PCHR Welcomes the Adoption of a UNGA Resolution Requesting for an Advisory Opinion by the ICJ on the Legal Nature of Israel’s Occupation.
Ref: 162/2022
Date: 31 December 2022
Time: 17:30 GMT
On 30 December, the United Nations General Assembly (UNGA) voted in favor of a resolution requesting the International Court of Justice to provide an advisory opinion on the legal nature of Israel’s prolonged military occupation of the Occupied Palestinian Territory (OPT) and the responsibilities of third party-states.[1]
The resolution, which was approved with 87 votes in favor, 26 votes against, and 53 abstentions, asks the ICJ to weigh in on the “legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition character, and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures”.[2] The resolution also asks the Court for an opinion on how these Israeli policies and practices “affect the legal status of the occupation” and the “legal consequences that arise for all states and the United Nations from this status”.[3]
The Palestinian Center for Human Rights welcomes the adoption of this important and historic resolution which is a step in the right direction towards holding Israel accountable for its ongoing oppression and suppression of the Palestinian people as it provides an opportunity to freshly examine the legal consequences of Israel’s decades long occupation. PCHR regrets that many European countries including Sweden, France, Finland, Germany, Italy, Liechtenstein, Netherlands, Norway, Spain, and United Kingdom either abstained or voted against the resolution at a critical time as the new extreme Israeli government led by Benjamin Netanyahu has promised to make the expansion of illegal settlements and Israel’s sovereignty in the Occupied West Bank a top priority, in violation of international law.[4]
Raji Sourani, PCHR Director said: “This is a unique juncture legally and politically in the ongoing struggle of the Palestinian people for their self-determination and independence. It gives the Palestinians an upper hand morally and legally in supporting their just and fair cause and that can be felt obviously by the action and reaction and the pressure amounted by U.S and Israel on many states to vote against the resolution.”
Notably, this will be the second Advisory Opinion to be delivered by the ICJ on the Occupied Palestinian Territory. The first landmark Advisory Opinion was delivered in July 2004. It focused on the construction of a separation wall in the West Bank. The ICJ found at the time that the construction of the wall violated numerous international norms, including the Palestinians’ right to self-determination, and stated that Israel was required to cease its illegal actions and provide a remedy for the violations inflicted.[5]
——————————————————-
[1] Reuters, “U.N. asks World Court to give opinion on Israel’s occupation,” 31 December 2022, available at: https://www.reuters.com/world/middle-east/un-asks-world-court-give-opinion-israels-occupation-2022-12-30/
[2] Israeli Practices Affecting Human Rights, Settlements – Report of UNGA Special Political and Decolonization Committee (Fourth) to GA, Draft Resolutions (A/77/400), available at: https://www.un.org/unispal/document/israeli-practices-affecting-human-rights-settlements-report-of-unga-special-political-and-decolonization-committee-fourth-to-ga-draft-resolutions-a-77-400/
[3] Ibid 2
[4] Aljazeera, “Netanyahu gov’t says West Bank settlement expansion top priority,” 28 December 2022, available at: https://www.aljazeera.com/news/2022/12/28/netanyahu-govt-says-west-bank-settlement-expansion-top-priority
[5] International Court of Justice, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, 9 July 2004, available at: https://www.icj-cij.org/en/case/131