BDS

Legal Consequences For All Other U.N. Member States Arising From Israel’s Policies And Practices & From The Illegality Of Israel’s Continued Presence In The Occupied Palestinian Territory

Posted 2024-09-6 by CJ Walsh

2024-09-06: The International Court of Justice (ICJ) published an Advisory Legal Opinion / Avis Juridique Consultatif on 19 July 2024.

Following is an Extract from that Document … Section VII B … Paragraphs 278 & 279 … which set out, very clearly, the legal consequences for ALL OTHER MEMBER STATES of the United Nations (#UN) concerning their dealings with the State of Israel …

ALL OTHER MEMBER STATES of the United Nations are OBLIGED to comply, and without undue delay … in stark view of the State of Israel’s criminal political and military environment.

Taking note of the resolutions of the U.N. Security Council and General Assembly, the International Court of Justice is of the view that Member States are under an obligation not to recognize any changes in the physical character or demographic composition, institutional structure or status of the territory occupied by Israel on 5 June 1967, including East Jerusalem, except as agreed by the parties through negotiations, and to distinguish in their dealings with Israel between the territory of the State of Israel and the Palestinian territory occupied since 1967. The Court considers that the duty of distinguishing dealings with Israel between its own territory and the Occupied Palestinian Territory encompasses, inter alia, the obligation to abstain from treaty relations with Israel in all cases in which it purports to act on behalf of the Occupied Palestinian Territory or a part thereof on matters concerning the Occupied Palestinian Territory or a part of its territory ; to abstain from entering into economic or trade dealings with Israel concerning the Occupied Palestinian Territory or parts thereof which may entrench its unlawful presence in the territory ; to abstain, in the establishment and maintenance of diplomatic missions in Israel, from any recognition of its illegal presence in the Occupied Palestinian Territory ; and to take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the Occupied Palestinian Territory (see Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, I.C.J. Reports 1971, pp. 55-56, paras. 122, 125-127).

Moreover, the Court considers that, in view of the character and importance of the rights and obligations involved, all States are under an obligation not to recognize as legal the situation arising from the unlawful presence of Israel in the Occupied Palestinian Territory. They are also under an obligation not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the Occupied Palestinian Territory. It is for all States, while respecting the Charter of the United Nations and International Law, to ensure that any impediment resulting from the illegal presence of Israel in the Occupied Palestinian Territory to the exercise of the Palestinian people of its right to self-determination is brought to an end. In addition, all the States Parties to the Fourth Geneva Convention have the obligation, while respecting the Charter of the United Nations and International Law, to ensure compliance by Israel with international humanitarian law as embodied in that Convention.

Israel’s Expanding Colonial Occupation of Palestine …

Graphic Image, in colour, showing a sequence of Maps – at years: 1917; 1946; 1947; 1967; Present Day – of a Shrinking Palestine with the corresponding Expanding Colonial Occupation by Israel. Not shown are the post-1967 occupied Golan Heights in Syria and Sinai Peninsula in Egypt. Click to enlarge.

Notes …

1882 – The first Zionist Colony (Hebrew: ‘Aliyah’, the act of going up towards the holy city of Jerusalem) … Rishon LeZion … established in Ottoman Palestine by Jewish immigrants from what was then the Russian Empire (today’s Kharkiv in #Ukraine).

1916 – Long before World War I ended in 1918 … the British & French (Sykes-Picot) Agreement to carve up the Ottoman Middle East between them. Russia was excluded.

1917 – The Balfour Declaration … British Government statement of support for (‘view with favour’) the establishment of a ‘national home for the Jewish people’ … ‘it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine’.

1948 – #Nakba (Arabic: ‘catastrophe’) … Ethnic Cleansing / Expulsion of 750,000+ Palestinians … mass killings and violent displacement, with expropriation of lands, property and belongings … no right of return.

