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The International Court of Justice (ICJ) issued in July 2024 a historic advisory opinion concluding that Israel’s decades long occupation and annexation of Palestinian territory is unlawful because it violates some of the most fundamental tenets of International Humanitarian Law (IHL) and denies Palestinians their human rights.
The ICJ opinion also concludes that all states have an “obligation not to recognize as legal the situation arising from the unlawful presence of Israel in the Occupied Palestinian Territory” and “not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the Occupied Palestinian Territory.” Meanwhile, the virtually unconditional transfer and sale of weapons, parts, and ammunition by governments where there is clear risk of use in harming civilians and violating international law has continued.
As the UN General Assembly has just voted on a resolution this week that would seek to bring the occupation to an end (124 countries voted in favour), the undersigned organizations call on all governments, including the UN Security Council and its members, to adhere to the ICJ’s advisory opinion, including through the halting the transfer and sale of weapons, parts and ammunition.
HI welcomes the United Nations General Assembly resolution, in response to the International Court of Justice’s advisory opinion, declaring Israel’s presence in the Palestinian territories unlawful and calling for its end within a year. This historic resolution will address the root causes of the long-lasting conflict in the occupied Palestinian territories and Israel.
This resolution arrives in a context of 11 months of intensification of the conflict following Hamas attacks on the 7th of October. As an immediate action, HI calls on all Member States to take concrete steps to ensure compliance with this ruling, prioritizing the protection of civilians and their rights in all actions. This includes reaching a ceasefire to prevent further loss of innocent lives, facilitate the rapid and safe delivery of humanitarian aid, and ensure the release of hostages and captives to end the suffering. HI calls on member states to suspend the transfer and sale of all weapons, parts, and ammunition where there is clear risk and evidence of their use in committing violations of International Humanitarian Law.
This resolution recommits all Member States to honor their obligations and make every possible effort to ensure the swift and full implementation of this resolution and the advisory opinion, promoting a more just international system and ensuring accountability for violations of international law.
Humanitarian, development and human rights organizations, many of us with decades of experience working throughout the Gaza Strip and the West Bank, including East Jerusalem, delivering lifesaving assistance and other services, have witnessed ?rst-hand the humanitarian consequences of Israel’s occupation, and its devastating impact on the Palestinian population, including the well-being of children. This includes but is not limited to:
These practices have taken place without accountability for decades, but the intensi?cation over the last 11 months has led to a staggering humanitarian catastrophe for Palestinians throughout the occupied Palestinian territory, fuelled by the virtually unconditional supply of weapons, parts, and ammunition. More than 40,000 people in Gaza have been killed, and tens of thousands face life-altering injuries and potentially irreversible mental harm, including as a result of apparent violations of IHL. Meanwhile, the situation in the West Bank is deteriorating at a rapid pace, with large-scale Israeli military ground incursions and airstrikes killing and injuring people almost every day this year.
The violence and restrictions under Israeli occupation have rendered the mandates of humanitarian, human rights, and development organizations almost impossible to ful?ll. Humanitarian support provided by Member States is regularly obstructed and destroyed by Israeli authorities.
Assistance that humanitarian organizations have managed to provide has been insuf?cient to address the needs and does not address the root causes of the humanitarian consequences created by Israel’s decades-long occupation that the international community has allowed to continue for too long.
Failure to adhere to the ICJ’s advisory opinion will send a message that states can be selective in their application of international law. It is imperative that states reinforce and show their commitment to international institutions and the international order that has been in place for nearly 80 years.
The time for empty statements has passed. All Member States must act decisively to adhere to the ICJ Advisory Opinion before more lives are irreparably destroyed.
Signatories NGOs:
HI is an independent and impartial aid organisation working in situations of poverty and exclusion, conflict and disaster. We work alongside people with disabilities and vulnerable populations, taking action and bearing witness in order to respond to their essential needs, improve their living conditions and promote respect for their dignity and fundamental rights.
HI is an independent and impartial aid organisation working in situations of poverty and exclusion, conflict and disaster. We work alongside people with disabilities and vulnerable populations, taking action and bearing witness in order to respond to their essential needs, improve their living conditions and promote respect for their dignity and fundamental rights.
