Request for an Advisory Opinion of the International Court of Justice on the Obligations of Israel in Relation to the Presence and Activities of the United Nations, Other International Organizations and 3rd States

A/RES/79/232View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, under agenda item 123a Strengthening of the United Nations System, published in 2024.

What subjects does this mandate have?

5 subjects

Advisory Opinions Humanitarian Assistance International Obligations Israel Territories Occupied by Israel

What’s in this document?

10 operative paragraphs

Expresses its grave concern about the dire humanitarian situation in the Occupied Palestinian Territory;

Demands that Israel comply without delay with all of its legal obligations under international law, including as set out by the International Court of Justice;

Calls upon all parties to comply with their respective legal obligations under international law, including international humanitarian law and international human rights law;

Expresses its appreciation to the Secretary-General for his rapid response and ongoing efforts regarding assistance to the Palestinian people, including with regard to the emergency humanitarian needs, particularly in the Gaza Strip;

Expresses its appreciation for the work of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, recognizes the vital role of the Agency in providing humanitarian and development assistance to the Palestinian people, notably Palestine refugees, and particularly in the Gaza Strip, and endorses the efforts of the Agency to continue operations as far as possible in the Occupied Palestinian Territory, including East Jerusalem, pursuant to resolution 77/123 of 12 December 2022, by which it extended the mandate of the Agency, and any further resolutions extending the mandate, calls upon the Agency to fully implement its high-level action plan for the implementation of the 50 recommendations of the Independent Review of Mechanisms and Procedures to Ensure Adherence by UNRWA to the Humanitarian Principle of Neutrality (Colonna Report), and welcomes the commitment affirmed by the Secretary-General and the Agency that they will fully implement the recommendations;

Reiterates its call to all States and the specialized agencies and organizations of the United Nations system to continue to support and assist the Palestinian people in the early realization of their right to self-determination;

Calls upon Israel to uphold and comply with its obligations not to impede the Palestinian people from exercising its right to self-determination, including by rescinding any measures that obstruct the provision of basic services and humanitarian and development assistance to the Palestinian people;

Also calls upon Israel to abide by the Charter of the United Nations and the Convention on the Privileges and Immunities of the United Nations in order to ensure the safety of the personnel of the United Nations, the protection of its institutions and the safeguarding of the security of its facilities in the Occupied Palestinian Territory, including East Jerusalem, at all times, as well as not to impede or impair the work of third States in the Occupied Palestinian Territory;

Calls upon all parties to avoid actions that could weaken the critical role of the United Nations in conflict resolution and to support initiatives that contribute to a just, lasting and comprehensive settlement of the question of Palestine, the core of the Arab-Israeli conflict, and achievement of the two-State solution, in accordance with the Charter of the United Nations and the relevant resolutions, and the attainment of comprehensive and lasting peace and stability in the Middle East, and expresses its firm support for the role of the Secretary-General in this regard;

Decides, in accordance with Article 96 of the Charter of the United Nations, to request the International Court of Justice, pursuant to Article 65 of the Statute of the Court, on a priority basis and with the utmost urgency, to render an advisory opinion on the following question, considering the rules and principles of international law, as regards in particular the Charter of the United Nations, international humanitarian law, international human rights law, privileges and immunities applicable under international law for international organizations and States, relevant resolutions of the Security Council, the General Assembly and the Human Rights Council, the advisory opinion of the Court of 9 July 2004, and the advisory opinion of the Court of 19 July 2024, in which the Court reaffirmed the duty of an occupying Power to administer occupied territory for the benefit of the local population and affirmed that Israel is not entitled to sovereignty over or to exercise sovereign powers in any part of the Occupied Palestinian Territory on account of its occupation:

What are the obligations of Israel, as an occupying Power and as a member of the United Nations, in relation to the presence and activities of the United Nations, including its agencies and bodies, other international organizations and third States, in and in relation to the Occupied Palestinian Territory, including to ensure and facilitate the unhindered provision of urgently needed supplies essential to the survival of the Palestinian civilian population as well as of basic services and humanitarian and development assistance, for the benefit of the Palestinian civilian population, and in support of the Palestinian people’s right to self-determination?

Who adopted this document and its mandates?

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