Day: February 23, 2024

RAMALLAH: For the fifth consecutive day, the International Court of Justice in The Hague continues its public hearings regarding the legal implications arising from Israel’s policies and practices in the occupied Palestinian territories, including East Jerusalem.

The hearings come within the framework of the UN General Assembly’s request for an advisory opinion from the International Court of Justice on the legal consequences of Israel’s prolonged occupation for over 57 years.

Namibia remembers painful colonial history which resembles that of Palestine

Addressing the ICJ, Namibia’s Justice Minister Yvonne Dausab demanded that the court recognizes Israel’s occupation of Palestinian territories as illegal.

She made parallels between Palestine and Namibia that are ‘striking and painful’. Instead of exerting their right to govern themselves, she said, ‘Palestinians and Namibians suffered the loss of human dignity … and the outright theft of their land and natural resources’.

According to her, Namibia still s
uffers from the effects of a long and unlawful occupation. The ICJ ‘played a vital role in our liberation struggle’. In its 1971 opinion, Dausab added, the court confirmed the right to self-determination as a ‘legal imperative’, paving the way to Namibia’s independence in 1990.

She continued, ‘Because of Namibia’s experience with apartheid, we cannot look the other way in the face of the brutal atrocities committed against the Palestinian people. We ask the court not to look away either.’

Oman: International community failed to help Palestinians achieve their aspirations

The representative of the Sultanate of Oman stated that more than 75 years have passed, and the Palestinian people remain under Israeli occupation, facing injustice, the absence of justice, and massacres. He said the international community and world organizations have failed to assist them in achieving their aspirations and an independent state.

He stressed that the world has witnessed, for over four months, the worst atrocities and form
s of genocide, resulting in more than 29,000 Palestinians killed, over 60,000 injured, and the displacement of around two million citizens under unbearable conditions, all in violation of international standards.

The Omani envoy emphasized that the long-term occupation of Palestinian territory since 1967, including Jerusalem, aims at demographic and geographic changes for Palestine. He mentioned how Israel adopts legislative and discriminatory measures, affecting the legal status of the occupation.

He continued, ‘The Israeli occupation, the construction of settlements, and the theft of Palestinian land prolong the occupation in the Palestinian territories. Israel displaces Palestinians, imposes harsh displacement environments, seizes their lands, and practices arbitrary arrests and violence against them since 1967.’

Oman’s representative underscored that ‘the United Nations, its General Assembly, Security Council, and Human Rights Office have consistently condemned Israel’s attempts at demographic change i
n the occupied Palestinian territories. The international community is responsible for preventing and stopping illegal annexations and prohibiting the use of force in any form.’

‘For 75 years of occupation, settlements have been built, with the prevention of a viable Palestinian state. This is an insult to the international community,’ he lamented.

Oman’s representative urged member states and parties to protect Palestinian civilians, force Israel to comply with the law, and stressed that the legal consequences of Israeli actions aim to deny the Palestinian people their right to self-determination.

Norway: Israel’s actions are rejected and unilateral

The representative of Norway stated that the ongoing occupation since 1967 and recent developments are of great concern, where Israel is using force in Gaza, building illegal settlements in the West Bank, including East Jerusalem, demolishing homes, displacing Palestinian citizens, all of which are actions violating international law and human rights. He emph
asized the Palestinian people’s right to self-determination.

Norway’s representative pointed out that the construction of settlements and the apartheid wall are real obstacles to achieving peace. He stated that the UN Security Council has issued numerous resolutions affirming that these actions violate international law, and their continuation hinders the possibility of a two-state solution.

The Norwegian envoy insisted that any occupation must be temporary and within a defined timeframe. In the case of Palestine, he stated, Israel is engaged in an unlawful annexation of Palestinian territories, moving its population to occupied lands against the resolutions of the UN Security Council.

Pakistan: Israel created facts on the ground that are difficult to undo

The representative of Pakistan stated that Israel has created, through colonial policies, difficult-to-undo facts aiming to impose its long-term occupation on the West Bank and Gaza. The representative argued that it was not just a military occupation b
ut actual annexation of territories, requiring effective steps to stop it.

