United Nations General Assembly Resolution A/RES/ES-10/24
Adopted on 18 September 2024
Tenth Emergency Special Session
Agenda Item 5: Illegal Israeli actions in Occupied East Jerusalem and
the rest of the Occupied Palestinian Territory
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Resolution ES-10/24: Advisory opinion of the International Court of Justice on the legal consequences arising from Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem, and from the illegality of Israel’s continued presence in the Occupied Palestinian Territory[1]
The General Assembly,
Guided by the purposes and principles enshrined in the Charter of the
United Nations and international law, including the inalienable right of
self-determination of peoples and the principle of the inadmissibility
of the acquisition of territory by force,
Recalling all its relevant resolutions, including those adopted at its
tenth emergency special session,
Recalling also all the relevant resolutions of the Security Council,
including resolution 2334 (2016) of 23 December 2016,
Stressing the obligation of all Member States to fulfil in good faith
the obligations assumed by them in accordance with the Charter of the
United Nations, including to accept and carry out the decisions of the
Security Council,
Recalling its resolution 77/247 of 30 December 2022, by which it
decided, in accordance with Article 96 of the Charter of the United
Nations, to request the International Court of Justice, pursuant to
Article 65 of the Statute of the Court, to render an advisory opinion on
the following questions:
(a) What are the legal consequences arising from the ongoing violation
by Israel of the right of the Palestinian people to
self-determination, from its prolonged occupation, settlement and
annexation of the Palestinian territory occupied since 1967,
including measures aimed at altering the demographic composition,
character and status of the Holy City of Jerusalem, and from its
adoption of related discriminatory legislation and measures?
(b) How do the policies and practices of Israel referred to above affect
the legal status of the occupation, and what are the legal
consequences that arise for all States and the United Nations from
this status?
Having received the advisory opinion of the International Court of
Justice, rendered on 19 July 2024[2], in which the Court determined,
inter alia, that:
(a) Israel’s continued presence in the Occupied Palestinian Territory is
unlawful,
(b) Israel is under an obligation to bring to an end its unlawful
presence in the Occupied Palestinian Territory as rapidly as
possible,
(c) Israel is under an obligation to cease immediately all new
settlement activities, and to evacuate all settlers from the
Occupied Palestinian Territory,
(d) Israel has the obligation to make reparation for the damage caused
to all the natural or legal persons concerned in the Occupied
Palestinian Territory,
(e) All States are under an obligation not to recognize as legal the
situation arising from the unlawful presence of Israel in the
Occupied Palestinian Territory and not to render aid or assistance
in maintaining the situation created by the continued presence of
Israel in the Occupied Palestinian Territory,
(f) International organizations, including the United Nations, are under
an obligation not to recognize as legal the situation arising from
the unlawful presence of Israel in the Occupied Palestinian
Territory,
(g) The United Nations, and especially the General Assembly, which
requested this opinion, and the Security Council, should consider
the precise modalities and further action required to bring to an
end as rapidly as possible the unlawful presence of Israel in the
Occupied Palestinian Territory,
Affirming in accordance with the advisory opinion of the International
Court of Justice, that:
(a) The Israeli settlements, and their associated regime, including the
transfer by Israel of settlers to the West Bank, including East
Jerusalem, as well as Israel’s maintenance of their presence, the
confiscation or requisitioning of land, the exploitation of natural
resources, the extension of Israeli law to occupied territory, the
forced displacement of the Palestinian population, and violence by
settlers and occupying forces against Palestinians, have been
established and are being maintained in violation of international
law,
(b) Israel’s policies and practices, including the maintenance and
expansion of settlements, the construction of associated
infrastructure, including the wall, the exploitation of natural
resources, the proclamation of Jerusalem as Israel’s capital, the
comprehensive application of Israeli domestic law in East Jerusalem
and its extensive application in the West Bank, entrench Israel’s
control of the Occupied Palestinian Territory, notably of East
Jerusalem and of parts of the West Bank, and are designed to remain
in place indefinitely and to create irreversible effects on the
ground, and amount to annexation of large parts of the Occupied
Palestinian Territory,
(c) To seek to acquire sovereignty over an occupied territory, as shown
by the policies and practices adopted by Israel, is contrary to the
prohibition of the use of force in international relations and its
corollary principle of the non-acquisition of territory by force and
constitutes a violation of the obligation to respect territorial
integrity and sovereignty under the Charter of the United Nations
and international law,
(d) A broad array of legislation adopted and measures taken by Israel in
its capacity as an occupying Power treat Palestinians differently on
grounds prohibited by international law, and that, accordingly, the
regime of comprehensive restrictions imposed by Israel on
Palestinians in the Occupied Palestinian Territory, including
Israel’s residence permit regime in East Jerusalem, its policies
restricting freedom of movement for Palestinians, its planning
policy and its practice of demolition of Palestinian properties,
amounts to prohibited discrimination and constitutes systemic
discrimination based on, inter alia, race, religion or ethnic origin
in violation of the relevant rules of international humanitarian law
and international human rights law, including the Fourth Geneva
Convention[3], the International Covenant on Civil and Political
Rights[4], the International Covenant on Economic, Social and
Cultural Rights[5] and the International Convention on the
Elimination of All Forms of Racial Discrimination[6] and customary
international law,
(e) Israel’s legislation and measures impose and serve to maintain a
near-complete separation in the West Bank, including East Jerusalem,
between the settler and Palestinian communities and constitute a
breach of article 3 of the International Convention on the
Elimination of All Forms of Racial Discrimination, which refers to
two particularly severe forms of racial discrimination and
stipulates that “States Parties particularly condemn racial
segregation and apartheid and undertake to prevent, prohibit and
eradicate all practices of this nature in territories under their
jurisdiction”,
(f) The Palestinian people is entitled to self-determination in
accordance with the Charter of the United Nations, a right that
constitutes a peremptory norm of international law in such a
situation of foreign occupation, and that Israel, as the occupying
Power, has the obligation not to impede the Palestinian people from
exercising its right to self-determination, including its right to
an independent and sovereign State, over the entirety of the
Occupied Palestinian Territory,
(g) Israel’s policies and practices, which span decades, including its
settlements and their associated regime, its annexation, its
legislation and measures that discriminate against Palestinians in
the Occupied Palestinian Territory, and the forced displacement of
Palestinians and strict restrictions on their movement, have
violated the integrity of the Occupied Palestinian Territory,
undermined the integrity of the Palestinian people and the
protection against acts aimed at dispersing it, deprived the
Palestinian people of its enjoyment of the natural resources in the
Occupied Palestinian Territory in breach of its permanent
sovereignty over its natural resources, and have obstructed the
right of the Palestinian people freely to determine its political
status and to pursue its economic, social and cultural development,
and that these policies and practices constitute a prolonged breach
of the Palestinian people’s fundamental right to self-determination,
(h) The existence of the Palestinian people’s right to
self-determination, in view of its character as an inalienable
right, cannot be subject to conditions on the part of the occupying
Power,
(i) Israel is not entitled to sovereignty over or to exercise sovereign
powers in any part of the Occupied Palestinian Territory on account
of its occupation, nor can Israel’s security concerns override the
principle of the prohibition of the acquisition of territory by
force,
(j) The violations by Israel of the prohibition of the acquisition of
territory by force and of the Palestinian people’s right to
self-determination have a direct impact on the legality of the
continued presence of Israel, as an occupying Power, in the Occupied
Palestinian Territory, and that the sustained abuse by Israel of its
position as an occupying Power, through annexation and an assertion
of permanent control over the Occupied Palestinian Territory and
continued frustration of the right of the Palestinian people to
self-determination, violates fundamental principles of international
law and renders Israel’s presence in the Occupied Palestinian
Territory unlawful, and that this illegality relates to the entirety
of the Palestinian territory occupied by Israel in 1967,
(k) Israel has an obligation to bring an end to its presence in the
Occupied Palestinian Territory as rapidly as possible, as it
constitutes a wrongful act of continuing character entailing its
international responsibility which has been brought about by
Israel’s violations, through its policies and practices, of the
prohibition on the acquisition of territory by force and of the
right to self-determination of the Palestinian people,
Reaffirming the need for universal adherence to and implementation of
the rule of law at both the national and international levels and its
solemn commitment to an international order based on the rule of law and
international law, which, together with the principles of justice, is
essential for peaceful coexistence and cooperation among States,
