Background
The General Assembly decided to convene
the conference in its resolution ES-10/24 of
19 September 2024. Further details as to the
conference, which is planned around eight thematic areas, were outlined in General Assembly
resolution 79/81 of 3 December 2024.
Resolution ES-10/24 saw the General Assembly
endorse the July 2024 Advisory Opinion of
the International Court of Justice on the legal
consequences arising from Israel’s policies and
practices in the Occupied Palestinian Territory,
including East Jerusalem, which affirmed the
illegality of Israel’s continued presence in the
Occupied Palestinian Territory.
That Resolution set forth the modalities by which
third states and international organisations are
to implement their obligations, as identified
by the ICJ, in order to bring to a close Israel’s
widespread, systematic, and ongoing violations
of the fundamental norms of international law.
Collapse of Geneva Conventions
High-Contracting Parties Conference
Al-Haq notes that resolution ES-10/24 had
also called for the convening of a Conference
of High Contracting Parties to the Fourth
Geneva Convention relative to the protection
of civilian persons in time of war on measures
to enforce the Convention in the Occupied
Palestinian Territory, including East Jerusalem,
and to ensure respect thereof in accordance
with common article 1 of the four Geneva
Conventions. Swiss led efforts at convening
such a Conference failed, and on 6 March
2025, the day prior to the planned Conference,
Switzerland confirmed that the conference
would not take place, reporting that: ‘Profound
On the Proposal for a July 2025 UN conference
on a two-State solution for Israel and Palestine
differences between the high contracting parties to the Geneva Conventions emerged during
an extensive consultation process. Switzerland,
as the depositary state, therefore concluded
that a significant number of the high contracting
parties did not support such a conference, and
has decided against holding one.’
The continued failure to convene that
Conference, as mandated by the General
Assembly, in the face of intensified Israeli violations of international humanitarian law, evidences the ongoing and alarming undermining of the
Geneva Conventions as a basis for ensuring the
protection of Palestinians struggling to survive
under the unlawful, racist, and genocidal Israeli
occupation. It accentuates the warning of UN
experts, who, when calling for compliance with
the ICJ’s Advisory Opinion, stressed that ‘irresponsible inaction’ threatens to jeopardise ‘the
entire edifice of international law and rule of law
in world affairs.’
Mechanisms to Confront Apartheid
Resolution ES-10/24 had also requested the
UN Secretary-General, in consultation with
the UN High Commissioner for Human Rights
and Member States with relevant expertise, to
present proposals for the establishment of a
mechanism to follow-up on Israel’s violations
of Article 3 of Convention on the Elimination of
Racial Discrimination (CERD), as concluded by
the ICJ’s Advisory Opinion. While the question
posed to the ICJ was limited temporally to the
occupation since 1967, to be truly effective,
this mechanism must move beyond these constraints and be established as promptly as possible. We stress that any established mechanism
must address Israel’s institutionalised regime of
racial discrimination, fragmentation, oppression
and domination over the Palestinian people
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