Special Rapporteur Calls Israel’s Occupation of Palestinian Territory Unlawful
Mandate holders presenting reports on human rights situations in the Occupied Palestinian Territory, Somalia, Ethiopia, Burundi and Eritrea today defended their work against delegates’ criticism of their activities, as the Third Committee (Social, Humanitarian and Cultural) continued its interactive dialogues on human rights.
The first of six mandate holders to brief the Committee today, Navanethem Pillay, Chair of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem and Israel, presented her Commission’s report, expressing grave concern that ongoing occupation in the Palestinian territory is expanding and becoming permanent, while hiding behind a fiction of temporariness. This permanence and annexation have led the Commission to conclude that Israel’s occupation is now unlawful, she said.
Further, actions of the Israeli Government may constitute the war crime of displacing a civilian population, she said. Calling on the General Assembly to address Palestine’s continued occupation due to the persistent refusal of successive Israeli Governments to abide by international law, she asked that it seek the opinion of the Prosecutor of the International Criminal Court.
In the ensuing interactive dialogue, the representative of Israel rejected Ms. Pillay’s report as illegitimate, adding that antisemitism may be politically incorrect today, but the world now burns the Jewish State as it once burned Jews at the stake. He cited the disproportionate focus of the Human Rights Council on his country, adding that the body has adopted more resolutions condemning Israel than it has on Syria, the Democratic People’s Republic of Korea and Iran combined.
The observer for the State of Palestine underscored that the law, not opinion, states that Israel has no sovereignty over the Occupied Palestinian Territory, condemning Israel’s refusal to allow United Nations mandate holders to visit the country. Decrying that Israel has not implemented a single General Assembly resolution requiring the country to guarantee the safety of Palestinians, she asked what third‑party obligations are regarding impunity in the context of occupation.
Others were divided, with the representatives of Australia and Albania expressing concerns about the open-ended mandate, while the representatives of Namibia and South Africa supported it, with the latter underscoring that Israel is practising apartheid, not an assertion he would make lightly given his country’s history.
Sharing her colleague’s concern, the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Francesca Albanese highlighted growing violence marked by systematic targeting and extrajudicial killings of Palestinians by Israeli forces, while Israeli “settlers” destroy property and terrorise unarmed civilians and their children with impunity. Labelling Israel’s persistent denial of the Palestinian people’s inalienable right to self-determination as “de-Palestinianization”, she underscored the tragic irony that Israel has advanced its occupation under the pretence of security reasons under the watch of the same international community that has vowed to end colonialism.
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Interactive Dialogues: Occupied Palestinian Territory
NAVANETHEM PILLAY, Chairperson of the Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem and Israel, presenting her report (document A/77/328), highlighted the responsibility of Member States to ensure a just solution for the situation in Israel and Palestine that protects the human rights of all. Israel is treating the occupation as permanent, she said, annexing parts of the West Bank while hiding behind a fiction of temporariness. This permanence and annexation, including the purported de jure annexation of East Jerusalem and the Golan Heights, have led the Commission to conclude that Israel’s occupation is now unlawful, she added. Actions of the Israeli Government may constitute the war crime of transferring – directly or indirectly – part of one’s own civilian population as well as deportation or forcible transfer.
Her Commission’s mandate is to consider the conflict and occupation in its full context to uncover the root causes of the now 75-year-long protracted conflict, identify the role of third States and outline accountability measures, she said It has concluded that permanent occupation and de facto annexation policies serve as a root cause of instability and protracted conflict. Noting Israel’s security-based justifications for some of its actions, the Commission found that many actions in the West Bank are often used as a pretext to justify territorial expansion and that it could not identify efforts to end the occupation. Instead, statements made by officials indicate that the State intends for the occupation to be permanent. Citing coercive treatment of Palestinians, including destruction of properties and homes, mass incarceration and limitations on access to livelihoods, she said this environment is meant to force Palestinians to leave their homes to make room for more Israeli settlements. The report suggests that Israel has no intention of ending the occupation, and the conflict, if left unaddressed by the international community, will continue interminably, she said. The General Assembly should address the fact that Palestine is occupied due to the persistent refusal of successive Israeli governments to abide by international law. Next month, it will be 55 years since the Security Council adopted resolution 242, calling for Israel to withdraw from territories it occupied in the 1967 war, and yet Israel remains in occupation without any consequence, she said. Her Commission strongly recommends that the Assembly request an urgent advisory opinion from the International Court of Justice on the legal consequences of Israel’s permanent occupation of the Occupied Palestinian Territory, of policies employed to achieve this and of its refusal to respect the right of the Palestinian people to self-determination.
