they gradually deprive them from their ability to enjoy their legitimate
right to self-determination.
As peremptory norms of international law, the prohibition of apartheid
and the right to self-determination408 are “accepted and recognized by the
international community of states as a whole as [norms] from which no
derogation is permitted.”409
Their observance and respect are incumbent upon all UN member states,
which are bound by two types of obligations under Article 41 of the Draft
Articles on Responsibility of States for Internationally Wrongful Acts.410
•
Non-assistance: Third states shall “not render aid or assistance to the
responsible state in maintaining the situation so created.”
•
Non-recognition: Third states shall not “recognize as lawful a situation
created by a serious breach” of a peremptory norm.
With due regard to the above, third states are obligated to abstain from
acknowledging and supporting situations of fragmentation, segregation
and isolation created by Israel in order to acquire sovereignty over Palestine
through the denial of the Palestinian people’s right to self-determination.
The international community, states, UN agencies, and international civil
society must take all measures available within international law to hold
Israel accountable for its policies and practices rooted in fragmentation,
segregation and isolation, resulting in the ongoing violation of the Palestinian
people’s right to self-determination. These steps include, inter alia:
•
Applying appropriate legal terminology to the present-day reality in
Palestine. Particularly, identifying that practices attributable to Israel –
including fragmentation, segregation and isolation- not only violate the
right to self-determination of the Palestinian people and contribute to
their forcible transfer, but also constitute one of the pillars of Israel’s
apartheid regime over the whole of Palestine and its people.
408 ILC, Draft Articles on Responsibility of States for Internationally Wrongful Acts, with commentaries,
A/56/10, art.26, commentary 5, November 2001, available at: https://legal.un.org/ilc/texts/
instruments/english/ commentaries/9_6_2001.pdf; Ibid., art.40, commentary 5; UN Charter, supra
12, art. 56; Case Concerning East Timor, supra 13, §29; Declaration on Principles of International Law
concerning Friendly Relations and Co-operation among States, supra 14.
409 United Nations Convention on the Law of Treaties, 1155 UNTS 331, 23 May 1969, art.53, available at:
https://www.jus.uio.no/lm/un.law.of.treaties.convention.1969/53.html [accessed 28 February 2020].
410 ILC, supra 408, art.41(2).
107
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