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.
• The resolution misrepresents millions of Palestinians who have Jordanian citizenship or who reside in Palestine (i.e., the West Bank and Gaza) as "refugees" and endorses a "right of return" for these so-called refugees into the sovereign territory of Israel. By endorsing this right of return, which would effectively end Israel as the Jewish state, this resolution infringes on the rights of Jews to self-determination in their historic homeland. In a further attack on Israeli sovereignty, the resolution also endorses the Security Council and General Assembly Resolutions condemning the U.S. decision to recognize Jerusalem as Israel’s capital.
• additionally, the resolution calls for action by states against Israel in the form of "non-recognition, non-aid and non-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, which had been occupied by other countries from 1948 to 1967 and never constituted a Palestinian state. Likewise, the resolution endorses the July 19, 2024 ICJ advisory opinion concluding that the Israeli occupation violates international law. Importantly, ICJ advisory opinions are not legally binding. Moreover, the proceedings in this case were highly politicized and several of the judges dissented in whole or in part, most notably Judge Julia Sebutinde, who wrote a well-reasoned critique of the majority's opinion. International legal scholars have also strongly criticized the opinion for ignoring relevant facts, relying too heavily on biased UN reports, and failing to properly apply international law.
• 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/58/27

Vote

Yes - 43, No - 2, Abstain - 2, Absent - 0

See Full Vote

Key Praise

None

Key Criticism

• "Deploring the plight of millions of Palestine refugees and displaced persons who have been uprooted from their homes, and the ongoing forcible displacement of Palestinian civilians due to the ongoing unlawful presence of Israel in the Occupied Palestinian Territory, including East Jerusalem, and expressing deep regret at the fact that more than half of the Palestinian people continue to live in exile in refugee camps throughout the region and the diaspora, in violation of their right to return and their right to self-determination as recognized under international law."
• "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…"
• "Recalling also the conclusion of the International Court of Justice, in its advisory opinion of 19 July 2024, that the policies and practices of Israel, including prolonged occupation, expansion of settlements, annexation and systemic discrimination, violate international law and obstruct the realization of the right of the Palestinian people to selfdetermination."
• "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, which constitutes a wrongful act of continuing character entailing its international responsibility, 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 and 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…"