All nations and international organizations, including the United Nations, are obligated by international law to end Israel’s unlawful presence in the Occupied Palestinian Territory, according to a position paper issued by an independent human rights panel on Oct. 18.
The Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel (Commission) is calling for action at the UN in accordance with a July 19 Advisory Opinion of the International Court of Justice (ICJ) on the matter.
The Court said Israel’s continuing presence in the Occupied Palestinian Territory is unlawful. Moreover, the Court said the UN General Assembly and Security Council must establish precise modalities and actions to “as rapidly as possible,” end the unlawful presence of Israeli settlers and settlements.
The Commission welcomed the ICJ’s opinion as a significant development toward Israel’s accountability, which the group has raised particularly since 2022.
“The Commission has always stated that the root cause of the protracted conflict and cycles of violence is the occupation,” said Navi Pillay, Chair of the Commission in a statement on Oct. 17.
“The Commission, concluded in its report to the General Assembly in 2022, that the occupation is unlawful under international law. The Commission welcomed the historic advisory opinion from the highest court in the United Nations system,” said the longtime legal scholar from South Africa.
The Court’s opinion was given at a hearing on the “Legal Consequences Arising From the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.”
Along with the Commission’s legal analysis, the 12-page document included bold recommendations to Israel, UN Member States, the General Assembly and the Security Council on implementing the ICJ advice. It implores Israel to:
• Implement a comprehensive plan of action to dismantle settlements.
• Evacuate all settlers from occupied territory.
• Return land, title and natural resources to the displaced Palestinians.
• Repeal all restrictive and discriminatory laws and policies.
The Commission finds that all States have an international legal obligation not to recognize the occupation as lawful.
“Israel’s internationally wrongful acts give rise to State responsibility, not only for Israel but for all States,” said Ms. Pillay. “All States are obligated not to recognize territorial sovereignty claims made by Israel over the occupied territories,” she stated.
The South Africa-based lawyer added that States must “distinguish” in their dealings between Israel, and the Occupied Palestinian Territory. For instance, a State must not recognize Jerusalem as the capital of Israel or place its diplomatic representatives to Israel in Jerusalem.
“States must not render aid or assistance in maintaining the unlawful occupation. Aid and assistance includes financial, military and political aid or support,” said Ms. Pillay.
In addition, the Commission in line with the ICJ says States must also work towards the full realization of the right of the Palestinian people to self-determination.
The position paper provides the Commission’s view concerning state responsibility and how the General Assembly and Security Council can identify and implement ways to bring an end to the unlawful occupation.
However, there are shades of pessimism that the effort will be effective and more of the same, because of a history of pushback on the occupier state at the UN, only to be frustrated by the United States using its veto power to block any vote critical of Israel.
“In some ways, I do view it as more of the same,” said investigative journalist and activist Eugene Puryear. He told The Final Call that while rulings from bodies like the ICJ are significant, the lack of enforcement from the UN renders these efforts “hollow” in practice.
However, “for the International Court of Justice to make the point was a milestone,” said Mr. Puryear, referring to the ICJ Advisory Opinion.
“But we still see the biggest issue is that the United Nations has to enforce it, and just like they haven’t enforced multiple resolutions that have laid out that the Israeli settlements are illegal,” he argued. “I think it has a certain hollowness to it.”
Even the U.S. government is on record saying they’re against settlements, Mr. Puryear added but said he is skeptical that actors like the U.S. and Europe will take serious action against Israel, based on their record.
He does not see a clear path for the international community to effectively pressure Israel to dismantle the occupation or end illegal settlements.
He believes the focus should be on continuing to shift global consciousness and public opinion against Israel’s actions. Worldwide, beginning in October 2023 with the current Israeli war, hundreds of thousands of people protested in condemnation of Israel’s atrocities.
It is more realistic now more than ever before to talk about totally dismantling the State of Israel regardless of the intent of any individual actor, whether it is a human rights group, the ICJ, or a “hypocritical statement from a head of state,” said Mr. Puryear.
He reasons that the magnitude of what has been widely revealed in the genocide like the tens of thousands of deaths, injuries and displacements, has garnered unparalleled global support. Notwithstanding, was the wide exposure of genocidal statements from Israelis themselves in government and on the streets.
“They can see,” reasoned Mr. Puryear. “There probably is no way to have the two states side by side,” he stated, referring to the oft-repeated “two-state solution” idea. “This settler movement is too extreme,” he added.
For decades the Zionist State of Israel has enjoyed impunity for rights abuses, governing a colonial settler state, illegal land grabbing, and systematic repression of marginalized people.
Despite international condemnation and legal actions against wrongdoing, its perpetration of unabated evil continues. For multiple generations of Palestinians, the horror story goes back decades with the influx of European Zionists relocating to historical Palestine.
Then came the policy of Nakba (catastrophe), ethnic cleansing through armed aggression, displacing 700,000 Palestinians into exile and refugee camps in neighboring countries.
Although numerous UN resolutions passed documenting Israel’s brazen disregard of international laws, just as brazen was the complicit posture of world powers like America, Britain, and others.
Despite international law and lip-service by America condemning illegal settlements, and overwhelming civilian carnage in Israel’s yearlong onslaught on Palestinians, Washington continues massive arms flow and military backing.
Adding to the warships and aircraft carriers and the thousands of U.S. troops in the region, approximately 100 more troops are deploying to Israel to operate a Terminal High-Altitude Area Defense (THAAD) battery system being sent.
Non-stop bombardment in Gaza continues, and illegal settler aggression in the Occupied West Bank, and East Jerusalem, continues.
Tens of thousands of mostly innocent lives were taken, with more added by the day as Israel expands its war fronts into Lebanon and Syria. The conflict has brought mass displacements, a dire humanitarian crisis, and actions many have charged as genocide.
The Commission’s paper pushing for serious action on Israel’s illegal occupation coupled with the unprecedented ICJ opinion is redolent to forewarnings to America and Israel by the Most Honorable Elijah Muhammad and his National Representative, the Honorable Minister Louis Farrakhan of the Nation of Islam.
“The war in the Middle East will get very, very bloody,” said Minister Farrakhan, on February 25 of this year in his Saviours’ Day message titled, “What Does Allah The Great Mahdi and The Great Messiah Have To Say About The War In The Middle East?”
He warned that Israel and America will lose in the region and pay a price for their violations.
“What I gave is prophecy that you can find in the Bible and the Qur’an that Israel is not going to stay; America is not going to stay in the Middle East, and when that war triggers all of the countries that it will trigger, the war of Armageddon will be all over the earth,” said the Minister.
To view “What Does Allah The Great Mahdi and The Great Messiah Have To Say About The War In The Middle East?” in its entirety, visit media.noi.org.
