Without prejudice to the existence or subsequent emergence of other peremptory norms of general international law (jus cogens), a non-exhaustive list of
norms that the International Law Commission has previously referred to as having
that status is:
The prohibition of aggression;
The basic rules of international humanitarian law;
The prohibition of racial discrimination and #apartheid; The right of self-determination.
Peremptory norms of general international law (jus cogens) reflect and
protect fundamental values of the international community, are hierarchically
superior to other rules of international law and are universally applicable.
1. Peremptory norms of general international law (jus cogens) give rise to
obligations owed to the international community as a whole (obligations erga
omnes), in which all States have a legal interest.
2. Any State is entitled to invoke the responsibility of another State for a breach
of a peremptory norm of general international law (jus cogens), in accordance with
the rules on the responsibility of States for internationally wrongful acts.
All of the above applies to #Israeli policies and practices in occupied #Palestinian territory. All of which require the following:
1. States shall cooperate to bring to an end through lawful means any serious
breach by a State of an obligation arising under a peremptory norm of general
international law (jus cogens).
2. No State shall recognize as lawful a situation created by a serious breach by a
State of an obligation arising under a peremptory norm of general international law
(jus cogens), nor render aid or assistance in maintaining that situation.
3. A breach of an obligation arising under a peremptory norm of general
international law (jus cogens) is serious if it involves a gross or systematic failure by
the responsible State to fulfil that obligation. #Israeli wrongful conduct in #oPt is well documented.
While reference to racial discrimination and apartheid is somewhat novel, other breaches of peremptory norms have been widely observed and reported. They are all equally egregious and will all, unfortunately, continue unless brought to an end by the international community.
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In November 1974, the question of #Palestine was reintroduced to the agenda of the UN General Assembly, after decades of being subsumed by the Arab-Israeli conflict. Let's see how it was considered then, and how it would apply 48 years later.
1. Deeply concerned that no just solution to the problem of Palestine has yet been achieved - true then, unfortunately, true now.
2. Reaffirms that the Palestinian people in Palestine are entitled to (a) self-determination without external interference; (b) national independence and sovereignty. Remains true, yet unrealized in full, despite nominal self-rule.
The humanitarian, normative, and political state of affairs in occupied #Palestinian territory, January 2022. Long thread, let's begin:
Seven months after an #Israeli government, led by Prime Minister @naftalibennett and Foreign Minister @yairlapid was sworn in Israel has approved, for deposit or validation plans for 6,417 settlement housing units and tendered for the construction of an additional 1,300.
Once constructed and populated, it would have facilitated – according to the Israeli Central Bureau of Statistics – the implantation of additional 23,200 settlers, in violation of Article 49 GCIV #IHL.
Yesterday I followed the UN Security Council's open debate on the question of Palestine, ably presided over by @NorwayMFA@AHuitfeldt and @NorwayUN@mona_juul and elevated to the level of foreign ministers, as deserving of the political impasse underlining this conflict.
The protracted character of Israeli occupation, the numerous - and well-documented - breaches of international law, and the humanitarian plight it necessarily creates was clearly reflected in the @UNSCO_MEPP@TWennesland briefing, and in Council members statements.
Likewise, 'Lex Lata', international law as it exists, was clearly stated, notably by @Palestine_UN and @franceonu, @irishmissionun, and @EstoniaUN joint statement. But the law as is, including Security Council resolutions, is insufficient in resolving the question of Palestine.
Israeli TV news channel 21 live broadcast from #KhanAlAhmar, where Israeli electoral candidates @naftalibennett, @gidonsaar, @bezalelsm, among others, line up to pledge the forcible transfer of #Palestinians and their supplanting with settlers - following tomorrow's elections.
If pledging to commit multiple grave breachs of international law in front of a camera, and against the backdrop of the community who will be victimized by these actions, is not sufficient for the international community to infer bad faith on the part of Israeli politicians (...)
and do away with calling on Palestinians to enter intro negotiations with these would-be criminals, I'm not sure what will.