United Nations A/ES-10/L.31/Rev.

1
General Assembly Distr.: Limited
13 September 2024

Original: English

Tenth emergency special session

Agenda item 5
Illegal Israeli actions in Occupied East Jerusalem and the
rest of the Occupied Palestinian Territory

Algeria, Bahrain, Bangladesh, Bolivia (Plurinational State of), Chile, Colombia,

Democratic People’s Republic of Korea, Djibouti, Egypt, Guyana, Iraq, Jordan,
Kuwait, Libya, Malaysia, Mauritania, Morocco, Namibia, Nicaragua, Oman,
Pakistan, Qatar, Saudi Arabia, Senegal, South Africa, Sudan, Türkiye, Uganda,
Yemen and State of Palestine:* revised draft resolution

Advisory opinion of the International Court of Justice on the legal

consequences arising from Israel’s policies and practices in the
Occupied Palestinian Territory, including East Jerusalem, and
from the illegality of Israel’s continued presence in the Occupied
Palestinian Territory 1

The General Assembly,

Guided by the purposes and principles enshrined in the Charter of the United
Nations and international law, including the inalienable right of self -determination of
peoples and the principle of the inadmissibility of the acquisition of territory by force,
Recalling all its relevant resolutions, including those adopted at its tenth
emergency special session,
Recalling also all the relevant resolutions of the Security Council, including
resolution 2334 (2016) of 23 December 2016,
Stressing the obligation of all Member States to fulfil in good faith the
obligations assumed by them in accordance with the Charter of the United Nations,
including to accept and carry out the decisions of the Security Council,
Recalling its resolution 77/247 of 30 December 2022, by which it decided, in
accordance with Article 96 of the Charter of the United Nations, to request the
International Court of Justice, pursuant to Article 65 of the Statute of the Court, to
render an advisory opinion on the following questions:
(a) What are the legal consequences arising from the ongoing violation by
Israel of the right of the Palestinian people to self-determination, from its prolonged
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* Any changes to the list of sponsors will be reflected in the official record of the meeting.
1
All references to the Occupied Palestinian Territory in the text refer to the Occupied Palestinian
Territory, including East Jerusalem.

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A/ES-10/L.31/Rev.1

occupation, settlement and annexation of the Palestinian territory occupied since

1967, including measures aimed at altering the demographic composition, character
and status of the Holy City of Jerusalem, and from its adoption of related
discriminatory legislation and measures?
(b) How do the policies and practices of Israel referred to above affect the
legal status of the occupation, and what are the legal consequences that arise for all
States and the United Nations from this status?
Having received the advisory opinion of the International Court of Justice,
rendered on 19 July 2024, 2 in which the Court determined, inter alia, that:
(a) Israel’s continued presence in the Occupied Palestinian Territory is unlawful,
(b) Israel is under an obligation to bring to an end its unlawful presence in the
Occupied Palestinian Territory as rapidly as possible,
(c) Israel is under an obligation to cease immediately all new settlement
activities, and to evacuate all settlers from the Occupied Palestinian Territory,
(d) Israel has the obligation to make reparation for the damage caused to all
the natural or legal persons concerned in the Occupied Palestinian Territory,
(e) All States are under an obligation not to recognize as legal the situation
arising from the unlawful presence of Israel in the Occupied Palestinian Territory and
not to render aid or assistance in maintaining the situation created by the continued
presence of Israel in the Occupied Palestinian Territory,
(f) International organizations, including the United Nations, are under an
obligation not to recognize as legal the situation arising from the unlawful presence
of Israel in the Occupied Palestinian Territory,
(g) The United Nations, and especially the General Assembly, which
requested this opinion, and the Security Council, should consider the precise
modalities and further action required to bring to an end as rapidly as possible the
unlawful presence of Israel in the Occupied Palestinian Territory,
Affirming in accordance with the advisory opinion of the International Court of
Justice, that:
(a) The Israeli settlements, and their associated regime, including the transfer
by Israel of settlers to the West Bank, including East Jerusalem, as well as Israel’s
maintenance of their presence, the confiscation or requisitioning of land, the
exploitation of natural resources, the extension of Israeli law to occupied territory,
the forced displacement of the Palestinian population, and violence by settlers and
occupying forces against Palestinians, have been established and are being
maintained in violation of international law,
(b) Israel’s policies and practices, including the maintenance and expansion
of settlements, the construction of associated infrastructure, including the wall, the
exploitation of natural resources, the proclamation of Jerusalem as Israel’s capital,
the comprehensive application of Israeli domestic law in East Jerusalem and its
extensive application in the West Bank, entrench Israel’s control of the Occupied
Palestinian Territory, notably of East Jerusalem and of parts of the West Bank, and
are designed to remain in place indefinitely and to create irreversible effects on the
ground, and amount to annexation of large parts of the Occupied Palestinian Territory,
(c) To seek to acquire sovereignty over an occupied territory, as shown by the
policies and practices adopted by Israel, is contrary to the prohibition of the use of
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2
A/78/968.