Considering that respect for the International Court of Justice and its
functions, including in the exercise of its advisory jurisdiction, is
essential to international law and justice and to an international order
based on the rule of law,
Recalling the permanent responsibility of the United Nations with regard
to the question of Palestine until it is resolved in all its aspects in
accordance with international law and the relevant United Nations
resolutions,
Reaffirming its commitment to the realization of the right of the
Palestinian people to self-determination, including its right to an
independent and sovereign State, living side by side in peace and
security with Israel, in accordance with the relevant resolutions of the
Security Council and the General Assembly,
Convinced that achieving a just, lasting and comprehensive settlement of
the question of Palestine, the core of the Arab-Israeli conflict, in
accordance with international law and the relevant United Nations
resolutions, is imperative for the attainment of comprehensive and
lasting peace and stability in the Middle East, and reaffirming the
right of all States in the region to live in peace within secure and
internationally recognized borders,
Stressing the urgency of achieving without delay an end to the Israeli
occupation that began in 1967,
Reaffirming its commitment for respect for, and the preservation of, the
territorial integrity and unity of the Occupied Palestinian Territory,
including East Jerusalem,
Reaffirming the illegality of Israeli settlements and their associated
regime, as well as all other measures aimed at altering the demographic
composition, character and status of the City of Jerusalem and of the
Occupied Palestinian Territory as a whole, and rejecting in this regard
any attempt at demographic or territorial change in the Gaza Strip,
including any actions that reduce the territory of the Gaza Strip, which
constitutes an integral part of the Occupied Palestinian Territory,
Stressing that, as indicated by the International Court of Justice, the
obligations violated by Israel include certain obligations of an erga
omnes character that are, by their very nature, “the concern of all
States” and, in view of the importance of the rights involved, all
States can be held to have a legal interest in their protection, among
them the obligation to respect the right of the Palestinian people to
self-determination and the obligation arising from the prohibition of
the use of force to acquire territory as well as certain of its
obligations under international humanitarian law and international human
rights law,
Emphasizing the imperative of ensuring accountability for all violations
of international law in order to end impunity, ensure justice, deter
future violations, protect civilians and promote peace,
1. Welcomes the advisory opinion of the International Court of Justice
of 19 July 2024 on the legal consequences arising from Israel’s
policies and practices in the Occupied Palestinian Territory,
including East Jerusalem, and from the illegality of Israel’s
continued presence in the Occupied Palestinian Territory;
2. Demands that Israel brings to an end without delay its unlawful
presence in the Occupied Palestinian Territory, which constitutes a
wrongful act of a continuing character entailing its international
responsibility, and do so no later than 12 months from the adoption
of the present resolution;
3. Demands that Israel comply without delay with all its legal
obligations under international law, including as stipulated by the
International Court of Justice, by, inter alia:
(a) Withdrawing all its military forces from the Occupied
Palestinian Territory, including its airspace and maritime
space;
(b) Putting an end to its unlawful policies and practices, including
ceasing immediately all new settlement activity, evacuating all
settlers from the Occupied Palestinian Territory and dismantling
the parts of the wall constructed by Israel that are situated in
the Territory, and repealing all legislation and measures
creating or maintaining the unlawful situation, including those
which discriminate against the Palestinian people, as well as
all measures aimed at modifying the demographic composition,
character and status of any parts of the Territory, including
all measures violating the historic status quo at the holy sites
of Jerusalem;
(c) Returning the land and other immovable property, as well as all
assets seized from any natural or legal person since its
occupation started in 1967, and all cultural property and assets
taken from Palestinians and Palestinian institutions;
(d) Allowing all Palestinians displaced during the occupation to
return to their original place of residence;
(e) Making reparation for the damage caused to all the natural and
legal persons concerned in the Occupied Palestinian Territory;
(f) Immediately complying with obligations under international law
indicated in the respective provisional measures orders of the
International Court of Justice in the case concerning the
application of the Convention on the Prevention and Punishment
of the Crime of Genocide[7] (South Africa v. Israel) in relation
to the right of the Palestinian people in the Gaza Strip to be
protected from all acts within the scope of articles II and III
of the Convention;
