Addressing the Existential Legality of Israel’s Occupation: A Legal Discourse

Introduction: Setting the Stage

Mr. President, esteemed members of the court, it is with great honor and privilege that I stand before you to represent the League of Arab States. The Palestinian people have endured a century-long struggle for self-determination, marked by violent colonial efforts to establish a Jewish state in Mandatory Palestine. Today, I present a comprehensive legal analysis of the existential legality of Israel’s occupation of Palestinian territories.

Historical Context: The Right to Self-Determination

The legal rights of the Palestinian people trace back to the League Covenant and the sacred trust obligations outlined in Article 22. Despite initial promises of self-determination, the partition of Palestine in 1947 and the subsequent establishment of Israel in 1948 violated these rights. The ongoing denial of Palestinian self-determination constitutes a grave breach of international law.

Analysis: Violations of International Law

First, Israel’s regime of racial domination, akin to apartheid, perpetuates systemic discrimination against non-Jewish Palestinians. Second, Israel’s occupation of the Gaza Strip and West Bank, including East Jerusalem, since 1967 is fundamentally illegal under international law. The annexation of East Jerusalem and the expansion of settlements further exacerbate this violation.

Legal Framework: Self-Determination and the Use of Force

The Palestinian right to self-determination is enshrined in international law, predicated on the principle of freedom without preconditions. Israel’s continued occupation, justified under the guise of security concerns, constitutes a blatant violation of this right. Additionally, the use of force to maintain the occupation lacks legal justification under the law of self-defense.

Conclusion: A Call to Action

In closing, I invoke the words of Palestinian poet Rafat Alareer, urging the court to bear witness to the Palestinian struggle for justice. The illegal occupation of Palestinian territories must end, and Israel must be held accountable for its violations of international law. It is imperative that the court upholds the principles of justice and self-determination, ensuring a future of hope and equality for all peoples.

Key Takeaways

• Israel’s occupation of Palestinian territories violates fundamental principles of international law, including the right to self-determination.
• The use of force to maintain the occupation lacks legal justification under both the law of self-defense and the principles of freedom without preconditions.
• The court must take decisive action to end the illegal occupation and hold Israel accountable for its violations of international law.

FAQs

Q: Can Israel justify its occupation based on security concerns?
A: No, the use of force to maintain the occupation under the guise of security concerns is illegal under international law, as it violates the right to self-determination and the prohibition on the acquisition of territory by force.

Q: What steps can be taken to end the illegal occupation?
A: Israel must renounce its claim to sovereignty over Palestinian territories, dismantle settlements, and withdraw its military presence. The international community must also exert pressure on Israel to comply with international law.

Conclusion

In addressing the existential legality of Israel’s occupation, we are confronted with a fundamental question of justice and human rights. The Palestinian people have endured decades of oppression and dispossession, yet their struggle for self-determination remains steadfast. It is incumbent upon this court to uphold the principles of international law and ensure accountability for all parties involved. Only through a concerted effort to end the illegal occupation can we pave the way for a future of peace and equality in the region.