonged occupation of the Pal- estinian territory has turned into an annexation is presented, and the related question of the ap- plicability of the prohibition of the use of force is addressed. Second, the statement of the ICJ that, in cases of foreign occupation as the one under review, the right of self-determination of peoples constitutes a peremptory norm of international law is considered and its legal implications evaluat- ed. The paper argues that if the reasoning of the ICJ on these issues is not crystal-clear, the conclu- sions drawn in the opinion concerning the illegality of the Israel continued presence in the Occu- pied Palestinian Territory are compelling.