Israel’s occupation of Palestinian territory is unlawful under international law due to its permanence and the Israeli government’s de facto annexation policies, a UN-appointed Commission of Inquiry said in its first report, published on Thursday.
The three-member Commission is pushing for the issue to be referred to the International Court of Justice (ICJ), the UN’s highest court.
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They stressed that under international humanitarian law, the occupation of territory in wartime is a temporary situation and does not deprive the occupied power of its statehood or sovereignty.
A core UN principle
“Recent statements by the Secretary-General and numerous Member States have clearly indicated that any attempt at unilateral annexation of a State’s territory by another State is a violation of international law and is null and void; 143 member States including Israel last week, voted in favour of a General Assembly resolution reaffirming this,” said Navi Pillay, the Commission Chair.
“Unless universally applied, including to the situation in the Occupied Palestinian Territory, this core principle of the United Nations Charter will become meaningless”, she added.
The Commission has called on the UN General Assembly to request an urgent Advisory Opinion from the ICJ on the legal consequences of the occupation.
Settlement ‘enterprise’ studied
For their report, the Commissioners reviewed the policies and actions Israel has used to maintain the occupation and annex parts of the Occupied Palestinian Territory.
They focused on how Israel has sustained and advanced its “settlement enterprise”, including statements made by Israeli officials indicating the intent to maintain permanent control over the land in violation of international law.
The Commission concluded that by continuing to occupy the territory by force, Israel incurs international responsibilities and remains accountable for violations of the rights of the Palestinians, both individually and as a people.
“By ignoring international law in establishing or facilitating the establishment of settlements, and directly or indirectly transferring Israeli civilians into these settlements, successive Israel governments have set facts on the ground to ensure permanent Israeli control in the West Bank,” said Ms. Pillay.
Restrictive land policies
The Commission also reviewed Israel’s expropriation and exploitation of land and natural resources, and its restrictive urban planning and zoning policies in the West Bank.
Land is often confiscated for military purposes but then used for settlement construction, the report found.
The Commission reviewed statements by Israeli officials indicating that Palestinian construction is seen as an impediment to settlements, requiring action such as confiscation, demolitions and displacement.
Similar processes were also seen in East Jerusalem, where restrictive planning and zoning have contributed to shrinking space for Palestinians.
‘Silent harm’ and trauma
The report also addresses Israeli Government policies that have had an impact on all aspects of Palestinian life, such as access to clean and affordable water.
“There is so much ‘silent harm’ and psychological trauma, that may not be immediately apparent, resulting from the erosion of economic, social and cultural rights. These debilitating processes have severe short and long-term consequences and must be urgently addressed”, said Commissioner Miloon Kothari.
The Commission also examined how the occupation and de facto annexation policies have affected Palestinian human rights, as well as the impacts on Palestinian women and children.
The “coercive environment” which forces Palestinians to leave their homes has fragmented Palestinian society and hampered the right to self-determination, the report said.
International action required
The report concludes by saying that some of the Israeli government policies and actions may constitute “elements” of crimes under international criminal law, including the war crime of transferring part of your own civilian population into occupied territory.
“The actions of Israeli Governments reviewed in our report, constitute an illegal occupation and annexation regime that must be addressed,” said Commissioner Chris Sidoti.
“The international system and individual States must act and uphold their obligations under international law. That must begin at this session of the General Assembly with a referral to the International Court of Justice.”
About the Commission of Inquiry
The Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, receives its mandate from the UN Human Rights Council.
The Commissioners are not UN staff and they are not paid for their work.
They will present their report to the UN General Assembly on 27 October.
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I believe that the UN’s stance on the Israeli occupation in Palestinian territory is justified. It is essential for international law to be upheld, particularly when it comes to respecting the sovereignty of nations. The push to refer the issue to the International Court of Justice is a significant step towards promoting justice and peace in the region.
It is clear that the Israeli occupation of Palestinian territory is a blatant violation of international law. The UN’s stance on this issue is crucial in upholding justice and the principles of state sovereignty. It’s time for meaningful action to end this injustice.
It’s evident that the Israeli occupation in Palestinian territory is a clear violation of international law. The UN’s move to refer the issue to the ICJ is a necessary step towards accountability and justice. The principle of respecting state sovereignty must be upheld for lasting peace in the region.
Do you think the Israeli government will cooperate with the UN’s push to refer the issue to the International Court of Justice?
It’s highly doubtful that the Israeli government will willingly comply with any such legal process. Historically, they have shown resistance to international pressure and legal proceedings regarding their occupation policies.
As a human rights advocate, I strongly believe that the Israeli occupation of Palestinian territory must end immediately. It’s time for the international community to take decisive action and hold the Israeli government accountable for its violations of international law.
It’s alarming that Israel’s occupation of Palestinian territory is considered permanent, and the UN rightfully condemns the de facto annexation policies. The push for the issue to be referred to the ICJ is a crucial step in upholding international law.
As an avid follower of international law discussions, I strongly believe that the UN’s stance on Israeli occupation in Palestinian territory is crucial. This violation of international law cannot be overlooked, and it’s high time for the issue to be brought to the International Court of Justice for a fair resolution.
As an international law expert, it’s evident that Israel’s unlawful occupation in Palestinian territory violates fundamental principles. The push for the issue to be taken to the International Court of Justice is a crucial step towards justice and upholding sovereignty rights. Navi Pillay’s stance on unilateral annexation resonates globally and must be universally applied to maintain the integrity of international law.
As a passionate advocate for human rights, I completely agree with the UN-appointed Commission of Inquiry that Israel’s occupation of Palestinian territory is unlawful and must be addressed by the International Court of Justice. It’s time for international law to be upheld and for the rights of the Palestinian people to be respected.
In my opinion, the UN is taking a strong stance against the Israeli occupation of Palestinian territory, emphasizing the illegality under international law. It is crucial for the issue to be taken to the International Court of Justice for a resolution. The principles of international humanitarian law must be upheld to ensure justice and sovereignty for all parties involved.