1967 – Arab-Israeli War (5-10 June), fought between Israel and a coalition of Arab States, primarily Egypt, Syria, Jordan … after which Israel illegally occupied: the Golan Heights in #Syria ; the West Bank including East Jerusalem in #Jordan ; the Sinai Peninsula and Gaza in #Egypt.

END

#UNcharter #InternationalLaw #UDHR #ICJ #ICC #HumanRights – #USA #UK #Germany #France #EU #Israel #CriminalState #Nakba #Apartheid #IOF #IsraelOccupationForces #WarCrimes #Genocide #Gaza #WestBank #EastJerusalem – #IndependentPalestine #BDS #SupportBDS – #LastingPeace #Sustainability #SIA #SustainabilityImpactAssessment

USA ‘Rules-Based Order’ Is Purposefully Intended To Damage International Law … So Reinforcing USA’s Global Dominance

Posted 2024-08-27 by CJ Walsh

2024-08-27: Have you – Yes YOU – ever noticed increasing references, over the past few years, to the International Rules-Based Order (RBO) in mainstream media … heavily promoted by USA and certain European political cliques ?

Are You Curious WHY ?

What is this #RBO ? Where are these Rules written down ?? Are they enforceable … and if yes, by what internationally agreed mechanism ???

How does the RBO relate, if at all, to the United Nations (#UN) Charter, International Law, the International Court of Justice (#ICJ), or the International Criminal Court (#ICC) ?

How were the #USA / #UK / #NATO able to justify the use of their illegal ‘shock and awe’ force against, for example, #Iraq (2003) … followed by #Libya (2011) and #Syria (2014) ?

How and why is the USA able to prop up and shield the Criminal Apartheid Racist State of #Israel – a Twisted Zionist Polity – and its political and military leaders from international accountability before the UN Security Council, the ICJ and the ICC … for War Crimes, Crimes Against Humanity and Genocide ?

Read & Weep … Pay Attention & Be Warned …

A very interesting Editorial by John Dugard SC was published in 2023. He is a former Member of the UN International Law Commission, Judge ad hoc of the International Court of Justice, and UN Special Rapporteur on the Situation of Human Rights in the Occupied Palestinian Territories …

Leiden Journal of International Law

John Dugard: ‘The Choice Before Us – International Law or a Rules Based International Order’ (2023)

(Link Above – Download PDF File, 169 Kb – 10 Pages)

‘ The RBO is something other than International Law. It is an alternative regime outside the discipline of International Law which inevitably challenges and threatens International Law. Charitably it may be seen as an order comprising values of a liberal order. Less charitably, it may be seen as a competing order advocated by some Western states, particularly the United States of America, which seeks to impose the interpretation of International Law that best advances the interests of the West, particularly those of the United States of America. Unlike International Law, it does not seem to be a universal order. Instead, it is an order employed by the West, again particularly the United States of America, to ensure its dominance.’

Robust International Law & Lasting Peace

are Fundamental Prerequisites for

Sustainable Human & Social Development

END

#UNcharter #RobustInternationalLaw #LastingPeace #HumanRights #UNsecurityCouncil #Humanity #Sustainability #IndependentPalestine #BDS #USA #RulesBasedOrder #JohnDugardSC #UNspecialRapporteur #LeidenJournal #West #BRICS #China #Russia #SouthAfrica #Ukraine #Iran #GlobalSouth #PRC #SupportBDS #OccupiedPalestinianTerritories #Palestine #Gaza #Genocide #WarCrimes

United Nations 1948 Convention on the Prevention and Punishment of the Crime of Genocide

Posted 2024-01-16 by CJ Walsh

2024-01-16 …

[ Approved and proposed for signature, and ratification or accession, by U.N. General Assembly Resolution 260 A (III) of 9 December 1948. Entry into force: 12 January 1951, in accordance with article XIII. ]

The Contracting Parties,

Having considered the declaration made by the General Assembly of the United Nations in its Resolution 96 (I), dated 11 December 1946, that Genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world,

Recognizing that at all periods of history, Genocide has inflicted great losses on humanity, and

Being convinced that, in order to liberate mankind from such an odious scourge, international co-operation is required,

Hereby agree as hereinafter provided:

Article I

The Contracting Parties confirm that Genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.

