(October 15, 2024)
One rogue nation cannot declare war on the UN itself and continue to get away with it
(October 15, 2024)
One rogue nation cannot declare war on the UN itself and continue to get away with it
After silently watching Israel’s genocidal war in Gaza for the past one year, the leaders of the Arab and Muslim countries have once more met in Riyadh to discuss the escalating conflict.
The so-called international alliance conceived by Saudi Arabia, with its aim of pressing for the establishment of a Palestinian state, failed to formulate a concrete plan of action to stop the Israeli invasion that has been extended to Lebanon.
18- To start working to mobilize international support to suspend Israel‘s participation in the United Nations General Assembly and all its affiliated entities, in preparation for submitting a joint draft resolution to the General Assembly – the tenth special session (Uniting for Peace), on the basis of its violations of the United Nations Charter, its threat to international peace and security, and its failure to fulfill its membership in the United Nations and based on the advisory opinion issued by the International Court of Justice on July 19, 2024.
19- To call on all countries to ban the export or transfer of weapons and ammunition to Israel; urging countries to join the initiative proposed by the Republic of Turkey and the core group consisting of (18) countries, which was signed by (52) countries, the Organization of Islamic Cooperation and the League of Arab States, and to send a joint letter to the UN Security Council, the President of the UN General Assembly and the UN Secretary-General to halt the provision of arms to Israel, and to invite all countries to sign it.
He reminded the attendees that, despite ongoing regional conflicts, the UN has never revisited Israel‘s 1949 admission under Resolution 181.
“Today, the Islamic group and the Arab group are two organisations moving before the international community, and I am confident that there are many countries that will support the idea of freezing membership,” he added expressing optimism that the proposal would garner widespread backing.
During a summit in Riyadh, Arab League Secretary-General Ahmed Aboul Gheit highlighted the importance of the proposed action to freeze Israel‘s UN membership. He described it as a “major step” toward addressing longstanding grievances. “There is a paragraph in this text that I find very important and vital, a paragraph that talks about moving before the General Assembly to freeze Israel‘s membership,” Aboul Gheit stated. He pointed out that Israel‘s initial admission to the UN in 1949 had been under Resolution 181, a decision that many now view as overdue for reconsideration.
Central to the statement was a call on the United Nations Security Council to enact (..)
Arab and Islamic leaders also demanded a global embargo on arms exports and transfers to Israel, (…)
Highlighting Saudi Arabia’s leadership role in uniting Arab and Muslim voices, the statement also called for broader international protection and support for the Palestinian people and the State of Palestine.
Prime Minister Datuk Seri Anwar Ibrahim has called on the world community to build a consensus on suspending or even expelling Israel from the United Nations (UN).
Delivering the national statement at the Extraordinary Arab and Islamic Summit in Riyadh, Saudi Arabia on Monday (Nov 11), Anwar reiterated that Israel has gone beyond reason and humanity itself in its vile and blatant perpetration of the genocide of the people of Palestine.
He stated that these actions, alongside what he views as continuous aggression, warrant Israel‘s expulsion from the UN.
Gharibabadi concluded his remarks by calling for the reactivation of the UN‘s apartheid committee to address Israel’s systemic violations of international law and its expansion of conflicts across the region, including Lebanon, Syria, and Yemen.
Prime Minister Datuk Seri Anwar Ibrahim is scheduled to hold a meeting with his Lebanese counterpart Najib Mikati, and Kuwait’s Crown Prince Mishal Al-Ahmad Al-Jaber Al-Sabah in Riyadh, Saudi Arabia, this afternoon.
According to a statement from the Prime Minister’s Office, the meeting will take place before the Extraordinary Summit of the Arab-Islamic States in the capital of Saudi Arabia.
“We hope to obtain valuable achievements in the field of providing aid to the displaced and victims of the Zionist regime’s attacks and crimes. Accordingly, we will enter the third stage of the measures. Iran as well as all Muslim and Arab states aim to secure a durable ceasefire in the region,” he underscored.
