General Assembly refers Israeli occupation to UN court

Published January 1, 2023
GAZA: Palestinians hold flags and flash victory signs during a rally to mark the anniversary of the Fatah movement foundation, on Saturday. Fatah, one of the two most dominant political parties in Palestine, is a secular movement founded in Kuwait in 1957 by diaspora Palestinians after the 1948 Nakba to wrest Palestine from Israeli control.—AFP
GAZA: Palestinians hold flags and flash victory signs during a rally to mark the anniversary of the Fatah movement foundation, on Saturday. Fatah, one of the two most dominant political parties in Palestine, is a secular movement founded in Kuwait in 1957 by diaspora Palestinians after the 1948 Nakba to wrest Palestine from Israeli control.—AFP

UNITED NATIONS: The UN General Assembly has asked the International Court of Justice to consider consequences for Israel over its occupation of Palestinian territories, after the Jewish state’s most right-wing government ever took over.

The General Assembly voted 87-26 with 53 abstentions on the resolution, with Western nations split but virtually unanimous support in the Islamic world — including the Arab states that have normalised relations with Israel — and backing from Russia and China.

The resolution calls on the UN court in The Hague to determine the “legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination” as well as of its measures “aimed at altering the demographic composition, character and status” of the holy city of Jerusalem.

53 states abstain, 26 oppose the move backed by 87 nations

Signal to Netanyahu

The Palestinian ambassador to the United Nations, Riyad Mansour, said the vote sent a signal to the new government of Prime Minister Benjamin Netanyahu over its efforts to “accelerate colonial and racist policies” and hailed nations that were “undeterred by threats and pressure”.

“We trust that regardless of your vote today, if you believe in international law and peace, you will uphold the opinion of the International Court of Justice when delivered,” Mansour said.

The Palestinians welcomed the vote by the General Assembly, requesting that the International Court of Justice (ICJ) provide an opinion on the legal consequences of Israel’s occupation of the Palestinian territories.

Israel occupied the West Bank, Gaza and East Jerusalem in 1967. “The time has come for Israel to be a state subject to law, and to be held accountable for its ongoing crimes against our people,” said Nabil Abu Rudeineh, spokesman for Palestinian President Mahmoud Abbas.

‘Morally bankrupt, politicised UN’

Speaking ahead of the vote, the Israeli ambassador Gilad Erdan called the resolution “a moral stain on the UN”. He said: “No international body can decide that the Jewish people are occupiers in their own homeland.”

“Any decision from a judicial body which receives its mandate from the morally bankrupt and politicised UN is completely illegitimate,” Erdan said.

The resolution also demands that Israel cease settlements but General Assembly votes have no legal force — unlike those in the Security Council, where Israel ally US wields veto power.

The United States, Britain and Germany opposed the resolution, while France abstained.

“We do not feel that a referral to the International Court of Justice is helpful in bringing the parties back to dialogue,” British diplomat Thomas Phipps said.

“It is also the position of the UK that it is inappropriate without the consent of both parties to ask the court to give an advisory opinion in what is essentially a bilateral dispute.” Among Western nations that backed the resolution was Portugal, whose representative acknowledged the “risk of overjudicialising international relations” but said the world court “underpins the international rules-based order which we seek to preserve”.

Published in Dawn, January 1st, 2023

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