By Anjali Sharma
UNITED NATIONS – According to a new legal position paper released by a top independent human rights panel on Friday stated that all States and international organizations, including the United Nations, have obligations under international law to bring to an end Israel’s unlawful presence in the Occupied Palestinian Territory
UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel details the obligations for Israel, third-party States and the UN to bring to an end the unlawful occupation,.
Navi Pillay, chair of the UN Human Rights Council-mandated commission said “Israel’s internationally wrongful acts give rise to State responsibility, not only for Israel, but for all States.”
“All States are obligated not to recognise territorial or sovereignty claims made by Israel over the occupied territories.”
Ms. Pillay said that States must demonstrate how their dealings differ regarding Israel and the Occupied Palestinian Territory.
She noted that a State must not recognize Jerusalem as the capital of Israel or place its diplomatic representatives to Israel in Jerusalem, which Palestinians claim as the capital of their future State.
The States must not render aid or assistance in maintaining the unlawful occupation, which includes financial, military and political aid or support, she said
The paper details how the General Assembly and the Security Council can identify and implement the precise actions required to bring the occupation to an end as rapidly as possible.
The commission found that the advisory opinion of the International Court of Justice on the legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, is authoritative and unambiguous in stating that Israel’s continued presence in the Occupied Palestinian Territory is unlawful.
“The commission has always stated that the root cause of the protracted conflict and cycles of violence is the occupation,” Ms. Pillay said.
She noted that its 2022 report to the General Assembly had concluded that the occupation is unlawful under international law.
“The Commission welcomed the historic advisory opinion from the highest court in the United Nations system,” she said.
“It is incumbent on all States to work cooperatively in order bring the unlawful occupation to an end and to work towards the full realisation of the right of the Palestinian people to self-determination,” Ms. Pillay said.
She called on all States to implement the General Assembly resolution passed on 13 September 2024.
General Assembly on 17 September adopted a resolution during its 10th emergency special session called for an end to Israeli occupation of the Occupied Palestinian Territory within one year.
UN Human Rights Council mandated the commission in May 2021 to “investigate, in the Occupied Palestinian Territory, including East Jerusalem, and in Israel, all alleged violations of international humanitarian law and all alleged violations and abuses of international human rights law leading up to and since 13 April 2021”.
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