Report of the UN Secretary-General – 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, and from the illegality of the continued presence of Israel in the Occupied Palestinian Territory

19 December 2024

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Seventy-ninth session

Agenda item 34

The situation in the Middle East

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, and from the illegality of the continued presence of Israel in the Occupied Palestinian Territory

Report of the Secretary-General

I. Introduction

1. The present report is submitted pursuant to General Assembly resolution ES‑10/24, in which the Assembly requested the Secretary-General to submit to it a report on the implementation of resolution ES‑10/24 within three months of the adoption of the resolution, including on any actions taken by Israel, other States and international organizations for the implementation of its provisions or for any violations thereof.

II. Background and methodology

2. On 30 December 2022, the General Assembly adopted resolution 77/247, in which it decided, in accordance with Article 96 of the Charter of the United Nations, to request the International Court of Justice, pursuant to Article 65 of the Statute of the Court, to render an advisory opinion on the following questions:

(a)     What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?

(b)     How do the policies and practices of Israel referred to above affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?

3. On 19 July 2024, the International Court of Justice delivered its advisory opinion on the legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, and from the illegality of the continued presence of Israel in the Occupied Palestinian Territory. The Court concluded, inter alia, that “the State of Israel’s continued presence in the Occupied Palestinian Territory is unlawful” and that “the State of Israel is under an obligation to bring to an end its unlawful presence in the Occupied Palestinian Territory as rapidly as possible”.
4. On 18 September 2024, the General Assembly adopted resolution ES‑10/24, in which it, inter alia, welcomed the advisory opinion and made several demands of and requests to Member States, observers and international organizations, including the United Nations. The operative paragraphs of the resolution include the following: a demand that Israel end without delay its unlawful presence in the Occupied Palestinian Territory, which constitutes a wrongful act of a continuing character entailing its international responsibility, and do so no later than 12 months from the adoption of that resolution, and to comply without delay with all its obligations under international law, including as stipulated by the International Court of Justice (Assembly resolution ES‑10/24, paras. 2 and 3); a call upon all States to comply with their obligations under international law, inter alia, as reflected in the advisory opinion (ibid., para. 4); a call upon international organizations, including the United Nations, and regional organizations not to, inter alia, recognize as legal the situation arising from the unlawful presence of Israel in the Occupied Palestinian Territory and to distinguish, in their relevant dealings, between Israel and the Occupied Palestinian Territory and not to recognize, or cooperate with or assist in any manner in, any measures undertaken by Israel to exploit the natural resources of the Occupied Palestinian Territory or to effect any changes in the demographic composition or geographic character or institutional structure of the Territory (ibid., para. 6); and a call upon the United Nations, and its bodies and organs, to respect and act in a manner consistent with the determinations made by the International Court of Justice, including in relation to all relevant maps, statements and reports, as well as in their respective programmes and actions (ibid., para. 7). The Assembly, in paragraph 17 of resolution ES‑10/24, requested the Secretary-General to submit to it a report on the implementation of the resolution within three months of its adoption.
5. The territorial scope of the Palestinian territory occupied since 1967 encompasses the West Bank, including East Jerusalem, and the Gaza Strip. United Nations organs and bodies refer to this territory as the Occupied Palestinian Territory, frequently referring to its different constituent parts, including the West Bank or the Gaza Strip, as applicable. The same practice has been followed in the present report. However, as recalled by the International Court of Justice in its advisory opinion, from a legal standpoint, “the Occupied Palestinian Territory constitutes a single territorial unit, the unity, contiguity and integrity of which are to be preserved and respected”.
6. On 11 October 2024, the Secretary-General sent a note verbale to the Permanent Representatives of all Member States, the Permanent Observer of the State of Palestine and all observers of the General Assembly in New York, drawing their attention to the relevant provisions of the resolution and requesting any pertinent information concerning any action taken or envisaged in relation to its implementation. Responses were received from 32 Member States, the State of Palestine and two regional organizations: the League of Arab States and the Organization of Islamic Cooperation. The responses from all States and regional organizations are reproduced in annexes I and II, respectively.
7. On 17 October 2024, the Secretary-General addressed a communication to the heads of United Nations entities, specialized agencies and related organizations inviting them to contribute to the preparation of the present report, including through the submission of any information concerning the implementation of the relevant provisions of resolution ES‑10/24 by the respective United Nations entity, specialized agency or related organization. The United Nations entities, specialized agencies and related organizations consulted are listed in annex III.
8. On 16 October, the Office of the United Nations High Commissioner for Human Rights (OHCHR) sent a note verbale to the Permanent Missions of all Member States, the Permanent Observer of the State of Palestine and all observers of the General Assembly in Geneva inviting them to share their views on proposals for the establishment of a mechanism to follow up on the violations by Israel of article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination identified by the International Court of Justice in its advisory opinion, in accordance with paragraph 14 of resolution ES-10/14. A total of six responses were received, which are reproduced in annex IV of the present report.

