A/HRC/25/67 for registration of damage had been received and, of the almost 9,000 claims decided, all but 576 claims were found to meet the eligibility criteria for inclusion in the register. Claimants may submit claims under categories of losses including: agriculture; commercial; residential; employment; access to services; and public resources.19 21. In his first report to the General Assembly, the Special Rapporteur recommended seeking the assistance of the Security Council for the implementation of the advisory opinion (A/63/326, para. 51(b)). In the face of the unequivocal opinion of the International Court of Justice, and of General Assembly resolution ES-10/15, in which the Assembly called on Israel to comply with the advisory opinion, Israel has defiantly acted as if international law and international judicial authority has no bearing on its policies and behaviour. With the tenth anniversary of the advisory opinion approaching, it is time again to examine what legitimate action by the international community can be taken to achieve compliance with international law, as set out by the International Court of Justice. It is often supposed that because the legal findings of the Court were embedded in an “advisory opinion” it has no bearing on the status of the legal obligations of Israel. This is incorrect. An advisory opinion of the International Court of Justice is as determinative with respect to the authority of international law as a judgement in a dispute between two or more States, but unlike such a judgement between States that can be directly enforced by reliance on Article 94 of the Charter of the United Nations, an advisory opinion cannot be so implemented. However, this difference does not weaken the obligation of Israel to act in accordance with this authoritative determination of international legal obligations, and its failure to do so puts it in breach of international law and responsible for the cumulative harm inflicted on the Palestinian people. It is past time for the United Nations to take action that seeks to protect the rights of the Palestinian people bearing on the sanctity of their territory and its relation to the underlying right of self-determination. III. Israeli settlements and the fragmentation of occupied Palestine Facts on the ground 22. The hallmark of Israel’s 46-year prolonged annexing occupation of Palestine has been the determined pursuit by Israel of settlement construction and expansion in the West Bank, including East Jerusalem, in defiance of its international law obligations (A/68/513, paras. 4–5). This was clearly reflected in the findings of the international fact-finding mission on the implications of Israeli settlements (A/HRC/22/63). Throughout the past six years, the Special Rapporteur has periodically reported on the expansion of settlements and outposts20 in the West Bank, including East Jerusalem (in breach of Israel’s own commitment to freeze settlement expansion, including natural growth under the 2003 Quartet road map), and the impact of associated policies and practices on the human rights of Palestinians living in the occupied territory.21 While the pro-settlement camp claims that “settlements aren’t the problem”,22 this view stands in sharp contrast to the facts on the ground. 23. Increasing fragmentation of the West Bank, including East Jerusalem, by way of a combination of policies and practices including, but not limited to: the wall; the creation of 19 20 21 22 8 Rules and Regulations Governing the Registration of Claims, art. 11, para. 1. Available from www.unrod.org/docs/UNRoD%20Rules%20and%20Regulations.pdf. Outposts are settlements which, although often established with some kind of Government support, are not officially recognized under Israeli law. A/63/326, A/HRC/13/53/Rev.1, A/65/331, A/HRC/16/72, A/66/358, A/HRC/20/32. See www.jpost.com/Opinion/Editorials/Settlements-arent-the-problem-330306.