Right of the Palestinian people to self-determination

Condemnatory

Yes

Analysis

• The one-sided resolution blames Israeli settlements for lack of Palestinian self-determination while ignoring Palestinian terrorism and rejectionism of the State of Israel.
• 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. It also 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, A/HRC/RES/55/30

Vote

Yes - 42, No - 2, Abstain - 3, Absent - 0

See Full Vote

Key Praise

None

Key Criticism

• "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, and to reverse and redress any impediments to the political independence, sovereignty and territorial integrity of Palestine…"
• "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 the continuing construction and expansion of settlements, forcible transfer of Palestinians and construction of the wall by Israel, stresses that this fragmentation, which undermines the possibility of the Palestinian people realizing their right to self-determination, is incompatible with the purposes and principles of the Charter of the United Nations…"
• "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…"