III. Member States and observers of the General Assembly

9. The responses received from 32 Member States and observers refer to several economic, political and legal measures that they are undertaking, including with a view to ending the unlawful occupation by Israel of the Palestinian territory occupied since 1967, which encompasses the West Bank, East Jerusalem and the Gaza Strip, and supporting Palestinian rights and sovereignty, as provided for in the advisory opinion. Some of these measures are enumerated below.
10. Economic measures mentioned in the responses of Member States and observers include the following:

• Distinguishing between goods originating in Israel and those originating in the Israeli settlements in the Occupied Palestinian Territory, including through compulsory differentiated labelling of products
• Publishing guidance for companies and citizens on the legal, financial and reputational risks associated with engaging in business dealings with Israeli settlements in the Occupied Palestinian Territory
• Ensuring that corporations registered in the relevant corporate databases of Member States are not in the database developed by OHCHR pursuant to Human Rights Council resolutions 31/36 and 53/25
• Establishing a database of all business enterprises involved in specified activities related to settlements in the Occupied Palestinian Territory
• Imposing sanctions on settlement-related enterprises, including banning goods originating in the Israeli settlements
• Including territorial clauses in bilateral agreements, including trade and investment agreements, that clearly state that the territory of the State of Israel does not extend to any part of the Occupied Palestinian Territory, including East Jerusalem
• Imposing bilateral trade restrictions on Israel aimed at ending its presence in the Occupied Palestinian Territory
• Supporting Palestinian institutions, businesses and communities in the Occupied Palestinian Territory to promote livelihoods, build public infrastructure, improve education and promote other sustainable development initiatives by Palestinians for their communities.

11. Political or diplomatic measures mentioned in the responses of the Member States and observers include the following:

• Recognizing, and establishing full bilateral relations with, the State of Palestine
• Supporting the application of the State of Palestine for membership in the United Nations
• Maintaining separate diplomatic representations for Israel and the State of Palestine and managing diplomatic relations separately with Israeli and Palestinian officials, respectively
• Imposing sanctions or restrictive measures, including asset freezes and travel bans, against “extremist” Israeli settlers or settler organizations
• Reviewing applications for export licences for arms, munitions and related equipment that may be used in the Occupied Palestinian Territory, including on the basis of the relevant provisions of the Arms Trade Treaty, and restricting arms transfers to Israel accordingly
• Supporting the adoption of internationally coordinated sanctions against “extremist” Israeli settlers and the formation of a special mechanism to monitor and enforce sanctions on listed individuals and entities accordingly
• Initiating or joining international initiatives in support of a just and comprehensive peace, such as the Global Alliance for the Implementation of the Two-State Solution, launched during the high-level week of the General Assembly at its seventy-ninth session, and the joint letter calling for a halt to arms transfers to Israel sent by over 50 Member States and regional organizations to the Secretary-General on 1 November 2024.

12. Legal measures seeking accountability for violations of international law as mentioned in the responses received from Member States and observers include the following:

• Providing written or oral submissions in support of ongoing legal proceedings that seek accountability for violations of international law in the Occupied Palestinian Territory, including in the International Court of Justice, and ensuring cooperation with the International Criminal Court
• Supporting the establishment of an “international register of damage” as provided for in paragraph 10 of resolution ES‑10/24
• Advocating for reparations for damages, loss or injury arising from the internationally wrongful acts of Israel in the Occupied Palestinian Territory
• Strengthening legislative frameworks to support Palestinian self-determination and carrying out legal actions for violations of international law, including war crimes and crimes against humanity, through domestic and international courts.