He added that the policy of the Israeli occupation is based on seizing all lands and imposing absolute control, a violation of international law. The representative stressed the need for the International Court of Justice to take necessary steps to stop this occupation.

Pakistan’s representative said Israel’s practices, including racial discrimination and imposing an apartheid system, have created a situation of discrimination that favors colonists over native Palestinians. He considered Jerusalem a holy city and birthplace of religions, but that Israel prevents Christians and Muslims from freely performing their prayers, calling for the previous status quo at the holy site to be restored.

The representative reaffirmed support for the two-state solution, adding that his country has voted in favor of a UN General Assembly resolution calling for a permanent settlement based on international law and a two-state solution.

Indonesia: Is
raeli occupation is illegal and must stop

Indonesia’s representative expressed solidarity with the Palestinian cause and condemned Israel’s blatant violations of international law, emphasizing the humanitarian catastrophe occurring in Gaza.

She stated that the Israeli occupation is illegal and must come to an end, noting Israel’s lack of intention to respect its legal obligations, as evident from Netanyahu’s statement: ” ‘No one will stop us, not The Hague, not the axis of evil and not anyone else.”

The envoy pointed out that the Israeli military onslaught on Gaza has resulted in 30,000 Palestinians killed, warning of a potential Israeli large-scale invasion of Rafah and the blocking of humanitarian aid from entering Gaza.

She said, ‘Some countries argue that presenting the advisory opinion undermines the peace process. However, there is no peace process to undermine, as Israel continuously obstructs negotiations and the two-state solution through strategic claims and ongoing colonization.’

The represent
ative stated that ‘Israel seeks a unilateral solution without negotiating with the Palestinians and addressing their interests. Israel has shown no interest in any peace process.’

She urged the court to provide its opinion on the legal consequences of the Israeli occupation’s violations, asking the court to clarify the future steps the United Nations and member states should take.

Source: Palestine news & Information Agency – WAFA

GENEVA: The Israeli aggression on the Gaza Strip has led to massive suffering of Palestinians, including the killing of civilians on a broad scale, extensive and repeated displacement, destruction of homes and the denial of sufficient food and other essentials of life, said a UN report.

‘Women and children have suffered especially. Clear violations of international law have been committed,’ confirmed a report issued today by the United Nations Office of the High Commissioner for Human Rights.

The report stressed that the severe restrictions on the supply of basic services and humanitarian aid imposed by Israel on Gaza have raised the specters of famine, dehydration, and the spread of disease.

‘Most of the population has been repeatedly displaced and crammed into shelters. The blockade and siege imposed on Gaza amount to collective punishment and may also amount to the use of starvation as a method of war, which are war crimes, and may also, depending on further investigation, amount to other serious crimes
under international law,’ the report states.

The report, which documented Israeli human rights violations in the Gaza Strip and the West Bank, including Jerusalem during a period of 12 months and up to October 31, 2023, called for accountability and justice across the board for serious violations of the laws of armed conflict and other gross human rights violations.

UN High Commissioner for Human Rights, Volker Trk stressed that the entrenched impunity reported by our Office for decades cannot be permitted to continue. There must be accountability for violations seen over 56 years of occupation and the 16 years of blockade of Gaza, and up to today, he added.

‘Justice is a pre-requisite for ending cycles of violence and for Palestinians and Israelis to be able to take meaningful steps towards peace,’ said the UN High Commissioner.

The report identified three emblematic incidents, amongst numerous others, which further raise very serious concerns about compliance with international humanitarian law; two str
ikes on Jabalia Refugee Camp and one on Al-Yarmouk, in Gaza City. They all involved the use of explosive weapons with wide-area effects in densely populated areas, said the report.

The strikes resulted in enormous destruction, added the report. The UN Human Rights Office verified a combined 153 killings in the attacks, but the number could be as high as 243. No warning was given, nor was any effort made to evacuate residential buildings prior to these strikes, according to reports.

‘The use of such weapons in densely populated areas raises serious concerns as to how such attacks comply with the principles of distinction, proportionality and precautions in the conduct of military operations, given the indiscriminate effects of such weapons when used in such areas and the foreseeability of the extensive loss of civilian life,’ said Trk.

