Commission of Inquiry, Reasonable Grounds to Conclude Occupation of Palestinian Territory Unlawful

Amanda Benoy

Middle East Researcher

Global Human Rights Defence

Pursuant to Human Rights Council Resolution S-30/1, an Independent International Commission of Inquiry issued its first report on 20 October to the General Assembly on the Occupied Palestinian Territory, including East Jerusalem, and Israel. The Commission of Inquiry was established to investigate violations of international law, as well as the root causes of the recurring violence and prolonged occupation. In addition to finding grave breaches of human rights and international humanitarian law, the Commission concluded that the Israeli occupation of Palestinian territory is unlawful. 

International law remains unclear regarding the threshold at which occupation becomes unlawful annexation. In the 2004 advisory opinion on the legal consequences of the construction of a wall in the Occupied Palestinian Territory, the International Court of Justice advised that the wall and the occupation regime could bring about a ‘fait accompli’ on the ground equivalent to de facto annexation. Since then, Israel has continued to expropriate land and natural resources, advance the settlement enterprise, and exercise domestic law extraterritorially with regard to Israeli settlers. The Commission considers that facts on the ground indicate permanency of the occupation and de facto annexation. 

The Commission calls on the government of Israel to end the occupation and comply with its obligations under international law, and recommends that the General Assembly request an ‘urgent’ advisory opinion from the International Court of Justice on the legal consequences of the de facto annexation and the obligation of third parties to ensure respect for international law. The Commission further calls on: (1) the Office of the Prosecutor of the International Criminal Court to investigate the commission of crimes under the Rome Statute, (2) the Security Council to compel Israel to end the illegal occupation, and (3) Member States of the United Nations to investigate and prosecute persons for crimes committed in the Occupied Palestinian Territory under international law.

Sources and further reading

Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, ICJ (2004), para. 121

UNHRC Res S-30/1 (27 May 2021) UN Doc A/HRC/RES/S-30/1

UNGA ‘Report of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel’ (14 September 2022) UN Doc A/77/328