IV. United Nations entities and specialized agencies

13. On 11 October 2024, the Secretariat sent a communication to relevant United Nations entities, specialized agencies and related organizations informing them of the adoption of resolution ES‑10/24 and drawing their attention to its implementation in accordance with the relevant operative paragraphs therein. In the communication, the Secretariat requested that all United Nations entities review any relevant programmes, actions and practices and make adjustments as necessary to ensure consistency with the relevant provisions of resolution ES‑10/24, notably its paragraphs 6, 7 and 16. United Nations entities are in the process of reviewing their respective programmes, actions and practices in that regard, including relevant terminologies, maps, statements and reports, as well as, inter alia, procurement policies and practices.
14. United Nations specialized agencies and related organizations are governed by independent intergovernmental bodies and operate autonomously from United Nations entities. Some have noted, inter alia, that they do not, in their respective programmes and activities, recognize the legality of the presence of Israel in the Occupied Palestinian Territory and that pertinent steps are being considered in relation to the implementation of resolution ES‑10/24. The State of Palestine is a member, and a party to the constituent instruments, of some specialized agencies (United Nations Educational, Scientific and Cultural Organization and United Nations Industrial Development Organization) and related organizations (International Criminal Court, International Seabed Authority, International Tribunal for the Law of the Sea and Organisation for the Prohibition of Chemical Weapons).

V. International conferences

15. In paragraph 12 of resolution ES‑10/24, the General Assembly called for the convening of a Conference of High Contracting Parties to the Fourth Geneva Convention relative to the protection of civilian persons in time of war on measures to enforce the Convention in the Occupied Palestinian Territory, including East Jerusalem. In this regard, the Assembly invited the Government of Switzerland, in its capacity as the depositary of the Geneva Conventions, to convene such a conference within six months of the adoption of the resolution. The Government of Switzerland has accepted the invitation of the Assembly to organize such a conference within the prescribed time frame and is holding consultations with the High Contracting Parties, with a view to determining the necessary preparatory measures. The Government of Switzerland will announce the date and venue of the conference in due course.
16. In paragraph 13 of resolution ES‑10/24, the General Assembly decided to convene during its seventy-ninth session an international conference under the auspices of the Assembly for the implementation of the United Nations resolutions pertaining to the question of Palestine and the two-State solution for the achievement of a just, lasting and comprehensive peace in the Middle East. The modalities for convening the conference were decided upon by the Assembly in its resolution 79/81 of 3 December 2024. The conference will be called the “High-level International Conference for the Peaceful Settlement of the Question of Palestine and the Implementation of the Two-State Solution” and will be held in June 2025 in New York. It will be preceded by one or more preparatory meetings, as needed. The conference will be co-chaired by France and Saudi Arabia.

Vi. Proposals for a mechanism to follow up on violations of article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination

17. In paragraph 14 of resolution ES‑10/24, the General Assembly requested the Secretary-General, in consultation with the United Nations High Commissioner for Human Rights and Member States with relevant experience and expertise, to present proposals for the establishment of a mechanism to follow up on the violations by Israel of article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination identified by the International Court of Justice in its advisory opinion.
18. Drawing on the responses from Member States and observers, as reproduced in annex IV regarding proposals for the establishment of a mechanism to follow up on the violations by Israel of article 3 of the Convention, two options for such a mechanism may be:

(a)     To establish a stand-alone mechanism, based on the model of the United Nations Special Committee against Apartheid as established by the General Assembly in its resolution 1761 (XVII) and reinforced in subsequent resolutions, notably resolution 2671 (XXV). Such a mechanism would be composed of Member States, with its membership based on the principle of equitable geographical distribution;

(b)     To provide a mandate to the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, established by the Human Rights Council by its resolution S-30/1 to undertake the follow-up referred to in paragraph 14 of General Assembly resolution ES‑10/24. The Commission of Inquiry is composed of independent experts, reports to the Assembly on an annual basis and is mandated, inter alia, to investigate “all underlying root causes of recurrent tensions, instability and protraction of conflict, including systematic discrimination and repression based on national, ethnic, racial or religious identity”,[1] and to make recommendations, in particular on accountability measures and on measures to be taken by third States.[2] In March 2024, the Human Rights Council adopted two resolutions in which it requested the Commission to analyse and report on specific additional elements.[3]

