incomes derived therefrom and to facilitate their restitution, these lands and
properties have been seized by the Israeli government over many years.
3.2. Accountability: Third State Obligations
When an international wrong is committed, under certain circumstances
international law imposes legal obligations upon third states. These
are prescribed by the Law of State Responsibility, IHL, and International
Criminal Law.
Third State Obligations under the Law of State Responsibility
According to the International Law Commission’s Draft Articles on
Responsibility of States for Internationally Wrongful Acts (ILC Draft
Articles), which reflect the relevant norms of customary law, international
responsibility of third states arises in the case of a third state’s complicity
in the commission of the international wrong, i.e. when a state is providing
aid or assistance in the commission of such an act.179
In addition to this, in the case of a serious breach of a peremptory norm
of general international law, (considered at Part II, Chapter III of the ILC
Draft Articles) all states, as part of the international community, are bound
by specific obligations. A peremptory norm of international law is defined
by Article 53 of the Vienna Convention on the Law of Treaties as “a norm
accepted and recognized by the international community of states as a whole
as a norm from which no derogation is permitted.”180 The International Law
Commission (ILC) identified a certain number of obligations as peremptory,
including the prohibition of racial discrimination and apartheid, the basic
rules of IHL, the right of self-determination, the prohibition of the threat
of force and the prohibition of land annexation181 - rules which are all, to
179 ILC, Draft Articles on Responsibility, supra note 34, art. 16.
180 United Nations, Vienna Convention on the Law of Treaties, 1155 UNTS 331, 23 May 1969, available at:
http://www.refworld.org/docid/3ae6b3a10.html [accessed 27 Jul 2018], art. 53.
181 International Law Commission, Report of the International Law Commission on the work of its fiftythird session (23 April–1 June and 2 July–10 August 2001), Supp. No. 10 (A/56/10), 2001, available
at http://legal.un.org/ilc/documentation/english/reports/a_56_10.pdf , 283-284. See also ILC, Draft
Articles on Responsibility, supra note 34, 112 (racial discrimination and apartheid); Legality of the
Threat or Use of Nuclear Weapons, Advisory Opinion, 1996 ICJ 226, 8 July 1996, available at: http://
www.icj-cij.org/files/case-related/95/095-19960708-ADV-01-00-EN.pdf , para 79 (fundamental rules
of IHL); Case Concerning East Timor (Portugal v. Australia), 1995 ICJ 90, 30 June 1995, available at:
http://www.icj-cij.org/files/case-related/84/084-19950630-JUD-01-00-EN.pdf , para 29 (right to selfdetermination); Charter of the United Nations, 1 UNTS XVI, 24 October 1945, available at https://
treaties.un.org/doc/publication/ctc/uncharter.pdf , art. 2(4) (prohibition of the threat of force).
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