In the ensuing interactive dialogue, the representative of Israel recounted the death of five-year-old Ido Avigal by Hamas rocket shrapnel that penetrated a bomb shelter in Lod during a strike. He said that his story, like those of all Israeli victims of terror, is omitted from the hate-filled Commissioners’ report, as it deliberately omits Hamas rockets in lieu of placing blame on the law-abiding democracy of Israel. Pointing to Ido Avigal’s parents in the conference room, he asked Commission members to explain why they ignored their son’s murder, calling them heartless and dismissing the report as illegitimate. He said that, although it is no longer politically correct today to be antisemitic, the world now burns the Jewish State, as it once burned Jews at the stake, and decried the Human Rights Council’s disproportionate targeting of his country. The Council has adopted more resolutions condemning Israel than condemning Syria, the Democratic People’s Republic of Korea and Iran combined, he said. Adding that this inquisition of the Commission of Inquiry is led by countries like Libya, Venezuela and China, he cited the United States and United Kingdom’s opposition to Ms. Pillay’s open-ended mandate, calling her and her colleagues antisemitic and non-objective.
The observer for the State of Palestine said that Israel has no sovereignty over the Occupied Palestinian Territory, including East Jerusalem. This is guaranteed by law and not an opinion, she stressed. She condemned Israel’s refusal to allow the Special Rapporteur and Commission of Inquiry entry, as well as its obstructing Security Council visits to the Territories, stating that this is evidence of Israel’s efforts to hide its colonial and apartheid regime. The occupation is ongoing with no end in sight, she said. As outlined in Ms. Pillay’s report, Israel has no intention of ending the occupation and will only further entrench it. She said that transferring Israeli citizens into occupied territories, land confiscation and military-supported settler attacks prove this. Further, not one General Assembly resolution has been implemented by the Government, she lamented, citing resolutions 242, 476 and 904, the latter of which will prevent illegal acts of settler violence and guarantee the safety of Palestinians. Israel’s refusal to implement these resolutions and the continued lack of action or accountability from the international community will only result in more arbitrary detentions, land theft, maimings and killings. She asked what third party obligations are regarding impunity in the context of occupation.
The representative of the European Union, in its capacity as observer, said that his delegation did not support the creation of this Commission of Inquiry because of concerns over its broad mandate. He expressed great concern over the occupation that began in 1967, calling on Israel to significantly improve the lives of the Palestinian people.
The representative of Guatemala said that the Inquiry must be impartial and objective, rejecting antisemitic elements of the report and all attacks against Israel.
The representatives of Australia and Albania expressed similar concerns about the open-ended mandate.
The representative of South Africa said the report details tactics that were the same under South African apartheid. Israel is practicing an apartheid regime against the Palestinian people and occupied territories, he said, underscoring that this is not an assertion he would make lightly.
The representatives of the Russian Federation, Türkiye, Egypt and China stressed that the two-State solution along the 1967 borders is the only solution to this conflict.
The representative of Iran said the brutal Israeli regime has labelled Palestinian non-governmental organizations as terrorist groups, which is another attempt to stifle information akin to its army’s killing of journalist Shireen Abu Akleh.
The representative of Namibia expressed support for the Commission’s work and had no objection to the open-ended mandate, stressing that energy used to condemn the mandate should be used to end the conflict. While the United Nations is acclaimed for its decolonization work, its failure to find solutions to this conflict is a blemish on its reputation, she said.
Taking the floor again, the observer for the State of Palestine expressed deep concern over criticism of the open-ended mandate, as the occupation brutalizing a people for over 50 years is also open-ended.
