30 July 2024<\/p>\n
\u00a0Israel and other UN Member States must immediately comply with the authoritative determination by the International Court of Justice<\/a> (ICJ) on Israel\u2019s presence in the occupied Palestinian territory, independent human rights experts* said today.<\/p>\n The landmark ruling<\/a> of 19 July 2024 declared that Israel\u2019s occupation of the Gaza strip and the West Bank, including East Jerusalem, is unlawful, along with the associated settlement regime, annexation and use of natural resources. The Court added that Israel’s legislation and measures violate the international prohibition on racial segregation and apartheid. The ICJ mandated Israel to end its occupation, dismantle its settlements, provide full reparations to Palestinian victims and facilitate the return of displaced people.<\/p>\n \u201cThe advisory opinion reaffirms peremptory norms prohibiting annexation, settlements, racial segregation and apartheid, and should be seen as declaratory in nature and binding on Israel and all States supporting the occupation,\u201d the experts said.<\/p>\n The Court refuted the notion that Palestinian self-determination must be achieved solely through bilateral negotiations with Israel \u2013 a requirement that has subjected Palestinians to violence, dispossession and rights violations for 30 years.<\/p>\n \u201cThe Court has finally reaffirmed a principle that seemed unclear, even to the Â鶹APP: Freedom from foreign military occupation, racial segregation and apartheid is absolutely non-negotiable,\u201d the experts said.<\/p>\n They welcomed the Court\u2019s recognition that converting occupation into annexation by demolishing homes, denying housing permits, and land grabs, violates the\u00a0jus cogens<\/em>\u00a0norm prohibiting the use of force to annex occupied territory.<\/p>\n \u201cMay this historic ruling begin the realisation of the Palestinian people\u2019s fundamental right to self-determination, and peace premised on freedom for all,\u201d the experts said. The ICJ advisory opinion will serve as a critical tool to restore respect for international law, especially at this crucial moment when the Court is also considering Israel\u2019s alleged violations of the Genocide Convention, they added.<\/p>\n The experts recalled that the opinion was delivered 20 years after the same Court ruled on the illegality of Israel\u2019s wall, an authoritative ruling that was largely disregarded by Israel and UN Member States, allowing impunity to reign.<\/p>\n \u201cSince the Court ruling on 19 July, Israel has intensified attacks on the civilian population in Gaza and their natural resources,\u201d they warned.<\/p>\n \u201cIsrael must comply with this advisory opinion, and other ICJ orders issued this year,\u201d they said. \u201cIsrael must stop acting as if uniquely above the law.<\/p>\n \u201cWhile the UN Security Council and General Assembly will consider strategies to ensure a swift end to the illegal occupation\u201d, the experts said, \u201cStates must immediately review all diplomatic, political, and economic ties with Israel, inclusive of business and finance, pension funds, academia and charities.\u201d<\/p>\n They called for an\u00a0arms embargo<\/a><\/em>, an end to all other commercial that may damage the Palestinians, and targeted sanctions, including asset freezes, on Israeli individuals and entities involved in illegal occupation and racial segregation and apartheid policies.<\/p>\n They further called for investigations and prosecutions against those involved in crimes in the occupied Palestinian territory, particularly dual citizens serving in Israel\u2019s military or involved in settler violence.<\/p>\n \u201cThe Court\u2019s findings should also be widely disseminated to ensure that the illegality of Israel\u2019s presence in the occupied territory is fully understood at all levels of the government and reflected in public documents and education systems.\u201d<\/p>\n \u201cLaws and policies that penalise opposition to or impede advocacy against Israel\u2019s occupation and apartheid must be rescinded,\u201d the experts said.<\/p>\n Encouraging States to engage with the International Criminal\u00a0Court, the experts called for a protective presence for Palestinians and demanded access for independent experts and mechanisms to the occupied Palestinian territory.