‘Launching an indiscriminate attack resulting in death or injury to civilians, or an attack in the knowledge that it will cause excessive incidental civilian loss, injury or
damage, are war crimes.’

The report also decried attacks damaging or destroying a large number of hospitals across Gaza. “Medical facilities are protected infrastructure under international humanitarian law,” said the report.

The UN report also called for accountability concerning Israeli practices in the West Bank, including East Jerusalem. Since 7 October. It noted a significant increase in unlawful killings, mass arrests, ill-treatment and disproportionate restrictions on movement.

Trk urged for an immediate end to violations of international humanitarian law and violations and abuses of international human rights law and to conduct prompt, independent, impartial, thorough, effective and transparent investigations into all alleged violations. ‘All those responsible for violations must be held to account in fair trials.’

He called on all parties to cooperate with international mechanisms for accountability, including the International Criminal Court and the International Court of Justice.

Source: Pale
stine news & Information Agency – WAFA

NEW YORK: The UN Relief and Works Agency for the Palestine Refugees (UNRWA) is on the verge of collapse due to Israeli calls for its abolition and the sudden freeze in funding to the agency by donor countries, the UNRWA Commissioner-General Philippe Lazzarini has warned.

In a letter addressed to the President of the UN General Assembly, which provides the agency with its mandate, he said the agency’s ability to fulfil that mandate “is now seriously threatened”.

“In just over four months in Gaza there have been more children, more journalists more medical personnel and more UN staff killed than anywhere in the world during a conflict”, he said.

He noted more than 150 UNRWA premises have been hit by bombardment, killing over 390 and injuring 1,300. “According to UN experts, famine in imminent”, he reminded.

Lazzarini said that the resulting suspension of aid by 16 donor countries totaling $450 million means that without new funding UNRWA operations across the Middle East will be severely compromised from Ma
rch.

“I fear we are on the edge of a monumental disaster with grave implications for regional peace, security, and human rights,” he warned.

Source: Palestine news & Information Agency – WAFA

GENEVA: Any transfer of weapons or ammunition to Israel that would be used in Gaza is likely to violate international humanitarian law and must cease immediately, UN experts warned today.

‘All States must ‘ensure respect’ for international humanitarian law by parties to an armed conflict, as required by 1949 Geneva Conventions and customary international law,’ the experts said.

‘States must accordingly refrain from transferring any weapon or ammunition – or parts for them – if it is expected, given the facts or past patterns of behavior, that they would be used to violate international law.’

‘Such transfers are prohibited even if the exporting State does not intend the arms to be used in violation of the law – or does not know with certainty that they would be used in such a way – as long as there is a clear risk,’ they said.

The experts welcomed the decision of a Dutch appeals court on 12 February 2024 ordering the Netherlands to halt the export of F-35 fighter jet parts to Israel.

The experts noted tha
t States Parties to the Arms Trade Treaty have additional treaty obligations to deny arms exports if they ‘know’ that the arms ‘would’ be used to commit international crimes; or if there is an ‘overriding risk’ that the arms transferred ‘could’ be used to commit serious violations of international humanitarian law. ‘European Union member states are further bound by EU arms export control law.’

‘The need for an arms embargo on Israel is heightened by the International Court of Justice’s ruling on 26 January 2024 that there is a plausible risk of genocide in Gaza and the continuing serious harm to civilians since then’, the experts said.

‘The Genocide Convention of 1948 requires States parties to employ all means reasonably available to them to prevent genocide in another state as far as possible.’

‘This necessitates halting arms exports in the present circumstances’, the experts said.

‘State officials involved in arms exports may be individually criminally liable for aiding and abetting any war crimes, cri
mes against humanity or acts of genocide,’ the experts said. ‘All States under the principle of universal jurisdiction, and the International Criminal Court, may be able to investigate and prosecute such crimes.’

‘International law does not enforce itself,’ the experts said. ‘All States must not be complicit in international crimes through arms transfers. They must do their part to urgently end the unrelenting humanitarian catastrophe in Gaza.’

Source: Palestine news & Information Agency – WAFA