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force in international relations and its corollary principle of the non -acquisition of
territory by force and constitutes a violation of the obligation to respect territorial
integrity and sovereignty under the Charter of the United Nations and internation al
law,
(d) A broad array of legislation adopted and measures taken by Israel in its
capacity as an occupying Power treat Palestinians differently on grounds prohibited
by international law, and that, accordingly, the regime of comprehensive restrictions
imposed by Israel on Palestinians in the Occupied Palestinian Territory, including
Israel’s residence permit regime in East Jerusalem, its policies restricting freedom of
movement for Palestinians, its planning policy and its practice of demolition of
Palestinian properties, amounts to prohibited discrimination and constitutes systemic
discrimination based on, inter alia, race, religion or ethnic origin in violation of the
relevant rules of international humanitarian law and international human rights law,
including the Fourth Geneva Convention, 3 the International Covenant on Civil and
Political Rights, 4 the International Covenant on Economic, Social and Cultural
Rights 5 and the International Convention on the Elimination of All Forms of Racial
Discrimination 6 and customary international law,
(e) Israel’s legislation and measures impose and serve to maintain a near-
complete separation in the West Bank, including East Jerusalem, between the settler
and Palestinian communities and constitute a breach of article 3 of the International
Convention on the Elimination of All Forms of Racial Discrimination, which refers
to two particularly severe forms of racial discrimination and stipulates that “States
Parties particularly condemn racial segregation and apartheid and undertake to
prevent, prohibit and eradicate all practices of this nature in territories under their
jurisdiction”,
(f) The Palestinian people is entitled to self-determination in accordance with
the Charter of the United Nations, a right that constitutes a peremptory norm of
international law in such a situation of foreign occupation, and that Israel, as the
occupying Power, has the obligation not to impede the Palestinian people from
exercising its right to self-determination, including its right to an independent and
sovereign State, over the entirety of the Occupied Palestinian Territory,
(g) Israel’s policies and practices, which span decades, including its
settlements and their associated regime, its annexation, its legislation and measures
that discriminate against Palestinians in the Occupied Palestinian Territory, and the
forced displacement of Palestinians and strict restrictions on their movement, have
violated the integrity of the Occupied Palestinian Territory, undermined the integrity
of the Palestinian people and the protection against acts aimed at dispersing it,
deprived the Palestinian people of its enjoyment of the natural resources in the
Occupied Palestinian Territory in breach of its permanent sovereignty over its natural
resources, and have obstructed the right of the Palestinian people freely to determine
its political status and to pursue its economic, social and cultural development, and
that these policies and practices constitute a prolonged breach of the Palestinian
people’s fundamental right to self-determination,
(h) The existence of the Palestinian people’s right to self-determination, in
view of its character as an inalienable right, cannot be subject to conditions on the
part of the occupying Power,

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3
United Nations, Treaty Series, vol. 75, No. 973.
4
See resolution 2200 A (XXI), annex.
5
Ibid.
6
United Nations, Treaty Series, vol. 660, No. 9464.