Article II

In the present Convention, Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group ;

(b) Causing serious bodily or mental harm to members of the group ;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part ;

(d) Imposing measures intended to prevent births within the group ;

(e) Forcibly transferring children of the group to another group.

Article III

The following acts shall be punishable:

(a) Genocide ;

(b) Conspiracy to commit Genocide ;

(d) Attempt to commit Genocide ;

(e) Complicity in Genocide.

Article IV

Persons committing Genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.

Article V

The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention, and, in particular, to provide effective penalties for persons guilty of Genocide or any of the other acts enumerated in article III.

Article VI

Persons charged with Genocide or any of the other acts enumerated in article III shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.

Article VII

Genocide and the other acts enumerated in article III shall not be considered as political crimes for the purpose of extradition.

The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.

Article VIII

Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of Genocide or any of the other acts enumerated in article III.

Article IX

Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for Genocide or for any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.

Article X

The present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall bear the date of 9 December 1948.

Article XI

The present Convention shall be open until 31 December 1949 for signature on behalf of any Member of the United Nations and of any non-member State to which an invitation to sign has been addressed by the General Assembly.

The present Convention shall be ratified, and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.

After 1 January 1950, the present Convention may be acceded to on behalf of any Member of the United Nations and of any non-member State which has received an invitation as aforesaid.

Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article XII

Any Contracting Party may at any time, by notification addressed to the Secretary-General of the United Nations, extend the application of the present Convention to all or any of the territories for the conduct of whose foreign relations that Contracting Party is responsible.

Article XIII

On the day when the first twenty instruments of ratification or accession have been deposited, the Secretary-General shall draw up a procès-verbal, and transmit a copy thereof to each Member of the United Nations and to each of the non-member States contemplated in article XI.

The present Convention shall come into force on the ninetieth day following the date of deposit of the twentieth instrument of ratification or accession.

Any ratification or accession effected subsequent to the latter date shall become effective on the ninetieth day following the deposit of the instrument of ratification or accession.

Article XIV

The present Convention shall remain in effect for a period of ten years as from the date of its coming into force.

It shall thereafter remain in force for successive periods of five years for such Contracting Parties as have not denounced it at least six months before the expiration of the current period.

Denunciation shall be effected by a written notification addressed to the Secretary-General of the United Nations.

Article XV

If, as a result of denunciations, the number of Parties to the present Convention should become less than sixteen, the Convention shall cease to be in force as from the date on which the last of these denunciations shall become effective.

Article XVI

A request for the revision of the present Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary-General.

The General Assembly shall decide upon the steps, if any, to be taken in respect of such request.

Article XVII

The Secretary-General of the United Nations shall notify all Members of the United Nations and the non-member States contemplated in article XI of the following:

(a) Signatures, ratifications and accessions received in accordance with article XI ;

(b) Notifications received in accordance with article XII ;

(d) Denunciations received in accordance with article XIV ;

(e) The abrogation of the Convention in accordance with article XV ;

(f) Notifications received in accordance with article XVI.

Article XVIII

The original of the present Convention shall be deposited in the archives of the United Nations.

A certified copy of the Convention shall be transmitted to each Member of the United Nations and to each of the non-member States contemplated in article XI.

Article XIX

The present Convention shall be registered by the Secretary-General of the United Nations on the date of its coming into force.