<\/p>\n They also called on the international community to challenge Israel\u2019s deliberate efforts to rewrite the rules of international humanitarian law, using it as \u201chumanitarian camouflage\u201d to legitimise potentially genocidal violence against all Palestinians.<\/p>\n \u201cFor too long, Palestinians have been held hostage to\u00a0realpolitik<\/em>, while Israel has made a mockery of international order and the normative framework of international law,\u201d the experts said. \u201cMay the ICJ advisory opinion be the catalyst for renewed international action to restore and preserve an international order premised on respect for international law.\u201d<\/p>\n<\/div>\n<\/div>\n * The experts:\u00a0Francesca Albanese,<\/strong>\u00a0Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967<\/strong><\/a><\/em>;\u00a0Reem Alsalem,\u00a0<\/strong>Special Rapporteur on violence against women and girls, its causes and consequences<\/strong><\/a><\/em>; Tlaleng Mofokeng<\/strong>,\u00a0Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health<\/strong><\/a><\/em>;\u00a0<\/u>Ben Saul,\u00a0<\/strong>Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism<\/strong><\/a><\/em>;<\/u><\/strong>\u00a0Ashwini K.P.,\u00a0<\/strong>Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance<\/strong><\/a><\/em>; Gina Romero,\u00a0<\/strong>Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association;<\/strong><\/a><\/em>\u00a0Michael Fakhri,\u00a0<\/strong>Special Rapporteur on the right to food<\/strong><\/a><\/em>; Margaret Satterthwaite,\u00a0<\/strong>Special Rapporteur on the independence of judges and lawyers<\/strong><\/a><\/em>; Irene Khan,\u00a0<\/strong>Special Rapporteur on the right to freedom of opinion and expression<\/strong><\/a><\/em>; Siobh\u00e1n Mullally,\u00a0<\/strong>Special Rapporteur on trafficking in persons, especially women and children<\/strong><\/a><\/em>; Balakrishnan Rajagopal,\u00a0<\/strong>Special Rapporteur on the right to adequate housing<\/strong><\/a><\/em>;\u00a0Elisa Morgera,\u00a0<\/strong>Special Rapporteur on the promotion and protection of human rights in the context of climate change<\/strong><\/a><\/em>; Heba Hagrass,\u00a0<\/strong>Special Rapporteur on the rights of persons with disabilities<\/strong><\/a><\/em>; George Katrougalos,\u00a0<\/strong>Independent expert on the promotion of a democratic and equitable international order<\/strong><\/a><\/em>; Farida Shaheed,\u00a0<\/strong>Special Rapporteur on the right to education<\/strong><\/a><\/em>;\u00a0Cecilia Bailliet,\u00a0<\/strong>Independent Expert on human rights and international solidarity<\/strong><\/a><\/em>; Astrid Puentes,\u00a0<\/strong>Special Rapporteur on the human right to a clean, healthy and sustainable environment<\/strong><\/a><\/em>; Olivier De Schutter,\u00a0<\/strong>Special Rapporteur on extreme poverty and human rights<\/strong><\/a><\/em>; Surya Deva,\u00a0<\/strong>Special Rapporteur on the right to development<\/strong><\/a><\/em>; Pedro Arrojo-Agudo,\u00a0<\/strong>Special Rapporteur on the human rights to safe drinking water and sanitation<\/strong><\/a><\/em>; Paula Gaviria Betancur,\u00a0<\/strong>Special Rapporteur on the human rights of internally displaced persons<\/strong><\/a><\/em>;\u00a0Dorothy Estrada Tanck (Chair), Laura Nyirinkindi (Vice-Chair), Claudia Flores, Ivana Krsti\u0107, and Haina Lu,\u00a0<\/strong>Working group on discrimination against women and girls<\/strong><\/a><\/em>; Carlos Salazar Couto (Chair-Rapporteur), Michelle Small, Ravindran Daniel, Jovana Jezdimirovic Ranito, Sorcha MacLeod,\u00a0<\/strong>Working Group on the use of mercenaries<\/strong><\/a><\/em>; Barbara G. Reynolds (Chair), Bina D\u2019Costa, Dominique Day,\u00a0<\/u><\/strong>Working Group of Experts on People of African Descent<\/strong><\/a><\/em>,\u00a0<\/u>Fernanda Hopenhaym\u00a0(Chairperson),\u00a0Pichamon Yeophantong,\u00a0Damilola Olawuyi,\u00a0Robert McCorquodale\u00a0and\u00a0Elzbieta\u00a0Karska,\u00a0<\/strong>Working Group on the issue of human rights and transnational corporations and other business enterprises<\/strong><\/a><\/em><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"![\"\"](\"https:\/\/www.un.org\/unispal\/wp-content\/uploads\/2024\/07\/ls-project-85-slide-1.jpg\")
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