On 18 October 2024 the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel delivered a position paper which left no doubt that Australia must cease to render financial, military and political aid or support to the State of Israel

 

United Nations News

Palestine: International law obliges Israel to end occupation, says rights panel

Human Rights | 18 October 2024

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All States and international organizations, including the United Nations, have obligations under international law to bring to an end Israel’s unlawful presence in the Occupied Palestinian Territory, according to a new legal position paper released Friday by a top independent human rights panel.

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It details the obligations for Israel, third-party States and the UN to bring to an end the unlawful occupation, according to the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel.

“Israel’s internationally wrongful acts give rise to State responsibility, not only for Israel, but for all States,” said Navi Pillay, chair of the UN Human Rights Council-mandated commission.

“All States are obligated not to recognise territorial or sovereignty claims made by Israel over the occupied territories.”

Read the commission’s full position paper here.

States must not provide assistance

Explaining the commission’s paper, Ms. Pillay said that States must demonstrate how their dealings differ regarding Israel and the Occupied Palestinian Territory.

As an example, she noted that a State must not recognise Jerusalem as the capital of Israel or place its diplomatic representatives to Israel in Jerusalem, which Palestinians claim as the capital of their future State.

In addition, States must not render aid or assistance in maintaining the unlawful occupation, which includes financial, military and political aid or support, the commission chair said.

How the UN can implement action

The paper also details how the General Assembly and the Security Council can identify and implement the precise actions required to bring the occupation to an end as rapidly as possible.

The commission found that the advisory opinion of the International Court of Justice (ICJ) on the legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, is authoritative and unambiguous in stating that Israel’s continued presence in the Occupied Palestinian Territory is unlawful.

“The commission has always stated that the root cause of the protracted conflict and cycles of violence is the occupation,” Ms. Pillay said, noting that its 2022 report to the General Assembly had concluded that the occupation is unlawful under international law.

“The Commission welcomed the historic advisory opinion from the highest court in the United Nations system,” she said.

Work to end occupation

“It is incumbent on all States to work cooperatively in order bring the unlawful occupation to an end and to work towards the full realisation of the right of the Palestinian people to self-determination,” Ms. Pillay said, calling on all States to implement the General Assembly resolution passed on 13 September 2024.

On 17 September, the General Assembly adopted a resolution during its 10th emergency special session calling for an end to Israeli occupation of the Occupied Palestinian Territory within one year.

Read our explainer on UN emergency special sessions here.

The UN Human Rights Council mandated the commission in May 2021 to “investigate, in the Occupied Palestinian Territory, including East Jerusalem, and in Israel, all alleged violations of international humanitarian law and all alleged violations and abuses of international human rights law leading up to and since 13 April 2021”.

Find out more about the commission here.

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The United States of America is warned that its actions as a member of the United Nations Security Council are not fulfilling its obligation to uphold the peremptory norms of international law.

"38. If there is continued refusal by Israel to comply with its obligations under international law as set forth in the advisory opinion and the General Assembly resolution, the Commission recommends that the Security Council or the General Assembly establish an ad-hoc Committee to comprehensively review the non-compliance and propose mechanisms to ensure implementation. The Commission is aware that, in the Namibia situation, the Security Council acted to establish such an ad-hoc subcommittee.

However, in the current situation the Security Council has failed to act due to the veto power of one of the permanent member States. The Commission is of the view that, when peremptory norms of international law are violated, the Permanent Members of the Security Council should not be allowed to exercise their veto as this is contrary to the obligation to uphold peremptory norms of international law."

[Position Paper of the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, 18 October 2024, p.9 excerpt]

The 12 page position paper can be found at
https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/coiopt/2024-10-18-COI-position-paper_co-israel.pdf