Kina: Palæstina har ret til at forsvare sig

Nye lande vidnede torsdag for ICJ i FN's sag mod Israel for dets illegale besættelse af Palæstina. Kinas repræsentant skilte sig ud fra resten ved at slå fast, at Palæstina har ret til at forsvare sig mod den udenlandske besættelse (Israel) af dets land. Det er i virkeligheden en banal konstatering. I Danmark greb modstandsbevægelsen under 2. Verdenskrig til våben mod den tyske besættelse - og blev kaldt terrorister af besættelsesmagten og de danske samarbejdspolitikere. Den palæstinensiske modstandsbevægelse kaldes i dag (og de foregående 76 år) for terrorister af Israel og dets støtter i de vestlige terrorstater. PALÆSTINA HAR RET TIL AT FORSVARE SIG!

Mauritius cited the court’s opinion on the country’s decolonisation from Britain and in particular the case of the Chagos Archipelago’s unlawful detachment and its incorporation into a new colony.
In its advisory opinion delivered in 2019, the ICJ concluded that “the process of decolonisation of Mauritius was not lawfully completed when that country acceded to independence” and that Britain was “under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible”.
Like the Palestinian territories, the Chagos Archipelago had been under long-lasting occupation.
The prolonged occupation, settlement and annexation of the territories occupied since 1967 must end and all states and the UN have a duty to ensure that Israel respects Palestinians’ right to self-determination.
Mauritius believes the court’s opinion would be beneficial to negotiations and to achieving a two-state solution.

Israel must withdraw immediately from the Occupied Palestinian Territory.
Second, Israel must offer assurances and guarantees of non-repetition and third, Israel is under obligation to offer full reparations – annulment or repeal of all offending legislative and regulatory measures it has adopted for the [occupied Palestinian Territories].
Israel must also offer compensation for all the material and moral damage caused by the breach of the Palestinian people’s right to self-determination.
As I speak, Gaza is facing devastation … The West Bank is also at risk. Safeguarding Palestine from destruction is crucial, especially in light of Israel’s non-compliance with the provisional measures of this court …
The Palestinian people have long suffered dehumanisation, demonisation, brutal collective punishment. They have endured and are still enduring the denial of their right to self-determination due to the policies and practices of Israel in the OPT. It is incumbent of each of us to do our part in ending their decades-long suffering.
With the firm belief in this court’s rule, as the custodian of the international law, we remain confident that justice and peace will prevail for the Palestinian people.
Israel’s transfer of settlers to the OPT constitutes a war crime. Israel’s policies and practices which aim to change the demographic composition of the OPT, along with the creation of enclaves and demolition of the Palestinian homes, limitation of their freedom of movement, including the blockade and siege of the Gaza Strip, constitute violations of international humanitarian law and the international human rights law.

The right to self-determination is a fundamental human right.
Settlements greatly undermine the rights of the Palestinian people to a viable Palestinian state, “whose prospects recede with the continuing infringement of the integrity of the Palestinian territory.”
The rules of occupation require that occupation is temporary and that no permanent changes are made changes to the occupied territory. This has not been the case, and the principle of the protection of people is also not being respected.
Israel transferred part of its population to the occupied territories, which is unlawful according to the Fourth Geneva Convention. It continues to unlawfully destroy Palestinian property and subject Palestinians to violence.
Illegal settlements are a major impediment to the achievement of a two-state solution and a “just and lasting and comprehensive peace”.
Israel’s “activities of colonisation cannot be justified under self-defence.” Settlement activities are not proportionate or necessary measures.

Urges the ICJ to help in giving justice to the Palestinian people so we can have peace in the Middle East
It was wrong of some countries to ask the ICJ not to hand out its advisory opinion to the UN General Assembly “with a perverse argument” that this would get in the way of bilateral negotiations between the Israelis and Palestinians. The law is the framework which prevents the political slippage, be it public or private level.
Were Israel to seize its occupation of the Palestinian territory, including East Jerusalem, and accept the right of the Palestinian people to self-determination, all the other violations would disappear.
Since 1967, Israel has been committing a crime of aggression, illegally occupying territories before annexing them.
Some may question the application of the norm prohibiting the use of force [to acquire territory] on the basis that it is an inter-state norm. That would imply that the OPT  [Occupied Palestinian Territory] is not part of a state … Lebanon and more than 140 members of the UN have recognised the State of Palestine and East Jerusalem as its capital.
Israel must dismantle its settlements in the occupied Palestinian territories and withdraw therefrom … It must also seize all violations of Palestinian peoples’ right to self-determination … It must also issue reparations.

