Embassy of the State of Palestine

Presenting Study on Legality of Israeli Occupation,
Former Special Rapporteur Stresses ‘These Are Powerful Findings’

(UN News) – Highlighting the international community’ paralysis and lack of progress to hold Israel accountable for its actions, the Permanent Observer reported on preparations for the case being brought before the International Court of Justice that exposes Israel’s prolonged illegal practices and policies that deny the Palestinian people’s right to self-determination, as the Committee on the Exercise of the Inalienable Rights of the Palestinian People approved its annual report today.

The Palestinian people are outraged by the lack of progress in putting an end to their tragedies, declared Riyad H. Mansour, Permanent Observer for the State of Palestine. According to the Office for the Coordination of Humanitarian Affairs, the number of Palestinians killed this year has already exceeded the number of those killed in 2022; this includes 44 children. Yet, the Secretary-General in his report on children in armed conflict did not list Israel as a country violating children’s rights, he said.

“The current Israeli Government is the most extreme rightist Government in the history of the Governments of Israel,” he observed. It includes fascist ministers considered by the Israeli legal system as promoting terrorism. One such minister who has advanced a racist manifesto also announced that his and his family’s right to remain alive is greater than the right of the Palestinian people to circulate in the Occupied Palestinian Territory.

Further, the current Government is expediting annexation, particularly to the majority area — the so-called Area C — which constitutes about 60 per cent of the occupied West Bank, including East Jerusalem, he continued. Palestinians are facing the demolition of homes, displacement of families and threats against Masafer Yatta and other areas in the Occupied Territory, as well as against holy sites in occupied East Jerusalem, from extremist elements.

Moreover, the settlement enterprise is being intensified and the besieging of the Gaza Strip continues, threatening the 2 million people who live in that “manmade huge prison”, he said, adding: “This is the reality on the ground that we are struggling against.” He decried the paralysis of the international community, including the Security Council, that reiterates principled positions but does not take practical steps to hold Israel accountable and force it to honour its commitments under the Charter of the United Nations and in accordance with resolutions and international law. “The Palestinian people will never surrender, will never raise white flags,” he stated, noting that a number of them are taking issues into their own hands.

His delegation is engaged in the follow-up and preparation of documentations for submission before the International Court of Justice, he also reported, voicing appreciation for the 58 countries who submitted opinions to the Court in support of the argument that exposes Israel’s prolonged illegal practices and policies denying the Palestinian people’s right to self-determination. A rebuttal to the International Court of Justice is being prepared before 25 October to reject the few submissions that are trying to point to a political process that is under way and in which the Court should not interfere.

Noting his delegation’s participation at the forthcoming session of the General Assembly, he voiced hope that the Committee and its members will be at the forefront to advance the cause of the Palestinian people to attain their inalienable rights. “Maybe soon we will see some light at the end of the tunnel,” he said, voicing hope that maybe soon the State of Palestine will become a full member in the United Nations system as its 194th Member State.

Michael Lynk, former Special Rapporteur, then briefed the Committee on the study it commissioned regarding the legality of the Israeli occupation, underscoring that “no one can say the subject has been treated lightly or thinly”. While many features of the 56-year-old Israeli occupation are illegal in themselves, the study’s central aim is to answer the question of whether the occupation itself is illegal and — if so — to outline the consequences for Israel, the international community and the United Nations. The concept of illegal occupation is not a new idea in international law. The United Nations has stated that South Africa’s rule over Namibia, Portugal’s rule in Guinea-Bissau and Israel’s occupation of the Palestinian territories are illegal occupations.

He noted that the study highlights three peremptory norms that can determine if an occupation has become illegal, including whether the occupying Power has moved to annex any part of the occupied territory; whether that Power has breached the right to self-determination of the people under occupation; and whether that Power has instituted policies of discrimination or apartheid in the occupied territory. A breach of any of these norms would indicate that an occupation has become illegal; a breach of all three would be conclusive evidence of such illegality. The study concludes that Israel — as the occupying Power — “is in gross violation of all three of these norms and is, therefore, a bad-faith occupier”.

He also noted that the study finds many parallels between the situation in the State of Palestine today and South Africa’s apartheid rule over Namibia 50 years ago. Due to the illegality of its occupation, Israel is obliged to withdraw from the Occupied Palestinian Territory immediately, completely and unconditionally. Further, Israel is responsible for reparations. The international community must move away from the “land-for-peace” paradigm and towards Israel’s complete withdrawal to the 1967 lines.

“These are powerful findings,” he stressed, noting that the study addresses the questions that will be put before the International Court of Justice. It will also resonate in political, diplomatic and intellectual circles around the world because it is one of the most comprehensive reports on occupation, decolonization and self-determination ever published by the United Nations, he added.

Mr. Mansour thanked Professor Lynk for his valuable work, noting that the study is yet another tool for Member States to intensify their efforts in support of the Palestinian people’s struggle to end the occupation.