Any peace plan must respect international law, beginning with self-determination and accountability, urge UN experts

GENEVA – UN experts* today expressed hope for a permanent ceasefire in Gaza but warned that any peace plan must absolutely safeguard the human rights of Palestinians, and not create further conditions of oppression.

“We welcome parts of the peace plan announced by the United States to end the war in Gaza, including a permanent ceasefire, rapid release of unlawfully detained persons, an influx of humanitarian aid under United Nations supervision, no forced displacement from Gaza, the withdrawal of Israeli forces and the non-annexation of territory,” the experts said. “These are broadly requirements of international law that should not depend on a formal peace plan.”

The experts warned that key elements of the plan are nevertheless deeply inconsistent with fundamental rules of international law and the 2024 Advisory Opinion of the International Court of Justice that demand that Israel ends its unlawful presence in the Occupied Palestinian Territory.

“Imposing an immediate peace at any price, regardless of or brazenly against law and justice, is a recipe for further injustice, future violence and instability,” they said.

The experts highlighted major concerns about the following aspects:

• The Palestinian right of self-determination, including through independent statehood, is not guaranteed as international law requires, and is subject to vague pre-conditions concerning Gaza’s redevelopment, Palestinian Authority reform, and a “dialogue” between Israel and Palestine. Palestine’s future would thus be at the mercy of decisions by outsiders, not in the hands of Palestinians as international law commands. The plan also preserves the failed status quo of requiring more negotiations with Israel, when the Israeli Prime Minister has already declared that Israel would “forcibly resist” statehood. This is blatantly against the International Court of Justice (ICJ) finding that fulfilling the right of self-determination cannot be made conditional upon negotiations.
• The “temporary transitional government” is not representative of Palestinians and even excludes the Palestinian Authority, further violating self-determination and lacking legitimacy. There are no concrete benchmarks or timeframes for a transition to representative governance, which belongs to the Palestinians only, without foreign interference.
• Oversight by a “Board of Peace” chaired by the US President is not under United Nations authority or transparent multilateral control, while the US is a deeply partisan supporter of Israel and not an “honest broker.” This proposal is regrettably reminiscent of colonial practices and must be rejected.
• An “International Stabilisation Force”, outside the control of the Palestinian people and the United Nations as a guarantor, would replace Israeli occupation with a US-led occupation, contrary to Palestinian self-determination.
• Partial Israeli occupation could continue indefinitely through a “security perimeter” inside Gaza’s borders, which, is absolutely unacceptable.
• The demilitarisation of Gaza has no end date and, if permanent, could leave it vulnerable to Israeli aggression. Nothing is said regarding the demilitarisation of Israel, which has committed international crimes against the Palestinians and threatened peace and security in the region through aggression against other countries.
• Deradicalisation is imposed on Gaza only, while anti-Palestinian and anti-Arab sentiments, radicalisation and public incitement to genocide have been hallmarks of dominant rhetoric in Israel over the past two years.
• The plan largely treats Gaza in isolation from the West Bank including East Jerusalem, when these areas must be regarded as a unified Palestinian territory and State.
• An “economic development plan” and “special economic zone” could result in illegal foreign exploitation of resources without Palestinian consent.
• There is no duty on Israel and those who have sustained its illegal attacks in Gaza to compensate Palestinians for illegal war damage.
• The plan provides for the release of all Israeli hostages but only some of the many arbitrarily detained Palestinians.
• Amnesties offered to Hamas seem to be unconditional, even if they committed international crimes, denying justice for victims of international crimes.
• The plan does not address accountability at all for Israeli international crimes and human rights violations against the Palestinian people. There is no commitment to transitional justice, historical truth-telling or genuine reconciliation. There is also no guaranteed access for independent journalists. Accountability and justice are integral to sustainable peace.
• The plan does not address other fundamental issues such as ending illegal Israeli settlements in the West Bank including East Jerusalem, borders, compensation, and refugees.
• The plan does not provide a leading role for the United Nations, General Assembly or Security Council, or specifically for the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), which is vital to assisting and protecting Palestinians.

“Any peace plan must respect the ground rules of international law,” the experts said. “The future of Palestine must be in the hands of the Palestinian people – not imposed by outsiders under extreme conditions of duress in yet another scheme to control their destiny.”

The experts recalled that the International Court of Justice had been crystal clear. “Conditions cannot be placed on the Palestinian right of self-determination,” they said. “The Israeli occupation must end immediately, totally and unconditionally, with due reparation made to the Palestinians.”

“The United Nations – not Israel or its closest ally – has been identified by the ICJ as the legitimate authority to oversee the end of the occupation and the transition towards a political solution in which their right of self-determination is fully realised,” the experts said.