different extents, relevant to the Palestinian context.182 In such cases, by reason of the importance of the rights involved, all states can be held to have a legal interest in their protection and are therefore entitled to invoke responsibility of any state in breach.183 When a serious breach of an obligation under peremptory norms occurs, international law imposes a primary two-pronged obligation upon all states: they have a duty to cooperate to bring the serious breach to an end, and a parallel duty of abstention in recognizing this situation as lawful and in rendering assistance in maintaining that situation.184 As part of the international community, third states can also invoke the responsibility of the state which committed the serious breach and claim, inter alia, reparations for the beneficiaries of the obligation that was breached.185 Duty of cooperation The first obligation, as set out in Article 41(1) of the ILC Draft Articles, is that of a positive duty on all states to cooperate in bringing any serious breach to an end through lawful means, whether or not they are affected by the breach itself. Cooperation is also mentioned in several preambles to human rights treaties, such as the UDHR and ICCPR.186 All states, as members of the international community, are hence required to make a “joint and coordinated effort,”187 adopting appropriate measures in order to bring an end to Israel’s practices of population transfers. 182 See, e.g., the withdrawn Report issued by UN Economic and Social Commission for Western Asia, Israeli practices towards the Palestinian People and the Question of Apartheid, E/ESCWA/ ECRI/2017/1,15 March 2017, available at https://www.middleeastmonitor.com/wp-content/ uploads/downloads/201703_UN_ESCWA-israeli-practices-palestinian-people-apartheidoccupation-english.pdf 183 ILC, Draft Articles on Responsibility, supra note 34, art 48(1)(b). This principle was firstly underscored by the ICJ in the Barcelona Traction case. See Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain), Judgment, 1970 ICJ 3, 5 February 1970, available at: http://www.icj-cij.org/files/ case-related/50/050-19700205-JUD-01-00-EN.pdf, para 32-33. 184 ILC, Draft Articles on Responsibility, supra note 34, art. 41. 185 ILC, Draft Articles on Responsibility, supra note 34, 1 ‎ 27, para 12. 186 While normally preambles are not legally binding, they can be relevant for the interpretation of the ‎treaty concerned, as set out by Article 31(2) of the Vienna Convention on the Law of Treaties, supra note 180. The preamble of UDHR affirms the pledge of UN member states “to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance or human rights and fundamental freedoms”; while the ICCPR preamble highlights “the obligation of states under the charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms”. The recalling of the role of the UN must be read in light of the general duty of cooperation which stems from UN membership status. 187 ILC, Draft Articles on Responsibility, supra note 34‎, 114. 60

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