While Israeli diplomats remain on strike, the 47-nation UN Human Rights Council is planning to launch a massive attack on the Jewish state next week in a series of five resolutions that — expressly citing controversial UN official Richard Falk — include new accusations of racism, along with calls to impose “international criminal liability” on businesses with indirect links amounting to “corporate complicity in breaches of international law related to illegal settlements.”
The following draft resolutions, drafted by Syria and the Palestinian Authority, are scheduled to be adopted on March 27-28, at the end of 25th session of the Human Rights Council:
1. Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan
Analysis: replete with inflammatory and one-sided language including new BDS-themed provisions inspired by Richard Falk’s latest report.
Extracts:
PP23 Recalling that the United Nations Guiding Principles on Business and Human Rights require all business enterprises to respect human rights inter alia by refraining from contributing to human rights abuses arising from conflict, and urge states to provide “adequate assistance to business enterprises to assess and address the heightened risks of abuses” in conflict-affected areas, (NEW LANGUAGE; adapted from HR/PUB/11/04 para. 7(b))
PP24 Noting that Israel’s settlement enterprise and related activities render Israel responsible for serious breaches of peremptory norms of international law, and recalling the implications for all States for such breaches committed by a State, including an obligation to cooperate to bring an end to breaches, and an obligation not to recognise or maintain the illegal situation, (NEW LANGUAGE; adapted from A/HRC/25/67 para. 79)
PP25 Recognizing that the direct or indirect assistance of States and private entities to the settlement enterprise constitute obstacles that have frustrated international efforts for the end of the occupation and fulfilment of the right of self- determination of the Palestinian people by helping to sustain and promote the settlement enterprise, and entail legal, reputational and economic risks stemming from the fact that the Israeli settlements are illegal under international law, (NEW LANGUAGE)
PP26 Noting the probability of liability, including international criminal liability, for corporate complicity in breaches of international law related to illegal settlements, and encouraged that some businesses have withdrawn from settlements due to awareness of these risks, (NEW LANGUAGE; first part adapted from A/HRC/25/39 para. 15; second part adapted from A/HRC/22/63 para. 98)
OP11 Urges all States: … (b ) To implement the United Nations Guiding Principles on Business and Human Rights in all circumstances, including in Israel and the Occupied Palestinian Territory, including East Jerusalem, and to take appropriate measures to ensure that businesses domiciled in their territory and/or under their jurisdiction, including those owned or controlled by them, that conduct activities in or related to the settlements, respect human rights throughout their operations, by taking all necessary steps— including by terminating their business interests in the settlements—to ensure that their activities do not have an adverse impact on the human rights of the Palestinian people, in conformity with the United Nations Guiding Principles on Business and Human Rights, the United Nations Global Compact and relevant international laws and standards; (NEW LANGUAGE; adapted from A/HRC/22/63 para. 117)
(c ) To inform individuals and businesses of the financial, reputational and legal risks, as well as the possible abuses of the rights of individuals, of getting involved in settlement-related activities, including economic and financial activities, 6 the provision of services in settlements and the purchasing of property, and to prevent and discourage such involvement (NEW LANGUAGE)
2. Human rights situation in Occupied Palestinian Territory, including East Jerusalem
Expressing grave concern about… the policies and practices of racial discrimination and segregation that disproportionately affect the Palestinian population in the Occupied Palestinian Territory, including East Jerusalem; the discriminatory allocation of water resources between Israeli settlers and the Palestinian population of the Occupied Palestinian Territory…
3. Human rights in the occupied Syrian Golan
Deeply concerned at the suffering of the Syrian citizens in the occupied Syrian Golan due to the systematic and continuous violation of their fundamental and human rights by Israel since the Israeli military occupation of 1967,
4. Follow-up to the report of the United Nations Independent International Fact-Finding Mission on the Gaza Conflict (Goldstone Report)
5. Right of the Palestinian people to self-determination
