UN General Assembly adopts resolution demanding the end of Israel’s unlawful occupation of the Occupied Palestinian territories within 12 months
Switzerland to convene conference of High Contracting Parties to the Fourth Geneva Convention on the protection of civilians in armed conflicts within six months
18th September 2024 - United Nations General Assembly overwhelmingly passes a resolution requiring the occupying power to end its criminal occupation and annexation of the Occupied Palestinian territories as well as all corresponding unlawful policies and practices in the same within 12 months and be held accountable for crimes it has committed against the Palestinian people in this context since 1967
During a historic emergency special session of the UN General Assembly in New York, a majority of 124 UN Member States voted in favour of draft resolution A/ES-10/L-31/Rev.1 to implement the International Court of Justice’s (ICJ) advisory opinion of 19th July 2024, confirming the unlawful character of Israel’s occupation and policies in the Occupied Palestinian territories (OPt) ongoing since 1967 (the West Bank, the Gaza strip and East Jerusalem) and demanding this and related crimes be ended and accounted for. The government of Israel voted against the resolution, together with the United States and 12 other UN Member States (14 in total), while 43 States abstained, including Switzerland.
The resolution reiterates the determinations made by the ICJ in answering questions as to the legal consequences arising out of Israel’s policies and practices in the OPt, which mainly conclude that they amount to: unlawful occupation and annexation, severes breaches of the prohibition of discrimination through racial segregation and apartheid, the violation of the Palestinian people’s inalienable right to self-determination and of their territorial sovereignty, and violations of the prohibition of the use of force to acquire territory and that they therefore, like the occupation, must end.
The resolution aims to turn these determinations by the ICJ into policy guidelines and actionable items for Israel and all UN Member States by stating what consequences must meet these violations of international law by the Israeli regime, mainly that:
Israel must comply with all its obligations under international law, including:
end without delay its unlawful presence in all of the OPt, no later than 12 months within the adoption date of the resolution (18.09.2024);
withdraw all of its military personnel and evacuate all settlers from the OPt, as well as remove its Occupation Wall;
allow Palestinians displaced since 1967 to return to their homes and return their property and assets to them, to natural and legal persons as well as Palestinian institutions;
make reparation for the damage caused to all persons concerned in the OPt;
immediately comply with all ICJ provisional measures ordered in the South Africa v. Israel genocide case;
not impede the Palestinian people from realising its right to self-determination.
Member States may not aid or assist the unlawful practices and policies of Israel in the OPt and must distinguish between Israel and the OPt, they must:
cease to import goods originating in settlements
not transfer any arms, amunition or related equipment to Israel which may be used in the OPt;
impose sanctions on anyone participating in or supporting the occupation, including ensuring that their own nationals and entities under their jurisdiction do not aid or assist the occupation in any way;
they have an erga omnes obligation to promote the Palestinian people’s right to self-determination;
they must ensure compliance with the provisions of International Humanitarian Law (IHL) and the Fourth Geneva Convention on the protection of civilians in armed conflict;
Switzerland as the depositary State of the Geneva Conventions must convene a conference of the High Contracting Parties within 6 months from the adoption of the resolution, to assess breaches of IHL in this particular context.
The resolution further stresses the need to ensure accountability for the violations committed by the Israeli regime against the Palestinian people, the necessity to comply with international law, human rights law and humanitarian law, including ICJ rulings, UN Security Council and General Assembly resolutions, and to end Israel’s impunity and crimes under international law.
The General Assembly constituted by UN Member States of the world confirms its determination to solve “the question of Palestine” so people in the Middle East region may live in peace and security.
What does this mean for the State of Switzerland?
Switzerland must first and foremost comply with international law, in particular with the Fourth Geneva Convention on the protection of civilians in armed conflict, and denouce Israel’s severe and systematic violations thereof, namely by targeting civilians and civilian infrastructure in Gaza and imposing famine, devastation and wide-spread destruction, amongst others. It must also undertake all in its power to prevent genocide, as per its obligations as Contracting Party to the Genocide Convention and as reaffirmed in the ICJ’s provisional measures order of January 2024.
