Friday, October 21, 2022

UN determines that the Israeli occupation of Palestinian territory is illegal

A United Nations commission of inquiry has determined Thursday that the Israeli occupation of Palestinian territory is illegal under international law.


A 'checkpoint' in Hebron, West Bank - 
MAMOUN WAZWAZ / ZUMA PRESS

The chairwoman of the commission, Navi Pillay, former UN High Commissioner for Human Rights, said there are "reasonable grounds" to conclude that the Israeli occupation violates international norms.

The United Nations International Independent Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel issued its first report to the General Assembly on Thursday, explaining that the Israeli government's continued annexation policies are the reason for its failure to comply with international law.

According to international humanitarian law, the occupation of territory in time of war is a temporary situation and does not deprive the occupied power of its statehood or sovereignty.

"Recent statements by (UN Secretary-General António Guterres) and numerous member states have clearly indicated that any attempt at unilateral annexation of the territory of one state by another state is a violation of international law and is null and void," Pillay explained in reference to last week's General Assembly vote in which 143 member states, including Israel, rejected Russia's annexation of four Ukrainian territories.

The commission has indicated that, therefore, this fundamental principle of the UN Charter "will cease to have meaning" in the event that it is not universally applied.

In reaching its conclusions, the commission has reviewed the policies and actions employed by Israel to maintain the occupation and annex parts of the occupied Palestinian territory.

Among those actions, they highlight how Israel has sustained and advanced its "settlement enterprise," which includes statements by Israeli officials reaffirming the intention to maintain permanent control over the land in violation of international law.

"By ignoring international law in establishing or facilitating the establishment of settlements, and by directly or indirectly transferring Israeli civilians to these settlements, successive Israeli governments have established facts on the ground to ensure Israel's permanent control in the West Bank," said Pillay.

According to the report, Israel continues to violate the rights of Palestinians individually and as a people as a whole, as it expropriates land and natural resources, actions that require confiscation, demolition and displacement of residents.

"There is so much 'silent harm' and psychological trauma, which may not be immediately apparent, as a result of the erosion of economic, social and cultural rights. These debilitating processes have serious short- and long-term consequences and must be addressed urgently," warned Commissioner Miloon Kothari.

In this regard, the independent UN body analyzed the impact of occupation and annexation policies specifically on women and children. In addition, he assured that "this continuous coercive environment has fragmented Palestinian society".

The report concludes that some of the policies and actions of the Government of Israel leading to the permanent occupation and de facto annexation may constitute elements of crimes under international criminal law, including the war crime of transferring, directly or indirectly, part of the civilian population's own property to the occupied territory, and the crime against humanity of deportation or forcible transfer.

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