Advisory opinion of the International Court of Justice on the legal consequences arising from Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem, and from the illegality of Israel’s continued presence in the Occupied Palestinian Territory

Condemnatory

Yes

Analysis

• This resolution affirms the biased and one-sided advisory opinion by the International Court of Justice, which singled out Israel as a roadblock for peace and declared that “Israel’s continued presence in the Occupied Palestinian Territory is unlawful.” It ignores Palestinian rejectionism and terrorism. Consistent with the ICJ’s biased opinion, the resolution makes various one-sided demands of Israel, including to unilaterally withdraw from the “Occupied Palestinian Territories” and to make reparations to the Palestinians.
• The resolution ignores Israel’s right to security and defense by demanding Israel remove its military forces from the areas of Gaza, East Jerusalem, and the West Bank and by calling for an arms embargo against Israel.
• The resolution calls for action by third countries, including arms embargos, economic boycotts, and refusing to locate diplomatic missions in Jerusalem.
• Additionally, the resolution deems Israel to be in violation of the prohibition against apartheid in Article 3 of the Convention on the Elimination of Racial Discrimination (CERD) and calls for actions by the UN and third states to ensure Israel’s compliance with that provision. Among other things, the resolution calls on the UN to create international mechanisms for reparations for the Palestinians and to follow up on Israel’s alleged violations of Article 3 of the CERD.

Main Sponsors

Palestine

Vote

Yes - 124, No - 14, Abstain - 43, Absent - 12

See Full Vote

Key Praise

None

Key Criticism

• "Demands that Israel brings to an end without delay its unlawful presence in the Occupied Palestinian Territory, which constitutes a wrongful act of a continuing character entailing its international responsibility, and do so no later than 12 months from the adoption of the present resolution."
• "Demands that Israel comply without delay with all its legal obligations under international law, including as stipulated by the International Court of Justice, by, inter alia: (a) Withdrawing all its military forces from the Occupied Palestinian Territory… (b) Putting an end to its unlawful policies and practices, including ceasing immediately all new settlement activity, evacuating all settlers from the Occupied Palestinian Territory and dismantling the parts of the wall constructed by Israel that are situated in the Territory… (e) Making reparation for the damage caused to all the natural and legal persons concerned in the Occupied Palestinian Territory…"
• "Calls upon all States to comply with their obligations under international law, inter alia, as reflected in the advisory opinion, including their obligation… (b) Not to recognize as legal the situation arising from the unlawful presence of Israel in the Occupied Palestinian Territory, (c) Not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the Territory, (d) Not to recognize any changes in the physical character or demographic composition, institutional structure or status of the territory occupied by Israel on 5 June 1967, including East Jerusalem, except as agreed by the parties through negotiations, as affirmed by the Security Council in its resolution 2334 (2016), and the obligation in this regard, in relation to, inter alia, their diplomatic, political, legal, military, economic, commercial and financial dealings with Israel, to distinguish between Israel and the Palestinian territory occupied since 1967… (f) To undertake efforts towards bringing to an end systemic discrimination based on, inter alia, race, religion or ethnic origin, including to prevent, prohibit and eradicate the violations by Israel of article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination…"
• "Also calls upon all States in this regard, consistent with their obligations under international law (a) To take steps to ensure that their nationals, and companies and entities under their jurisdiction, as well as their authorities, do not act in any way that would entail recognition or provide aid or assistance in maintaining the situation created by Israel’s illegal presence in the Occupied Palestinian Territory, (b) To take steps towards ceasing the importation of any products originating in the Israeli settlements, as well as the provision or transfer of arms, munitions and related equipment to Israel, the occupying Power, in all cases where there are reasonable grounds to suspect that they may be used in the Occupied Palestinian Territory, (c) To implement sanctions, including travel bans and asset freezes, against natural and legal persons engaged in the maintenance of Israel’s unlawful presence in the Occupied Palestinian Territory…"
• "Strongly deplores the continued and total disregard and breaches by the Government of Israel of its obligations under the Charter of the United Nations, international law and the relevant United Nations resolutions, and stresses that such breaches seriously threaten regional and international peace and security…"
• "Recognizes in this regard the need for the establishment of an international mechanism for reparation for all damage, loss or injury arising from the internationally wrongful acts of Israel in the Occupied Palestinian Territory…"
• "Emphasizes the need to ensure accountability for the most serious crimes under international law through appropriate, fair and independent investigations and prosecutions at the national or international level…"
• "Requests the Secretary-General, in consultation with the United Nations High Commissioner for Human Rights and Member States with relevant experience and expertise, to present proposals, in the report requested in the present resolution, for the establishment of a mechanism to follow up on the violations by Israel of article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination…"