© International Court of Justice International Court of Justice
UN member states must immediately comply with the recent "landmark ruling" of the International Court of Justice on Israel's illegal presence in the occupied Palestinian territories, 38 UN independent human rights experts said in a statement on Tuesday.
The International Court of Justice issued an advisory opinion on July 19 calling Israel's occupation of the Gaza Strip and the West Bank, including East Jerusalem, "illegal." It is at the request of the United Nations General Assembly to provide advice on the legal consequences arising from Israel's policies and practices in the Occupied Palestinian Territory, including East Jerusalem.
"This advisory opinion, which reaffirms the peremptory norms prohibiting annexation, settlements, segregation and apartheid, should be considered declaratory in nature and binding on Israel and all States supporting the occupation," the experts said. ”
The right to self-determination
Moreover, the International Court of Justice rejected the view that "the Palestinian right to self-determination can only be achieved through bilateral negotiations with Israel". The experts added that this demand has subjected Palestinians to violence, deprivation and violation of their rights for up to 30 years.
The experts said that the International Court of Justice had finally reaffirmed a principle that was not clear even to the United Nations: freedom from foreign military occupation and apartheid was absolutely non-negotiable.
They also welcomed the Court's recognition that the conversion of occupation into annexation through house demolitions, refusal to grant housing permits and land grabbing violated peremptory norms prohibiting the use of force to annex occupied territories.
The experts expressed the hope that this historic ruling would open the way to the realization of the fundamental right of the Palestinian people to self-determination and peace premised on the freedom of all.
A vital tool
The experts stated that the advisory opinion "will serve as a key tool for restoring respect for international law, especially at an important time when the International Court of Justice is also considering Israel's alleged violation of the Convention on the Prevention and Punishment of the Crime of Genocide." ”
They recalled that this is another important document issued 20 years after the advisory opinion of the International Court of Justice on the illegality of Israel's construction of the wall in the Occupied Palestinian Territory. Israel and UN Member States have largely ignored this "authoritative ruling", thus "allowing impunity to prevail".
They warned that since the 19 July ruling, Israel has intensified its attacks on civilians and resources in Gaza.
"Israel must comply with this advisory opinion and other orders issued by the International Court of Justice this year," the experts said. Israel must stop acts that seem to be above the law. "
Call for an arms embargo
While the UN Security Council and UN General Assembly will consider strategies to ensure a speedy end to the illegal occupation, States must urgently review all diplomatic, political and economic ties with Israel, including business and finance, pensions, academia and charities, the human rights experts said.
They called for action, including the imposition of an arms embargo and targeted sanctions, as well as the investigation and prosecution of persons involved in crimes in the Occupied Palestinian Territory, in particular dual nationals serving in the Israel army or participating in settler violence.
They noted that the Court's findings should also be widely disseminated to ensure that the illegality of Israel's presence in the occupied territories was fully understood by all levels of government and reflected in public documents and in the education system.
Human rights expert
Special rapporteurs, independent experts and working groups are part of the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN human rights system, is the general name for the independent fact-finding and monitoring mechanisms of the Human Rights Council, which deal with country-specific situations or thematic issues around the world. Special procedures experts work on a voluntary basis. They are not United Nations staff members and do not receive a salary from the United Nations for this work. They are independent from any government or organization and work for the United Nations in their individual capacity.
