ACTION ALERT:
A Plea to the UN to End the Genocide
World BEYOND War
Tell World Governments to Use the
United Nations to End the War on Gaza
Click here to send a letter to nations’ consulates to the United Nations.
The crime of genocide is happening. The intentional destruction of a people, in whole or in part, is genocide. The law is meant to be used to prevent it, not just review it after the fact.
We sent over half a million emails to key governments urging them to invoke the genocide convention at the International Court of Justice. South Africa did so, charging Israel with genocide. Nicaragua, Mexico, Libya, Colombia, and others formally filed declarations of intervention in support of the case. The court has ordered Israel to cease its genocidal acts, and the prosecutor of the International Criminal Court has requested arrest warrants.
We sent over 200,000 emails urging governments to use United Nations General Assembly Resolution 377 (Uniting For Peace) which allows the General Assembly to act when the Security Council fails. The General Assambly has now passed a resolution, but it does not go far enough.
THE LETTER
On September 18, 2024, the United Nations General Assembly (UNGA) passed a resolution demanding that Israel immediately withdraw from the Occupied Palestinian Territory (OPT) of East Jerusalem, Gaza, and the West Bank. The resolution used strong language, saying that “Israel’s continued presence in the Occupied Palestinian Territory is unlawful” and that it is “under an obligation” to end its “unlawful presence” in the OPT “as rapidly as possible.” The resolution was submitted by the State of Palestine, which was recognized as a bona fide part of the United Nations.
The UNGA resolution follows the ruling by the International Court of Justice (ICJ) in July 2024. This ICJ ruling argued that Israel’s continued seizure of the OPT is illegal and that it must be ended immediately. The language of the ICJ is very strong: “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.”
The court stated that Israel should evacuate its settlers and military forces from the OPT and reverse its annexation of Palestinian territory. Additionally, the court asserted that states are obligated not to recognize Israel’s illegal acts, such as annexation, and must refrain from providing aid or assistance that maintains Israel’s illegal presence in the OPT. The court recommended that both the UN General Assembly and the Security Council take measures to end Israel’s unlawful occupation “as rapidly as possible.”
There is no ambiguity about this statement, and none in the UNGA resolution that followed.
Please urge your government to support the Arab League, the Organization of Islamic Cooperation, and the Non-Aligned Movement in calling for a 10th emergency special session of the General Assembly to consider enforcement of the 19 July 2024 Advisory Opinion of the International Court of Justice (the “World Court”).
The requested resumption of the 10th special session offers opportunities for action by member states “to address the extremely grave and worsening situation of the Palestinian people in the Occupied Palestinian Territories,” as identified in both the World Court Advisory Opinion as well as the Provisional Measures issued by the World Court on 26 January, 28 March, and 24 May, 2024, which Provisional Measures Israel has ignored and continues to flout.
The UN General Assembly has the power to establish an International Criminal Tribunal for Israel as a “subsidiary organ” of the UN General Assembly under Article 22 of the UN Charter. The world has witnessed Israel’s collective punishment of Palestinians, its plausible acts in violation of the Genocide Convention against Palestinians, and the intentional starvation and cultivation of disease against the entire Palestinian population. People throughout the world await effective action by the United Nations to protect Palestinians and enforce the Rule of Law.
A Uniting for Peace resolution, under General Assembly Resolution 377(V), empowers the UNGA to take action when the Security Council fails to maintain international peace and security because of a lack of unanimity of its permanent members.
Additionally, we suggest that the General Assembly create an accountability mechanism similar to the International, Impartial and Independent Mechanism (IIIM). The IIIM was created on 21 December 2016, through the adoption of resolution A/71/248, to enable investigation and prosecution of persons responsible for the most serious crimes under International Law committed in Syria since March 2011.
The function of this accountability mechanism would be to build cases for prosecution by national courts or tribunals, e.g., an International Criminal Tribunal for Israel, against perpetrators of international crimes.
While these adjudicatory mechanisms are put into place, the General Assembly should use collective action, including an arms embargo, very targeted economic sanctions, unarmed peacekeeping, and the expulsion of Israel from the United Nations, to stop Israel’s ceaseless violations of International Humanitarian and Human Rights Law.
We look forward to learning your response to these crucial international legal obligations.
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