Afrasianet - Dr. Mahmoud Alhanafy - The International Court of Justice was strongly present during 2024, issuing four landmark decisions based on requests made by the United Nations General Assembly and the State of Palestine. (Al Jazeera).
The year 2024 witnessed significant legal and diplomatic developments on the Palestinian issue, reflecting an international focus on the ongoing grave violations against the Palestinian people. The legal movement included Security Council and General Assembly resolutions, as well as the positions of the International Tribunals of Justice and Criminal Tribunals, and international efforts dealt with issues of settlements, forced displacement, war crimes, and genocide.
However, these efforts faced major challenges, most notably the use of the US veto to overturn many resolutions and put restrictions on the implementation of recommendations, which made international efforts unable to achieve tangible change.
On the human rights side, the year witnessed increasing documentation of the humanitarian catastrophe suffered by the people of Gaza as a result of the ongoing blockade and repeated military operations. Reports of the United Nations and international human rights organizations documented the dimensions of this disaster, pointing to food insecurity, the collapse of the health system, and the systematic targeting of vital infrastructure, such as water and energy networks. However, these reports, despite their accuracy and detail, have remained limited in impact on the ground due to the absence of mandatory implementation mechanisms, which showed a clear weakness in the ability of the international community to protect civilians or hold perpetrators accountable.
First: Security Council Resolutions
During 2024, the UN Security Council held several sessions on the Palestinian issue, focusing on the Israeli war on Gaza and the continued settlement expansion in the West Bank. During these sessions, four resolutions were tabled, but three were vetoed by the United States, and only one resolution was passed.
1. In March 2024, a resolution was introduced condemning Israeli settlement expansion as a clear violation of international law. Despite the importance of this resolution, which could have marked a turning point in the international stance towards settlements, the United States overturned it using a veto, sparking widespread criticism.
2. In July 2024, another resolution was introduced demanding a halt to military operations in Gaza and the protection of civilians from Israeli attacks that escalated during that period. The resolution, which was supported by a majority of member states, met the same fate when the United States again vetoed it, sparking international frustration over the council's ability to act effectively.
3. In October 2024, a draft resolution calling for an end to the Israeli occupation of the Palestinian territories occupied since 1967 was introduced. Despite the importance of this project, which was a response to repeated Palestinian demands, it faced the same fate using the US veto.
4. In contrast, the only resolution adopted by the Security Council in December 2024 was 2720, which called for facilitating the entry of humanitarian aid into Gaza and ensuring the protection of civilians. This resolution, which passed without objection from the United States, was seen as a positive exception highlighting the possibility of international consensus in the absence of a veto. However, the Council's inability to enforce the implementation of the resolution on the ground has lost its value, contributing to the continuing crisis of confidence in the role of the United Nations as an instrument for achieving international justice.
II. General Assembly Resolutions
Unlike the Security Council, the UN General Assembly passed three important resolutions on Palestinian rights in 2024, which were widely supported by member states.
1. In November 2024, the General Assembly passed resolution 78/194, which affirmed the right of the Palestinian people to self-determination and called for an end to the Israeli occupation of the Palestinian territories occupied since 1967. The resolution received 148 support, 10 against and 15 abstentions. This resolution, despite its symbolic and political significance, remained without real effect due to the non-binding nature of General Assembly resolutions.
2. In May 2024, another resolution was passed affirming the eligibility of the State of Palestine to full membership in the United Nations. The resolution, which was supported by 143 states, opposed by 9 countries with 25 abstentions, represented an important step towards strengthening Palestine's position in the international system. However, achieving this goal requires the approval of the Security Council, as the US veto is a major obstacle to this.
3. In December 2024, the General Assembly passed a resolution calling for a peaceful settlement of the Palestinian issue, stressing the need to adhere to the two-state solution as a key option to end the conflict. The resolution, which received 157 votes in favor and 8 against and 7 abstentions, reflected significant international support for a peaceful and just solution, but the political challenges on the ground made its implementation almost impossible.
These decisions clearly reflect significant support for the Palestinian cause at the political and moral levels, but their lack of executive power remains limited on the ground. The role of the General Assembly is no more than to make recommendations that speak out of the conscience of the world, and in doing so gives the 193 Member States an equal voice. Despite its lack of executive power, it still plays a pivotal role in delegitimizing the Israeli occupation and putting its repeated violations of international law under the microscope.
Third: The International Court of Justice
The International Court of Justice was strongly present during 2024, rendering four landmark decisions based on requests from the UN General Assembly and the State of Palestine.
But again, as much as these resolutions highlight the importance of international law in support of the Palestinian cause, they also reveal their limited impact in the absence of effective implementation mechanisms, weakening their ability to bring about real change.
1. In April 2024, the Court issued an advisory opinion at the request of the General Assembly, which considered that the Israeli occupation constituted a flagrant violation of international law and the Charter of the United Nations. This view, despite its legal and moral significance, remained non-binding on States, limiting its actual impact.
2. In May 2024, the court issued an order to halt the Israeli military offensive on the city of Rafah. The resolution required Israel to cease all military operations that endanger the lives of the civilian population, but the lack of effective enforcement mechanisms made the resolution virtually non-existent.
3. In June 2024, the court issued precautionary measures to protect civilians in Rafah, stressing the need for unhindered humanitarian access.
4. In September 2024, the Court heard the case of the Israeli occupation's exploitation of Palestinian natural resources, ruling that Israel was obligated to compensate Palestinians for damages resulting from the exploitation of natural resources in the occupied territories. This decision is a turning point in Palestinian claims, as it provides a legal basis for claiming compensation at the international level.
