By Manal Abdel Fattah
The Sultanate of Oman submitted a historic oral pleading before the International Court of Justice in The Hague, regarding “Israeli practices against human rights in the occupied Palestinian territories, including East Jerusalem.”
The Sultanate of Oman confirmed in the plea delivered on behalf of the government of the Sultanate of Oman by Ambassador Dr. Sheikh Abdullah bin Salem Al Harithi, Ambassador of the Sultanate of Oman to the Kingdom of the Netherlands, that for more than 75 years the Palestinians have been living under occupation, oppression, injustice and daily humiliation committed against them by the Israelis, and at the same time The failure of the international community and international organizations to help the Palestinian people achieve their aspirations by establishing their independent state.
The Sultanate of Oman explained that, 4 months ago, the world witnessed in Gaza one of the most heinous crimes and acts of genocide in the modern era, as a result of which more than 29,000 people were martyred and more than 68,000 wounded, in addition to 2.2 million living under the weight of poverty in unbearable conditions. Transferring them from one place to another is in clear violation of international norms.
He stressed that the Sultanate of Oman supports United Nations General Assembly Resolution 77/247 dated December 30, 2022, in which the Assembly requested the court to issue an advisory opinion on two specific issues: the legal consequences resulting from Israel’s continued violation of the Convention, and the right of the Palestinian people to self-determination, and the occupation of territories. The Palestinian Authority since 1967, including the city of Al-Quds Al-Sharif, in addition to its measures aimed at changing the demographic composition, character, and status, and its adoption of relevant discriminatory legislation and measures.
He continued: The second issue is that Israel’s policies and practices affect the legal status of the occupation, and the resulting legal implications for all countries and the United Nations.
He said: The Sultanate of Oman requests that the following matters be taken into consideration: First: Violating the right to self-determination, occupation, settlement, and annexation of the Palestinian territories occupied by Israel since 1967 leads to obstructing the realization of the inalienable and inalienable rights of the Palestinian people, including their right to self-determination.
And his right to return.He added that there is a broad international consensus confirming the existence of the right to self-determination, but this right continues to be denied in the issue of the occupied Palestinian territories, and that this right is established, inter alia, in Article 1 of the United Nations Charter, and the United Nations General Assembly has constantly affirmed the right of the Palestinian people to Self-determination, and calling on the UN Security Council to end the Israeli occupation and establish two states on the 1967 borders.
The Human Rights Council also consistently recognizes “the inalienable, permanent and unconditional right of the Palestinian people to self-determination,” and as a result of these clear violations of international law in the continuation of the 75-year occupation, the Court must decide that the Government of Israel must put an immediate and unconditional end to All activities, policies and laws that prevent and hinder Palestinians from self-determination, and the solution is primarily to end the occupation of the Palestinian territories.
Calling on the court to recognize the clear responsibility placed on all states to support the establishment of Palestinian self-determination in line with the resolutions and Charter of the United Nations.
He pointed to the second consideration, which is that the prolonged occupation, settlement, and annexation of Palestinian lands, and the continuous and systematic illegal transfer of Israeli citizens to settlements in the occupied Palestinian territory over decades, aims to perpetuate the occupation and make it continuous, and linked to this policy is the displacement of Palestinians and the establishment of a coercive system of discrimination and division.
Territories, planning, illegal land appropriation, arbitrary detention, and systematic violence since 1967. This forced displacement of the Palestinian people and the transfer of citizens of the occupying state into the occupied territory is prohibited under Article 49 of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, and Article 1 stipulates From that agreement, each contracting party to the agreement is obligated to ensure compliance with it in all circumstances.
The United Nations General Assembly, the United Nations Security Council, and the United Nations Human Rights Council have continuously and repeatedly condemned Israel’s efforts to change the demographic character and status of the occupied Palestinian territories.
In third considerations, he explained that the international community has an obligation to prevent the illegal annexation of Palestinian territories, and that one of the basic principles of international law as reflected in the United Nations Charter is that the use of force in any form is prohibited, and therefore the seizure of territory by use of force is illegal, and that The State of Israel’s 75-year policy of occupation and settlement prevents the creation of a contiguous and viable Palestinian state and constitutes an affront to international law.
The Court should rule that the legal consequences for the Government of Israel in this regard need to include the immediate cessation of all illegal actions, including the settlements and their associated legal and administrative frameworks, and it is necessary that reparations be made for the settlements and illegal frameworks and their dismantling.
His Excellency added: States parties to the Geneva Convention relating to the Protection of Civilian Persons in Time of War are obligated to ensure Israel’s compliance with international humanitarian law as stipulated in the Convention, including the illegal transfer of citizens into the occupied territories.
UN General Assembly Resolution 77/25 called on all states, consistent with their obligations under the Charter and relevant Security Council resolutions, to follow a policy of non-recognition, non-cooperation and non-assistance to the Israeli occupation and to ensure respect for international law in this regard.
