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 said in its first report, published on
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.
A core UN principle
“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.
Settlement ‘enterprise’ studied
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.
Restrictive land policies
The Commission also reviewed Israel’s expropriation and
exploitation of land and natural resources, and its restrictive
urban planning and zoning policies in the West Bank.
Land is often confiscated for military purposes but then used for
settlement construction, the report found.
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.
Similar processes were also seen in East Jerusalem, where
restrictive planning and zoning have contributed to shrinking
space for Palestinians.
‘Silent harm’ and trauma
The report also addresses Israeli Government policies that have
had an impact on all aspects of Palestinian life, such as access
to clean and affordable water.
“There is so much ‘silent harm’ and psychological trauma, that
may not be immediately apparent, resulting from the erosion of
economic, social and cultural rights. These debilitating
processes have severe short and long-term consequences and must
be urgently addressed”, said Commissioner Miloon Kothari.
The Commission also examined how the occupation and de
facto annexation policies have affected Palestinian
human rights, as well as the impacts on Palestinian women and
children.
The “coercive environment” which forces Palestinians to leave
their homes has fragmented Palestinian society and hampered the
right to self-determination, the report said.
International action required
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.”
About the Commission of Inquiry
The Independent International Commission of Inquiry on the
Occupied Palestinian Territory, including East Jerusalem, and
Israel, receives its mandate from the UN Human Rights Council.
The Commissioners are not UN staff and they are not paid for
their work.
They will present their report to the UN General Assembly on 27
October.
