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Home Posts Why did the UN Commission of Inquiry decide that the "Israeli Occupation" is Illegal?

Why did the UN Commission of Inquiry decide that the "Israeli Occupation" is Illegal?
Pnina Sharvit Baruch, Ori Beeri 27 October, 2022
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On October 20, 2022, the commission of inquiry established by the UN Human Rights Council following Operation Guardian of the Walls published its first substantive report. Israel did not cooperate with the commission and condemned the report as "distinctly antisemitic." The US also criticized the report as reflecting a policy of improper focus on Israel. As expected, the report is biased and deals almost entirely with Israel and, inter alia, lacks reference to terrorist actions. The report focuses mainly on the situation in the West Bank and East Jerusalem. The mandate of the investigative commission does not include a deadline, and the report states that the discrimination against "Palestinian citizens of Israel" will be examined in a subsequent report.

The report determines that according to international law, the "Israeli occupation" is illegal, as it is in effect irreversible. Israel is charged with working to establish facts on the ground, including through the settlement enterprise; the use of security considerations, along with rhetorical support for the two-state solution, is purportedly designed to disguise its true intention to annex parts of the territory, de facto and de jure.

The report includes allegations of many violations of human rights and international humanitarian law, such as the demolition of homes and the destruction of property; excessive use of force by the security forces; mass incarceration; violence by settlers and the lack of law enforcement toward them; restricted movement through checkpoints and roads; and limitations on access to livelihood, basic needs, services, and humanitarian aid. Special emphasis is given to harm to disadvantaged populations, especially women and children. It is claimed that some of the violations amount to war crimes of transferring a population of the occupying power to the occupied territory and pillage, and crimes against humanity of deportation or forcible transfer of population and persecution.

The report calls on the UN General Assembly to urgently request an advisory opinion from the International Court of Justice (ICJ) regarding the legal consequences of the de facto annexation of the Palestinian territories occupied by Israel and the violation of the Palestinian people's right to self-determination. In addition, the prosecutor of the International Criminal Court (ICC) is called on to prioritize the investigation of Israel, and the countries of the world are asked to investigate the allegations of crimes and prosecute those directly and indirectly responsible.

Topics: Israeli-Palestinian Relations, Law and National Security
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    • Topics
      • Israel and the Global Powers
      • Israel-United States Relations
      • Glazer Israel-China Policy Center
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      • Iran and the Shi'ite Axis
      • Iran
      • Lebanon and Hezbollah
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      • Yemen and the Houthi Movement
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      • Hamas and the Gaza Strip
      • Peace Agreements and Normalization in the Middle East
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      • Jordan
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