END

#UN #UnitedNations #InternationalLaw #ICJ #TheHague #Palestine #Israel #BenjaminNetanyahu #SouthAfrica #GlobalSouth #BRICS #West #GlobalNorth #Genocide #GenocideConvention #GenocideComplicity #USA #JoeBiden #Britain #UK #LittleEngland #RishiSunak #Germany #OlafScholz #Namibia #GermanSouthWestAfrica #EuropeanColonialism #BDS #IndigenousPeoples #Ovaherero #Herero #Ovambanderu #Mbanderu #Namaqua #Nama #SupportBDS #LandTheft #ExtrajudicialKillings #Massacres #GenocideReparations #BerlinAfricaConference #ForensicArchitecture #ECCHR #RosaLuxemburgFoundation #Africa #Europe #GazaGhetto #IOF #IsraelOccupationForces

Forensic Architecture | Restituting Evidence: 1904-1908 Genocide & Reparations in German Colonial Namibia … https://forensic-architecture.org/investigation/restituting-evidence-genocide-and-reparations-in-german-colonial-namibia-phase-1

Forensic Architecture | Living Archaeology in the Israeli Occupied Gaza Ghetto, with 2023 Update … https://forensic-architecture.org/investigation/living-archaeology-in-gaza/#updates

Importance of the Universal Realization of the Right of Peoples to Self-Determination and of the Speedy Granting of Independence to Colonial Countries and Peoples for the Effective Guarantee and Observance of Human Rights

Posted 2023-10-10 by CJ Walsh

2023-10-10: Referencing only those texts in United Nations General Assembly Resolution 38/17 of 1983 (previously UN A/RES 37/43 of 1982), which specifically mention, and directly/indirectly relate to, Palestine …

The General Assembly,

Reaffirming the obligation of all Member States to comply with the principles of the Charter of the United Nations and the resolutions of the United Nations regarding the exercise of the right to self-determination by peoples under colonial and foreign domination,

Recalling further its relevant resolutions on the question of Palestine, in particular resolutions 3236 (XXIX) and 3237 (XXIX) of 22 November 1974, 36/120 of 10 December 1981, ES-7/6 of 19 August 1982 and 37/86 of 10 December 1982,

Recalling the Geneva Declaration on Palestine and the Programme of Action for the Achievement of Palestinian Rights, adopted by the International Conference on the Question of Palestine, held at Geneva from 29 August to 7 September 1983,

Considering that the denial of the inalienable rights of the Palestinian people to self-determination, sovereignty, independence and return to Palestine and the repeated acts of aggression by Israel against the people of the region constitute a serious threat to international peace and security,

Deeply shocked and alarmed at the deplorable consequences of the Israeli invasion of Lebanon and recalling all the relevant resolutions of the Security Council, in particular resolutions 508 (1982) of 5 June 1982, 509 (1982) of 6 June 1982, 520 (1982) of 17 September 1982 and 521 (1982) of 19 September 1982,

Calls upon all States to implement fully and faithfully all the resolutions of the United Nations regarding the exercise of the right to self-determination and independence by peoples under colonial and foreign domination ;

Reaffirms the legitimacy of the struggle of peoples for their independence, territorial integrity, national unity and liberation from colonial domination, apartheid and foreign occupation by all available means, including armed struggle ;

Reaffirms the inalienable right of the Namibian people, the Palestinian people and all peoples under foreign and colonial domination to self-determination, national unity and sovereignty without foreign interference ;

Strongly condemns those Governments that do not recognize the right to self-determination and independence of all peoples still under colonial domination and alien subjugation, notably the peoples of Africa and the Palestinian people ;

Endorses the declarations and programmes of action on Namibia and Palestine adopted respectively by the international conferences on these questions and calls for their immediate implementation ;

Reaffirms that the practice of using mercenaries against sovereign States and national liberation movements constitutes a criminal act and calls upon the Governments of all countries to enact legislation declaring the recruitment, financing and training of mercenaries in their territories and the transit of mercenaries through their territories to be punishable offences, and prohibiting their nationals from serving as mercenaries, and to report on such legislation to the Secretary-General ;

Strongly condemns the continued violations of the human rights of the peoples still under colonial domination and alien subjugation, the continuation of the illegal occupation of Namibia, and South Africa’s attempts to dismember its Territory, the perpetuation of the racist minority régime in southern Africa, and the denial to the Palestinian people of their inalienable national rights ;

