Rights organizations urge UN member states to enforce ICJ advisory opinion on Israel

A coalition of humanitarian, development and human rights organizations urged all UN member states on Tuesday to adhere to the International Court of Justice’s (ICJ) advisory opinion on the unlawfulness of Israel’s occupation of Palestinian territory. This comes as the UN General Assembly prepares to vote on a resolution to end the occupation.

The organizations highlighted the humanitarian consequences of Israel’s occupation, including the use of weapons by Israeli forces and settlers resulting in civilian casualties and disabilities, arbitrary detention and prosecution of Palestinians in Israeli military courts, forced displacement through home demolitions and Israeli settlement expansion and a discriminatory permit regime denying Palestinians freedom of movement and access to basic services. The organizations wrote:

These practices have taken place without accountability for decades, but the intensification over the last 11 months has led to a staggering humanitarian catastrophe for Palestinians throughout the occupied Palestinian territory, fueled by the virtually unconditional supply of weapons, parts [] and ammunition.

The organizations urged all governments, including UN Security Council members, to adhere to the ICJ’s advisory opinion, which suggests states halt the transfer and sale of weapons and ammunition to Israel. They stressed that failure to adhere to the opinion would undermine international law and institutions.

In July, the ICJ issued an advisory opinion concluding that Israel’s decades-long occupation and annexation of Palestinian territory violates fundamental tenets of International Humanitarian Law (IHL) and denies Palestinians human rights. The ICJ also stated that all states must refrain from recognizing the legality of Israel’s presence in the Occupied Palestinian Territory and avoid rendering aid or assistance to Israel.

The UN General Assembly is expected to vote on a draft resolution introduced by Palestine on Thursday at 11:00 AM local time, demanding an end to the occupation within one year.

The draft resolution, co-sponsored by 30 countries, outlines key demands and actions based on the ICJ’s advisory opinion. It calls for Israel to end its unlawful presence in the Occupied Palestinian Territory within 12 months, withdraw all military forces, cease all settlement activities, evacuate all settlers and make reparations for damages caused. The resolution also urges all states to comply with their obligations under international law, such as refusing to recognize the legality of Israel’s presence in the occupied territories and distinguishing between Israel and the occupied Palestinian territory. Additionally, it calls for the establishment of an international mechanism for reparations and the convening of a Conference of High Contracting Parties to the Fourth Geneva Convention. The resolution emphasizes the need for accountability for serious international crimes and requests the Secretary-General to report on the implementation of these measures within three months.

During the Assembly’s 10th emergency special session, Lebanon’s ambassador Hadi Hachem supported the draft resolution but questioned whether Israel would respect and implement it if adopted. Iran’s ambassador Amir Saeid Iravani emphasized that Israel should cease its unlawful presence in the occupied Palestinian territory and stop all settlement activity immediately. South Africa’s representative called on those with influence over Israel to “exert real pressure” to stop the war.

Before voting on the draft resolution, the UN General Assembly is set to hear from additional member states, including South Africa and China.