(g) Not impeding the Palestinian people from exercising its right to
self-determination, including its right to an independent and
sovereign State, over the entirety of the Occupied Palestinian
Territory;
4. Calls upon all States to comply with their obligations under
international law, inter alia, as reflected in the advisory opinion,
including their obligation:
(a) To promote, through joint and separate action, the realization
of the right of the Palestinian people to self-determination,
the respect of which is an obligation erga omnes, and refrain
from any action which deprives the Palestinian people of this
right and, while respecting the Charter of the United Nations
and international law, to ensure that any impediment resulting
from the illegal presence of Israel in the Occupied Palestinian
Territory to the exercise by the Palestinian people of its right
to self-determination is brought to an end;
(b) Not to recognize as legal the situation arising from the
unlawful presence of Israel in the Occupied Palestinian
Territory;
(c) Not to render aid or assistance in maintaining the situation
created by Israel’s illegal presence in the Territory;
(d) Not to recognize any changes in the physical character or
demographic composition, institutional structure or status of
the territory occupied by Israel on 5 June 1967, including East
Jerusalem, except as agreed by the parties through negotiations,
as affirmed by the Security Council in its resolution 2334
(2016), and the obligation in this regard, in relation to, inter
alia, their diplomatic, political, legal, military, economic,
commercial and financial dealings with Israel, to distinguish
between Israel and the Palestinian territory occupied since
1967, including by:
(e) Abstaining from treaty relations with Israel in all cases in
which it purports to act on behalf of the Occupied Palestinian
Territory or a part thereof on matters concerning the Occupied
Palestinian Territory or a part of its territory;
(ii) Abstaining from entering into economic or trade dealings with
Israel concerning the Occupied Palestinian Territory or parts
thereof which may entrench its unlawful presence in the
Territory, including with regard to the settlements and their
associated regime;
(iii) Abstaining, in the establishment and maintenance of diplomatic
missions in Israel, from any recognition of its illegal
presence in the Occupied Palestinian Territory, including by
refraining from the establishment of diplomatic missions in
Jerusalem, pursuant to Security Council resolution 478 (1980)
of 20 August 1980;
(iv) Taking steps to prevent trade or investment relations that
assist in the maintenance of the illegal situation created by
Israel in the Occupied Palestinian Territory, including with
regard to the settlements and their associated regime;
(e) To ensure, as States parties to the Fourth Geneva Convention,
compliance with international humanitarian law as embodied in
that Convention, in particular pursuant to their obligations
under articles 146, 147 and 148 regarding penal sanctions and
grave breaches, while respecting the Charter of the United
Nations and international law and underscoring the urgency of
undertaking measures to enforce the Convention in the Occupied
Palestinian Territory, including East Jerusalem;
(f) To undertake efforts towards bringing to an end systemic
discrimination based on, inter alia, race, religion or ethnic
origin, including to prevent, prohibit and eradicate the
violations by Israel of article 3 of the International
Convention on the Elimination of All Forms of Racial
Discrimination identified in the advisory opinion;
5. Also calls upon all States in this regard, consistent with their
obligations under international law:
(a) To take steps to ensure that their nationals, and companies and
entities under their jurisdiction, as well as their authorities,
do not act in any way that would entail recognition or provide
aid or assistance in maintaining the situation created by
Israel’s illegal presence in the Occupied Palestinian Territory;
(b) To take steps towards ceasing the importation of any products
originating in the Israeli settlements, as well as the provision
or transfer of arms, munitions and related equipment to Israel,
the occupying Power, in all cases where there are reasonable
grounds to suspect that they may be used in the Occupied
Palestinian Territory;
(c) To implement sanctions, including travel bans and asset freezes,
against natural and legal persons engaged in the maintenance of
Israel’s unlawful presence in the Occupied Palestinian
Territory, including in relation to settler violence;
(d) To support accountability efforts for all victims;
6. Calls upon international organizations, including the United
Nations, and regional organizations not to recognize as legal the
situation arising from the unlawful presence of Israel in the
Occupied Palestinian Territory and to distinguish, in their relevant
dealings, between Israel and the Occupied Palestinian Territory and
not to recognize, or cooperate with or assist in any manner in, any
measures undertaken by Israel to exploit the natural resources of
the Occupied Palestinian Territory or to effect any changes in the
demographic composition or geographic character or institutional
structure of the Territory;
