NEW YORK – The United Nations General Assembly on Friday passed a resolution calling on the International Court of Justice to deal with the Israeli-Palestinian conflict, Israeli “annexation” and the “legal status of the occupation.”
The Palestinian-sponsored resolution passed by 87 votes to 26, with 53 abstentions.
The resolution is titled “Israeli practices and settlement activities adversely affect the rights of the Palestinian people and other Arabs of the occupied territories” and calls on the Hague-based International Court of Justice to “issue an urgent opinion” on Israel’s “ongoing occupation, settlement and annexation”. of Palestinian territory.”
It also calls for an investigation into Israeli policies “aimed at changing the demographic makeup, character and status of the Holy City of Jerusalem,” and says Israel has passed “discriminatory laws and policies.”
The resolution asks the court to consider the conflict in accordance with international law and the UN Charter.
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The ICJ, also known as the World Court of Justice, is the highest UN court for settling disputes between states. Its judgments are binding and influence public opinion, but there is no enforcement mechanism. The court is separate from the International Criminal Court, which is also located in The Hague.
The court last issued an advisory opinion on the Israeli-Palestinian conflict in 2004, when asked by the General Assembly to rule on the legality of the barrier.
Israel, the US, Britain, Australia, Austria, Canada, Germany and Italy voted against Friday’s resolution.
China, Iran, Ireland, Poland, Portugal, Russia and Saudi Arabia voted in favour, along with Muslim or Arab states with which Israel has ties, including Egypt, Jordan, Morocco, the United Arab Emirates, Bahrain, Sudan and Azerbaijan.
France, Brazil, Denmark, Finland, Japan, the Netherlands, Sweden and Switzerland abstained.
The votes against the resolution and abstentions totaled 79 countries, a smaller margin of support than usual for an anti-Israel measure in the General Assembly.
A UN General Assembly vote on December 30, 2022 on a resolution asking the International Court of Justice to consider the Israeli-Palestinian conflict. (Screenshot/UN)
Some members of the Assembly of 193 Nations, including Ukraine, did not cast a vote. Kiev’s support for the resolution in a committee earlier this year sparked a diplomatic row between Ukraine and Israel.
The UN has a long history of passing resolutions against Israel, and both Israel and the US accuse it of bias. Israel has accused the Palestinians, who have non-member observer status at the UN, of trying to use the world body to bypass peace talks and push through a deal.
Earlier Friday, Israeli Ambassador to the United Nations Gilad Erdan condemned the UN for the resolution, calling it a “moral blemish” on the world body. He has argued that the vote delegitimizes and demonizes Israel, including by only referring to the Temple Mount by its Arabic name, Haram al-Sharif.
The Temple Mount is the holiest site for Jews as the site of the ancient temples and the third holiest site in Islam as the site of Al-Aqsa Mosque.
Erdan did not show up for the vote because it was after Shabbat began. A US official voted against the resolution on behalf of Israel.
“No international body can decide that the Jewish people are ‘occupiers’ in their own homeland. Any decision by a judicial body mandated by the morally bankrupt and politicized UN is utterly illegitimate,” Erdan said in a statement on Friday. “The Palestinians have rejected any peace initiative while supporting and instigating terror. Instead of urging the Palestinians to change, the UN is doing the opposite: helping them harm the only vibrant democracy in the Middle East.”
“The decision to hold a vote on Israel on Shabbat is another example of the UN’s moral decay, preventing Israel’s position from being heard in a vote whose results are predetermined,” he said.
Today the UN will vote on a resolution asking the ICJ to recommend action against Israel. The Palestinians have rejected any peace initiative, but instead of urging them to change, the UN is helping them harm the only vibrant democracy in the Middle East. Absurd! pic.twitter.com/ZQHltgfDZn
– Ambassador Gilad Erdan גלעד ארדן (@giladerdan1) December 30, 2022
Erdan’s tenure as UN envoy was extended Thursday by Prime Minister Benjamin Netanyahu in one of his first steps after returning to the post of prime minister.
The Palestinian representative to the United Nations, Riyad Mansour, welcomed the resolution after it was passed.
“This vote comes a day after the formation of the new Israeli government, which promised to accelerate colonial and racist policies against the Palestinian people,” Mansour told the General Assembly.
“We trust that regardless of your vote today, if you believe in international law and peace, you will uphold the opinion of the International Court of Justice and stand up against this Israeli government now, for liberty, justice and peace shall prevail,” he said.
Anne Bayefsky, a pro-Israel human rights lawyer and professor who oversees the UN, said Mansour’s comments immediately after the vote, before examining the facts or the law, suggested the outcome of the inquiry was likely predetermined.
“It’s not a law at all. It’s a political stunt,” she said. “He is 100% sure that the result will go his way. The General Assembly made fun of the court.”
Ahead of the vote in the General Assembly, the resolution calling for guidance from the International Court of Justice was adopted by the United Nations’ Fourth Committee last month by 98 votes in favour, 17 against and 52 abstentions.
Israel has branded the resolution as biased and dismissive of Israeli security concerns. Former Prime Minister Yair Lapid led a diplomatic campaign, contacting over 50 world leaders to rally opposition to the move.
Israel’s new hard-line government, which was sworn in on Thursday, is likely to further fuel tensions with the United Nations and the international community. The Office of the UN Secretary-General and the UN Human Rights Council did not respond to a request for comment on the new government and its policy towards the Palestinians.
UN envoy for the Middle East peace process Tor Wennesland on Thursday congratulated Netanyahu, said he would continue to work with the Israeli government and stressed the UN’s commitment to a two-state solution.
(1/2) I congratulate Prime Minister @netanyahu on his formation of a new government and look forward to continuing to work closely with the government of #Israel.
— Tor Wennesland (@Twennesland) December 29, 2022
None of Netanyahu’s coalition partners demonstrably support a two-state solution with the Palestinians, some support the annexation of the West Bank without granting equal rights to Palestinians in those areas, and many also vehemently oppose any coordination or strengthening of the PA.
Netanyahu’s government is expected to consolidate Israel’s control of the West Bank. His coalition deals included a vague pledge to annex the territory to Israel, a promise to legalize dozens of unauthorized settlements, and allocating large funds to road construction and public transport in the West Bank.
“The Jewish people have an exclusive and inalienable right to all parts of the Land of Israel. The government will encourage and develop the settlement of all parts of the Land of Israel — in the Galilee, Negev, Golan and Judea and Samaria,” the government’s published overall agenda said. Judea and Samaria are the biblical names for the West Bank.
There is no explicit mention of the Palestinians or the peace process in the guidelines, which only say that “the government will work to promote peace with all of our neighbors while safeguarding Israel’s security, historical and national interests.”
The Palestinian Authority on Thursday called for an international boycott of Israel’s new government over its far-right agenda, saying it poses “an existential threat to the Palestinian people.”
In 2004, the court declared that the separation wall built by Israel “violated international law” and ordered Israel to stop construction immediately.
Israel said the barrier is a security measure designed to prevent Palestinian attackers from reaching Israeli cities. The Palestinians say the structure is an Israeli land grab because of its route through East Jerusalem and parts of the West Bank.
Israel has ignored the 2004 ruling, and Friday’s resolution calls on Israel to abide by halting construction of the wall and dismantling it.
AP contributed to this report.