Right of the Palestinian people to self-determination

Year

2021

UN Body

Human Rights Council

Session

46

Session Type

HRC Regular

Agenda Item

7

Country Concerned

Israel

Condemnatory

Yes

Analysis

  • The one-sided resolution blames Israeli settlements for lack of Palestinian self-determination while ignoring Palestinian rejectionism of Israel and Palestinian terrorism.
  • Furthermore, it calls for action by states against Israel in the form of "non-recognition, non-aid or assistance" with regard to Israel's alleged violation of the international law prohibition against acquisition of territory by force, referring to the territories captured by Israel in the 1967 war. Israel strongly disputes this allegation and the issue is the subject of wide debate among international legal scholars. It certainly is not a settled matter under international law as presented in the resolution.
  • The resolution also endorses the Security Council and General Assembly Resolutions condemning the U.S. decision to recognize Jerusalem as Israel’s capital and contains no praise.
  • Moreover, the resolution was adopted under Item 7, the discriminatory Agenda Item which singles out Israel for censure, signaling criticism of Israel.

Main Sponsors

Organization of Islamic Cooperation

Vote

Yes - 42, No - 3, Abstain - 2

Key Praise

None

Key Criticism

  • "Deploring the plight of millions of Palestine refugees and displaced persons who have been uprooted from their homes, and expressing deep regret about the fact that more than half of the Palestinian people continue to live in exile in refugee camps throughout the region and in the diaspora."
  • "Recalling the conclusion of the International Court of Justice, in its advisory opinion of 9 July 2004, that the right to self-determination of the Palestinian people, which is a right erga omnes, is severely impeded by Israel, the occupying Power, through the construction of the wall in the Occupied Palestinian Territory, including East Jerusalem..."
  • "Considering that the right to self-determination of the Palestinian people is being violated further by Israel through the existence and ongoing expansion of settlements in the Occupied Palestinian Territory, including East Jerusalem."
  • "Calls upon Israel, the occupying Power, to immediately end its occupation of the Occupied Palestinian Territory, including East Jerusalem..."
  • "Also expresses grave concern at the fragmentation and the changes in the demographic composition of the Occupied Palestinian Territory, including East Jerusalem, which are resulting from Israel’s continuing construction and expansion of settlements, forcible transfer of Palestinians and construction of the wall, stresses that this fragmentation, which undermines the possibility of the Palestinian people realizing their right to self-determination..."
  • "Calls upon all States to ensure their obligations of non-recognition, non-aid or assistance with regard to the serious breaches of peremptory norms of international law by Israel, in particular of the prohibition of the acquisition of territory by force..."

Full Vote

  • Yes42

    • Argentina
    • Armenia
    • Austria
    • Bahamas
    • Bahrain
    • Bangladesh
    • Bolivia
    • Brazil
    • Bulgaria
    • Burkina Faso
    • China
    • Ivory Coast
    • Cuba
    • Denmark
    • Eritrea
    • Fiji
    • France
    • Gabon
    • Germany
    • India
    • Indonesia
    • Italy
    • Japan
    • Libya
    • Mauritania
    • Mexico
    • Namibia
    • Nepal
    • Netherlands
    • Pakistan
    • Philippines
    • Poland
    • South Korea
    • Russia
    • Senegal
    • Somalia
    • Sudan
    • Togo
    • Ukraine
    • Uruguay
    • Uzbekistan
    • Venezuela
  • No3

    • Czech Republic
    • Marshall Islands
    • United Kingdom
  • Abstain2

    • Cameroon
    • Malawi