7. Calls upon the United Nations, and its bodies and organs, to respect
and act in a manner consistent with the determinations made by the
International Court of Justice, including in relation to all
relevant maps, statements and reports, as well as in their
respective programmes and actions;
8. Strongly deplores the continued and total disregard and breaches by
the Government of Israel of its obligations under the Charter of the
United Nations, international law and the relevant United Nations
resolutions, and stresses that such breaches seriously threaten
regional and international peace and security;
9. Recognizes that Israel must be held to account for any violations of
international law in the Occupied Palestinian Territory, including
any violations of international humanitarian law and international
human rights law, and that it must bear the legal consequences of
all its internationally wrongful acts, including by making
reparation for the injury, including any damage, caused by such
acts;
10. Recognizes in this regard the need for the establishment of an
international mechanism for reparation for all damage, loss or
injury arising from the internationally wrongful acts of Israel in
the Occupied Palestinian Territory, and calls for the creation by
Member States, in coordination with the United Nations and its
relevant bodies, of an international register of damage to serve as
a record, in documentary form, of evidence and claims information on
damage, loss or injury to all natural and legal persons concerned,
as well as to the Palestinian people, caused by the internationally
wrongful acts of Israel in the Occupied Palestinian Territory, as
well as to promote and coordinate evidence-gathering and initiatives
aimed at securing such reparation by Israel;
11. Emphasizes the need to ensure accountability for the most serious
crimes under international law through appropriate, fair and
independent investigations and prosecutions at the national or
international level, and to ensure justice for all victims and the
prevention of future crimes;
12. Calls for the convening of a Conference of High Contracting Parties
to the Fourth Geneva Convention relative to the protection of
civilian persons in time of war on measures to enforce the
Convention in the Occupied Palestinian Territory, including East
Jerusalem, and to ensure respect thereof in accordance with common
article 1 of the four Geneva Conventions[8], and invites in this
regard the Government of Switzerland, in its capacity as the
depositary of the Geneva Conventions, to convene the Conference
within six months of the adoption of the present resolution;
13. Decides to convene during the seventy-ninth session of the General
Assembly an international conference under the auspices of the
Assembly for the implementation of the United Nations resolutions
pertaining to the question of Palestine and the two-State solution
for the achievement of a just, lasting and comprehensive peace in
the Middle East;
14. Requests the Secretary-General, in consultation with the United
Nations High Commissioner for Human Rights and Member States with
relevant experience and expertise, to present proposals, in the
report requested in the present resolution, for the establishment of
a mechanism to follow up on the violations by Israel of article 3 of
the International Convention on the Elimination of All Forms of
Racial Discrimination identified by the International Court of
Justice in its advisory opinion;
15. Confirms its determination to examine further practical ways and
means to secure the full respect of the advisory opinion and the
full implementation of all relevant United Nations resolutions,
notably in case of non-compliance;
16. Urges all States, the United Nations and its specialized agencies
and organizations, as well as regional organizations, to support and
assist the Palestinian people in the early realization of its right
to self-determination and to actively pursue steps to ensure full
implementation of the advisory opinion and of all relevant United
Nations resolutions;
17. Requests the Secretary-General to submit a report to the General
Assembly within three months on the implementation of the present
resolution, including any actions taken by Israel, other States and
international organizations, including the United Nations, for the
implementation of its provisions or for any violations thereof;
18. Reaffirms the permanent responsibility of the United Nations with
regard to the question of Palestine until it is resolved in all its
aspects in accordance with international law and the relevant United
Nations resolutions;
19. Decides to adjourn the tenth emergency special session temporarily
and to authorize the President of the General Assembly at its most
recent session to resume its meeting upon request from Member
States.
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55th plenary meeting
18 September 2024
[1] All references to the Occupied Palestinian Territory in the text
refer to the Occupied Palestinian Territory, including East Jerusalem.
[2] A/78/968.
[3] United Nations, Treaty Series, vol. 75, No. 973.
[4] See resolution 2200 A (XXI), annex.
[5] Ibid.
[6] United Nations, Treaty Series, vol. 660, No. 9464.
[7] Resolution 260 A (III), annex.
[8] United Nations, Treaty Series, vol. 75, Nos. 970-973.