A position paper issued by the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel concluded that Israel has violated and continues to violate the right of the Palestinian people to self-determination through its long-term occupation, settlement and annexation of the Palestinian territory occupied since 1967. .
The committee issued the paper, which was published today, Friday, under the title “Legal Consequences Arising from Israel’s Policies and Practices in the Occupied Palestinian Territory, Including East Jerusalem,” and within the framework of the United Nations General Assembly resolution requesting the International Court of Justice to issue a fatwa (advisory opinion). Concerning the Israeli occupation of Palestinian land.
The International Commission of Inquiry noted that “the legal consequence of violating the right of the Palestinian people to self-determination, which is an obligation towards everyone, lies with the State of Israel.”
She added that "the Israeli occupation, which has lasted 56 years now, is illegal under international law," stressing that the result of illegal acts requires legal consequences for Israel to put an end to the "internationally wrongful act." She also stressed that all countries and the United Nations are obligated to act urgently to put an end to these illegal acts.
The UN Human Rights Council granted the Commission of Inquiry its mandate on May 27, 2021 to investigate “within the occupied Palestinian territory, including East Jerusalem, and inside Israel all alleged violations of international humanitarian law and all alleged violations and abuses of international human rights law that preceded April 13.” April 2021 and has occurred since this date.”
In July 2021, the President of the Human Rights Council announced the appointment of Navanethem Pillay (from South Africa), Milon Kothari (from India) and Chris Sidoti (from Australia) to be the three members of the Commission of Inquiry.
It is noteworthy that, on December 30, 2022, the United Nations General Assembly adopted, by a majority, the draft resolution on Israeli practices that affect the human rights of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem.
Despite the political pressure exerted by Israel, the occupying power, and some of its friendly countries, 87 countries voted in favor of this resolution, 26 countries opposed it, while 53 countries abstained from voting.
In adopting this resolution, the United Nations General Assembly referred the request to the International Court of Justice to provide a legal advisory opinion on the legal consequences resulting from Israel’s continued violation of the right to self-determination of the Palestinian people, its long-term occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures Aiming to change the demographic composition, character and status of the city of Jerusalem, in addition to how Israel’s policies and practices affect the legal status of the occupation and what are the legal implications of this status for all countries and the United Nations.
On January 17, 2023, the International Court of Justice received a request from the United Nations General Assembly to submit its legal advisory opinion (fatwa), through a letter sent by the Secretary-General of the United Nations, António Guterres.
On February 3, 2023, the International Court of Justice set July 25, 2023, as a deadline for receiving written pleadings from states, the United Nations, and the State of Palestine, and for submitting all information and papers related to the question contained in the resolution of the United Nations General Assembly, while Relates to the issue of the legal fatwa on the nature of the Israeli occupation.
The International Court of Justice is the main judicial body of the United Nations. It was established under the United Nations Charter in June 1945 and began its activities in April 1946.
The court consists of 15 judges elected by the United Nations General Assembly and its UN Security Council, for a term of nine years. The court is headquartered in the "Peace Palace" in the Dutch city of The Hague.
The Court plays a dual role in settling legal disputes brought before it by states, in accordance with international law, and through binding and non-appealable rulings by the parties concerned, in addition to issuing advisory opinions (advisory opinions) on legal issues referred to it by the organs and agencies of the United Nations authorized by it. Assets.