Responding to delegates, Ms. PILLAY said: “I am 81 years old, and this is the first time I have been accused of antisemitism.” Expressing astonishment at antisemitic labels for the report, she stressed that it is based on law and that Israel is bound by international law, just like all countries. Addressing criticism of the mandate itself, she said it is open-ended and will allow time to address issues raised, such as armed Palestinian groups and the implications of the conflict on children. She said that the Commission condemns all violence and expressed condolences to the mother of Ido Avigal, adding that, if Israel will allow her Commission access to the country, she will express her sympathies personally to all victims. Returning to the report, she recalled that it asks the General Assembly to solicit an opinion from the International Court of Justice on whether the occupation is lawful. She said her Commission will investigate all violations of international and human rights law, noting that the report includes the high number of Israeli casualties during the Second Intifada in 2007, when over 1,200 Israelis were killed, along with more than 4,200 Palestinians. Further, it will investigate Palestinian armed groups as well as their actions against civilians. Acknowledging Israel’s legitimate security concerns, she underscored that its actions must conform to international law and that the permanent dispossession and rights denial of the Palestinian people “will never be a recipe for peace”. Adding that the role of civil society is to bring awareness to this issue, she hailed the bravery of Palestinian and Israeli actors, despite restrictions on free speech.
Also speaking were representatives of the Netherlands, Cuba, Hungary, Malaysia, Germany, Uruguay, Austria, United Kingdom, Marshall Islands (on behalf of a group of countries), Albania, Bulgaria, Czechia, Canada, Ireland, Liberia, Palau, Tunisia, United States, Syria, Malta and Italy.
FRANCESCA ALBANESE, Special Rapporteur on the Situation of Human Rights in the Palestinian Territory Occupied since 1967, presenting her report, stressed that the Occupied Palestinian Territory is experiencing yet another spike in violence, marked by heavy loss of Palestinian lives. The systematic targeting and extrajudicial killing of Palestinians by Israeli forces, while Israeli “settlers” destroy properties and attack, shoot and terrorize unarmed civilians and their children, occurs daily and with complete impunity. This is not an “intractable” conflict between two parties borne of irreconcilable rivalry and incompatible senses of identity. This is the result of a reality shaped by protracted injustice, where two peoples are trapped by an anachronistic settler-colonial enterprise: one the colonizer, the other colonized. The Israeli occupation has crystallized into an apartheid regime, she asserted, criticizing the international community’s tolerance of Israel’s defiant violation of the most basic provisions of international law.
She went on to underscore that for 55 years Israel has attempted to bury the Palestinian people’s inalienable right to self-determination in the occupied territory, which accounts for only 22 per cent of pre‑1948 Palestine. The reality of Palestinians living under occupation is marked by the persistent violation by Israel of the right to self-determination. Israel’s systematic violation of the core components of self-determination exposes the nature of its occupation: a segregationist and repressive regime designed to prevent the realization of the Palestinian people’s right to self-determination, pursuing the “de-Palestinianization” of the occupied territory. In a tragic irony, Israel has been allowed to advance its colonization under the pretence of an occupation maintained for security reasons, all under the watch of the same international community that long ago vowed to end colonialism.
She noted that the past 55 years demonstrate that tolerating Israel’s continued non-compliance with its international legal obligations breeds impunity. Calling for a paradigm shift in approaching the Israel-Palestine question, she urged the Government of Israel to cease impeding Palestinian self-determination by unconditionally ending the occupation and the interconnected apartheid practices, starting with the withdrawal of its military troops. Furthermore, she continued, third States must not recognize as lawful, nor aid or assist, the illegal situation created by Israel’s internationally wrongful acts.
In the ensuing debate, the observer for the State of Palestine, stressing the utter importance of the right to self-determination to the Palestinian People, opposed Israel’s “veto right” over Palestine’s statehood. Echoing the report of the Special Rapporteur, who characterized the occupation as settler-colonial, she said that, today, there are 700,000 Israeli settlers unlawfully present in the Occupied Palestinian Territory. In this context, she asked about the obligations of States and other international actors as well as the role of the General Assembly.
