‘No Validity’ – UN Rapporteur Rejects Israel’s Claim to Self-Defense in West Bank

Israeli forces raided Tulkarm in the occupied West Bank. (Photo: via QNN)

By Palestine Chronicle Staff  

Francesca Albanese argued that “as an ongoing unlawful use of force,” Israel’s occupation of the occupied Palestinian Territories cannot be justified by any claim of self-defense.

The UN Special Rapporteur on the occupied Palestinian Territories, Francesca Albanese, has slammed Israel for claiming self-defense to justify its military offensive in the occupied West Bank.

“Israel claims that what it is doing in the West Bank is justified under the law of self-defense. This claim has no validity,” Albanese said on X on Friday.

At least 19 Palestinians have been killed since Israel launched a large-scale military offensive in the northern West Bank including the towns of Jenin, Tulkarm and Tubas, described as the largest since 2002.

Albanese pointed out that “Twenty years ago the @CIJ_ICJ determined that Israel could not invoke self-defense under article 51 of the UN Charter to justify its Wall in the occupied Palestinian territory (oPt).”

This past July, she stressed, the Court “indicated that Israel’s very presence in the oPT is itself unlawful.”

Albanese argued that “as an ongoing unlawful use of force,” Israel’s occupation of the oPT cannot be justified by any claim of self-defense.

“Israel’s perversion of the law on self-defense must be recognized for what it is: a brazen attempt to provide an imprimatur of ‘legality’ to the maintenance of its unlawful aggression against the territorial integrity and political independence of the State of Palestine.”

Cease Its Colonization’

Albanese further emphasized that “if Israel truly wants to achieve its claimed security, the best and most obvious way to do that would be to cease its colonization of another people’s land, withdraw from all of it, and make appropriate reparation for damage caused (as requested by the ICJ), while being sure to apologize to its victims on the way out.”

What is Israel’s Aim in the West Bank and Will It Succeed? – ANALYSIS

On Thursday, the UN called for an immediate cessation of Israel’s military operations in the West Bank, with its humanitarian partners warning that “deadly warfare tactics (..) seem to exceed international standards for law enforcement” were taking place.

In a statement, Antonio Guterres, the UN Secretary-General, said he “strongly condemns” Israel’s actions which have resulted in “the loss of lives, including children” and damage to civilian infrastructure.

“These dangerous developments are fuelling an already explosive situation in the occupied West Bank and further undermining the Palestinian Authority,” said Guterres.

Staggering Death Toll

Tensions have escalated across the West Bank amid Israel’s genocidal offensive on the Gaza Strip, which has killed more than 40,600 Palestinians, mostly women and children, since October 7 last year.

Israel’s ‘Deadly Warfare Tactics Exceed International Standards’ in West Bank – UN

More than 600 Palestinians have been killed, nearly 5,400 others injured, and over 10,300 arrested in the West Bank, according to Palestinian figures.

On July 19, the International Court of Justice declared Israel’s decades-long occupation of Palestinian land “illegal” and mandated the dismantling of settlements in the West Bank and East Jerusalem.

Ship Heading to Israel

Albanese also highlighted the Portuguese-flagged shipping vessel that was “expected to deliver 8 containers of explosives to Israel.”

Namibia this week denied port access to the MV Kathrin citing its obligations under international law, specifically the Genocide Convention, to which the southern African country is a party.

Justice Minister Yvonne Dausab told the state newspaper that investigation by the Namibian police force established that the vessel “was indeed carrying explosive material destined for Israel” and the vessel was prohibited from entering Namibian waters.

‘International Law Obligations’ – Namibia Blocks Ship Carrying ‘Explosive Material’ to Israel 

Dausab said the decision “complies with our obligation not to support or be complicit in Israeli war crimes, crimes against humanity, genocide, as well as its unlawful occupation of Palestine.”

On X, Albanese said that as Namibia “has rightfully denied port access to Kathrin, upholding int’l law, my hope is that Angola will follow Namibia’s example and not consent to harbour the ship. This could be a serious breach of the Genocide Convention.”

She emphasized that “Any military transfer to Israel, which the ICJ determined may be plausibly committing genocide, amounts to a breach of the Genocide Convention and of the HRC resolution 55/L.30 mandating an arms embargo on Israel.”

(The Palestine Chronicle)

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4 Comments

  1. It is blatantly obvious from the sheer cataclysm of death and destruction that Israel continues to inflict, not just on Gaza but now on the West Bank, that Israel’s bloodlust has long since transcended any so called ‘right of self defence’. Instead, it has made a complete mockery of the concept and of the world that has done nothing to stop it. No, this is, purely and simply, the implementation of a policy of genocide by whatever means possible – the catalogue of atrocities is multifarious and endless. This from a country that thinks it is ‘civilised’ and fools the rest of the world into believing it. If Israel ever had any claim to exist it has long since forfeited it.

    • Indeed, it reminds me of a scene in Tolkien’s fantasy fiction the Silmarillion, where Feanor’s two surviving sons are informed that as a result of their brutal acts, they have forfeited all right to their father’s creations.

  2. That ship fill of explosive could be Canada’s “contribution”. On March 18, 2024, the majority of MPs in the House of Commons voted in favour of the NDP’s Opposition Day Motion on Palestine. While the motion was significantly watered down by the Liberals, the government conceded that Canada should stop sending arms to “Israel”. But the government has refused to cancel existing permits and has continued to fund “Israel’s” war machine by purchasing weapons from “Israel”.

    https://www.cjpme.org/stop_shipment_explosives
    https://docs.google.com/document/d/1Odcdhkwmhs7AGPmstysdOmfR_da29K9ETssjj4fqSV4/edit#heading=h.g4djtf6w59mb

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