UN Experts Warn International Order On A Knife’s Edge, Urge States To Comply With ICJ Advisory Opinion

GENEVA (18 September 2024) – Over 50 days since the International Court of Justice (ICJ) delivered its historic Advisory Opinion, declaring that Israel’s occupation of Palestinian territory unlawful, UN experts* are warning that the edifice of international law stands upon a knife’s edge, with most States failing to take meaningful steps to comply with their international obligations reaffirmed in the ruling. Offering specific action points for States that would ensure compliance with the ICJ Opinion and international law, a group of experts issued the following statement:

“Over 50 days have passed since the International Court of Justice issued a landmark Advisory Opinion. The ICJ declared Israel's occupation of Palestinian territory, encompassing the West Bank, including East Jerusalem, and the Gaza Strip, as unlawful under international law and emphasised that Israel’s actions amount to annexation. The Opinion noted that Israel’s actions include forcible transfer, racial discrimination and segregation or apartheid, and a violation of the right to self-determination of the Palestinian people. Particularly alarming is the impact of these violations on generations of Palestinian children, and the disproportionate effects on women, persons with disabilities, and older persons.

The Court has reaffirmed that the realisation of self-determination cannot be left to bilateral negotiations among two unequal and asymmetrical parties – the occupier and the occupied. It called for Israel to immediately cease its illegal settlement activities and withdraw from these areas as swiftly as possible. More importantly, the Court provided unequivocal directions concerning the responsibilities of States and international organisations, with regard to Israel’s unlawful occupation.

Despite these adamant directions, States remain paralysed in the face of the seismic shift represented by the Court’s ruling and appear unwilling or unable to take the necessary steps to meet their obligations.

Devastating attacks on Palestinians across the occupied Palestinian territory show that by continuing to turn a blind eye to the horrific plight of the Palestinian people, the international community is furthering genocidal violence. Gaza remains under siege and intense bombardment, with homes, schools, hospitals and densely populated displacement camps sheltering thousands, routinely attacked. The extent of the resulting environmental destruction and contamination in Gaza are still to be fully assessed. The scale of destruction of Palestinian landscape and urban fabric, including schools and universities, hospitals, the violations of housing, land and property, the pollution and degradation of the environment, and exploitation of natural resources, is extreme in Gaza and spreading across the rest of the occupied territory, prompting allegations of domicide, urbicide, scholasticide, medicide, cultural genocide and, more recently, ecocide. Extreme violence and intimidation against Palestinians in the West Bank, and military assaults against the cities of Jenin, Nablus, Tulkarem Tubas, and in rural areas, where Palestinians practise pastoralism, are all escalating.

States must act now. They must listen to voices calling on them to take action to stop Israel’s attacks against the Palestinians and end its unlawful occupation. All States have a legal obligation to comply with the ICJ’s ruling and must promote adherence to norms that protect civilians. Therefore, States should:

1. Immediately review all diplomatic, political, and economic interactions with Israel to ensure they do not support or provide aid or assistance to its unlawful presence in the occupied Palestinian territory.
2. Abstain from recognising or take steps to reverse any recognition of any changes in the physical character or demographic composition, institutional structure or status of the occupied Palestinian territory, including in their treaty relations with Israel, and while acting as members of international organisations.
3. Take all measures to ensure that the Palestinian people in the occupied Palestinian territory can fully exercise and realise their right to self-determination including by recognition of the State of Palestine.
4. Impose a full arms embargo on Israel, halting all arms agreements, imports, exports and transfers, including of dual-use items that could be used against the Palestinian population under occupation.
5. Ban goods and services emerging from both the colonisation of occupied Palestinian territory and other unlawful activities that may be detrimental to Palestinians' rights, from entering their territory and markets, and take measures to label and permit goods and services emerging from Palestinian individuals and entities in occupied territory.
6. Cancel or suspend economic relationships, trade agreements and academic relations with Israel that may contribute to its unlawful presence and apartheid regime in the occupied Palestinian territory.
7. Impose sanctions, including asset freezes, on Israeli individuals, entities including businesses, corporations and financial institutions, involved in the unlawful occupation and apartheid regime as well as on any foreign or domestic entities and individuals subject to their jurisdiction that supply goods and services that may aid, assist or enable occupation and apartheid.
8. Prevent all of their citizens who hold dual citizenship with Israel from serving in the Israeli military or other services that contribute to the occupation and apartheid regime or from buying or renting property anywhere in occupied Palestinian territory.
9. Investigate and prosecute those subjects to their jurisdiction, who are involved in crimes in the occupied Palestinian territory, including dual citizens serving in Israel’s military, including mercenaries or those involved in settler violence.
10. Rescind legislation and policies that criminalise and penalise advocacy in support of Palestinian rights to self-determination and non-violent opposition to Israel’s occupation and apartheid, including support for the boycott, divestment and sanctions (BDS) movement.
11. Disseminate the Court’s findings widely, ensuring that the occupied status of the West Bank including east Jerusalem and the Gaza Strip, and the illegality of Israel’s presence are reflected in public documents and education systems.
12. Make submissions to the ICC so that it investigates international crimes included in the ICJ opinion.
13. Convene General Assemblies of States parties under the Rome Statute or the Fourth Geneva Convention, to ensure full compliance by all parties in Palestine and Israel with international humanitarian law and international criminal law.
14. Ensure full protection of Palestinians, especially women, children, persons with disabilities, and older persons by establishing a protective presence and ensuring safe and full access for independent experts and mechanisms charged with monitoring and investigating human rights violations and international crimes in the occupied Palestinian territory.

