INTERNATIONAL COURT OF JUSTICE
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Order of 23 December 2024

Order of 23 December 2024 - 196-20241223-ord-01-00-en.pdf

Obligations of Israel in relation to the presence and activities of the United Nations, other international organizations and third States in and in relation to the Occupied Palestinian Territory

(Request for advisory opinion)

No. 196 23 December 2024

ORDER

The President of the International Court of Justice,

Having regard to Articles 48, 65 and 66 of the Statute of the Court and to Articles 103, 104 and 105 of the Rules of Court;

Whereas on 19 December 2024 the United Nations General Assembly adopted, at the 54th meeting of its Seventy-Ninth Session, resolution 79/232, by which it decided, in accordance with Article 96 of the Charter of the United Nations, to request the International Court of Justice, pursuant to Article 65 of the Statute of the Court, to render an advisory opinion;

Whereas certified true copies of the English and French texts of that resolution were transmitted to the Court under cover of a letter from the Secretary-General of the United Nations dated 20 December 2024 and received on 23 December 2024; Whereas paragraph 10 of this resolution reads as follows:

“The General Assembly,

........

\10. Decides, in accordance with Article 96 of the Charter of the United Nations, to request the International Court of Justice, pursuant to Article 65 of the Statute of the Court, on a priority basis and with the utmost urgency, to render an advisory opinion on the following question, considering the rules and principles of international law, as regards in particular the Charter of the United Nations, international humanitarian law, international human rights law, privileges and immunities applicable under international law for international organizations and States, relevant resolutions of the Security Council, the General Assembly and the Human Rights Council, the advisory opinion of the Court of 9 July 2004, and the advisory opinion of the Court of 19 July 2024, in which the Court reaffirmed the duty of an occupying Power to administer occupied territory for the benefit of the local population and affirmed that Israel is not entitled to sovereignty over or to exercise sovereign powers in any part of the Occupied Palestinian Territory on account of its occupation:

What are the obligations of Israel, as an occupying Power and as a member of the United Nations, in relation to the presence and activities of the United Nations, including its agencies and bodies, other international organizations and third States, in and in relation to the Occupied Palestinian Territory, including to ensure and facilitate the unhindered provision of urgently needed supplies essential to the survival of the Palestinian civilian population as well as of basic services and humanitarian and development assistance, for the benefit of the Palestinian civilian population, and in support of the Palestinian people’s right to self-determination?”;

Whereas the Secretary-General indicated in his letter that, pursuant to Article 65, paragraph 2, of the Statute, all documents likely to throw light upon the question would be transmitted to the Court in due course; Whereas, by letters dated 23 December 2024, the Registrar gave notice of the request for an advisory opinion to all States entitled to appear before the Court, pursuant to Article 66, paragraph 1, of the Statute; Whereas, in view of the fact that the General Assembly has requested that the advisory opinion of the Court be rendered “on a priority basis and with the utmost urgency”, it is incumbent upon the Court to take all necessary steps to accelerate the procedure, as contemplated by Article 103 of its Rules,

  1. Decides that the United Nations and its Member States, as well as the observer State of Palestine, are considered likely to be able to furnish information on the question submitted to the Court for an advisory opinion and may do so within the time-limits fixed in this Order;

  2. Fixes 28 February 2025 as the time-limit within which written statements on the question may be presented to the Court, in accordance with Article 66, paragraph 2, of the Statute; and

Reserves the subsequent procedure for further decision.

Done in French and in English, the French text being authoritative, at the Peace Palace, The Hague, this twenty-third day of December, two thousand and twenty-four. (Signed) Nawaf SALAM, President. (Signed) Philippe GAUTIER, Registrar.

PDF original: Order of 23 December 2024 - 196-20241223-ord-01-00-en.pdf

Press release 2024/86

Case page: Advisory proceedings on the Obligations of Israel in relation to the presence and activities of the United Nations, other international organizations and third States in and in relation to the Occupied Palestinian Territory

un-cool

ETA: I believe this case is separate from Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.

  • glans [it/its]
    ·
    7 days ago

    Fuck man the list of documents for the "legal concequences" case is so fucking dire. Random document: Living Conditions of the Palestinian People - 186-20230531-req-01-04-en.pdf, random page (212 out of 1012):

    Show

    their OCR sucs, this is the approx text

    l37 1238

    English Annex I Page 30 V. SOCIAL AND CULI]IJRAL FACIORS A. Social and cultural env-lgcnmenll

    1. The living conditione of the people in the occupied territories have been profoundly affected by the constraints and restrictions imposed by the occupying -Po*er as iegards their eocial activities, outloook, aspirations -and cultural developmentl Instances of actions deerimental to the growth and development of a natio;l identity among the Palestiniane in the territories have been documented and reported to ,rarious bodies of the united Nations system. v/ An attempt is nade it ttr"'present ""p"ii Eo rnarshall some of these instances sucEintly with a view to focusin! attention on their inpact on the social and cultural life of the people in the occupied territories.

    2. First and foremost should be mentioned the deep sense of insecurity that has spread throughout the Palestinian population in the territories' The Defense (ilo"ie"""y) iegulations, L945, undlr-which they live, and the regulations imposed by th- riiitary adminisEration have tended to deprive the people of their rights to land, water and other resourcea and facilities which could be preserved and deveioped for their own advancement. As mentioned earlier, more than one quarter of the land, public and privately owned, has been taken over by the occupying Power, and water reaources have Leen tapped for the benefit of the new Israeli settlernents in the territories, often at the exPense of the requiremenEs of existing Palestinian villages. Deetruction of dwellings has taken place under-Ehe "r"tg"r,iy laws. Coll.ectivE punishmenE has been imposed on tohtns and villages in the iake- of public demonstrations and acts of violence. Imprisonment and incarceration without trial have taken place and deportation has been resorted to for political and other reasons. Restrictions have been placed on freedom of assotiation and expreesions of non-violent protest, sueh as closing of trading establishments, displaying the colours of the flag adopted by the Palestinians and gatherings for refiiiols prrtpo""". All these actions have had a negative effect on EUe "pirlt of the pitestinians in the territories as far as development and progregs are concerned.

    3. The incidence of such restrictive actions seemed to increage after the rmrnicipal elections of L976, when representatives, including mayors, from the National Front which ",1ppori" the PII) came to the forefront of nunicipal politics'

    v/ See, for e:<ample, reports of the Special Cornrnittee to Investigate Israeli practices Affecting the }fuinan iigttt" of the Population of the occupied Territories; reports of the SecJrity Council dornnission established under resolution 446 (1979); reports to the governing bodies of uMS@, the IIn and l{llc; reports of the Setretary-General subrniited Eo the General Assenbly on'such subjects as living conditions of the Palestinian people in the occupied Arab territories, pemanent sovereignty over national resolrcls in the occupied Arab terriLories and the situation in the I'tiddle East.

    The cover page of that section seems to be page 180 of the PDF. Published June 15 1982