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(i) Israel is not entitled to sovereignty over or to exercise sovereign powers

in any part of the Occupied Palestinian Territory on account of its occupation, nor can
Israel’s security concerns override the principle of the prohibition of the acquisition
of territory by force,
(j) The violations by Israel of the prohibition of the acquisition of territory by
force and of the Palestinian people’s right to self-determination have a direct impact
on the legality of the continued presence of Israel, as an occupying Power, in the
Occupied Palestinian Territory, and that 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, and that this illegality relates to the entirety of the Palestinian territory
occupied by Israel in 1967,
(k) Israel has an obligation to bring an end to its presence in the Occupied
Palestinian Territory as rapidly as possible, as it constitutes a wrongful act of
continuing character entailing its international responsibility which has been brought
about by Israel’s violations, through its policies and practices, of the prohibition on
the acquisition of territory by force and of the right to self -determination of the
Palestinian people,
Reaffirming the need for universal adherence to and implementation of the rule
of law at both the national and international levels and its solemn commitment to an
international order based on the rule of law and international law, which, together
with the principles of justice, is essential for peaceful coexistence and cooperation
among States,
Considering that respect for the International Court of Justice and its functions,
including in the exercise of its advisory jurisdiction, is essential to international law
and justice and to an international order based on the rule of law,
Recalling the permanent responsibility of the United Nations with regard to the
question of Palestine until it is resolved in all its aspects in accordance with
international law and the relevant United Nations resolutions,
Reaffirming its commitment to the realization of the right of the Palestinian
people to self-determination, including its right to an independent and sovereign
State, living side by side in peace and security with Israel, in accordance with the
relevant resolutions of the Security Council and the General Assembly,
Convinced that achieving a just, lasting and comprehensive settlement of the
question of Palestine, the core of the Arab-Israeli conflict, in accordance with
international law and the relevant United Nations resolutions, is imperative for the
attainment of comprehensive and lasting peace and stability in the Middle East, and
reaffirming the right of all States in the region to live in peace within secure and
internationally recognized borders,
Stressing the urgency of achieving without delay an end to the Israeli occupation
that began in 1967,
Reaffirming its commitment for respect for, and the preservation of, the
territorial integrity and unity of the Occupied Palestinian Territory, including East
Jerusalem,
Reaffirming the illegality of Israeli settlements and their associated regime, as
well as all other measures aimed at altering the demographic composition, character
and status of the City of Jerusalem and of the Occupied Palestinian Territory as a
whole, and rejecting in this regard any attempt at demographic or territorial change

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in the Gaza Strip, including any actions that reduce the territory of the Gaza Strip,
which constitutes an integral part of the Occupied Palestinian Territory,
Stressing that, as indicated by the International Court of Justice, the obligations
violated by Israel include certain obligations of an erga omnes character that are, by
their very nature, “the concern of all States” and, in view of the importance of the
rights involved, all States can be held to have a legal interest in their protection,
among them the obligation to respect the right of the Palestinian people to self-
determination and the obligation arising from the prohibition of the use of force to
acquire territory as well as certain of its obligations under international humanitarian
law and international human rights law,
Emphasizing the imperative of ensuring accountability for all violations of
international law in order to end impunity, ensure justice, deter future violations,
protect civilians and promote peace,
1. Welcomes the advisory opinion of the International Court of Justice of
19 July 2024 on the legal consequences arising from Israel’s policies and practices in
the Occupied Palestinian Territory, including East Jerusalem, and from the illegality
of Israel’s continued presence in the Occupied Palestinian Territory;
2. Demands that Israel brings to an end without delay its unlawful presence
in the Occupied Palestinian Territory, which constitutes a wrongful act of a continuing
character entailing its international responsibility, and do so no later than 12 months
from the adoption of the present resolution;
3. Demands that Israel comply without delay with all its legal obligations
under international law, including as stipulated by the International Court of Justice,
by, inter alia:
(a) Withdrawing all its military forces from the Occupied Palestinian
Territory, including its airspace and maritime space;
(b) Putting an end to its unlawful policies and practices, including ceasing
immediately all new settlement activity, evacuating all settlers from the Occupied
Palestinian Territory and dismantling the parts of the wall constructed by Israel that
are situated in the Territory, and repealing all legislation and measures creating or
maintaining the unlawful situation, including those which discriminate against the
Palestinian people, as well as all measures aimed at modifying the demographic
composition, character and status of any parts of the Territory, including all measures
violating the historic status quo at the holy sites of Jerusalem;
(c) Returning the land and other immovable property, as well as all assets
seized from any natural or legal person since its occupation started in 1967, and all
cultural property and assets taken from Palestinians and Palestinian institutions;
(d) Allowing all Palestinians displaced during the occupation to return to their
original place of residence;
(e) Making reparation for the damage caused to all the natural and legal
persons concerned in the Occupied Palestinian Territory;
(f) Immediately complying with obligations under international law indicated
in the respective provisional measures orders of the International Court of Justice in
the case concerning the application of the Convention on the Prevention and
Punishment of the Crime of Genocide 7 (South Africa v. Israel) in relation to the right
of the Palestinian people in the Gaza Strip to be protected from all acts within the
scope of articles II and III of the Convention;
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7
Resolution 260 A (III), annex.