Decisive action is needed. Facing irresponsible inaction by most governments, it is now incumbent upon civil society organisations and National Human Rights Institutions to mobilise and call on their states to comply with the ICJ’s landmark Advisory Opinion. It is time to knock on the doors of every political leader and responsible official ministry across the world to bring an end to Israel’s illegal occupation, apartheid, oppression of, and onslaught against the Palestinian people, and ultimately ensure truth, justice and accountability. We owe this especially to women and children, who have been disproportionately affected by the current catastrophe.

Failure to act now jeopardises the entire edifice of international law and rule of law in world affairs.

The world stands upon the edge of a knife: Either we travel collectively towards a future of just peace and lawfulness – or hurtle towards anarchy and dystopia, and a world where might makes right.”

*The experts: Francesca Albanese, Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967; Balakrishnan Rajagopal, Special Rapporteur on the Right to Adequate Housing; Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; Farida Shaheed, Special Rapporteur on the right to education; George Katrougalos, Independent Expert on the promotion of a democratic and equitable international order, Nicolas Levrat, Special Rapporteur on Minority Issues; Cecilia M Bailliet, Independent Expert on human rights and international solidarity; Irene Khan, Special Rapporteur on the right to freedom of opinion and expression; Gina Romero, Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association; Tomoya Obokata, Special Rapporteur on contemporary forms of slavery, including its causes and consequences; Alexandra Xanthaki, Special Rapporteur in the field of cultural rights, Heba Hagrass, Special Rapporteur on the rights of persons with disabilities; Ashwini K.P. Special Rapporteur on contemporary forms of racism, xenophobia and related intolerance; Olivier De Schutter, Special Rapporteur on extreme poverty and human rights; Pedro Arrojo Agudo, Special Rapporteur on the human rights to safe drinking water and sanitation; Paula Gaviria Betancur, Special Rapporteur on the human rights of internally displaced persons; Michael Fakhri, Special Rapporteur on the right to food; Reem Alsalem, Special Rapporteur on violence against women and girls, its causes and consequences; Marcos A. Orellana, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Richard Bennett, Special Rapporteur on the situation of human rights in Afghanistan, Barbara G. Reynolds (Chair), Bina D’Costa, Dominique Day, Working Group of Experts on People of African Descent; Mary Lawlor, Special Rapporteur on the situation of human rights defenders; Ms. Fernanda Hopenhaym (Chairperson), Ms. Pichamon Yeophantong, Mr. Damilola Olawuyi, Mr. Robert McCorquodale and Ms. Lyra Jakulevičienė, Working Group on the issue of human rights and transnational corporations and other business enterprises; Laura Nyirinkindi (Chair), Claudia Flores (Vice-Chair), Dorothy Estrada Tanck, Ivana Krstić, and Haina Lu, Working group on discrimination against women and girls; Geneviève Savigny, chair-rapporteur, Carlos Duarte, Uche Ewelukwa, Shalmali Guttal, Davit Hakobyan, Working Group on the rights of peasants and other people working in rural areas

© Scoop Media