{"id":121066,"date":"2017-10-27T16:15:49","date_gmt":"2017-10-27T16:15:49","guid":{"rendered":"https:\/\/www.un.org\/unispal\/?post_type=document&p=121066"},"modified":"2020-07-22T00:57:28","modified_gmt":"2020-07-22T04:57:28","slug":"experts-explore-legal-means-to-mitigate-human-rights-inequities-as-third-committee-delegates-caution-against-political-bias-in-judicial-reform-press-release","status":"publish","type":"document","link":"https:\/\/www.un.org\/unispal\/document\/experts-explore-legal-means-to-mitigate-human-rights-inequities-as-third-committee-delegates-caution-against-political-bias-in-judicial-reform-press-release\/","title":{"rendered":"Experts Explore Legal Means to Mitigate Human Rights Inequities, as Third Committee Delegates Caution Against Political Bias in Judicial Reform – General Assembly Press Release"},"content":{"rendered":"

THIRD COMMITTEE<\/strong>
\nSEVENTY-SECOND SESSION,\u00a0<\/strong>
\n34TH & 35TH MEETINGS (AM & PM)<\/strong>
\nGA\/SHC\/4213<\/strong>
\n27 OCTOBER 2017<\/strong><\/p>\n

fran\u00e7ais<\/a><\/p>\n

video<\/a><\/p>\n

Ways and means of addressing human rights challenges through the rule of law, whether domestically or globally, was the topic of the day in the Third Committee\u00a0(Social, Humanitarian and Cultural) as delegates engaged with experts on gender identity, the Palestinian Territories, and truth and justice in general.<\/p>\n

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Michael Lynk, Special Rapporteur on the Situation of Human Rights in the Palestinian Territories Occupied since 1967, also focused his presentation through a legal lens.\u00a0 He had devised a four-part test, anchored in international law, to determine whether an occupying power was the lawful occupant of territory.\u00a0 \u201cIsrael, the occupying power, is in substantial breach of each of the four parts of this test,\u201d he said, urging the General Assembly to sponsor a legal study on ways for States to ensure respect for international law, including the duty to end a wrongful situation.<\/p>\n

\/…<\/p>\n

MICHAEL LYNK, Special Rapporteur on the Situation of Human Rights in the Palestinian Territories Occupied since 1967, said Israel had refused to cooperate with his mandate and respond to his requests to visit the Territories.\u00a0 His report\u2019s central theme explored whether an occupying power, which treated the territory in an acquisitive manner \u2014 in violation of international law \u2014 had become an illegal occupant.\u00a0 Until now, the international community had treated Israel as the lawful occupant of Palestinian territories, despite that it had breached international law through its settlement enterprise, construction of the wall, annexation of East Jerusalem and systemic violation of human rights.<\/p>\n

He had devised a four-part test, anchored in international law, to determine whether an occupying power was the lawful occupant of territory.\u00a0 The first part centred around the established legal principle that an occupier could not annex or gain title to any part of the occupied territory.\u00a0 The second part was that the occupation must be temporary.\u00a0 As such, the occupying power was required to establish conditions to end the occupation, such as public order and a functioning economy.\u00a0 The third part involved determining whether the occupying power acted in the best interest of the people under occupation.\u00a0 The fourth part required the occupying power to administer the territory in good faith \u2014 a cornerstone principle of the international legal system \u2014 meaning that it must carry out its duties in an honest, loyal, reasonable and diligent manner.<\/p>\n

\u201cIsrael, the occupying power, is in substantial breach of each of the four parts of this test,\u201d he said.\u00a0 Israel had annexed East Jerusalem and parts of West Bank.\u00a0 Its occupation was not temporary in nature.\u00a0 Israel had not acted in the best interests of Palestinian people, having exploited occupied land for its settlers.\u00a0 Israel had failed to live up to the demands of the good faith principle and defied relevant Security Council resolutions.\u00a0 Its role as an occupant had \u201ccrossed the red line\u201d into illegality and he urged use of legal and diplomatic tools to end the occupation.<\/p>\n

When the floor opened to questions, a representative of the\u00a0State of Palestine<\/u>\u00a0expressed full support of the Special Rapporteur\u2019s mandate, noting that his report could transform the discussion towards the illegality of Israel\u2019s occupation.\u00a0 After 50\u00a0years, the international community must realize not enough had been done to help Palestinians.\u00a0 The report identified the human rights situation in Palestine as deteriorating and stated that Israel\u2019s rule had reached the point of illegality under international law.<\/p>\n

Facts and analysis revealed Israel had failed the test of a lawful occupant, she said, pointing to the Special Rapporteur\u2019s comment that Israel\u2019s role had \u201ccrossed a red line\u201d.\u00a0 De-facto annexations of territories, human rights violations and disregard for Security Council resolutions demonstrated that Israel was not operating in good faith and with impunity.\u00a0 A large reason for such behaviour was that the international community had failed to hold Israel accountable.<\/p>\n

She asked the Special Rapporteur about the implications of finding the occupying power as illegal, what framework could protect Palestinians and how the international community should react.\u00a0 She condemned Israel\u2019s refusal to participate with the mandate and called on it to be brought into compliance with international obligations.<\/p>\n