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(g) Not impeding the Palestinian people from exercising its right to self -
determination, including its right to an independent and sovereign State, over the
entirety of the Occupied Palestinian Territory;
4. Calls upon all States to comply with their obligations under international
law, inter alia, as reflected in the advisory opinion, including their obligation:
(a) To promote, through joint and separate action, the realization of the right
of the Palestinian people to self-determination, the respect of which is an obligation
erga omnes, and refrain from any action which deprives the Palestinian people of this
right and, while respecting the Charter of the United Nations and international law, to
ensure that any impediment resulting from the illegal presence of Israel in the
Occupied Palestinian Territory to the exercise by the Palestinian people of its right to
self-determination is brought to an end;
(b) Not to recognize as legal the situation arising from the unlawful presence
of Israel in the Occupied Palestinian Territory;
(c) Not to render aid or assistance in maintaining the situation created by
Israel’s illegal presence in the Territory;
(d) Not to recognize any changes in the physical character or demographic
composition, institutional structure or status of the territory occupied by Israel on
5 June 1967, including East Jerusalem, except as agreed by the parties through
negotiations, as affirmed by the Security Council in its resolution 2334 (2016), and
the obligation in this regard, in relation to, inter alia, their diplomatic, political, legal,
military, economic, commercial and financial dealings with Israel, to distinguish
between Israel and the Palestinian territory occupied since 1967, including by:
(i) Abstaining from treaty relations with Israel in all cases in which it purports
to act on behalf of the Occupied Palestinian Territory or a part thereof on matters
concerning the Occupied Palestinian Territory or a part of its territory;
(ii) Abstaining from entering into economic or trade dealings with Israel
concerning the Occupied Palestinian Territory or parts thereof which may
entrench its unlawful presence in the Territory, including with regard to the
settlements and their associated regime;
(iii) Abstaining, in the establishment and maintenance of diplomatic missions
in Israel, from any recognition of its illegal presence in the Occupied Palestinian
Territory, including by refraining from the establishment of diplomatic missions
in Jerusalem, pursuant to Security Council resolution 478 (1980) of 20 August
1980;
(iv) Taking steps to prevent trade or investment relations that assist in the
maintenance of the illegal situation created by Israel in the Occupied Palestinian
Territory, including with regard to the settlements and their associated regime;
(e) To ensure, as States parties to the Fourth Geneva Convention, compliance
with international humanitarian law as embodied in that Convention, in particular
pursuant to their obligations under articles 146, 147 and 148 regarding penal sanctions
and grave breaches, while respecting the Charter of the United Nations and
international law and underscoring the urgency of undertaking measures to enforce
the Convention in the Occupied Palestinian Territory, including East Jer usalem;
(f) To undertake efforts towards bringing to an end systemic discrimination
based on, inter alia, race, religion or ethnic origin, including to prevent, prohibit and
eradicate the violations by Israel of article 3 of the International Convention on the
Elimination of All Forms of Racial Discrimination identified in the advisory opinion;

