(Photo by Gary Raynaldo / ©Diplomatic Times) Press briefing of the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel. Ms. Navanethem Pillay (Chair), along with members, Mr. Miloon Kothari and Mr. Chris Sidoti addressed reporters at UN world headquarters in New York Oct. 27, 2022
By Gary Raynaldo – DIPLOMATIC TIMES
UNITED NATIONS – NEW YORK – Israel’s occupation of Palestinian territory is unlawful under international law due to its permanence and the Israeli government’s de facto annexation policies, a UN-appointed Commission of Inquiry told the UN General Assembly Thursday. The three member Commission is pushing for the issue to be referred to the International Court of Justice (ICJ), the UN’s highest court. They stressed that under international humanitarian law, the occupation of territory in wartime is a temporary situation and does not deprive the occupied power of its statehood or sovereignty.
“Recent statements by the Secretary-General and numerous Member States have clearly indicated that any attempt at unilateral annexation of a State’s territory by another State is a violation of international law and is null and void; 143 member States including Israel last week, voted in favour of a General Assembly resolution reaffirming this,” said Navi Pillay, the Commission Chair.
“Unless universally applied, including to the situation in the Occupied Palestinian Territory, this core principle of the United Nations Charter will become meaningless”, she added.
The Commission has called on the UN General Assembly to request an urgent Advisory Opinion from the ICJ on the legal consequences of the occupation.
(Photo by Gary Raynaldo / ©Diplomatic Times) Press briefing of the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel. Ms. Navanethem Pillay (Chair), along with members, Mr. Miloon Kothari and Mr. Chris Sidoti addressed reporters at UN world headquarters in New York Oct. 27, 2022
Israeli Actions May Amount To International Crimes: COI Chair
“It’s clear to us that the polices and actions by the Israeli government may amount to international crimes. This includes the war crime of transferring directly or indirectly part of one’s own civilian population into the occupied territory. And a crime against humanity of deportation and forceable transfer.”
-Ms. Navanethem Pillay (Chair COI )
Pilay is a South African jurist and former UN high commissioner for human rights. Pillay grew up in apartheid-era South Africa.
DIPLOMATIC TIMES VIDEO / Press briefing of the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel. Ms. Navanethem Pillay (Chair), along with members, Mr. Miloon Kothari and Mr. Chris Sidoti addressed reporters at UN world headquarters in New York Oct. 27, 2022
For their report, the Commissioners reviewed the policies and actions Israel has used to maintain the occupation and annex parts of the Occupied Palestinian Territory. They focused on how Israel has sustained and advanced its “settlement enterprise”, including statements made by Israeli officials indicating the intent to maintain permanent control over the land in violation of international law.
The Commission concluded that by continuing to occupy the territory by force, Israel incurs international responsibilities and remains accountable for violations of the rights of the Palestinians, both individually and as a people.
“By ignoring international law in establishing or facilitating the establishment of settlements, and directly or indirectly transferring Israeli civilians into these settlements, successive Israel governments have set facts on the ground to ensure permanent Israeli control in the West Bank,” said Ms. Pillay.
International Action Required: UN Commission
The Commission reviewed statements by Israeli officials indicating that Palestinian construction is seen as an impediment to settlements, requiring action such as confiscation, demolitions and displacement. The report concludes by saying that some of the Israeli government policies and actions may constitute “elements” of crimes under international criminal law, including the war crime of transferring part of your own civilian population into occupied territory.
“The actions of Israeli Governments reviewed in our report, constitute an illegal occupation and annexation regime that must be addressed,” said Commissioner Chris Sidoti.
“The international system and individual States must act and uphold their obligations under international law. That must begin at this session of the General Assembly with a referral to the International Court of Justice.”