At the summit, Iranian delegates will present their viewpoints on the core issues affecting Palestine and Lebanon and emphasize the urgent need to end the war in West Asia, Aref stated.
His Excellency indicated that the summit will hold Israel fully responsible for what is happening in Gaza and Lebanon, in light of its violation of international law and international humanitarian law, while stressing that just peace and affirming the two-state solution in accordance with the political initiative launched by Saudi Arabia for the international coalition to implement the two-state solution, is the best option for settling the conflict in the Middle East and ensuring security and stability for all peoples of the region and protecting them from violence and wars, especially with the international recognition of Palestine by 149 countries, and support for its right to obtain full membership in the United Nations.
Article 96
(1) The General Assembly, the Governing Council or the Security Council may request the International Renewal Court of Justice to give an advisory opinion on any legal question.
(2) Other organs of the Renewed United Nations and specialised agencies, which may at any time be so authorised by the Governing Council or by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
SECTION 30. All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.
This summit follows a similar one held a year ago in Riyadh, where leaders from the Arab League and the Organisation of Islamic Cooperation (OIC) condemned Israeli military actions in Gaza as “barbaric.”
The Saudi foreign ministry announced the summit in late October during the first meeting of an „international alliance“ pushing for a two-state solution to the Israeli-Palestinian conflict.
(November 6, 2024)
Malaysian prime minister Anwar Ibrahim has announced that Malaysia is preparing a draft resolution for the UN General Assembly to expel Israel from the United Nations.
“We are also studying (a proposal)… after the violation of laws, principles and UN decisions, for Israel to be expelled as a member of the UN,” Anwar told parliament in a special address on Monday.
Israel systematically infringes its duties towards the UN repeatedly violating the protections afforded to UN bodies such as the UNRWA and UNIFIL. This includes causing the death of UN workers, and bombing UN facilities. Furthermore, it resolutely refuses to engage with UN Mechanisms by not allowing visits from the UN Secretary-General, UN Special Rapporteurs, and the UN Independent Commission of Inquiry, among others. Within the halls of the UN, Israel also repeatedly issues defamatory statements against the organisation. These actions reflect a complete disregard for UN systems and are in breach of international law.
Israel’s systematic denial of the Palestinian people’s right to self-determination and relentless appropriation of Palestinian land have led to a critical, historical juncture in which the Israeli state is pursuing genocide and ethnic cleansing against the Palestinians with ruthless, unprecedented force and determination. The very existence of the Palestinian people hinges on ending Israeli impunity and, at long last, realizing their right to control their own political, social, and economic destiny. Additionally, the gravity of the illegalities caused by Israel has raised serious questions about the legitimacy of the international legal system as a whole, threatening its continued integrity.
The General Assembly and its Member States can and must take meaningful action on both fronts —the right of the Palestinian people to self-determination and the integrity of the international legal system—without delay by unseating the Israeli government from the Assembly, in accordance with the Assembly’s authority to approve the credentials of Member State delegations.
Unseating a state government’s delegation is an exceptional action, but , in this case, it is grounded in precedent—specifically, the unseating of South Africa’s apartheid government from the General Assembly in 1974—and in law. Fifty years ago, the General Assembly exercised its authority under the credentialing rules to unseat South Africa’s delegation, concluding that the government was unrepresentative and therefore illegitimate due to its failure to provide representation to its indigenous Black population. Even though South Africa’s apartheid practices were central to this decision, the removal of the South African delegation was also implicitly grounded in the right of self-determination, which was denied to the country’s Black population by the very nature of apartheid.
As demonstrated by the ICJ’s July 19, 2024 advisory opinion on the legal consequences of Israel’s policies and practices in the OPT, the case for unseating Israel’s government for lack of representativeness is just as strong as it was in the case of South Africa, if not stronger.