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5. Also calls upon all States in this regard, consistent with their obligations
under international law:
(a) To take steps to ensure that their nationals, and companies and entities
under their jurisdiction, as well as their authorities, do not act in any way that would
entail recognition or provide aid or assistance in maintaining the situation created by
Israel’s illegal presence in the Occupied Palestinian Territory;
(b) To take steps towards ceasing the importation of any products originating in
the Israeli settlements, as well as the provision or transfer of arms, munitions and related
equipment to Israel, the occupying Power, in all cases where there are reasonable
grounds to suspect that they may be used in the Occupied Palestinian Territory;
(c) To implement sanctions, including travel bans and asset freezes, against
natural and legal persons engaged in the maintenance of Israel’s unlawful presence in
the Occupied Palestinian Territory, including in relation to settler violence;
(d) To support accountability efforts for all victims;
6. Calls upon international organizations, including the United Nations, and
regional organizations not to recognize as legal the situation arising from the unlawful
presence of Israel in the Occupied Palestinian Territory and to distinguish, in their
relevant dealings, between Israel and the Occupied Palestinian Territory and not to
recognize, or cooperate with or assist in any manner in, any measures undertaken by
Israel to exploit the natural resources of the Occupied Palestinian Territory or to effect
any changes in the demographic composition or geographic character or institutional
structure of the Territory;
7. Calls upon the United Nations, and its bodies and organs, to respect and
act in a manner consistent with the determinations made by the International Court of
Justice, including in relation to all relevant maps, statements and reports, as well as
in their respective programmes and actions;
8. Strongly deplores the continued and total disregard and breaches by the
Government of Israel of its obligations under the Charter of the United Nations,
international law and the relevant United Nations resolutions, and stresses that such
breaches seriously threaten regional and international peace and security;
9. Recognizes that Israel must be held to account for any violations of
international law in the Occupied Palestinian Territory, including any violations of
international humanitarian law and international human rights law, and that it must
bear the legal consequences of all its internationally wrongful acts, including by
making reparation for the injury, including any damage, caused by such acts;
10. Recognizes in this regard the need for the establishment of an international
mechanism for reparation for all damage, loss or injury arising from the
internationally wrongful acts of Israel in the Occupied Palestinian Territory, and calls
for the creation by Member States, in coordination with the United Nations and its
relevant bodies, of an international register of damage to serve as a record, in
documentary form, of evidence and claims information on damage, loss or injury to
all natural and legal persons concerned, as well as to the Palestinian people, caused
by the internationally wrongful acts of Israel in the Occupied Palestinian Territory, as
well as to promote and coordinate evidence-gathering and initiatives aimed at
securing such reparation by Israel;
11. Emphasizes the need to ensure accountability for the most serious crimes
under international law through appropriate, fair and independent investigations and
prosecutions at the national or international level, and to ensure justice for all victims
and the prevention of future crimes;

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12. Calls for the convening of a Conference of High Contracting Parties to the
Fourth Geneva Convention relative to the protection of civilian persons in time of
war on measures to enforce the Convention in the Occupied Palestinian Territory,
including East Jerusalem, and to ensure respect thereof in accordance with common
article 1 of the four Geneva Conventions, 8 and invites in this regard the Government
of Switzerland, in its capacity as the depositary of the Geneva Conventions, to
convene the Conference within six months of the adoption of the present resolution;
13. Decides to convene during the seventy-ninth session of the General
Assembly an international conference under the auspices of the Assembly for the
implementation of the United Nations resolutions pertaining to the question of
Palestine and the two-State solution for the achievement of a just, lasting and
comprehensive peace in the Middle East;
14. Requests the Secretary-General, in consultation with the United Nations
High Commissioner for Human Rights and Member States with relevant experience
and expertise, to present proposals, in the report requested in the present resolution,
for the establishment of a mechanism to follow up on the violations by Israel of article
3 of the International Convention on the Elimination of All Forms of Racial
Discrimination identified by the International Court of Justice in its advisory opinion;
15. Confirms its determination to examine further practical ways and means
to secure the full respect of the advisory opinion and the full implementation of all
relevant United Nations resolutions, notably in case of non-compliance;
16. Urges all States, the United Nations and its specialized agencies and
organizations, as well as regional organizations, to support and assist the Palestinian
people in the early realization of its right to self-determination and to actively pursue
steps to ensure full implementation of the advisory opinion and of all relevant United
Nations resolutions;
17. Requests the Secretary-General to submit a report to the General Assembly
within three months on the implementation of the present resolution, including any
actions taken by Israel, other States and international organizations, including the
United Nations, for the implementation of its provisions or for any violations thereof;
18. Reaffirms the permanent responsibility of the United Nations with regard
to the question of Palestine until it is resolved in all its aspects in accordance with
international law and the relevant United Nations resolutions;
19. Decides to adjourn the tenth emergency special session temporarily and to
authorize the President of the General Assembly at its most recent session to resume
its meeting upon request from Member States.

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United Nations, Treaty Series, vol. 75, Nos. 970–973.

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