The representative of Cuba emphasized that Israeli policies towards Palestine counter the Charter of the United Nations and United Nations resolutions as well as threaten international peace and security. Peace must be based on the two-State solution, he noted.
In a similar vein, the representative of South Africa underlined that Israel must be held accountable for committing the crime of apartheid as part of its broader system of oppression and domination over the Palestinian people. Denial of the right to self-determination is a key element of colonialism, she said, noting that Israel’s continued colonial occupation is a violation of international human rights law.
The representative of Indonesia said that Israel has violated every aspect of Palestinian society, including its political, economic and cultural spheres. She condemned the intentional segregation of the Palestinian people and the denial of their right to self-determination, calling on Israel to end its apartheid regime.
The representative of Türkiye expressed deep concern over the lack of progress towards a resolution of the Israeli-Palestinian conflict as well as the lack of interest of the international community in finding a just solution to the conflict.
The representative of Iran cautioned that Palestinian basic rights, including the right to housing and employment, are being violated daily. Furthermore, the international community is witnessing a new wave of illegal settlements, she said, calling on Israel to end its occupation and restore the right of the Palestinian people to self-determination.
Meanwhile, the representative of the United Kingdom, voicing concern over the high number of Palestinian deaths by Israeli Forces so far in 2022, said his Government fully supports Israel’s right to self-defence, but where there are accusations of excessive use of force, it advocates swift, transparent investigations. The United Kingdom is appalled by terrorist attacks against Israeli citizens and the resulting deaths, he said, asking what confidence-building measures can be advanced to improve the lives of Palestinians and lay the foundation for final status negotiations.
Responding, Ms. ALBANESE stressed that the occupying power refuses to withdraw its troops and its colonial presence from the Occupied Palestinian Territory, over which it has no sovereignty. The Government of Israel declines to respond to issues of concern and allow visits to the territory, she said, noting that Israel engages in vilification of human rights mechanisms by attacking them with allegations of antisemitism and bias. Criticizing the paralysis of the United Nations Security Council, she said Israel loudly attempts to divert attention from the reality on the ground. “The law is clear, and the reality is fully documented,” she asserted, opposing the false equivalence pushed on the parties: One is the occupier, and one is the occupying. One is the colonizer, and the other is the colonized. Israel’s actions amount to a crime of aggression, she underscored, noting that Palestinians should not be pushed to negotiate conditions with their colonizers. She also emphasized that humanitarian aid might be necessary but is never a substitute for a political solution. International law is only as valid as the will of States to enforce it, she said, calling for strengthened accountability.
Also speaking were representatives of Luxembourg, Egypt, Chile, Venezuela, Democratic People’s Republic of Korea, Syria, Saudi Arabia, Malaysia, Qatar, Micronesia (associating with the Marshall Islands), Norway, Azerbaijan (on behalf of the Non-Aligned Movement), Niger, Russian Federation, China, Tunisia (associating with the Non-Aligned Movement), Namibia and Mali. The representative of the European Union, in its capacity as observer, also spoke.
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Document Sources: European Union (EU), General Assembly, General Assembly Third Committee (Social Humanitarian and Cultural), Non-Aligned Movement (NAM)(See also - Committee on Palestine), Special Rapporteur on the situation of human rights in the OPT, United Nations Department of Global Communications, United Nations Independent International Commission on the oPt, including E. Jerusalem, and Israel
Country: Albania, Australia, Austria, Azerbaijan, Bulgaria, Chile, China, Cuba, Czechia, Egypt, Germany, Guatemala, Hungary, Indonesia, Iran (Islamic Republic of), Ireland, Israel, Italy, Liberia, Luxembourg, Malaysia, Mali, Malta, Marshall Islands, Micronesia, Namibia, Netherlands, Niger (The), Norway, Palau, Russian Federation, Saudi Arabia, South Africa, Syria, Tunisia, Türkiye, United Kingdom, United States of America, Uruguay
Subject: Human rights and international humanitarian law, Legal issues, Occupation
Publication Date: 27/10/2022
URL source: https://press.un.org/en/2022/gashc4360.doc.htm