A/HRC/25/67
State to fulfil the obligation”. Without prejudice to an authoritative determination of
whether the breaches of the discussed peremptory norms qualify as “serious”, it is noted
that the violations discussed in the context of the prolonged occupation appear deliberate,
organized, institutionalized and longstanding. In the commentary, the International Law
Commission considers it likely that competent international organizations, including the
Security Council and the General Assembly will address such serious breaches. The
implications for Member States for serious breaches of this nature include an obligation to
cooperate to bring an end to breaches, and an obligation not to recognize or maintain the
illegal situation.92
80.
Finally, from the point of view of international criminal law, with the General
Assembly’s recognition of Palestinian statehood, the opportunity for Palestine to accept the
jurisdiction of the International Criminal Court is now clear. While a declaration was
lodged by the Palestinian Minister of Justice in 2009 purporting to accept its jurisdiction
“for acts committed on the territory of Palestine since 1 July 2002”,93 it seems the Court’s
decision of 3 April 2012 on the question of jurisdiction94 had the effect of closing the
preliminary examination.95 An acceptance of jurisdiction would potentially bring a measure
of accountability for key individuals, and address violations related to the crime of
apartheid and other issues flowing from the more than 400 communications on crimes
allegedly committed in Palestine, received by the Office of the Prosecutor of the
International Criminal Court since 2009.96
VII. Recommendations
81.
In this, his final report, the Special Rapporteur takes the opportunity to
reiterate some past recommendations and add several new ones, namely that:
(a)
Palestinian legal rights, including the right of self-determination, be fully
respected and implemented in attempts to reach a peaceful and just resolution of the
conflict between these two peoples;
(b)
The General Assembly request the International Court of Justice to issue
an advisory opinion on the legal status of the prolonged occupation of Palestine, as
aggravated by prohibited transfers of large numbers of persons from the occupying
Power and the imposition of a dual and discriminatory administrative and legal
system in the West Bank, including East Jerusalem, and further assess allegations that
the prolonged occupation possesses legally unacceptable characteristics of
“colonialism”, “apartheid” and “ethnic cleansing”;
(c)
The Human Rights Council appoint an expert group to propose a special
protocol to the Fourth Geneva Convention with the specific purpose of proposing a
legal regime for any occupation that lasts for more than five years;
92
93
94
95
96
Ibid., art. 41.
See www.icc-cpi.int/NR/rdonlyres/74EEE201-0FED-4481-95D4-C8071087102C/279777/
20090122PalestinianDeclaration2.pdf.
See www.icc-cpi.int/NR/rdonlyres/C6162BBF-FEB9-4FAF-AFA9836106D2694A/284387/SituationinPalestine030412ENG.pdf.
See www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Documents/OTP%20
Preliminary%20Examinations/OTP%20-%20Report%20%20Preliminary%20Examination%20
Activities%202013.PDF.
See www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20
prosecutor/comm%20and%20ref/pe-cdnp/palestine/Pages/palestine.aspx.
21
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents