On the 50th Anniversary of Land Day.. The Bar Association Issues a Call to Bar Associations and Legal Professional Bodies in Various Countries Around the World Regarding the Serious Assaults on the Occupied Palestinian Territories

SadaNews - Based on the essential role that the legal profession plays in upholding the rule of law and enhancing respect for international law, especially in the face of grave and ongoing violations.

This call comes in light of the ongoing realities in the occupied Palestinian territories, which raise substantial legal issues related to the law of occupation, the protection of civilian populations, the prohibition of population transfer, and the prevention of discrimination, as well as the responsibilities of states towards illegal situations.

The West Bank, including Jerusalem, is witnessing an acceleration in settlement expansion policies and the imposition of facts on the ground, through land confiscation, the expansion of settlements, and the construction of supporting infrastructure, which undermines the unity of the occupied land and hinders the Palestinian people's exercise of their right to self-determination. These policies include the appropriation of land through various means, and the imposition of stringent restrictions on land use and movement, contrary to the rules of international humanitarian law that govern the administration of occupied territories and prohibit making permanent changes outside military necessities.

These policies are also accompanied by an increase in violence perpetrated by settlers against Palestinian civilians, amidst a clear failure to provide them with the necessary protection, contributing to a coercive environment that drives towards the eviction and displacement of population clusters. Such practices, including forced evictions and house demolitions, fall within prohibited acts under international law, particularly the explicit prohibition of the forced transfer of civilian populations.

In the Gaza Strip, extensive restrictions are imposed on access to land, including areas adjacent to borders (buffer zones), fundamentally limiting the ability of the population to access their resources and livelihoods. These measures are assessed in light of legal obligations concerning the protection of civilian populations, the prohibition of collective punishment, and ensuring a minimum standard of dignified living.

The advisory opinion issued by the International Court of Justice in July 2024 holds critical importance, as it affirmed the illegality of the ongoing Israeli presence in the occupied Palestinian territories, clearly outlining the legal obligations of states, including the duty not to recognize the illegal situation, not to provide any assistance or support for its continuation, and the necessity to take practical steps to collaborate towards its end.

Furthermore, the overall policies and practices applied in the occupied Palestinian territories, including the regime of dual legal control, the restrictions imposed on movement and residency, and the unequal distribution of resources, constitute, in light of the definitions adopted in international law, elements of the crime of apartheid as stated in relevant international treaties and the Rome Statute, a characterization supported by an integrated legal reading of the facts in light of international law rules.

In parallel, the international justice system, including the International Criminal Court and United Nations mechanisms, faces increasing attempts to pressure and undermine it through actions targeting its personnel, including the imposition or threat of imposing measures against judges and international experts. Such actions directly threaten the independence of international judiciary and pose a serious risk to the effectiveness of accountability mechanisms, paving the way for entrenching impunity.

In light of the above, the professional role of bar associations and legal bodies in defending the international legal system, protecting its institutions' independence, and addressing any practices that could weaken the principle of accountability or undermine the rule of law at the international level is highlighted.
Therefore, the Palestinian Bar Association calls for the following:
1- Enhancing professional and legal efforts to interpret and activate the contents of the 2024 advisory opinion of the International Court of Justice, especially the commitments related to non-recognition and non-assistance.

2- Taking clear legal positions regarding the policies and practices in the occupied Palestinian territories, including their characterization in light of relevant international law rules, particularly concerning the crime of apartheid.

3- Defending the independence of the international justice system, including the International Criminal Court and United Nations bodies, and rejecting any actions aimed at undermining its work or influencing its members.

4- Engaging with national entities to ensure that states comply with their international obligations and refrain from any practices that could contribute to supporting or entrenching illegal situations.

5- Supporting professional legal documentation efforts, and enhancing the use of available national and international judicial mechanisms to hold accountable those responsible for serious violations.

The Palestinian Bar Association affirms that protecting the international legal system and ensuring respect for its rules requires a firm professional stance from the international legal community, guaranteeing the preservation of justice principles and preventing impunity.

The Association hopes that this call will serve as a basis for effective legal professional action, contributing to the enhancement of the rule of law at the international level.