Strongly condemns the constant and deliberate violations of the fundamental rights of the Palestinian people, as well as the expansionist activities of Israel in the Middle East, which constitute an obstacle to the achievement of self-determination and independence by the Palestinian people and a threat to peace and stability in the region ;

Further strongly condemns the massacre of Palestinians and other civilians at Beirut and the Israeli aggression against Lebanon which endangers stability, peace and security in the region ;

Demands the immediate and unconditional release of all persons detained or imprisoned as a result of their struggle for self-determination and independence, full respect for their fundamental individual rights and compliance with article 5 of the Universal Declaration of Human Rights under which no one shall be subjected to torture or to cruel, inhuman or degrading treatment ;

Urges all States, specialized agencies, competent organizations of the United Nations system and other international organizations to extend their support to the Palestinian people through its sole and legitimate representative, the Palestine Liberation Organization, in its struggle to regain its right to self-determination and independence in accordance with the Charter ;

Reiterates its satisfaction at the material and other forms of assistance that peoples under colonial régimes continue to receive from Governments, organizations of the United Nations system and intergovernmental organizations and calls for a substantial increase in this assistance ;

Urges all States, specialized agencies and other competent organizations of the United Nations system to do their utmost to ensure the full implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples and to intensify their efforts to support peoples under colonial, foreign and racist domination in their just struggle for self-determination and independence ;

Requests the Secretary-General to give maximum publicity to the Declaration on the Granting of Independence to Colonial Countries and Peoples and to give the widest possible publicity to the struggle of oppressed peoples for the achievement of their self-determination and national independence and to report periodically to the General Assembly on his activities ;

The Full UN General Assembly Resolution 38/17 (previously 37/43) can be examined here … https://www.un.org/unispal/document/auto-insert-184195

United Nations Resolutions on Palestine … Up To The Present …

General Assembly … https://www.un.org/unispal/data-collection/general-assembly

Security Council … https://www.un.org/unispal/data-collection/security-council

Human Rights Council … https://www.un.org/unispal/human-rights-council-resolutions

Economic & Social Council (ECOSOC) … https://www.un.org/unispal/data-collection/the-united-nations-economic-and-social-council

END

#Palestine #IndependentPalestine #Israel #Gaza #OccupiedTerritories #War #UN #UNGA #UNgeneralAssembly #InternationalLaw #HumanRights #UDHR #ICC #WesternPoliticalHypocrisy #EU #USA #UK #Germany #Nakba #WesternMediaDoubleStandards #USAcriminalState #IsraelCriminalState #WarCrimes #ColonialOppression #HamasFreedomFighters #Apartheid #BDS #BoycottDivestmentSanctions #SupportBDS #WhitePhosphorus #EUparliament #ClareDalyMEP #SupportClareDaly #IsraelLobby #GazaGhetto #Mearsheimer

Forensic Architecture | The Occupied Palestinian Territories: Conquer & Divide … https://forensic-architecture.org/investigation/conquer-and-divide

2017 Speech at the National Press Club, Washington D.C., by Prof. John J. Mearsheimer, Political Scientist & International Relations Scholar: Changes in the Israel Lobby & American Policy – Washington Report on Middle East Affairs ( www.wrmea.org ) … https://www.youtube.com/watch?v=k8Mgdm_6-e0

Forensic Architecture | Shireen Abu Akleh: The Intentional Extrajudicial Killing of a Journalist in Jenin, Palestine … https://forensic-architecture.org/investigation/shireen-abu-akleh-the-targeted-killing-of-a-journalist

Ar C.J. Walsh Technical Blog – Registered Architect, Fire Engineer & Independent Technical/Building Controller …… International Expert on Accessibility (incl. Fire Safety & Evacuation) for ALL + 'Real' Sustainability Implementation ! …… NO ADS & NO AI HERE !!

BDS

Search This Blog

Music While You Browse

Archive Since 2008

Links

Post Categorization

Recent Comments

Categories

Meta