A central element of this process must be the
identification and holding to account of those
Israeli individuals who have been, and continue to be, responsible for the perpetration of
widespread human rights abuses, including
those constituting war crimes, crimes against
humanity, and the crime of genocide against the
Palestinian people. Accountability for human
rights abuses, in combination with an end to the
unlawful occupation, all based on the application of international law, is the foremost means
by which political, economic, and social security
can be attained. In addition to implementation of
universal jurisdiction statutes, the enforcement
of the International Criminal Court’s arrest warrants for Israeli leaders must be prioritised.
The implementation of an immediate, comprehensive, and effective two-way arms embargo
against Israel must be undertaken as an immediate requirement for the Conference to serve
a function of achieving any solution that results
in Palestinian self-determination.
In terms of the Conference’s attention to economics and humanitarian aid, we emphasise
that the ICJ advisory opinion affirmed that ‘[t]he
dependence of the West Bank, East Jerusalem,
and especially of the Gaza Strip, on Israel for the
provision of basic goods and services impairs
the enjoyment of fundamental human rights,
in particular the right to self-determination’.
A people cannot freely determine its future if
its material basis, water, fertile land, and biodiversity, has been destroyed or expropriated
by the occupying power, nor where its people
are denied their individual and collective human
rights, including the ability to travel freely and
exercise their right to movement.
Israel’s denial of aid and essential services to
Palestinians not only exacerbates humanitarian suffering but also entrenches conditions
of subjugation that violate the principle of
On the Proposal for a July 2025 UN conference
on a two-State solution for Israel and Palestine
self-determination under international law, in
acts intended to destroy the Palestinian group.
By impeding humanitarian actors, including UN
agencies such as UNRWA from fulfilling their mandate, Israel has manufactured a situation where
Palestinians are entirely dependent on a racist
occupying power for their subsistence, a situation which facilitates Israel’s capacity to escalate,
expand, and intensify its starvation and isolation
campaigns against Palestinians at its whim.
It is imperative therefore that the Conference
recognise that in all dealings with occupied
Palestine, existing regulatory frameworks,
including those shaped by the Oslo Accords,
including the Paris Economic Protocol and
Israeli Military Orders, must be interpreted,
applied, and enforced, in such a manner that
is fully compatible with, and does not detract
from, international humanitarian law and the
inalienable rights of the Palestinian people under international law. As was noted by the UN
Secretary-General, in its written submission
to the ICJ in the pending UNRWA advisory
opinion proceedings: ‘As far as the relevance
of the 1993 and 1995 Oslo Accords signed by
Israel and the Palestine Liberation Organization
is concerned, the Court, in its Advisory Opinion
of 19 July 2024, stated that “the Oslo Accords
cannot be understood to detract from Israel’s
obligations under the pertinent rules of international law applicable in the Occupied Palestinian
Territory”.
The duty to ensure unimpeded humanitarian
access can also be seen in Security Council
Resolutions and the jurisprudence of the ICJ,
including in the ICJ’s Provisional Measures
Orders in the South Africa v Israel proceedings. UN Security Council Resolution 2720
specifically obliges all parties to the conflict,
including Israel, to protect civilians and enable
humanitarian assistance to the Palestinians
in Gaza. The resolution further ‘demands that
6
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