by Susan Nicholson
Remarks presented at the Community Encampment for Palestine, Lynn, MA, September 28, 2024
Second of two articles. For the first article on the July World Court opinion, see https://masspeaceaction.org/world-court-israels-occupation-of-palestinian-territories-is-illegal/
Let’s turn now to the historic Resolution passed September 18 by the United Nations General Assembly (UNGA), a body which the Israeli prime minister in his address to it on September 27 called “an antisemitic swamp.”
Sitting in emergency session two months after the ICJ Opinion, the Resolution affirms and implements the Court’s Opinion.
The Resolution affirms the Court’s key conclusion that Israel’s policies and practices “are designed to remain in place indefinitely and to create irreversible effects on the ground, and amount to annexation of large portions of the OPT.”
The Resolution implements the Court’s Opinion by restating all of its directives, often with greater strength and specificity.
For example, while the Court directs Israel to end its unlawful presence in the OPT “as rapidly as possible,” the Resolution demands that Israel leave within “12 months.”
The Court directs States not to recognize Israel’s presence in the OPT as lawful, and not to render aid or assistance in maintaining that presence.
More specifically, the Resolution calls upon States to:
- Stop importing products made in the settlements
- Prevent trade or investment relations that assist Israel in maintaining its occupation, and
- implement sanctions, including travel bans and asset freezes, against persons helping Israel maintain that presence.
Perhaps most importantly, the Resolution calls upon States to stop providing arms to Israel “in all cases where there are reasonable grounds to suspect they may be used in the OPT.”
Phrased in terms of reasonable grounds to suspect rather than reasonable grounds to believe, this is an easy standard to meet. If acted upon, it would stop the transfer of all but purely defensive weapons, weapons used exclusively within Israel proper.
The GA Resolution thus makes explicit the call of boycott, divestment and sanctions against Israel which was implicit in the Court’s Opinion.
The vote at the GA was overwhelmingly favorable, 124-14.
Among the “Yes” votes were the major European countries of Belgium, Finland, France, Greece, Ireland, Norway, Portugal and Spain, as well as US allies like Japan and New Zealand.
By contrast, 5 of the 14 countries voting “No” were tiny Pacific Island countries whose combined populations are well under 1/2 million people, two of them former US territories still highly dependent upon the US.
Israel and the US, of course, voted “No.”
As Agnes Callamard, Amnesty International’s Secretary General wrote, “Today’s resolution makes crystal-clear that Israel’s 57-year occupation of the Occupied Palestinian Territory, in flagrant violation of international law, cannot be allowed to continue any longer.”
Not so in the eyes of Israel’s representative to the GA, who denounced the Resolution as “diplomatic terrorism.”
Palestine’s New Status at the UN
It is worth noting another historic first in connection with these events. The Resolution affirming the ICJ Opinion was introduced by none other than the State of Palestine.
Until very recently, Palestine was not allowed to introduce resolutions in the GA. That changed this past May 10th, when the GA passed a resolution upgrading Palestine’s status.
Palestine’s new status includes the rights:
- To be seated among other states
- To make statements and introduce resolutions
- To have its delegates elected as officers of the UNGA
- To fully participate in UN conferences and meetings.
The May Resolution upgrading Palestine’s status was nearly unanimous (143-9), with the US and Israel among the 9 dissenters.
What Palestine still can’t do is vote.
Voting requires membership in the UN. Membership in the UN requires a recommendation by the SC followed by favorable 2/3 vote of the GA.
The favorable GA vote would be no problem, as the May Resolution in fact states the view of the GA that Palestine is fully qualified for membership, and passed by nearly 3/4 of the Assembly.
But last April when the SC was voting to recommend UN membership for Palestine, the US blocked the move with its veto.
So Palestine remains as it has since 2012, a nonmember observer state, albeit it now with an upgrade.
Susan Nicholson is a retired health law attorney and a member of MAPA’s Gaza Israel Peace Campaign.