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UNGA_ROL

UNGA_ROL

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Published by Itay Epshtain

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Published by: Itay Epshtain on Sep 18, 2012
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12/01/2012

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 The Israeli Committee Against House Demolitions | P.O.B 2030 Jerusalem 91020 IsraelTel. +972-2-6245560 | Fax. +972-2-6221530 | www.icahd.org | info@icahd.org| 1
SSTTAATTEEMMEENNTTTTOOTTHHEEUUNNIITTEEDDNNAATTIIOONNSS GGEENNEERRAALLAASSSSEEMMBBLLYY,,HHIIGGHH--LLEEVVEELL MMEEEETTIINNGGOONNTTHHEERRUULLEEOOFFLLAAWW PPRROOLLOONNGGEEDDOOCCCCUUPPAATTIIOONN,,AANNDDSSEELLFF--DDEETTEERRMMIINNAATTIIOONN::TTHHEECCAASSEEOOFFTTHHEE PPAALLEESSTTIINNIIAANNPPEEOOPPLLEEUUNNDDEERRIISSRRAAEELLII RRUULLEE SSEEPPTTEEMMBBEERR22001122 
This project is funded by the United Nations Development Programme
 
 The Israeli Committee Against House Demolitions | P.O.B 2030 Jerusalem 91020 IsraelTel. +972-2-6245560 | Fax. +972-2-6221530 | www.icahd.org | info@icahd.org| 2
The Israeli Committee Against House Demolitions (ICAHD) is a human rights andpeace organization established in 1997 to end Israel’s Occupation over thePalestinians. ICAHD takes as its main focus, as its vehicle for resistance, Israel’spolicy of demolishing Palestinian homes in the Occupied Palestinian Territory andwithin Israel proper. ICAHD was awarded ECOSOC Special Consultative Status in2010.
Published by the Israeli Committee Against House Demolitions (ICAHD)PO Box 2030 Jerusalem 91020 Israel+972 2 624-5560info@icahd.org | www.icahd.orgThe contents of this publication are the sole responsibility of the Israeli CommitteeAgainst House Demolitions and can in no way be taken to reflect the views of theUnited Nations Development Programme.Author:
Itay Epshtain
,
LL.M.
 
 
 The Israeli Committee Against House Demolitions | P.O.B 2030 Jerusalem 91020 IsraelTel. +972-2-6245560 | Fax. +972-2-6221530 | www.icahd.org | info@icahd.org| 3
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1. ICAHD submits the following information for consideration on the occasion of theUnited Nations (UN) General Assembly High-Level Meeting on the Rule of Law. Thissubmission focuses on Israel’s protracted failure to comply with fundamentalprinciples of rule of law and human rights obligations in relation to its occupation of the Palestinian territory, repercussions of the Israeli occupation for the Palestinianpeople, and Israel’s responsibility to respect, protect and fulfil Palestinians humanrights, in accordance with international law and standards.2. In her statement to the meeting, UN High Commissioner for Human Rights NaviPillay has urged all States to
“fulfill their obligations to promote universal respectfor and the observance and protection of all human rights and fundamentalfreedoms for all in accordance with the Charter, the Universal Declaration of Human Rights and other instruments relating to human rights and internationallaw.”
3. In stark contrast, for as long as they have been subjugated by Israeli occupation,Palestinians have been denied such fundamental rights and freedoms, while Israelhas negated its inherent responsibility to respect, protect and fulfill the rights of allthose under its effective control. We therefore must remain cognizant of the Charterof the United Nations (the Charter) Article 6, stipulating that
“A Member of theUnited Nations which has persistently violated the Principles contained in thepresent Charter may be expelled from the Organization by the General Assemblyupon the recommendation of the Security Council.”
4. Short of expulsion from membership and for the restoration of the rule of law, thevery nature and legality of occupation, as well as the legal principles that outline apolitical compact, must be addressed. Primary considerations include: fulfillment of human rights enshrined in international law; a just solution to the Israeli/Palestinianconflict that has confounded the region and the world for decades; and therealization of Palestinian’s inalienable right to national self-determination.5. ICAHD encourages the United Nations General Assembly to adopt a Resolutioncalling for an International Court of Justice Advisory Opinion that establishes a newnormative paradigm of prolonged occupation; reinforces the inalienable humanrights of the Palestinian people to development and self-determination; and depictsthe scope and magnitude of Israel’s illegal policies and practices in the OPT, beyondwhat are IHL breaches and referred to in the 2004 Advisory Opinion; and upholds thelegal obligations of all states and international organizations to cooperate to endIsrael’s breaches, and prolonged occupation.

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