Despite the importance of these decisions, the absence of mandatory mechanisms for their implementation weakens their ability to bring about real change, raising fundamental questions about the usefulness of international tribunals in delivering justice.
Fourth: International Criminal Court
The year 2024 saw unprecedented legal moves by the International Criminal Court (ICC) on the Palestinian issue. In February 2024, the court announced the opening of thorough investigations into crimes committed in the West Bank and Gaza Strip, including settlements, forced displacement, and attacks on civilians.
1. In an unprecedented move, the court issued arrest warrants for Benjamin Netanyahu, Israel's prime minister, and Yoav Galant, a former defense minister, on charges of war crimes committed during military operations in Gaza. While this step is important in promoting international accountability, its implementation faces significant political obstacles, especially in the absence of adequate international cooperation.
Fifth: Reports of UN Organizations
UN organizations have issued a large number of reports documenting the deteriorating situation in the Gaza Strip, in light of the continued siege and the worsening crises resulting from military operations.
1. In June 2024, the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) published a report on the sharp deterioration in the humanitarian situation in Gaza, noting that poverty and unemployment rates have risen to unprecedented levels, as a result of the ongoing Israeli blockade and repeated military operations. The report called for urgent international support to meet the basic needs of the population, including food, shelter and health care.
2. In August 2024, the Office of the High Commissioner for Human Rights (OHCHR) issued a report strongly condemning the targeting of journalists in Gaza. These attacks constitute a flagrant violation of freedom of expression and human rights, stressing that the protection of journalists is an essential part of the obligations of international humanitarian law.
3. In October 2024, the United Nations launched a joint humanitarian appeal to lift the blockade on Gaza, stressing that shortages of fuel, food and medicine have led to a crippling humanitarian crisis that threatens the lives of millions. The appeal explained that the deteriorating conditions have affected various aspects of life, including the health sector, which is facing a severe collapse.
4. In November 2024, the World Health Organization (WHO) warned of the collapse of Gaza's health system, citing severe shortages of essential medicines and medical equipment. She pointed out that the lives of patients, including children and the elderly, are directly threatened, and called for immediate international action to provide the necessary supplies.
5. In December 2024, the World Food Programme (WFP) released a report revealing that more than 70 per cent of Gaza's population is food insecure, a figure that threatens the future of the population. The report called for urgent aid and increased relief support, warning that the situation could worsen catastrophically if the blockade continues without effective intervention.
6. These reports indicate the commitment of UN bodies to monitor the humanitarian situation in Gaza and its situation before the international community. However, its role has remained more descriptive without concrete action on the ground. This situation reflects the absence of effective implementation mechanisms, as well as the increasing focus on humanitarian aspects without adequate consideration of the political and security issues behind these crises.
In addition, these efforts suffer from significant underfunding, receiving only 50 per cent of the funds required to meet humanitarian needs in Gaza. This shortfall compares to the United States' military support for Israel during the year, which amounted to about $22 billion, showing a huge gap in the balance between support for victims and aggressors. Israel's security restrictions also impede the work of UN organizations and limit their ability to access affected areas and provide aid.
Despite these difficulties, reports from these bodies remain important documents documenting crimes and abuses. It not only reflects the scale of suffering, but also provides evidence that can be used in international courts, strengthening legal efforts and helping to hold perpetrators accountable in the future, when the right political conditions exist.
Sixth: Reports of International Human Rights Organizations
The year 2024 saw remarkable activity from prominent international human rights organizations, such as Human Rights Watch and Amnesty International, which issued several major reports documenting serious violations in Gaza. These reports addressed issues such as forced displacement, targeting of civilians, and denial of basic services to populations, and described many of these practices as amounting to war crimes and crimes against humanity.
1. Forced Displacement Report (Human Rights Watch, November 14, 2024): "Desperate, Hungry, and Trapped: Israel's Forced Displacement of Palestinians in Gaza," documents the mass displacement of Palestinians since October 2023. He considered these operations to constitute war crimes and crimes against humanity, based on the testimonies of survivors and analysis of the situation on the ground.
2. Targeting Children with Disabilities (Human Rights Watch, September 30, 2024): Destroying What's Inside Us: Children with Disabilities Under Israeli Attacks, the report reveals flagrant violations against children with disabilities in Gaza, including the denial of basic services, describing these attacks as a clear violation of international law.
3. Targeting Civilians Report (Amnesty International – December 2024): "You feel that you are not a human being: Israel's genocide against Palestinians in the Gaza Strip," the report documented systematic attacks on civilians, including indiscriminate killings and widespread destruction of infrastructure. Amnesty International considered these acts to be part of a policy of collective punishment classified as crimes against humanity.
4. Water Deprivation Report (Human Rights Watch, December 19, 2024): "Israel Committing Genocide: Water Deprivation in Gaza," documents Israel's systematic policies that deny access to water to the population, arguing that these practices amount to genocide by international standards.
5. These reports, especially those related to the targeting of civilians and the deprivation of water, have caused a significant international outcry. The US responded sharply to the reports, calling them "unbalanced and exaggerated," in an attempt to downplay them and protect Israel from any potential punitive measures.
However, these reports are important tools for documenting crimes and violations, as they contribute to the international delegitimization of repressive Israeli policies and pressure international public opinion to support the Palestinian cause.
However, these documents alone are not enough, and should serve as a catalyst for states to take concrete steps, such as imposing sanctions or supporting independent international investigations. Only through these actions can those responsible be held accountable and victims brought justice, rather than simply documenting abuses without actual interference.