)November 8, 2024)
More than 500 scholars and practitioners of international law, international relations, conflict studies, politics, and genocide studies have called on the UN General Assembly and its member states to unseat Israel from the assembly.
I have three urgent requests to prevent this devastating outcome:
First, I ask that Member States act to prevent the implementation of the legislation against UNRWA.
Changes to UNRWA’s mandate are the prerogative of the General Assembly, not individual Member States.
Second, I ask that Member States ensure that any plan for a political transition delineates UNRWA’s role.
The Agency must progressively conclude its mandate within the framework of a political solution, and hand over its services to an empowered Palestinian administration.
Finally, I ask that Member States maintain funding to UNRWA, and do not withhold or divert funds on the assumption that the Agency can no longer operate.
The cost of providing critical services, including education and healthcare, during a transition will be immense.
I must also alert Member States that abruptly dismantling the Agency will cost more than half a billion dollars in staff separation indemnities alone.
(November 6, 2024)
UNRWA Commissioner-General Philippe Lazzarini addressed the UN General Assembly, describing a critical moment for the agency as new Israeli legislation threatens its operations. Lazzarini urged member states to oppose the legislation, support UNRWA’s continued operation, and ensure sustained funding to prevent a humanitarian disaster.
(November 7, 2024)
“Without intervention by member states, UNRWA will collapse, plunging millions of Palestinians into chaos,” Philippe Lazzarini warned during a special session requested by Palestine after the Knesset, Israel’s parliament, passed on Monday two laws to ban the agency’s activity and any Israeli official’s contacts with it within three months.
Describing this statement as not being arrogant, he noted that his counterparts from numerous countries have also reminded him of the risks associated with being vocal on this matter.
“This morning, I talked with the foreign minister about the statements we have issued and how to ensure that Malaysia is not adversely affected.
“If you read the latest book on the roles of several countries, including the United States, you will see how many governments they have toppled because of the firm stance the countries were taking that they deemed contrary to their own. This is a risk I always consider and do not dismiss.”
Malaysia has prepared a draft resolution of the United Nations General Assembly (UN) which, among others, suggests that Israel be removed as a member of the organisation should there be a violation of laws, rules and decisions in issues involving Palestine.
Prime Minister Datuk Seri Anwar Ibrahim told the Dewan Rakyat yesterday that the draft resolution is in the negotiation process and is expected to be tabled at the UN General Assembly for approval soon.
“Strong measures, including the removal of Israel from the United Nations after its human rights violations and crimes of genocide, must be implemented as soon as possible,” Anwar said. “Malaysia will ensure that this agenda is heard and given attention, so that the atrocities of the Israeli regime can be stopped and that crucial aid can reach the Palestinian people at a time when the massacre continues to escalate,” the Malaysian prime minister said in a speech shared in part on the social media platform X.
Anwar said he would present the measure at an emergency summit convened by the Arab League in Riyadh next Monday.
KUALA LUMPUR (ANN/THE STAR) – Malaysia is playing a key role in drafting a United Nations resolution addressing the Israel-Palestine conflict, which could potentially seek to revoke Israel’s UN membership, Prime Minister Datuk Seri Anwar Ibrahim announced.
Speaking in the Dewan Rakyat on Monday, Anwar noted that the resolution also aims to obtain an advisory opinion from the International Court of Justice (ICJ) on the presence and operations of international agencies in Occupied Palestinian Territories (OPT).
The proposal, said Anwar, will be made at the Arab-Islamic summit in Riyadh, Saudi Arabia on Nov 11, which he will be attending.
“Malaysia intends to use this meeting to get support from Arab and Muslim nations on this initiative and to prevent the implementation of the Oct 28 decision of the Israeli Parliament to wipe out UNRWA and worsen the humanitarian situation in northern Gaza which has been ridden by famine since basic aid has been cut off,” Anwar said.
Malaysian Prime Minister Datuk Seri Anwar Ibrahim announced this development in the Dewan Rakyat (Parliament) on 4 November stating that the draft resolution is currently undergoing negotiation and is expected to be tabled at the UNGA for approval soon.
