International law and human rights treaties apply to all peoples and nations – or do they? The norms are clear, regional and international tribunals exist, but effective enforcement mechanisms are sorely missing. As a few powerful countries claim “exceptionalism,” and a “culture of impunity” has developed, which neither the United Nations nor the “international community” have been able to correct.
The current Israeli government is in open rebellion against international law and the UN Charter. Israel has ignored dozens of resolutions of the UN General Assembly, Human Rights Council and the very few Security Council Resolutions that somehow squeezed through without being blocked by a veto from the United States. Whereas some previous Israeli governments have displayed at least an certain willingness to reach agreements with the Palestinian people – for example during the government of the assassinated Prime Minister Yitzhak Rabin – the current government under Prime Minister Benjamin Netanyahu is bent on completing the ethnic cleansing that began in 1947 with the Nakba, notwithstanding the clear condemnation of Israeli violations of international law documented in the International Court of Justice’s Advisory Opinions of 9 July 2004 and 19 July 2024, and the three orders issued by the ICJ in the contentious case South Africa v. Israel in 2024 concerning the ongoing genocide against the population of Gaza.
UN helped create Israel and should be responsible for establishment of a Palestinian state
When the General Assembly adopted Resolution 181, the “partition” resolution, on 29 November 1947, there were legal conditions and reasonable expectations, which to this date have not been met. Bearing in mind that the establishment of the State of Israel was supported by a United Nations resolution, it is and was always the responsibility of the United Nations to take appropriate enforcement measures to ensure the establishment of a Palestinian State, as envisioned in 1947 and confirmed in hundreds of subsequent UN resolutions. The failure by the UN to take effective action has led to serial wars in the region and threatened international peace and security within the meaning of article 39 of the UN Charter.
In the absence of enforcement measures by the UN, it is for the international community to seek other ways to implement the right of self-determination of the Palestinian people by ensuring through diplomatic, political, economic and commercial action that the international peaceful order is protected and maintained. This would entail, inter alia, a complete arms embargo against the government of Israel and other measures aimed to vindicate the erga omnes obligation of all States to ensure respect for the human rights of the Palestinians. Such action would impose responsibilities on the private sector including transnational corporations and business enterprises.
The UN’s historical response to the Palestinian issue
No one in 1947 would have dreamt that Israel would emerge as a state, be massively supported by the United States and Europe, while the Palestinians would be taken for a ride by the international community, which has only given lip service to Palestinian rights, without any concrete action to materialize a Palestinian State. This situation entails not only violations of international law, but it also constitutes a frontal attack on international morals. Many countries, notably the United States and its vassals are complicit in the serial violation of international law and human rights by successive Israeli governments.
Israel’s rebellion against international order is only possible because of the weakness of UN Secretary General António Guterres and the complicity of three Permanent Five (P5) members of the Security Council, notably the United States, the United Kingdom and France, who have provided Israel the necessary military, political, diplomatic, economic, financial and propagandistic support to continue the revolt against law and morality. Of course, many other States are also complicit in the ongoing genocide in Gaza. The response of the UN General Assembly has been lip service to international law, but not a single move to invoke the Responsibility to Protect doctrine (paragraphs 138 and 139 of GA Resolution 60/1). Admittedly, the General Assembly cannot impose sanctions like the Security Council under Chapter VII of the Charter, but it could at least recommend to all UN member states to immediately stop all commercial and diplomatic relations with Israel, especially to stop the direct or indirect sale of weapons to Israel.
Actions the General Assembly could be taking today
In 1973 the United Nations withdrew the accreditation of South African diplomats for as long as the criminal Apartheid policies were in force. Such a decision is all the more justified today, since the Palestinians have been enduring not only Israeli Apartheid policies, but the Gaza population is suffering relentless genocide.
What more could the General Assembly do today? It could adopt a resolution expelling Israel from membership in the United Nations, as envisaged in article 6 of the UN Charter, which stipulates: “A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.” Of course, such an expulsion would never actually materialize, because the US, the United Kingdom and France would surely veto it in the Security Council. Indeed, the US and many European countries are complicit in the genocide, bearing in mind that they continue doing “business as usual” with a State that has had a consistent policy of ethnic cleansing since 1947.
Israel has engaged in indiscriminate attacks on its neighbors, killing hundreds of UN staff members, and practicing targeted killings in violation of all notions of the “rule of law.” One can also conclude that Israel is not only a “rogue State”, but also a “failed State”, which has refused to make the necessary concessions dictated by common decency and civilization, so as to live in peace with its neighbors.
There are many moral outrages associated with the Palestine/Israel conflict. Millions of words have been devoted to it. And as I write this essay, more innocent Palestine civilians are being slaughtered while the West engages in apology of genocide on behalf of Israel. Almost the entire “international law” industry in the West has been put at the service of Israel, and they invoke the right of “self-defense” stipulated in article 51 of the UN Charter. As a professor of international law for several decades, I can express the opinion that with respect to Palestine Israel has no right to “self-defense” under the UN Charter, because Israel is an occupier. Hamas committed atrocious crimes on 7 October 2023, which should be investigated and prosecuted. But what the Israeli State is responsible for is not only war crimes, but genocide.
I cannot end this essay without remembering the sadly heroic act of US Airman Aaron Bushnell, who self-immolated before the Israeli Embassy in Washington DC on February 25, 2024 in fiery protest against the genocide against the Palestinians and the general indifference of the international community that seems prepared to continue doing “business as usual” with Israel. I pray for an immediate ceasefire in Gaza and for accountability before the International Criminal Court.
Alfred de Zayas is a professor of international law at the Geneva School of Diplomacy, former UN Independent Expert on International Order (2012-18), former Secretary of the UN Human Rights Committee and Chief of the Petitions Department. He is also the Author of 12 books including Building a Just World Order and The Human Rights Industry and a member of the Geneva International Peace Research Institute.