VII. Conclusions and observations

19. A just and comprehensive peace in the Middle East is contingent upon the end of the protracted Israeli occupation and resolution of the Israeli-Palestinian conflict. Progress toward peace must address and fully realize the fundamental and legitimate rights of the Palestinian people, including the right to self-determination. It must also address the legitimate security concerns of Israel and the State of Palestine. I welcome 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. I also welcome the sustained engagement of the General Assembly on the matter, which is centrally shaping progress towards tangible, irreversible steps to end the occupation as rapidly as possible and achieve a viable two-State solution.
20. I appreciate the contributions received for the present report from more than 30 States, the League of Arab States and the Organization of Islamic Cooperation, in particular given the time constraints for the report. Several requests for more time for the compilation and submission of contributions were received which, unfortunately, could not be accommodated because of the mandated time frame for the report. The responses reflect support for the conclusions of the International Court of Justice in its advisory opinion and for the implementation of General Assembly resolution ES‑10/24, including that the continued presence of Israel in the Occupied Palestinian Territory is unlawful and must end as rapidly as possible. In resolution ES‑10/24, the Assembly demanded that Israel end its unlawful presence no later than 12 months from the adoption of that resolution on 18 September 2024. I urge Israel to heed the demands of the Assembly to comply without delay with all its legal obligations under international law, including as stipulated by the International Court of Justice.
21. Israeli policies and practices, in particular the relentless expansion of illegal Israeli settlements, are systematically altering the landscape and demography of the Occupied Palestinian Territory, creating dangerous dynamics for the safety, security and prosperity of Israelis and Palestinians. These policies and practices pose an existential threat to the two-State solution. Settlement expansion, State and settler violence, and recent Israeli administrative steps and large-scale State land declarations are fundamentally fragmenting the landscape of the Occupied Palestinian Territory and further entrenching the unlawful occupation by Israel. I call on all Member States to help stop and reverse this alarming trajectory.
22. The responses received from Member States for the present report reflect their strong commitment to supporting Palestinian rights and sovereignty, with many referring to several political, diplomatic, economic and legal tools that could facilitate an end to the unlawful occupation by Israel and ensure accountability for violations of international law by Israel in the Occupied Palestinian Territory. I regularly report on some of these measures. For example, my quarterly reports on the implementation of Security Council resolution 2334 (2016) include developments related to the policies of Member States on distinguishing, in their relevant dealings, between the territory of the State of Israel and the territories occupied since 1967. In the same reports, I have also highlighted sanctions imposed on violent Israeli settlers, relevant legal proceedings in international courts and the establishment of diplomatic relations with the State of Palestine or with the State of Israel.
23. The responses from Member States and observers also illustrate their collective commitment to peace, justice and accountability. These include the initiation of or support for legal proceedings in international courts, the launching of global initiatives and collective advocacy aimed at ending the occupation and achieving a viable two-State solution. In this regard, the advocacy of the League of Arab States and the Organization of Islamic Cooperation, in particular through the ministerial committee of the Joint Arab Islamic Extraordinary Summit, is welcome and commendable. The Global Alliance for the Implementation of the Two-State Solution, launched during the high-level week of the General Assembly at its seventy-ninth session, is also an important positive initiative. I encourage Member States and regional organizations to support such initiatives until the unlawful presence of Israel in the Occupied Palestinian Territory is brought to an end and a viable two-State solution is achieved.
24. I recognize that the 19 July 2024 advisory opinion of the International Court of Justice, requested by the General Assembly in December 2022, was rendered in a drastically different context – nine months after the horrifying 7 October 2023 attacks, which dramatically altered the dynamics for Israelis and Palestinians. Decisive actions are urgently needed to secure an immediate and unconditional ceasefire in Gaza; this is long overdue. I note that, in response to the catastrophic levels of death and destruction unleashed on Gaza since 7 October 2023, there have been mounting calls by Member States and others for the suspension of the transfer of arms, munitions and related equipment that Israel may be using for its military operations in the Occupied Palestinian Territory and for restricting arms transfers to Israel accordingly. I note, in this context, that on 1 November I received a letter from a cross-regional group of more than 50 Member States calling for “immediate steps to be taken to halt the provision or transfer of arms, munitions and related equipment to Israel, the occupying Power, in all cases where there are reasonable grounds to suspect that they may be used in the Occupied Palestinian Territory, including East Jerusalem, as stipulated in General Assembly resolution ES‑10/24”. I urge Member States to ensure that any arms transfers to Israel are in accordance with their obligations under international law, including common article 1 of the four Geneva Conventions and the relevant provisions of the Arms Trade Treaty, as applicable.
