By Alessandro Spinillo, legal counselor, thinc.
The Arab Group and the Organization of Islamic Cooperation (OIC) submitted a draft resolution to the UN General Assembly, calling for Israel’s complete and unconditional withdrawal from the West Bank within six months.
On September 9, 2024, the Arab Group, represented by Syria, and the OIC sent a letter to the Presidency of the General Assembly (GA) requesting the “swift resumption” of the Tenth Special Emergency Session of the GA, “to enable the membership to consider urgent follow-up on the Advisory Opinion of the International Court of Justice (ICJ) on the legal consequences of Israel’s policies and practices in the Occupied Palestinian Territories…”. They proposed “to resume the session on September 17, 2024, with action to be taken on September 18, 2024, to address this urgent matter”.
The draft resolution demands Israel to bring to an end without delay “its unlawful presence in the Occupied Palestinian Territory, …, and to do so no later than six months since the adoption of this resolution”. It also demands Israel the “evacuation of all settlers” from the territories and “making reparations for the damage caused to all natural o legal persons concerned in the Occupied Palestinian Territory”.
Moreover, the text demands Israel’s strict compliance with the provisional measures ordered by the ICJ in the case concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide (South Africa v. Israel), aimed at protecting the Palestinian people in the Gaza Strip.
It calls on third states to fulfill their legal obligations as outlined in the Advisory Opinion, recognizing the Palestinian people’s right to self-determination as an erga omnes right. Third states are also required to ensure that their nationals, or corporations under their jurisdiction, do not act in any way that implies recognition of, or provides aid or assistance in maintaining, the situation created by Israel’s illegal presence in the Occupied Palestinian Territory. Furthermore, it calls for sanctions against Israeli nationals involved in human rights violations against Palestinian residents and the imposition of arms embargoes on Israel.
We at thinc. have already warned that the ICJ Advisory Opinion is fundamentally flawed. It is one-sided, as it only focused on Israel’s alleged wrongdoings. It completely disregarded Israel’s sovereign claims over the territories of British Mandatory Palestine and ignored the acute security threats Israel faces from its enemies, particularly the growing terrorist activity in the West Bank from Hamas and other jihadist groups backed by Iran. The Advisory Opinion also failed to assess Israel’s reconfiguration of its existential security risks following the horrific Hamas attack on October 7.
Israel’s enemies, including Hamas, Iran, and others, openly declare that their ultimate goal is the annihilation of Israel and the establishment of a jihadist state “from the river to the sea.” They are likely to view the Advisory Opinion as a step in that direction.
It is important to note that ICJ advisory opinions are not binding on the states involved or on third states. Similarly, UN General Assembly resolutions are not legally binding.
Under the circumstances, we recommend that peace-loving nations worldwide work to prevent the adoption of any UN resolution declaring Israel’s presence in the territories illegal or calling for its withdrawal without a comprehensive peace agreement that guarantees Israel’s security and survival. Israel’s enemies have already escalated tensions to a breaking point. Any such resolution would contradict one of the UN’s primary objectives: maintaining global peace and security.