It cannot aid or assist in any way any policy, natural or legal person, practice or service that participates in Israel’s unlawful occupation of the OPt. This includes controling investments and actions by entities under Swiss jurisdiction, ceasing to import related goods, not transfering any arms or related technology that may be used in the OPt, amongst others. It must sanction, including by travel bans and asset freezes, anyone engaged in such unlawful policies. It must promote the Palestinian people’s right to self-determination, through join and separate action, and ensure Israel does not impede this realisation.
As the Depositary State of the Fourth Geneva Convention, it must convene a conference of the High Contracting States to this Convention to discuss its violations in the OPt, by Israel and its allies, within 6 months - meaning by 18th March 2025. It must do so to ensure and promote compliance with these mandatory norms of international law.
Why did the government of Switzerland abstain from voting on the resolution?
The current Swiss government’s handling of and statements about the situation surrounding Palestine and Israel, especially in the last year, is not consistent with its obligations under international law and humanitarian tradition. Whereas in theory, it proclaims that international law and humanitarian law in particular must be upheld, it has neither acknowledged nor condemned any terrorist, criminal and genocidal acts committed by the occupying power of Israel since its escalation of aggression on Gaza and the West Bank since October 2023.
Even though it has been recognised the world over by international courts, rights institutions and legal experts that Israel is committing war crimes and crimes against humanity against the Palestinian people, plausibly amounting to genocide, the Swiss government has failed to recognise and name these grave violations and to act accordingly. Instead of imposing sanctions on the unlawful occupation and ethnic cleansing of Palestine, requiring an immediate ceasefire from the start and providing urgently needed humanitarian aid to Palestinians, as mandated by international law, numerous ICJ orders and UN resolutions, it has rejected Palestinian statehood and cut UNRWA funding.
It continues to condemn the October 7th attacks while ignoring the severe international crimes committed by Israel against the Palestinian people since then and before, failing to acknowledge the context of unlawful occupation and invasion of Palestinian territory since 1948. This Swiss administration erroneously claim that Israel has a right to self-defense in the OPt, which is wrong under international law as an occupying power has no right to self-defense in the territory it occupies, and as the occupied population of Palestine has a right to armed resistance against occupation and oppression (as confirmed by the ICJ).
This government thus attempts to provide diplomatic cover to the occupying power, which has maintained a regime of apartheid in the OPt for decades, while illegally annexing Palestinian territory and oppressing and ethnically cleansing Palestinians.
The current Swiss government consequently violates the State’s obligations under international law, particularly the Geneva Conventions, and undermines Switzerland’s credibility on the international stage, abandoning its humanitarian tradition.
Today, in abstaining from voting for the self-determination of the Palestinian people, for ending Israel’s unlawful occupation, annexation and apartheid regime in the OPt, and for supporting accountability for victims of these crimes, this government betrays Switzerland’s commitment to human rights, peremptory international law and human life.
It has justified its abstention with claims about the unrealistic nature of a 12-month withdrawal deadline for Israel, due to the ongoing armed hostilities. This indicates that this government stands by its position not to favour and implement a cease-fire, but rather to allow the genocidal aggression on Gaza and the West Bank to continue for more than 12 months from now, consistent with its support of Israel’s crimes. This is in breach of its commitment to humanitarian law and to the protection of civilian populations in armed conflict.
It further claims there lacks regulation of how Israel’s security is to be guaranteed, whereas the occupying power is precisely occupying and not occupied. It is mainly threatened because it is maintaining its occupation, apartheid and ethnic cleansing of Palestine, during which it cannot achieve lasting security for its people because it is actively engaging in armed attacks and invasion of foreign territories and people.
And what about guaranteeing the security of the Palestinian people?
It is precisely to protect the Palestinian people from genocide, from ethnic cleansing, crimes against humanity and war crimes, that Israel’s illegal occupation and systematic crimes against the Palestinian people must end, be accounted for, and that the Palestinian people must be liberated after decades of occupation, so they may live independently, in sovereignty and safety. This is also a condition sine qua non for the safety of the entire region. Protecting human life and human rights is the goal of this latest UNGA Resolution, which was endorsed by a majority of the international community.
Luckily, the resolution did not depend on Switzerland to be passed, and when it fulfils its obligation to convene the conference on the Geneva Conventions, Switzerland’s government will have to recognise and condemn the atrocities committed, and take corresponding steps to restore its compliance with international law. Accountability and respect for international justice and human rights is the only way forward.
Voting results at the UN General Assembly in New York on 18th September 2024