The representative of\u00a0Israel<\/u>\u00a0said Hamas was an internationally recognized terrorist organization that targeted Palestinians speaking out against their actions.\u00a0 Palestinian authorities were also paying terrorists to attack Israeli citizens, she said.\u00a0 The report\u2019s disregard for such rights violations made it clear that the Special Rapporteur had an anti-Israel bias and wished to isolate Israel, noting that he recently had called for sanctions against Israel and was seeking to exploit United Nations mechanisms to pursue his own agenda.\u00a0 The Special Rapporteur had no choice but to resign, she said.<\/p>\n

The representative of\u00a0Namibia<\/u>\u00a0expressed concern over Israel\u2019s failure to grant the Special Rapporteur access to the region to gather first-hand information.\u00a0 Continuous non-cooperation from Israel was \u201chighly regrettable\u201d, she said asking the Special Rapporteur to discuss the possibility of seeking an advisory opinion on the Palestinian question from the International Court of Justice.<\/p>\n

The representative of\u00a0South Africa<\/u>\u00a0voiced opposition to the negative effects of occupation on the people of Palestine and agreed that the occupation had become an \u201cillegal oxymoron\u201d.<\/p>\n

The representative of\u00a0Morocco<\/u>\u00a0said the Palestinian issue was at an impasse and reiterated her support for initiatives aimed at creating a Palestinian State with Jerusalem as its capital.<\/p>\n

The representative of\u00a0Saudi Arabia<\/u>\u00a0said Israel continued to violate basic human rights and pursue colonial policies.<\/p>\n

The representative of\u00a0Nicaragua<\/u>\u00a0said that despite appeals from the international community, Israel continued to build illegal settlements and asked how such policies affected Palestinians\u2019 right to development.<\/p>\n

The representative of the\u00a0European Union<\/u>\u00a0said achieving a two-State solution was central to the bloc\u2019s policy.\u00a0 He opposed Israel\u2019s settlement building, and condemned terror attacks from all sides and in all circumstances.<\/p>\n

The representative of\u00a0Cuba<\/u>\u00a0demanded a just, peaceful solution and called for recognition of a Palestinian State.<\/p>\n

The representative of\u00a0China<\/u>\u00a0vowed to pay attention to the human rights situation in the occupied territories and expressed support for a two-State solution.<\/p>\n

The representative of\u00a0Turkey<\/u>\u00a0said Israeli policy continued to violate United Nations resolutions, and he expressed commitment to development efforts in the region.<\/p>\n

The representative of\u00a0Malaysia<\/u>\u00a0said Palestinians faced great violations including movement restrictions and inability to construct new homes.\u00a0 He asked about the implications of those policies.<\/p>\n

The representative of\u00a0Iran<\/u>\u00a0said the report outlined violations by Israel and asked if the Special Rapporteur had approached that country\u2019s allies to encourage his potential visit.<\/p>\n

The representative of\u00a0Indonesia<\/u>\u00a0said fundamental human rights and freedoms must be prioritized, and that violations from the occupying power must end.<\/p>\n

The representative of the\u00a0Maldives<\/u>\u00a0said the crisis in Palestine was entirely man-made and caused by Israel.\u00a0 Occupation was a flagrant violation of international law, he said, calling for an independent and sovereign Palestine.<\/p>\n

The representative of\u00a0Norway<\/u>\u00a0urged Israel\u2019s full cooperation with the Special Rapporteur.\u00a0 He expressed concern over practices amounting to collective punishment and called for pursuit of a two-State solution.<\/p>\n

The representative of the\u00a0Russian Federation<\/u>\u00a0said that despite international efforts, little progress had been made in recent decades.\u00a0 He said the two-State solution was the only way forward and called for an end to unilateral actions.<\/p>\n

The representative of\u00a0Iraq<\/u>\u00a0called on the international community to ensure Israel complied with international rules.<\/p>\n

The representative of\u00a0Syria<\/u>\u00a0encouraged the Special Rapporteur to continue working to expose State terror promoted by Israel.<\/p>\n

The representative of\u00a0Egypt<\/u>\u00a0said Israel was pursuing new Greater Jerusalem legislation and asked about the implications of such legislation.<\/p>\n

Mr. LYNK urged the United Nations to commission a study on the legality of Israel\u2019s continued occupation of Palestinian territory.\u00a0 When that had been done in 1971 regarding Namibia and South Africa, the situation there had persisted for over 40\u00a0years.\u00a0 He urged the General Assembly to sponsor a legal study on ways and means for States to ensure respect for international law, including the duty to end a wrongful situation.\u00a0 If those avenues did not succeed, the Assembly should consider the Uniting for Peace resolution.\u00a0 If there were a determination that Israel\u2019s occupier role was no longer lawful, a declaration of illegality of any further rule by Israel would not affect the framework of international protection, such as the Geneva Convention.\u00a0 Those were two separate questions, and a declaration of illegality would maintain protection until the end of the occupation.<\/p>\n

To comments by Israel\u2019s delegate, he said advancing ad\u00a0hominem personal attacks had never been a persuasive argument.\u00a0 On how settlement enterprises affected Palestinians, he said it meant the loss of property, restrictions on the freedom of movement, the pillage of water and natural resources, and the creation of a separate political regime with no place in the modern world.\u00a0 Regarding a query on the implications of a new Jerusalem bill, he noted that in 1967, the initial annexation of East Jerusalem had been disguised as municipal fusion.\u00a0 That had meant to bring in several hundred thousand settlers by a first step of extending the laws of Jerusalem to them.\u00a0 The international community should take up that issue with great alarm.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

\/…<\/p>\n

For information media. Not an official record.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

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