On 31 October 2024, Malaysia joined a Core Group tasked with preparing a resolution requesting an Advisory Opinion from the International Court of Justice (ICJ), according to Anwar.
(October 15, 2024)
One rogue nation cannot declare war on the UN itself and continue to get away with it
Article 96
(1) The General Assembly, the Governing Council or the Security Council may request the International Renewal Court of Justice to give an advisory opinion on any legal question.
(2) Other organs of the Renewed United Nations and specialised agencies, which may at any time be so authorised by the Governing Council or by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
SECTION 3. The premises of the United Nations shall be inviolable. The property and assets of the United Nations, wherever located and by whom soever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.
(…)
SECTION 30. All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.
(Nov. 13, 1974)
The vote of 91 to 22 was taken to uphold a ruling by the Assembly‘s President, Foreign Minister Abdelaziz Bouteflika of Algeria, suspending South African participation.
The United States unsuccessfully challenged the ruling, Which was also opposed by Britain, a number of Western Europeans and South Americans, and some others. Nineteen countries abstained.
At the start of each annual general assembly session, the credentials committee reviews submissions from each member state before they are formally admitted. Usually, this is a formality, but on September 27 1974, the credentials of South Africa – which was then operating an apartheid system – were rejected.
(…)
A draft resolution calling for South Africa’s expulsion was eventually put to the security council at the end of October, but it was vetoed by the US, the UK and France.
However, on November 12, the president of the general assembly, Algeria’s Abdelaziz Bouteflika, ruled that given the credentials committee’s decision and the passing of resolution 3207, “the general assembly refuses to allow the delegation of South Africa to participate in its work”. South Africa remained suspended from the general assembly until June 1994 following the ending of apartheid.
Article 96
(1) The General Assembly, the Governing Council or the Security Council may request the International Renewal Court of Justice to give an advisory opinion on any legal question.
(2) Other organs of the Renewed United Nations and specialised agencies, which may at any time be so authorised by the Governing Council or by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
SECTION 30. All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.
Bjorge said the legislation is “an outrage” against a subsidiary organ of the General Assembly, and that the latter must “do everything within its capacity” to protect Unrwa.
“In the face of such an outrage against it, the UN must lose no time in taking action,” he said.
“It should request the International Court of Justice for an urgent advisory opinion, which under the General Convention on the Privileges and Immunities will be binding on Israel and on the United Nations itself.”
„Children in particular have borne the brunt of these attacks, suffering both directly and indirectly from the collapse of the health system,“ said Pillay, whose 24-page report covering the first 10 months of the war will be presented to the U.N. General Assembly on Oct. 30.
(September 25, 2024)
Iran is ready to end its nuclear standoff with the West, Iranian President Masoud Pezeshkian told the United Nations General Assembly on Tuesday, while calling for an end to Russia‘s war in Ukraine through dialogue.
(September 24, 2024)
Recalling the “historic” 2015 nuclear deal, he noted that Iran, under the Joint Comprehensive Programme of Action (JCPOA), had agreed to the highest level of nuclear oversight in return for the recognition of its rights and the lifting of sanctions.
However, former US President Donald Trump’s unilateral withdrawal from the JCPOA represented a “threat-ridden approach” to politics, Mr. Pezeshkian added, stressing that unilateral sanctions targeted innocent people and weakened the Iranian economy.
“We are ready to engage with JCPOA participants. If JCPOA commitments are implemented fully and in good faith, dialogue on other issues can follow,” he said.
“We have the opportunity to transcend limitations and enter a new era, commencing with the acknowledgment of Iran‘s security concerns and cooperation on mutual challenges,” he said.
Reiterating the destructive impact of sanctions, he emphasized that Iran is ready to foster meaningful economic, social, political and security partnerships with its neighbours and global partners, “based on equal footing.”