UN General Assembly demands Israel end ‘unlawful presence’ in Occupied Palestinian Territory

On Wednesday, the United Nations General Assembly cast a decisive vote in favor of a resolution urging Israel to "immediately terminate its unlawful presence" in the Occupied Palestinian Territory.

On Wednesday, the United Nations General Assembly cast a decisive vote in favor of a resolution urging Israel to “immediately terminate its unlawful presence” in the Occupied Palestinian Territory.

The resolution received support from 124 nations, with 14 opposing and 43 abstaining. It calls for Israel to adhere to international law by withdrawing its military forces, halting all new settlement activities, evacuating settlers from occupied areas, and dismantling sections of the separation barrier erected within the occupied West Bank.

The General Assembly further demanded that Israel return land and other “immovable property”, as well as all assets seized since the occupation began in 1967, and all cultural property and assets taken from Palestinians and Palestinian institutions.

The resolution also demands Israel allow all Palestinians displaced during the occupation to return to their place of origin and make reparation for the damage caused by its occupation.

The resolution stems from the advisory opinion issued by the International Court of Justice (ICJ) in July, in which the Court declared that Israel’s continued presence in the Territory “is unlawful”, and that “all States are under an obligation not to recognize” the decades-long occupation.

Threat to peace and security

The Assembly “strongly deplored the continued and total disregard and breaches” by the Government of Israel of its obligations under the UN Charter, international law and UN resolutions, stressing that such breaches “seriously threaten” regional and international peace and security.

It also recognized that Israel “must be held to account for any violations” of international law in the Occupied Palestinian Territory, including of international humanitarian and human rights laws.

The text says Israel “must bear the legal consequences of all its internationally wrongful acts, including by making reparation for the injury, including any damage, caused by such acts.”

The General Assembly highlighted the need for the establishment of an international mechanism for reparations to address damage, loss, or injury caused by Israel’s actions.

It also called for creating an international register of damage caused, to document evidence and related claims.

International conference

The resolution also includes a decision to convene an international conference during the Assembly’s current session to implement UN resolutions pertaining to the question of Palestine and the two-State solution for the achievement of a just, lasting and comprehensive peace in the Middle East.

Additionally, the Assembly requested the UN Secretary-General to present proposals for a mechanism to follow up on Israel’s violations of article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination, as identified by the ICJ.

Article 3 refers to racial segregation and apartheid and the undertaking by International Convention’s States Parties to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction.

Call on States

In its resolution, the General Assembly called upon all UN Member States to comply with their obligations under international law and take concrete steps to address Israel’s ongoing presence in the Occupied Palestinian Territory.

The Assembly urged States to refrain from recognizing Israel’s presence in the Territory as lawful and to ensure that they do not provide aid or assistance in maintaining the situation created by the occupation. This includes taking measures to prevent their nationals, companies, and entities under their jurisdiction from engaging in activities that support or sustain Israel’s occupation.

Additionally, the Assembly called on States to cease importing products originating from Israeli settlements and to halt the transfer of arms, munitions, and related equipment to Israel in cases where there are reasonable grounds to suspect they may be used in the Occupied Palestinian Territory.

Moreover, the resolution urged States to implement sanctions, such as travel bans and asset freezes, against individuals and entities involved in maintaining Israel’s unlawful presence in the Territory. This includes addressing issues related to settler violence and ensuring that those engaged in these activities face legal and financial consequences.

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