In 2004, the @CIJ_ICJ asserted the duty to establish, as soon as possible, a #Palestinian state. The Court was of the view, at the time, that negotiations between the parties would (likely?) resolve outstanding problems on the basis of international law. It was not the case.
April 2014 was the last attempt at bilateral (indirect) negotiations, after which #Israel abandoned even the appearance of trying to bring its belligerent occupation of #Palestinian territory to an end.
Towards the end of the month, #UNGA77 will address the question of #Palestine back to the @CIJ_ICJ, cognizant of the #Israeli government determination to continue its occupation - and with it the subversion of #Palestinian self -determination - perpetually.
The @CIJ_ICJ could not consider bilateral negotiations with an entrenched and pariah #Israeli government as adequate in securing a politically independent and permanently sovereign #Palestinian state. It will likely consider other pacific measures towards the same goal.
Mediation, conciliation or arbitration are likely modalities the Court would consider as preferable with the end goal remaining the same, the realization - in full and without further delay - of #Palestinian self -determination, which is their inalienable right.
The @CIJ_ICJ will also address the legality of a prolonged #Israeli occupation, adapting a test such as the one developed by @MichaelLynk5 that would expose the acquisitive and abusive purpose of prolonging the occupation, in violation of peremptory norms of international law.
The @CIJ_ICJ would likely opine, as in #Chagos, that the obligation to de-colonize occupied #Palestinian territory is an obligation erga omnes, an obligation in which all states have an interest, and an entitlement to adopt lawful measures towards immediate effect.
It is so decided!
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Given its widespread and systematic disregard for international legal norms in its control and exploitation of #Palestinian territory, #Israel cannot be considered a "lawful occupant," but instead the @CIJ_ICJ should find its prolonged occupation to be in serious breach of peremptory norms of international law.
An @CIJ_ICJ determination later this afternoon that #Israel has become an illegal occupant - whose actions deny #Palestinian self-determination and result in exacerbated humanitarian needs - would elevate the duty of the international community to end the occupation. Such a determination by the #ICJ would re-establish the framework of international law as the guiding path to a just and
durable resolution to the question of #Palestine.
The @CIJ_ICJ finds that it has material jurisdiction over the questions addressed to it, and that the questions are justiciable. It rejects opposing views that it would be improper for it to opine on this matter considered by the Security Council.
Considering t the attack in Al Mawasi #Gaza earlier today - which has led to multiple civilian fatalities - I remembered hearing #Israel's Head of International Law at the Military Advocate General’s Corps during a 2017 @IIHL_Sanremo conference.
He said at the time that military commanders, when considering Art. 57 of AP I ("constant care shall be taken to spare the civilian population, civilians and civilian objects") should not give it precedence over military gains.
He went on to argue that precautions in attack, including the use of precision munitions that would limit adverse impact to civilians - in this instance internally displaced in Gaza due to Israel's wanton actions - is subject to the "economizing" of weapons.
Today, #Israel is to report to the @CIJ_ICJ on the implementation of the order of provisional measures (24 May), including:
* Immediately halt its military offensive, and any other action in the #Rafah Governorate
* Maintain open the Rafah crossing for unhindered provision at scale of urgently needed basic
services and humanitarian assistance
* Ensure unimpeded access to the #Gaza Strip of any commission of inquiry or other investigative body mandated by competent organs of the @UN @UN_HRC
* Since 24 May, 1,631 Palestinians were killed, and 6,453 were injured in Gaza, many of them in and around Rafah
* The Rafah crossing was destroyed by Israeli forces and remains inoperable
* Israel rejected the recent report by the HRC Commission of Inquiry and remains noncooperative
Israel brought the humanitarian operation to a near standstill, @eu_eeas High Representative @JosepBorrellF and @eu_echo Commissioner @JanezLenarcic issued a warning that "due to the ongoing military operations and the collapse of law and order in Gaza, our partners are forced to operate in an unacceptably unsafe environment [...] Operations are at risk of breaking down if no action is taken. eeas.europa.eu/eeas/gaza-stat…
BREAKING: @CIJ_ICJ decides by a vote 13-2 that #Israel shall immediately halt its military offensive in #Rafah.
The Order issued by the Court is without appeal, and according to Article 94 of the UN Charter, "Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party".
If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, "the other party may have recourse to the Security Council #UNSC, which may, if it deems necessary, decide upon measures to be taken to give effect to the judgment".
While international attention is given to atrocity crimes committed by #Israel in #Gaza, its Parliament preceded - in a preliminary vote - with committing the crime of aggression - annexing the southern parts of the West Bank along with its numerous settlements.
The draft bill redefines the geography of the Negev Desert (in red) to include the metropolitan territory of #Israel and the "area", a synonym for occupied #Palestinian territory. The ancillary note explains the "desire for equality and non discrimination" between Israelis.
The backstory to Israel's 'annexation via policy measures', accelerated since 7 October under the fog of war:
The journey to #Palestinian political independence and #statehood, a few milestones worth recalling in view of the decision of #Norway, #Ireland, and #Spain (and other WEOG states soon to follow):
1. In 1974, the UN General Assembly decided that the Palestinian people are the principal party to the question of political independence and permanent sovereignty of #Palestine, invested with a right to external self-determination and represented by the Palestine Liberation Organization #PLO.
2. By 1988, the General Assembly, recalling Res. 181, calling for the establishment of an Arab and Jewish States, affirmed the State of # Palestine right to exercise sovereignty in the territory occupied since 1967. The right to self-determination was matched with a territory - creating a 'self-determination unit.'