25. I reiterate my strong condemnation of the horrific 7 October attacks by Hamas and other Palestinian armed groups in Israel and the continued holding of more than 100 hostages in Gaza. I also, once again, strongly and unequivocally condemn the horrific killing and maiming of Palestinian civilians as a result of the unrelenting military operations of Israel. I reiterate my call for the immediate and unconditional release of all remaining hostages. Palestinians arbitrarily detained in Israel must either be released without delay or detained on such grounds and in accordance with such procedures as are established by law. Pending their release, all must be treated humanely and allowed to receive visits and assistance from the International Committee of the Red Cross. All parties must respect international law. Appropriate steps must be taken to ensure accountability in accordance with international law.
26. Israel, as the occupying Power, must abide by all of its obligations under international law. I call on Israel to immediately allow the passage and delivery of desperately needed humanitarian assistance in the Occupied Palestinian Territory, including at scale across the Gaza Strip. In this regard, I also recall the provisional measures indicated earlier this year by the International Court of Justice in the case Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel). I have repeatedly urged Israel to ensure the protection of the Palestinian population across the Occupied Palestinian Territory and to investigate and hold perpetrators of all attacks accountable. These include lethal attacks by Israeli settlers, who are rarely held accountable, including when such attacks occur in the proximity, or with the support, of Israeli security forces. I take note of the complementary efforts of Member States in this regard, in particular the increasing number that have started imposing sanctions against violent and extremist settlers and settler-related enterprises.
27. I note that, in its advisory opinion, the International Court of Justice noted that it was of the view that “the regime of comprehensive restrictions imposed by Israel on Palestinians in the Occupied Palestinian Territory constitutes systemic discrimination based on, inter alia, race, religion or ethnic origin, in violation of articles 2, paragraph 1, and 26 of the [International Covenant on Civil and Political Rights], article 2, paragraph 2, of the [International Covenant on Economic, Social and Cultural Rights] and article 2 of [the International Convention on the Elimination of All Forms of Racial Discrimination]”. The Court further observed that “Israel’s legislation and measures impose and serve to maintain a near-complete separation in the West Bank and East Jerusalem between the settler and Palestinian communities” and considered “[f]or this reason … that Israel’s legislation and measures constitute a breach of article 3 of [the International Convention on the Elimination of All Forms of Racial Discrimination]”. The present report provides the General Assembly with two proposals for the establishment of a mechanism to follow up on the violations of article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination, as requested by the Assembly in its resolution ES‑10/24, for its consideration.
28. United Nations entities are in the process of reviewing their respective programmes, policies and practices with a view to the implementation of resolution ES‑10/24, including relevant terminologies, maps, statements and reports, and making relevant adjustments, as needed, including in reports of the Secretary-General. Further adjustments, as relevant, will be undertaken by United Nations entities in due course. I urge all United Nations specialized agencies and related organizations, in line with their respective mandates and subject to the decisions of their governing bodies, to make any necessary adjustments to their relevant programmes, policies and practices.
29. The United Nations is steadfast in its commitment to support ending the unlawful occupation by Israel of the Palestinian territory as rapidly as possible and supporting Palestinians and Israelis in resolving the conflict in line with international law, relevant United Nations resolutions and bilateral agreements in pursuit of the achievement of the two-State solution, with Israel and a fully independent, democratic, contiguous and sovereign State of Palestine, of which the Gaza Strip is an integral part, living side by side in peace and security within secure and recognized borders, on the basis of the pre-1967 lines, with Jerusalem as the capital of both States.
30. To this end, I commit to continuing to support the implementation of resolution ES‑10/24 and look forward to the High-level International Conference to be held in June 2025 under the auspices of the General Assembly, which will be aimed at advancing the implementation of the United Nations resolutions pertaining to the question of Palestine and the two-State solution for the achievement of a just, lasting and comprehensive peace in the Middle East.

      [1] Human Rights Council resolution S-30/1, para. 1 (emphasis added).

      [2] Most recently, the Commission of Inquiry issued a legal analysis and recommendations on implementation of the International Court of Justice advisory opinion (see www.ohchr.org/sites/
default/files/documents/hrbodies/hrcouncil/coiopt/2024-10-18-COI-position-paper_co-israel.pdf).

      [3] See Human Rights Council resolutions 55/32, para. 14, and 55/28, para. 43.