UN Commission: countries aiding Israel may be 'complicit' in unlawful occupation

 A United Nations commission has issued a stark warning that countries providing aid or assistance to Israel may be complicit in maintaining its unlawful occupation of Palestinian territories, according to a position paper released Thursday.

The United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, based its findings on a landmark advisory opinion by the International Court of Justice (ICJ) issued in July 2024.

"The Commission finds that all States are on notice that Israel may be or is committing internationally wrongful acts in both its conduct in the military operations in Gaza and its unlawful occupation of the West Bank, including East Jerusalem," the paper states. It adds, "Thus, the Commission finds that, unless States cease their aid and assistance to Israel in the commission of these acts, those States shall be deemed to be complicit in those internationally wrongful acts."

This warning extends to military, economic, and even cultural ties with Israel. The Commission calls for immediate and comprehensive action from all states, urging them to conduct thorough reviews of their relationships with Israel.

On the critical issue of military aid, the experts are unequivocal: "States are obliged to demonstrate that any transfer or trade relating to military capability is not being used by Israel to maintain the unlawful occupation or commit violations of international law." The Commission goes further, recommending that "any State engaged in such transfer or trade to Israel shall cease its transfer or trade until the State is satisfied that the goods and technology subject to the transfer or trade are not contributing to maintaining the unlawful occupation or to the commission of war crimes or genocide."

The paper also addresses economic relations, stating that "States must cease all financial, trade, investment and economic relations with Israel that maintain the unlawful occupation or contribute to maintaining it." This extends to a call for states to review their trade agreements with Israel, particularly those involving products from settlements.

Even cultural and academic ties fall under scrutiny. The Commission asserts that "States shall not render aid or assistance to educational, academic, research or cultural activities that support or maintain the unlawful occupation."

The experts emphasize the need for accountability, calling on all states to cooperate with the International Criminal Court's investigation in Palestine, "regardless of whether it is a State Party to the Rome Statute."

The Commission's interpretation of state responsibilities is likely to be controversial, particularly among Israel's closest allies. It places countries supporting Israel in a precarious position, potentially exposing them to accusations of complicity in violations of international law.

The position paper builds upon the ICJ's advisory opinion, which found Israel's continued presence in the Occupied Palestinian Territory to be unlawful under international law. The Court stated that Israel is obligated to end its occupation "as rapidly as possible," cease all new settlement activities, and evacuate settlers from the Occupied Palestinian Territory.

As the international community grapples with these recommendations, the response from major powers will be crucial in determining whether this expert opinion leads to concrete changes in global policy towards Israel and the occupied Palestinian territories.

The UN Commission's position paper, building on the International Court of Justice's advisory opinion, outlines specific obligations for both Israel and third-party states. These obligations represent a comprehensive approach to ending Israel's occupation and holding both Israel and supporting states accountable under international law.

For Israel, the obligations focus on immediate actions to end the occupation, cease settlement activities, and make reparations. The Commission interprets the ICJ's call for Israel to end the occupation "as rapidly as possible" as a mandate for swift and decisive action, with specific timelines suggested for certain steps.

Third-party states face a complex set of obligations that extend far beyond traditional diplomatic measures. These include reviewing and potentially ceasing various forms of cooperation with Israel, from military and economic ties to cultural and academic exchanges. The Commission's interpretation of these obligations suggests a significant shift in how the international community should engage with Israel while the occupation continues.

Notably, the Commission emphasizes that states could be considered complicit in internationally wrongful acts if they continue to provide aid or assistance to Israel while aware of potential violations of international law. This stance could have far-reaching implications for Israel's allies and trade partners.

The following bullet points summarise the key obligations for Israel and third states as outlined in the UN Commission's position paper:

OBLIGATIONS FOR ISRAEL:

OBLIGATIONS FOR THIRD STATES: