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.
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