The court has jurisdiction on the matter of the legality of the Israeli occupation and is entitled to issue an advisory opinion. Its statute stipulates that the court is entitled to give an opinion on any legal question following a request by the UN General Assembly.
The Fourth Geneva Convention applies to the occupied Palestinian territories, despite Israel’s claims to the contrary.
The prohibition against the threat or use of force is enshrined in the UN Charter and is a cornerstone of the international legal order.
The right to self-determination is one of the essential principles of contemporary international law.
All states are called to ensure that the right to self-determination is upheld.

Why does the victim continue to be portrayed as the killer? The occupying power has waged an illegitimate war on the Palestinians in Gaza characterised by numerous international law violations.
The war is the result of 57 years of illegal occupation of the Palestinian territories. And it must stop.

The occupation is unlawful, it is inhumane, it must end, yet Israel has been systematically consolidating the occupation that is blatantly denying Palestinians’ right to self-determination.
No country must be allowed to be above the law. Israel is acting and has been allowed to act in complete disregard of international law. That cannot continue.
Israeli aggression on Gaza, which your esteemed court has indicated warrants examination of plausible genocide, rages on.
The only way for the [Palestinian] right to self-determination to be exercised is for the [Israeli] occupation to come to an end.
Israel’s policies and practices violate the law of occupation, which applies throughout the occupied Palestinian territory. Israel has engaged in a policy of progressively establishing settlements in so-called outposts.
Israeli settlements undermine the establishment of a sovereign, independent, contiguous and viable Palestinian state.
Israel’s policies and practices when considered in their entirety leave no doubt as to Israel’s intention to annex occupied Palestinian territory.
Israel’s occupation is being carried out for purposes contrary to international law.
Israel must end its occupation across all Palestinian territory – that is for the West Bank, including East Jerusalem, and Gaza. This must be done as a matter of urgency and as rapidly as possible.

A two-state solution where Israel and the future independent Palestinian state live side by side in peace and dignity remains the only viable path for both peoples.
Japan emphasises the conflict between the Israeli side and Palestinian side should be solved not through any violent acts or unilateral action but through negotiations and efforts for mutual trust among the parties concerned while respecting international law.

By its prolonged occupation of Palestinian territory, and the settlement activities it has conducted there for more than half a century, Israel has committed serious breaches of a number of peremptory norms of general international law.
Israel has breached the basic rules of international humanitarian law, including the right to self-determination of the Palestinian people and the prohibition of acquisition of territory, by force.
The “defining feature” of Israel’s occupation of Palestinian territory in the occupied West Bank, including East Jerusalem, has been “continuous settlement activity".
Israel has used different means to take and exercise control for non-military purposes over as much Palestinian land as possible.
Once in control, Israel has undertaken permanent construction on this land, in particular developing or encouraging the development of permanent settlements, onto which it has incentivised large numbers of its own citizens to transfer.
Through its actions, Israel has fundamentally altered the demographics of the West Bank.
Ireland has repeatedly called for a ceasefire. And we are dismayed by the implications that these latest hostilities in Gaza may have for the prospect of resolving the wider Israeli-Palestinian conflict.
Ireland has been a consistent and vocal supporter of a comprehensive two-state solution to the conflict. We lament the lack of progress made towards achieving that objective.

Israel is a foreign nation occupying Palestine, so the right to self-defence lies more with the Palestinians than with the Israelis.
It is actually very important to have the advisory opinion coming from the world’s highest court because it will guide any future negotiations.
In pursuit of the right to self-determination, the Palestinian people’s use of force to resist foreign oppression and complete the establishment of an independent state is an inalienable right.

Iraq is deeply concerned about the humanitarian suffering inflicted on the Palestinians throughout the state of Palestine, particularly in the Gaza Strip.
Israels war on Gaza are barbaric acts, such as air strikes and rocket attacks targeting civilians. These acts constitute war crimes executed with a criminal intent and are serious violations of the laws of war. Israel must be held accountable.
We hope that the court’s commitment to justice will lead to additional decisions … affirming its dedication to ending the campaign of mass murder and preventing acts of genocide as well as policies of harassment, blockade and starvation against the Palestinian people.

The opinion of this court can set the ground for saving the lives of thousands of innocent women and children and contribute to the legitimate demand of the people deprived of their inherent right to self-determination.
These measures constitute the ongoing violation by the Israeli occupying regime:
* Prolonged occupation
* Altering demographic composition in the occupied territories
* Altering the character and the status of the Holy City
* Discriminatory measures
* Violations of the rights of Palestinian people to permanent sovereignty over their natural resources
The inaction or insufficient action of the Security Council is one of the main causes of prolonged occupation of the Palestinians. All the atrocities and crimes committed by the Israeli regime in the past almost eight years are a consequence of such inaction.