This article critically examines the UN’s commitment to the international rule of law through an examination of its position on occupied Palestine post-1967. Occupation of enemy territory is meant to be temporary and the occupying power may not rightfully claim sovereignty over such territory. Since 1967, Israel has systematically and forcibly altered the status of occupied Palestine, with the aim of annexing, de jure or de facto, most or all of it. While the UN has focused on the legality of Israel's discrete violations of humanitarian and human rights law, scant attention has been paid by the Organization to the legality of its occupation regime as a whole. By what rationale can it be said that Israel's prolonged occupation of Palestine remains legal? This paper argues that the occupation has become illegal for its systematic violation of at least three jus cogens norms. Although an increasing number of commentators have subscribed to this view, little attention has been paid to its relevant international legal consequences which dictate a paradigm shift away from negotiations as the condition precedent for ending the occupation, as unanimously affirmed by the international community through the UN.
Wednesday, April 15, 2020
Imseis: Negotiating the Illegal: On the United Nations and the Illegal Occupation of Palestine, 1967-2020
Ardi Imseis (Queen’s Univ. - of Law) has posted Negotiating the Illegal: On the United Nations and the Illegal Occupation of Palestine, 1967-2020 (European Journal of International Law, forthcoming). Here's the abstract: