Written statement of Saudi Arabia

KINGDOM OF SAUDI ARABM
MINISTRY OF FOREIGN AHfllRS
1vti1dstcr1s Of#ce
,.••~,
INTERNATIONAL COURT OF JUSTICE
LE:GAL CONSEQUENCES ARISING FROM THE POLICIES AND PRACTICES OF ISRAEIL
IN THE OCCUPIED PALESTINIAN TERRITORY, INCLUDING EAST JERUSALEM
(Request for an Advisory Opinion)
WRITTEN STATEMENT OF THE KINGDOM OF SAUDI ARABIA
25 JULY 2023
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KINGDOM OF ~AUDI ARABM
MINISTRY OF FOREIGN AFFAIRS
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I. INTRODUCTION
I. This written statement is submitted by the Kingdom of Saudi Arabia pursuant to the Court's
Order of 3 February 2023, issued upon the request for an advisory opinion made by the General
Assembly of the United Nations in its Resolution 77/247 of 30 December 2022.1
2. The tenns of the request made by the General Assembly are as follows:
[C]onsidering the rules and principles of international law, including
the Charter of the United Nations, international humanitarian law,
international human rights law, relevant resolutions of the Security
Council, the General Assembly and the Humim Rights Council, and
the advisory opinion of the Court of 9 July 2004:
Question (a): What are the Jegal consequences arising from the
ongoing violation by Israel of the right of the Palestinian people to
self-detennination, from its prolonged 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?
Question (b): How do the policies and practices of Israel referred to
in [question (a)] 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?2
3. The Kingdom of Saudi Arabia was a co-sponsor of the draft resolution requesting this
advisory opinion and voted in favour of the request.
4. For the purposes of this written statement and in order to avoid repetition, the Kingdom of
Saudi Arabia refers to the following comprehensive reports commissioned by U.N. organs which
set forth relevant facts which form the basis of the request: (i) First Report of the Independent
1 U.N. General Assembly R~olution 77/247 (2022) (U.N. Dossier No. 3). The references in this Written Statement
to "U.N. Dossier No._" are to the documents transmitted to the Court by the U.N. Secretariat pursuant to Article
65(2) of the Court's Statute, posted on the Court's website in June 2023.
2 U.N. General Assembly Resolution 771247 (2022), pam. 18 (U.N. Dossier No. 3).
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KINGDOM OF ~AUDI ARABIA
MINISTRY Of FOREIGN AFFAIRS
'Miuister's l:ffea
International Commission of Inquiry on the Occupied Palestinian Territory, including East
Jerusalem, and Israel (the "Independent Commission"), dated 9 May 20221 ("First Report");
(ii) Second Report of the Independent Commission, dated 14 September 20224 ("Second Report");
and (iii) Third Report of the Independent Commission, dated 9 May 20235 ("Third Report")
(together, with the First Repo1t and the Second Report, the "Reports"). The Reports have been
prepared by the Independent Commission pursuant to Human Rights Council Resolution S-30/1
(2021).6
5. The Reports are complemented by hundreds of additional exhaustive studies by U.N.
human rights mandate holders and by several U.N. specialized agencies and bodies' with
J U.N. Human Rights Council, Report of tlte hull!pendc•11t l11tenw1io1u1I Commi.fsion qf l11q11i1:i• oH thl!, Occupied
Pttlesti11ia11 Terrlto1y, lncl11tfi11g East Jerusalem, 011d lrrael, U.N. Doc. AIHRCIS0'21, 9 May 2022 ( .. Fiflit Report").
On 22 July 2021, the President of the Human Rights Council announced the appointment ofNavanethem Pillay (South
Africa), Mi loon Kolhari (India) and Christopher Sidoti (Au~tralia) a.~ members of the Independent Commi.i..~ion. Id.,
para. 2.
4 U.N. Human RighL~ Council, Report qf the l,u/cipemlelll h11enwtio1wl Commls,d<m 11/ b1q11i,:11 011 the Occupie,I
Pt1lestini(l/t Territmy. i11cl11tli11g Eust Jernsulem, and lsmcl, U.N. Doc. A/771328, 14 September 2022 ("Second
Report"). In the Second Report, the Independent Commission recommended the Oenernl Assembly 10 "[u]rgently
request an advisory opinion from the International Court of Justice on the legal consequences of the continued refusal
on the part of Israel to end its occupation of the Occupied Palestinian TemtOI)', i.ncluding East Jerusalem, amounting
to de filclo annex11tion, of policies employed to achieve this, and of the refusal on the part of b;rael 10 resp~t the right
of the Palestinian people to self-detemlination, and on the obligations of third States &Jid the United Nations to ensure
respect for international law." lei., para. 92(a).
s U.N. Human Rights Council, Report of the /11depe11de11t l11tenwtional Commission of l11q11/ry 011 the Occupied
Palesti11ic111 Territory, /11c/11di11g East Jer,,safem, am/ Israel, U.N. Doc. A/HRCISJ/22, 9 May 2023 ("Third Report").
The Third Report was accompanied by another document entitled "Detailed findings on attacks and restrictions on
and harassment of civil society actors, by all duty bearers." U.N. Human Rights Council, Detailedfi11dings on nttucks
a11d re.ttrictim1.~ 011 and ht1mssme111 of civil societv actor.f, b.v all d11{v bearers. l11depe11dent lt1tematl01zul Cf>mmissio11
ofll,q11ilyon tlte Occupied Pa/cstu,ia11 Terri101:v, i11c/1rcli11g East Jemsalem, mttl lsmel, U.N. Docc. A/HR053.'CRP.1.
6 U.N. Human Rights Council Resolution S-30/1 (27 May 2021), U.N. Doc. A/HRCIRESIS-30/J. See U.N. General
Assembly Resolution 77/247 (2022). Preamble ("1"tlki11g note al~o of the report of the independent international
commission of inquiry established pursuanl 10 Human Rights Council resolution S-301 l ") {U.N. Dossier No. 3).
1 See, e.g., U.N. General As.~embly Resolution 2443 (XXIII) (1968), para. I (establishing the "Special Committee to
Investigate Israeli Practices Am~cring the Human Rights of the Population of the Occupied Territories") {U.N. Dossier
No. 652); U.N. Gener11I Assembly Resolution 3376 (XXX) (1975), paras. 3-4 (establishing the Committee on the
Exen:ise of the Inalienable Rights of the Palestinian People and requesting it to recommend 10 the General Assembly
11 programme of implementation 10 enable the Palestinian people to exercise the rights recognized in paragraphs I and
2 of U.N. General Assembly Resolution 3236 (XXIX) (1974), that Is, their inalienable rights to self-dctennina1ion
without external interference, national independence: and sovereignty; and their inalienable rights to return to their
homes and property from which they have been displaced and uprooted) (U.N. Dossier No. 383); U.N. Commission
2
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KINGDOM OFSAUDIARABIA ~:v I'\
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MINISTRY OF FOREIGN AFFAIRS
'Ministers Oftice
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geographical mandate in the Occupied Palestinian Territory (defined as all territory east of the
annistice line of 1949 up to the border with Jordan (the .. Green Line"), including East Jerusalem,
and also including the Gaza Strip). 8
II. COMPETENCE AND ADMISSIBILITY
A. The General Assembly Has Competence to Request an Advisory Opinion on the
Present Questions
6. Anicle 96(1) of the U.N. Charter confers on the General Assembly the competence to
request an advisory opinion from the Court on any legal question. It is clear from this express
authorization enshrined in the U.N. Charter that the General Assembly is. for the purposes of
Article 65(1) of the Statute of the Court, "an organ duly authorized to seek [an advisory opinion]
under the Charter.',\)
7. The present request for an advisory opinion from the Court has been validly adopted by
the General Assembly in its Resolution 771247 of30 December 2022.
on Human Rights, Resolution 199.lf2A (19 February 1993), para. 4 (appointing a special rapporteur "with the
following mandate: (a) To investigate Israel's violations of the principles and bases of international law, international
humanitarian law and the Geneva Convention relative to the Protection of Civilian Persons In Time of War, of 12
August 1949, in the Palestinian territories occupied by Israel since 1961; (b) To receive communications, to hear
witnesses, and t<J use such modalities of procedure as he may deem neee-;sary for his mandate; (c) To report, with his
conclusions arid recommendations, to the Commission on Human Rights n1 its future sessions, until the end of the
Israeli occupation of those tenitorics,'1; U.N. Security Council Resolution 2334 (2016), para. 12 (requesting "the
Secretary-General to report to the Council every three months on the implementation of the provisions of the present
resolu1ion.")(U.N. Dossier No. 1372).
a Sec U. N. General Assembly, Report of lhe Special Committee lo lm,estigate Israeli Pl'actices Affecting the Humu11
Rig/rts of the Palestinia11 Pc.>ople o,u/ Otl1er Ambs of the Occ11pied Ten·itorles, U.N. Doc. An6/360, 29 September
2021, para. 2 (U.N. Dossier No. 757}. See ttlso ('j. Leg"/ Con,(cq11e11ces of the Constmctio11 of" Wall in !he Occ11picd
Palesti11ia11 Territo1:v. Advlso,y Opl11io11. I.CJ. Reports 2004 ("Wall Ad,•isory, Opinion"), pp. 166-167, paras. 72, 73,
78.
9 App//catio11fol' Review of J11dgme111 No. 27 J of the United Ne1lio11s Admillistmtil'e Tribrmal, A,Msory Opinion, I. C.J
Reports }981, p. 333, para. 21; Lcgalilyofthe Threat or Use of Nuclear Weapons. Adviso,y O!'inio11, l .C.J. Rcp~rrs
/996 ("Nuclear Wetlpo11s A,Mso,y Opinion"), p. 232, para. 11. See also Statute of the lnternat1onal Court of Justice,
24 October 1945, 59 Stal 1055 (''ICJ Statute"), Article 65(1),
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KINGDOM OF ~AUDI ARABIA
MINISTRY OF FOREIGN AFFAIRS
i1in 1ster's ~ffae
8. Unlike other organs of the United Nations and specialized agencies, which are authorized
to request an advisory opinion only on "legal questions arising within the scope of their activities,"
the General Assembly can request an advisory opinion on "any legal question".10
9. The present questions submitted by the General Assembly "have been framed in terms of
law and raise problems of international law."11 They relate to the legal consequences arising from
the ongoing violations by Israel of various international law norms in the Occupied Palestinian
Territory, how these affect the legal status of the occupation and what legal consequences arise
from this status for all States and the United Nations.
10. In order to answer these questions, the Court will have to identify the relevant rules of
international law and interpret and apply them to Israel's prolonged occupation, as well as to its
policies and practices in the Occupied Palestinian Territory, to assess whether those actions
constitute violations of the identified rules of international law. The Court will then have to
detennine the legal consequences arising from its conclusions. The present request by its express
tenns therefore l'aises questions of a clear legal character, which, to use the words of the Court,
"are by their very nature susceptible of a reply based on law."1.2
11. The fact that the questions submitted to the Court may have political aspects does not
undennine their legal nature. The Court has affinned that: "Whatever its political aspects, the Court
cannot refuse to admit the legal character of a question which invites it to discharge an essentially
judicial task.""
12. Moreover, it is well-established by the Court's jurisprudence that the Security Council's
primary responsibility for the maintenance of international peace and security does not mean that
111 Charter of the United Natiom, 24 October 1945, I UNTS XVI ("U. N. Charter"), Article 96.
11 Wl!Slt!fll Salmra, Acfriso1'' Opinion, I.CJ. Repons 1975 (''Wesiern Sahara Advisory Opi11io11"), p. 18, para. I 5.
iz Id.
u W"II Ad,·isory Oplnio11, p. I SS, para. 4 1; Nuclem· Weapons Advisory Opinio11, p. 234, para. 13.
4
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KINGDOM OF ~AUDI ARABIA
MINISTRY OF FOREIGN AFFAIRS
it has exclusive l'esponsibility. 14 Thus, the Security Council dealing concurrently with the
Palestinian question does not affect the General Assembly's competence to make such a request
for an advisory opinion.15
13. Therefore, with respect to the present questions, the General Assembly is competent to
make this request for an advisory opinion from the Court.
B. The Court Has Jurisdiction to Issue the Opinion and There Are No Compelling
Reasons Not to Respond to this Request
14. The Court derives its advisory jurisdiction from Article 65( l) of its Statute, which provides
that the Court may give an advisory opinion on any legal question at the request of a body
authorized by the U .N. Cha11el'. As demonstrated above, the General Assembly is competent under
the U.N. Charter to request an advisory opinion and is submitting legal questions to the Court.
Therefore, the Court can exercise its advisory jurisdiction in the present proceedings.
15. Article 65( I) of the Court's Statute also provides the Court with a measure of discretion as
to whether or not to exercise its advisory jurisdiction, 16 although the Court has never refused to
ente11ain a request for an advisory opinion on the basis of its discretion. The Court has been
"mindful of the fact that its answer to a request for an advisory opinion 'represents its participation
in the activities of the Organizatio~ and, in principle, should not be refused'."17 Pursuant to its
established practice, it is only if there are "compelling reasons" that the Court would, in the
exercise of its discretion under Article 65( I), refuse on judicial propriety grounds to give an
advisory opinion.18
14 We,// Advism:v Opinion, pp. 148-150, paras. 24-28.
1$/d,
16 /d., p. 156, para. 44.
11 wgal Co11.req11e11ces of the Separation 1,f the Chagos A1·chipelago ji·om Mm1l'iti~s in 1965, A<lvismJ1 Opi11io11, 1.c_.J.
Repol'ls 20I 9 ("Chagos Advismy Opinio11"), p. 113, para, ~S; Wall Ad,·iso1y Opi~1011, p. 1_5~, para. 44; l111e,~1•111tm~n
of Peace Treaties with Bulgaria, Hungary and Roma111<1, Fir.vt Pliase, Adwsory Op1111011, J.C..!. Repmts /9.;0
(«[nterpl'clatio11 of Peace Treaties .4dvisory Opinion"), p. 71.
18 Clwgos Ad,•isory Opi11io11, p. 113, para. 65; W,ill A,Msor;v Opinion, p. 156, para. 44.
5
' , ::; .. ! W:¥ffl ?" pt d ; :z::.i.;:;;
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KINGDOM OF~AUDIARABIA
MINISTRY OF FOREIGN AFFAIRS
'1v1inister's Office
16. There are no "compelling reasons" fo1· the Cou11 to refrain from exercising its jurisdiction
in relation to the present request. To that point, and whether such a compelling reason exists on
the basis that the request is exclusively a contentious matter between two or more States, one of
which (Israel) has not consented to the request, it is clear that such an argument falls far short. This
is because the subject matter of this request for an advisory opinion cannot be regarded as only a
bilateral matter between Israel and Palestine.
17. First, the request is located in a much broader frame of reference, including the protection
of the self.. determination of peoples and the maintenance of intemational peace and security,
similar to the request which led lO the Wall Advi:w,y Opinion. In that case, the Court rejected
Israel's argument that it should use its discretion to refrain from exercising ju1isdiction on the
grounds that the request concerned a contentious matter belween Israel and Palestine, and that
Israel had not consented to bring the dispute in front of the Court. 19 The Court had already
explained that even when the questions submitted relate particularly to interested States, and those
States hold divergent views on the legal questions submitted, the subject matter is not necessarily
exclusively bilateraf.1<1 Moreover, as the Court has explained:
[E]ven where the Request for an Opinion relates to a legal question
actually pending between States ... no State, whether a Member of
the United Nations or not, can prevent the giving of an Advisory
Opinion which the United Nations considers to be desirable in order
to obtain enlightenment as to the course of action it should take. 21
18. The present request pulS questions before the Court which directly concern the United
Nations. In light of the powers and responsibilities of the United Nations in questions relating to
international peace and security, its role with respect to the Palestinian Mandate and the Partition
(:a,; __ _ ...,.....,,.,,, r..,....,.._........
~ W"II Ad1•is01y Opi11io11, p. 157, paras. 46, 47.
10 legal Consequences for Srate~· of the Comimtet~ Prese,'.ce of S~u!h Afril'" in N,:mibiu (~~11111 _fV_est Afl_·ic"!,
notwillu·umding Sec11ri~v Cmmcil Reso/11/wn Z76 (1970), Adv1.v01;v Op1111011, /.C.J. Repom 1971 ( Nan11bm Adviso, 1
Opi11io11 ''), p. 24, para. 34.
?i /nte,prel(Jt/011 of Peace Trcaries Adviso,y Opi11io11, p. 71.
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KINGDOM OF SAUDI ARABIA
MINISTRY Of FOREIGN AFFAJRS
'Minister's Ojfae
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ResolutionP and its objective to promote the respect of the right to self-determination of peoples
as set out in Article 1(2) of the U.N. Charter, the questions submitted in General Assembly
Resolution 77/247 clearly concern the United Nations. In particular, as the Court has already
highlighted in the Wall Ad,•iso,y Opinion, the General Assembly "[h]as 'a pennanent
responsibility towards the question of Palestine until the question is resolved in all its aspects in a
satisfactory manner in accordance with international legitimacy' ... u
19. Second, the request for an advisory opinion by its express tenns invites the Court to
detennine the legal obligations of other States and the United Nations.
20. Finally, the self-evident purpose of the request is to aid the General Assembly, including
its Special Political and Decolonization Committee (Fourth Committee), in its work on Palestine.
The obj<.-ct of this request is therefore to "guide the United Nations in respect of its own action•'24
by drawing its conclusions from the Court's determination of the legal consequences arising from
various aspects of Israel's occupation. The Court does not have to second-guess whether the
General Assembly needs the opinion for the performance of its functions. As it noted in the CIU1go,r,
Adviso,y Opinion, the Court cannot determine the "usefulness of its response to the requesting
organ."25
21. A further point to address is that, in the exercise of its discretion, the Court may also take
into consideration whether the factual evidence before it is sufficient to properly address the
request.26 The situation in the Occupied Palestinian Territory has been well documented and has
been the subject of careful attention from the General Assembly, the Security Council and other
U.N. organs and specialized agencies for many years. In addition, the Court has at its disposal
22 Wt1/l A,frisory Opinion, pp. 1S8-IS9, para. 49.
23 Id. (citing to U.N. General Assembly Resolution S7/107 {2002) (U.N. Dossier No. 417)).
24 Reserw11l011s 10 the Comren1io11 011 tl,e Pr<mmti,111 um/ Prmi.shme11t of the Crime ,if Ge11acicle. Advlmry Opinion,
/.C.J Reports 1951, p. 19.
zs Chagos Advll·o1y Opinion, p. llS, para. 76. See also Wall .Ad,,1$01:v O1'i11io11, p. 163, para. 62.
26 Western Scihal'u Advisory Opinio11, pp. 28-29, para, 46.
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KINGDOM OFSAuTIIARABIA
MINISTRY OF FOREIGN Aff AIRS
numerous recent repons of these U.N. organs, including those referenced in paragraphs 4 and 5
above and in the dossier of documents compiled by the U .N. Secretariat pursuant to Article 65(2)
of the Court's Statute, which give sufficient factual infonnation and evidence «to enable [the
Court] lo pronounce on legal questions.''27
22. Therefore, the Cou11 can exercise its advisory jurisdiction and should exercise it. Indeed,
given the role of the Court as the principal judicial organ of the United Nations and the fact that
the opinion requested relates to questions which are of acute concern to the United Nations, it has
compelling reasons to exercise its jurisdiction ~nd render the advisory opinion requested.
Ill. ISRAEL'S PROLONGED AND ILLEGAL OCCUPATION AND ITS DISDAIN
FOR THE INTERNATIONAL COMMUNITY'S CALLS FOR COMPLIANCE
23. The Israeli occupation of the Occupied Palestinian Territory, including East Jerusalem,
which began in June 1967, has now lasted more than five and a half decades. During that time,
Israel has established and expanded numerous settlements in that ten·itory in which, currently,
approximately 700,000 Israeli settlers reside.1i1 Other acts of de facto, and in the case of East
Jerusalem and its environs, de jure, annexation have been implemented by Israel throughout the
Occupied Palestinian Territory, including the construction of the separation wall, which the Court
has found to be in violation of various intemational law obligations, including Israel's obligation
to respect the right of the Palestinian people to self.detennination.39 Also during that span of time,
United Nations organs, including the Security Council, the General Assembly, the Court, the
27 Namihiu Arlvisory Opi11io11, p. 27, para 40.
11 See Human Rights Council, Report <Jf the U11itetl Nations High Commissio11er for H11ma11 Rights 011 fo·ae/i
Set1/eme111.v in the Occupied Palexti11irm Tel'ritury. incl11di11g Emu Jer11sllfem. tmd in tile occ11ple<I Syrian Golan, U.N.
Doc. A/HRC'46f65, IS February 2021. para. 13; U.N. General Assembly, Repol'I of1/u• Committee on tire Exercise of
the l11alie1wble Rights of the Palesrl11ia11 People, U.N. Doc. A/11135, I September 2022, para. 12 (U.N. Dossier
No. 483); Note by the Secretmy-Oeneral transmilling a report prepared by the fa:onomic and Social Commission for
Western Asia, Eco11omlc am/ social repcrc11ss/011s of the Israeli occupr1lio110111/1(' /il•i11g c011ditio11s of the Palesti11/m1
people i11 the Occupied Palest111io11 Territory. inc/11</ing E<1st Jerusalem ,md q/ tlie .An1b pop11lt1t/011 In the occupied
S.v,.ian Gola11, U.N. Doc. N77/90-F/2022166, 8 June 2022, para. 36 ("ESCWA June 2022 Report.,) (U.N. Dossier
.No. 147).
2~ Wall Advisory Opi,,io11, pp. 182-194, 199, paras. 118-137, 155.
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KINGDOM OF SAUDI ARABIA
MINISTRY OF FOREIGN AFFAIRS
'Minister's Off ice
Human Rights Council and others, have addressed both the prolonged and illegal nature of the
occupation. Israel's persistent wrongful conduct against the Palestinian population of the territory,
as well as the established rights under international law, including the right to self-determination.
which the Palestinian people have in and over that territory.lO
24. The request for an advisory opinion made under General Assembly Resolution 77/247 is
thus preceded by a history of close and careful attention by the United Nations and the international
community at large. Through the resolutions and actions of U.N. organs, authoritative
determinations have been reached on questions which relate to the request and which may assist
the Court in reaching its conclusions.
25. In order to contextualize the request for the advisory opinion now before the Court, it is
important to recall the breadth and scope of the determinations related to the request which are
now regarded by the international community as undeniable. These include, among others, the
following:
a. First, the existence and right of the Palestinian people to self-determination has been clearly
recognized by the international community and the United Nations,31 as well as by the Court
in the Wctll A<lviso,y Opinion, where the Court concluded that the construction of the
separation wall "along with measures taken previously, thus severely impedes the exercise by
the Palestinian people of its right to self-detennination, and is therefore a breach of Israel's
'° &e, ~.g., W,JI Advl.wry Opl11ro11, pp. 182- 194, paras. 118- 137; U.N. General Assembly Resolution 3236 (XXIX)
(1974), parali, 1·3 (U.N. Dossier No. 382); U.N. General Assembly Resolution ~81 163 (2003), para. 1 (U.N. Dossier
No. 362); U.N. General Assembly Resolution 771247 (2022), para. 6 (U.N. Dossier No. 3); U.N. Human Rights
Council Re~olution 49128 (1 April 2022), U.N. Doc. A/HRCIRES/49128, paras. I. 3. ~ ; U.N. Security Council
Resolution 446 ( 1979), para. I (U.N. Dossier No. 1261); U.N. Security Council Resolution 2334 (2016), paras, 1-4
(U.N. Dossitt No. 1372).
Ja Sec, e.g., U.N. General A~sembly Resolution 3236 (XXIX) ( 1974), para. I ("Reaffirms the inalienable rights of 1he
Palestinian people in Palestine, including: (a) The right to self-determination without ex1emal interferenc«:- (b) The
right to national independence and sovereignty") (U.N. Dossier No. 382); U. N. General Assembly Resolut10~ 33/24
(1978). para. 3 ("Rea/jinns the inalienable right of the . . . Palestinian people a~d of a_ll peopl~ under ahef! and
colonial domination 10 self-detennination, national independence, tenitorinl intcgnty, nattonal unity and sovereignty
without external interference") (U.N. Dossier No. 294); U.N. General As.~embly Resolution 581163 (2003), para. I
("Reaffirms the ri1ih1 of the Palestinian people to self-determination, including the right to their independenl State of
Palestine.") (U.N. Dossier No. 362).
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KINGDOM OF SAUDI ARABIA
MINISTRY Of FOREIGN AFFAIRS
·Mimster's O.ffiu
obligation to respect that 1ight.".'12 The Kingdom of Saudi Arabia considers that the recognized
and established right of the Palestinian people to self~detennination--... ,,which is of ajus cogen.f
character and generating obligations ergct omnes- is at the core of the questions presented to
the Coun.33
b. Second. in light of the jus cogens and erga onme..; character of the right of the Palestinian
people to self-detennination, all States, including Israel, are obligated not to impose any
impediment to the exercise of the Palestinian people of that right, and to see to it that any
impediment in the exercise of the Palestinian people of that right which may exist is brought
to an end.34 As noted in paragraph 23, .mpra, Israel has been found to be in flagrant violation
of this obligation, including by the Court in the Wall Advi.w,;v Opi11io11.
c. Third, the territory comprising the Occupied Palestinian Territory, including East Jerusalem,
constitutes territory occupied by lsrael through the use of force; Israel is considered as the
Occupying Power throughout that territory under international humanitarian law; and the 1949
Geneva Convention Relative to the Protection of Civilian Persons in Time of War ( .. Fourth
Geneva Convention") is applicable in that territory.35 The U.N. Security Council, the General
Assembly, and the Court have all found Israel's acts and conduct in the Occupied Palestinian
" Wall Ad1•i.ro1:v Opi11io11, p. 184, para. I 22.
JJ Easr 7imor (Portugal,~ AuMrali/4), J11dgme111. /.C.J Repo,1s 1995 ("F.,w 1imor" ), p. 102, para. 29 (''In the Court's
view, Por1ugal's assertion lhat the right of peoples to self-delermination, a,; it evolved from the Charter and from
United Nations practice, ha11 an erg" onmes character, is irreproachable. The principle of self-determination of peoples
has been recognized by the Uni1ed Nations Charter and in the jurisprudence of the Court (see [Namibit1 Ad,•i.sory
Opi11ion], pp. 31-32, paras. S2-S3; {Westem Sahara A,Msory Opinio11}, pp. 31·33, paras. 5+59); ii i~ one of the
essential principles of con1empora1y international law."); Wllll A,fris01y Opi11iu11, pp. 199-200, paras. I SS, I S9;
C/,agos Adl'l.rory Opi11io11, p. 139, para. 180; International Law Commission. Articles on Responsibilicy of States for
lntemationally Wrongful Acts with commentaries (200 I), in Report of the /,uer,l(ltio11al Law Commlss/011 011 the Work
of Its F,fl.v, Thii'd Sessio11 (200 I). document A/56110, reproduced in /LC Yearh,10k 2001, Vol. 11(2) ("Commenta1ies
to ILC Articles on Stace Responsibili1y"), Commentary to Article 26, para. S ("Those peremptory nom1s that are
clearly accepted and recognized include . .. the right to seff•detennina1ion. "),
k Wall .4d,•isor:v Opi11io11, p. 200, para. 159.
JS See, e.g., U.N. Securicy Council Resolution 242 (1967) (U.N. Dossier No. 1245); U.N. Securily Council Resolution
446 (1979) (U.N. Dossier No. IZ62); U.N. Security Council Resolution 2334 (2016) (U.N. Dossier No. 1372). See
tllto Wall Adviso,;i• Opi11io1t pp. 167, 175-177, paras, 78, 96-101; Geneva Convention Relative to the Protection of
Civilian Persons in Time of War ("Fourth Geneva Convention"), 12 August 1949, 75 UNTS 287. •
10
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Territory to be in gross violation of Israel's obligations under the Fourth Geneva Convention
and other international humanitarian law nonns.J6
d. Fourth, international human rights norms by which Israel is bound are fully applicable
throughout the Occupied Palestinian Territory, and as a consequence Israel's conduct in
violation of those nonns in the Occupied Palestinian Territory leads to its international
responsibility. As discussed in more detail, infra, Israel has committed egregious violations
of such international human rights rules, including in relation to the rights of women and
children, as well as by imposing through its policies and practices a system tantamount to
ap,mhei<I throughout the Occupied Palestinian Territory.11
e. .Eitlh, Israel's occupation of the Occupied Palestinian Territory for more than S6 years, its
establishment of settlements in those territories and the transfer of its civilian population to
reside in those settlements, the construction of the separation wall and infrastructure
suppo11ing those settlements, and other actions detrimental lo the Palestinian population have
been recognized not only as flagrant violations in and of themselves of Israel's obligations
under international humanitarian law and international human rights law, but also as
amounting to a violation of its obligation not to impede the exercise of the right of the
u See, e.g., U.N. Security Council Resolution 2334 (2016), Preamble ("Co11dem11ing all mea.'iurcs aimed at altering
the demographic con,position, character and status of the Palestinian Territory occupied since 1967, including Ea.~t
Jerusalem, including, inrer ulia, the construction and expansion of settlements, transfer of Israeli settlers, confii.ca1io11
ofland, demolition of homes and displacement of Palestinian civilians, in violation of international humanitarian law
and relevant resolution.,;") (U.N. Dossier No. 1372); itf., para. 7; U.N. General Assembly Resolution 77i'l26 (2022),
Preamble ("CMdemnlng scttlmlCflt activities by Israel, the occupying Power, in the Occupied Palestinian "f erritory,
including East Jerusalem, as violations of international humanitarian law, relevant United Nations re.~olutions, the
agreements reached between the parties and obligations under the Quartet road map and as actions in defiance of the
calls by the international community to cease all settlement activities") (U.N. Dossier No. 36); id., para. 14; Wall
A,Msory Opinio11, pp. 193-194, para. 137.
n See, e.g., U.N. Human Rights Council, Report 0/1/te Special RC1ppor1eur 011 the Si111atio11 of H11man Rights in the
Palesti11inn Territories Occ11pied Since 196'l. Michael Ly11k, U.N. Doc. AIHRC/49187, 21 March 2022, paras. 35-56;
United Nations General Assembly, Report of tl,e Special Rappotte11r 011 the sit11atio11 of h11m<111 rights i11 the
Pulcstinia111errltoriru occupied since 1967, Fruncesca Alb,mese, U.N. Doc. Af17/3S6, 21 September 2022, para. 74.
See also ilifra, paras. 67• 73.
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Palestinian people to self.detennination.38 Israel's settlement policy has been repeatedly
condemned, and Israel's establishment of settlements in any part of the Occupied Palestinian
Tenitory has been declared of"no legal validity" and in "flagrant violation under international
law" by the U.N. Security Council,J'I and in breach of international law by the Court in the
2004 W,tll Adviso,y Opinion.411
f. .sil.th. Israel's enactment of the "Basic Law: Jerusalem, Capital of Israel" in July 1980, which
purported to alter the legal character and status of the Holy City of Jerusalem through a formal
act of annexation, was condemned as null and void by the U.N. Security Council through,
among otherS; Resolutions 476 (1980)41 and 478 (1980).42 Israel has made no attempt to
rescind that legislation or otherwise refrain from undertaking policies and practices in
Jerusalem that violate its obligations under international law, including the customary rule
against the acquisition of tenitory by fol'Ce. On the contrary, it has taken numerous further
~& Wall AcMsor;v Opi11io11, pp. 182· 194, 199, pora.~. 118-137, I SS. SeettLfo, e.g., Second Report, para. 77; U. N. Security
Council R~wlution 446 (1979). para.'-. I, 3 (U.N. Dossier No. 1262): U.N. Security Council Resolution 452 (1979),
Preamble, para. 3 (U.N. Dossier No. 1264): U.N. Security Council Rc.~olution 465 (1980), para. 5 (U,N, Dossier
No. 1267); U.N. Security Council Resolution 2334 (2016), paras. 1-4 (U.N. Dossier No. 1372); U.N. General
Assembly Resolution 3236 (XXIX) ( 1974), para. I (U.N. Dossier No. 382) .
• l9 U.N. Security Council Resolution 2334 (2016), para. I (U.N. Dossier No. 1372), Sec also U.N. Security Council
Resolution 446 (1979), para. I (U.N. Dossier No. 1262); U.N. Security Council Resolution 465 (1980), paras. 5.7
(U.N. Dossier No. 1267); U.N. Human Rights Council, R~port of tire /11depe11,lenr l111'm1utio1wl FC1ct-Fi11di11g MisM011
to /11vcstigaJe the lmp/icatio11s of lmwli .ttllleme11M 011 tht cit'il, politicttl, economic. social. tmtl cultural rigl1ts <?f 11,e
Paltsti11ic111 pec,ple thn111gl10111 the Ocwpie,I P'1lesti11iu11 Territory, illc/udi11g Eust J/lrusalem, U.N. Doc.
NHRC/22/63, 7 February 2013, para. 38.
-0 Wall Advisory Opinion, pp. 183-184, para. 120.
41 U.N. Security Council Resulution476 (1980). para. 3 ("Rtco11flrms that all legislative and administrative measures
and actio~ taken by Israel, the occupying Power, which purport to alter the character and status of the Holy City of
Jerusalem have no legal validity and constitute a flagrant violation of the (fourth} Geneva Convention relative to the
Protection of Civilian Persons in Time of War") (U.N. Dossier No. 1273). See t1/so U.N. Security Council Resolution
252 (1968), parn. 2 (U.N. Dossier No. 1247); U.N. Security Council Resolution 267 (1969), paras. 3, 4 (U.N. Dossier
No. 1253); U.N. Security Council Resolution 298 (1971), para. 3 (U.N. Dossier No. 1257).
41 U.N, Security Council Resolution 478 (1980), para. 3 ("Determines that all legislal.ive and administrative measures
and actions taken by Israel, lhe occupying Power, which have altered or purport to alter the character and i,tatus of the
Holy City of Jerusalem, a.nd in particular the recent ' basic law' on Jesusalem, arc null and void and must be rescinded
forthwith.") (U,N. Dossier No. 1274). See also U.N. General Assembly Resolu1io11 36'120 (1981) (D), para. 6~ (E),
para. 3 (U.N. Dossier No. 389).
12
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measures during the last more than four decades since the legislation was enacted to solidify
its control and annexation of East Jerusalem. including the construction of Israeli settlements
and the expulsion of members of the Palestinian population, as well as other acts in gross
violation of international humanitarian law and international human rights law.41
26. Since the very commencement of the occupation in June 1967, the U.N. Security Council
and the U.N. General Assembly have adopted repeated resolutions with clear pronouncements and
admonitions to Israel concerning its duty to comply with its international obligations in relation to
the <xcupied Palestinian Territory, including East Jerusalem, most particularly in relation to the
establishment of Israeli settlements and the transfer of Israeli citizens to live in those settlements,
seizures of land and properties, displacement of the Palestinian population, and other changes to
the legal status or demographic composition of the Occupied Palestinian Territory. Thus, both
U.N. organs have repeatedly clarified the scope of Israel's international obligations in connection
with that territory and its Palestinian population, and declared that the policies and practices of
Israel in the Occupied Palestinian Territory, including East Jerusalem, which are in violation of
such obligations are invalid and that Israel must rescind those measures. The following is a
selection of the unambiguous language employed by those U.N. organs over the course of the last
56 years when addressing Israel's obligations and violations thereof:
• The Security Council "{~]mphasi!ing the inadmissibility of the acquisition of
territory by war," and "affirm{ingj that the fulfilment of Charter principles
requires ... (i) Withdrawal of Israel anned forces from territories occupied in the
recent conflict; (ii) Tennination or all claims or :itates of belligerency and respect
for and acknowledgement of the sovereignty, territorial integrity and political
u See. a,g., Second Report, para. IS. For example, the Independent Commission explains that: ''An outer layer of
settlements, beyond the municipal boundaries of Jerusalem, has also contributed to severing the geographical
contiguity between East Jerusalem nnd the re.11t of the occupied West Bank. This include~ the plan for the Et _area in
eastern Jerusalem (outside the municipal boundary), intended to reinforce the settlements m the Ma'ale Adunum area
and connect them with Jerusalem, which would divide the West Bank into two separate entities." Id. Set also infra,
§ IV.0.
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independence of every State in the area and their right to live in peace within secure
and recognized boundaries free from threats or acts of force. "44
• The Security Council "[c]o11siders that all legislative and administrative measures
and actions taken by Israel, including expropriation of land and properties thereon,
which tend to change the legal status of Je1usalem are invalid and cannot change
that status.''°'~
• The Security Council "[c]onfirms in the clearest possible terms that all legislative
and administrative actions taken by Israel to change the status of the City of
Jerusalem, including expropriation of land and properties, transfer of populations
and legislation aimed at the incorporation oflhe occupied section, an~ totally invalid
and cannot change that status" and "calls upon Israel to rescind all previous
measures and actions and to take no further steps in the occupied section of
Jerusalem which may purport to change the status of the City or which would
prejudice the rights of the inhabitants and the interests of the international
community.''°'6
• The Security Council "[c]al/s 011ct more upon Israel, as the occupying Power, to
abide scrupulously by the Geneva Convention relative to the Protection of Civilian
Persons in Time of War, of 12 August 1949, to rescind its previous measures and
to desist from taking any action which would result in changing the legal status and
geographical nature and materially affecting the demographic composition of the
Arab territories occupied since 1967, including Jerusalem, and, in particular, not to
transfer parts of its own civilian population into the occupied Arab terTitories."41
• The Security Council ••td]etcrmi11e..r; that all measures taken by Israel to change the
physical character, demographic composition, institutional structure or status of the
Palestinian and other Arab territories occupied since 1967, including Jerusalem, or
any part thereof, have no legal validity and that Israel's policy and practices of
settling parts of its population and new immigrants in those territories constitute a
flagrant violation of the Geneva Convention relative to the Protection of Civilian
Persons in Time of War," "[s] trongly deplores the continuation and persistence of
Israel in pursuing those policies and practices and calls upon the Government and
44 U.N. Security Council Re.~olution 242 (1967), Preamble, para. 1 (U.N. Dossier No. 1245),
4s U.N. Security Council Re$Olution 252 (1968), pam. 2 (U.N. Dossier No. 1247), See also U.N. Security Council
Resolution 267 (1969), para. 2 (U.N. Dossier No. 1253),
46 U.N. Security Council Resolution 298 (1911 ), paras. l-4 (U.N. Dossier No. 1257).
4' U.N. Security Council Resolution 446 ( 1979), para. 3 (U.N. Dossier No. 1262}.
14
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KINGDOM Of SAUDI ARABIA \ :v ''\ Ji I
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people of lsn1el to rescind those measures, to dismantle the existing settlements and
in particular to cease, on an urgent basis, the establishment, construction and
planning of settlements in the Arab tenitories occupied since 1967, including
Jerusalem," and "[c]all~ upon all States not to provide Israel with any assistance to
be used specifically in connection with settlements in the occupied territories.'148
• The Security Council "[rjeco1!/irm.~ that all legislative and administrative measures
and actions taken by Israel, the occupying Power, which purport to alter the
character and status of the Holy City of Jerusalem ... are null and void and must
be rescinded. •>49
, The Security Council "[d]elermine.~ that all legislative and administrative measures
and actions taken by Israel, the occupying Power, which have altered or purport to
alter the character and status of the Holy City of Jerusalem, and in pru1icular the
recent 'basic law' on Jerusalem, are null and void and must be rescinded forthwith,"
and ''[d}ecide.r not to recognize the 'basic law' and such other actions by Jsrael that,
as a result of this law, seek to alter the character and status of Jerusalem and calls
upon: (a) All Member States to accept this decision; (b) Those States that have
established diplomatic missions at Jerusalem to withdraw such missions from the
Holy City. "50
• The Security Council "[r]eilf/irms that the establishment by Israel of settlements in
the Palestinian territory occupied since 1967, including East Jerusalem, has no legal
validity and constitutes a flagrant violation under international law."s,
• The Security Council "[r] eitemles its demand that Israel must immediately and
completely cease all settlement activities in the occupied Palestinian territory,
~ U.N. Security Council Resolution 465 ( 1980), paras. 5-7 (U.N. Dossier No. 1267).
40 U.N. Security Council Rc.~olution 476 {1980), para.~. 3-4 (U,N, Dossier No.1273). Scuahm, -C,R,, U.N. General
Assembly Resolution 71/25 (2016), para. I (U.N. Dossier No. 63S).
¥.J U.N. Security Coundl Resolution 478 (1980), paras. 3, 5 (U.N. Dossier No.1274), See al.Jo. e.g .. U.N. General
Assembly Resolution 76/12 (2021), para. I (U.N. Dossier No. 638).
s, U.N. Security Council Resolution 2334 (2016), pora. I (U.N. Dossier No. 1372). See also U.N. Security Council
Resolution 446 (I 979), paras. I, 3 (U.N. Dossier No. 1262); U.N. Security Council Resolution 452 { 1979), Preamble,
para. 3; U.N. Se.curity Council Resolution465 (1980), para. 5 (U.N. Dossier No. 1267); U.N. Security Council, Report
ofth11 f). N. Secretmy Gc11eml: lmpleme111atiot1 of Security Co11n:il Re10l11tion Z3J,f (20/6), U.N. Doc. S/20221945,
14 December 2022, para. 68 (U.N. Dossier No. 1399); U.N. General Assembly Resolution 75122 (2020), Preamble,
para. 13 (U.N. Dossier No. 514); Declaration adopted by the Conference of High Contracting Parties to the Fourth
Geneva Convention (2001 ), para. 12; Declaration adopted by the Conference of High Contracting Parties to the Fourth
Geneva Convention (2014), para. 8.
15
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including East Jerusalem and that it fully respect all of its legal obligations in this
regard."52
• The Security Council "fu]11derli11es that it will not recognize any changes to the 4
June 1967 lines, including with regard to Jerusalem, other than those agreed by the
parties through negotiations" and "[s]tresses that the cessation of all Israeli
settlement activities is essential for salvaging the two-State solution."·u
• The General Assembly "[c]a/l,; 11pun Israel, the occupying Power ... to cease all
of its measures that arc contrary to international law, including all unilateral actions
in the Occupied Palestinian Territory, including East Jerusalem, that are aimed at
altering the demographic composition, character and status of the Territory, and
thus al prejudging the final outcome of peace negotiations, and recalls in this regard
the principle of the inadmissibility of the acquisition of land by force and therefore
the illegality of the annexation of any part of the Occupied Palestinian Territory,
including East Jerusalem, which constitutes a breach of international law,
undennines the viability of the two-State solution and challenges the prospects for
the achievement of a peaceful settlement and of just, lasting and comprehensive
peace," "{s]tre.vses the need, in particular, for an immediate halt to all settlement
activities, land confiscation and home demolitions," and "slre.vsc.i the need for
respect for and preservation of the territorial unity, contiguity and integrity of all
the Occupied Palestinian Territol'y, including East Jerusalem."54
27. Despite the repeated condemnations of Israel's occupation and associated conduct by these
U.N. organs spanning over five and a half decades, as well as their admonitions to Israel to bring
its conduct into compliance with international law, and notwithstanding the Court's 2004 Wall
Adviso,y Opinion, over the past almost 20 years since that Advisory Opinion was issued, Israel
has systematically ignored and defied the warnings that its conduct constitutes an egregious
violation of its international law obligations. It has done so by continuing to build the separation
wal~ to establish and expand settlements in the Occupied Palestinian Territory and by taking
- ---- - "~ - ·-
l2 U.N. Security Council Resolution 2334 (2016), para. 2 (U.N. Dossier No.1372).
u U.N. Security Council Resolution 2334 (2016), paras. 3•4 (U,N. Dossier No. 1372).
u U.N. General Assembly Resolution ?Si22 (2020), paras. 6-8 (U.N. Dossier No. 514).
16
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KINGDOM OF ~AUDI ARABIA ~
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numerous other measures which are tantamount to de.fi,cto annexation of the Occupied Palestinian
Territory, including East Jerusalem, a situation already anticipated by the Court.ss
28. As further developed below, numerous measures carried out by Israel in the Occupied
Palestinian Territory are not only in grave violation of its inteinational obligations on their face,
but at the same time they serve to systematically and severely impede the Palestinian people's
established right to self-detennination.~tt This is, in fact, the inevitable consequence of a settlement
policy which, much like a colonial practice, is earned out in the very territory in which the
Palestinian population lives and enjoys the right to self•detennination, resulting in their
displacement and seizure of their land, properties and resources to make way for Isl"<teli settlers.
29. Moreover, and alanningly, the policies and practices pursued by Israel in the Occupied
Palestinian Territory have resulted in the imposition of a system of segregation and racial
discrimination tantamount to ({parllieid contrary to Israel's obl~ations under the Convention on
the Elimination of All Frnms of Racial Discrimination ("CERD"). )I As documented by several
U.N. human rights mandate holders, the reality of this apartheid system can no longer be seriously
doubted. ss In broad terms, it is achieved by Israel seizing land and resources in the Occupied
ss See Wet// Acfriwry Opi11io11, p. 184, para. 121 (''(T)he construction of the wall and its ass0<:iated regime create a
'fait accompli' on the ground that could well become permanent, in which case, and notwithstanding the fonnal
characterization of the wall by Israel. it would be tantamount to ,le.f,1c-1Q annexation.").
s;, See i,ifi·a, paras. 42-49.
~1 lntemational Convention on the Elimination of All Formi. of Racial Di!\crimination, 4 January 1969, 660 UNTS 195
("CERD"), Preamble, Article 1(1). Article 2(1), Article 3 and Article 5.
S# Sce, .e.g., U.N. Human Rights Council, Repol'I of the Special Rapporw11r 011 1l1t! Sirua11011 of Hm11cm Rights i11 t'1c
Palestini,m Tcrritr,l'if!s Oc-eupie-d Si11ce /967, Micht1el Lynk. U.N. Doc. A/HRO49/87, 21 March 2022, paras. 35-56
(concluding that Israeli praclices and policies over the Occupied Pale.'ltinian Tenitory "satisf(y] the prevailing
evidentiary standard for the existence of apartheid."); U.N. Economic and Social Commission for Westem Asia,
Resolution 3 J 6 (XXVIII) ( 18 September 2014 ), para. 5 ("Co1ttlemns the practices and policies of the Israeli occupation
in the Occupied Palestinian Territory, which amount to apanheid, cause a continuous deterioration of their eco~mic
and social condition.'! and violate the collecuve and individual righL~ of the Palestinian people."); U.N. Human Rights
Council, Report of the Special Roppol'te111• 011 the Sittwtion Qf l!unum RigJ11s fo the Pt1leslit1ifm Terl'itories Occ11pietl
Sillce J 967, Richtll'd Falk, U.N. Doc. /VHR0'25!67, January 2014, pants, 51-78 (considering the policies and practices
of Israel in the Occupied Palestinian Terrilory in light of the prohibition on segregation and apartheid). See also i11.fra,
paras.67-73.
17
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KINGDOM OF ~AUDI ARAB~
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Palestinian Territory for the exclusive use and enjoyment of Israeli settlements and settlers while
limiting, through the restrictive and discriminatory application of laws and regulations, as well as
military control, the right of Palestinians to exercise fundamental freedoms and social and
economic rights in those same areas and to live nonnal lives.59
30. The prohibition against racial discrimination generally and the prohibition of apartll<!id in
particular are also jus cogem norms generating erga onmcs obligations. 60 Through its policies and
practices in the Occupied Palestinian Territory, [srael is in grave violation of those obligations.61
31. The questions by the General Assembly in Resolution 77/247 request the Court not only 10
assess the legal consequences arising from the policies and practices of Israel in the Occupied
Palestinian Territory, but also to opine on how those policies and practices affect the legal status
of the occupation. As the Kingdom of Saudi Arabia will further elaborate in Section IV of this
written statement, the policies and practices of Israel in the Occupied Palestinian Territory in
violation of peremptmy norms of international law, including the right to seJt:determination,
fundamental principles of international humanitarian law and the prohibition against racial
discrimination and segregation, have rendered Israel's prolonged occupation of the Occupied
Palestinian Territory illegal under international law.
32. The illegality of Israel's prolonged occupation undet" such multiple grounds and the
international responsibility it therefore incurs can only be remedied, and Israel brought into
compliance with its international obligations, by its unconditional withdrawal from the Occupied
Palestinian Territory, including East Jerusalem, the dismantling of the separation wall where it
encroaches on the Occupied Palestinian Territory, the removal oflsraeli settlers from the Occupied
~~ See ii,frn, paras, 67-73 (referring to the Independent Commission's Report.'! recording these practices).
60 See Commentarie:; to lLC Article<! on State Re-'>1)onsibility, Commentary to Article 26, para. 5; Commentary to
Article 40, para. 4; Bal'cc/ona 1h,crim1, l.ig'1t ,md Power Comp<11tY, Limiwd (Belgium v. Spt1i11) (Second Phase).
Judgme11t, LC.J Reports /970 ("BarC(!/01.a T1'C1ction"), paras. 33-34. See also Namibia ltd1•isory Opinio11, p. 57,
paras. 130-13 I (describing the policy of aparel1eid as applied by South Africa).
61 See i11fm, paras, 67-73.
18
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KINGDOM OF ~AUDI ARABIA
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Palestinian Tenitory, including East Jerusalem, the repeal of all legal and administrative measures
in furtherance of the illegal occupation, and Israel's full reparation for the injury caused to the
State of Palestine and its inhabitants over the length of Israel's illegal occupation.
33. As the Court held in the Wall Adl•ismy Opinion, as a consequence of the "character and
the importance of the rights and obligations involved," all States have "an obligalion not to
recognize the illegal situation," nor "to render aid or assistance in maintaining [the illegal situation
and] to see to it that any impediment, resulting [from the illegal situation], to the exercise by the
Palestinian people of its right to self-dete,mination is brought to an end. "62
34. Israel's illegal occupation and defiance of resolutions by U.N. organs with respect to the
Occupied Palestinian Territory undermines the authority of the tJ .N. and should lead it and its
Member States to redouble their efforts to require Israel, in the interests of the maintenance of
international peace and security and compliance with international law, to unconditionally end its
occupation and right the wrongs of its illegal conduct.
IV. ISRAEL'S POLICIES AND PRACTICES IN THE OCCUPIED PALESTINIAN
TERRITORY IN BREACH OF PEREMPTORY NORMS OF GENERAL
INTERNATIONAL LAW RENDER THE OCCUPATION ILLEGAL UNDER
INTERNATIONAL LAW
35. The formulation of the questions by the General Assembly in Resolution 771247, building
on the Wall Adviso1:v Opinion, quite correctly considers that the policies and practices of Israel in
the Occupied Palestinian Territory constitute an "ongoing violation by Israel of the right of the
Palestinian people to self-detennination.'r<l3 Nevertheless, answering the questions posed by the
General Assembly similarly requires an assessmept of whether the specific policies and practices
of Israel mentioned or alluded to in the questions are in breach of this and other relevant rules and
principles of international law, including those mentioned in paragraph 18 of Resolution 771247,
r.t Wall A,Msm:v Op111imi, p. 200, para. 159. See t1lso Namibiti Advlso1y Opillio11, pp. 55-56, paras. 123-126.
<,~ U.N. General Assembly Resolution 77i247 (2022), para. 18 (U.N, Dossier No. 3).
19
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KINGDOM OF SAUDI ARABIA
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and a ~etennination of the legal consequences arising from those ongoing violations.64 The second
question by the General Assembly also asks how the policies and practices of Israel in the
Occupied Palestinian Territory affect the legal status of the occupation and for a detetmination of
the legal consequences for all States and the United Nations arising from this status.
36. As the Kingdom of Saudi Arabia stated in its written submissions in the Wall At/\iismy
Opinion, Israel's occupation of the Occupied Palestinian Te1Titory has always been illegal under
international law as it was rhe result of the use of force in violation of Article 2.4 of the U.N.
Charter and customary international law prohibiting the acquisition of territory through the use of
force.65
37. In the Wall Advi.vmy Opinion, the Court described the obligations violated by Israel with
respect to the construction of the wall as obligations ergo om11es, including "the obligation to
respect the right of the Pal~tinian people to self-determination" and "obligations under
international humanitarian law.•161'1 The Court also explained that, as a consequence of the
"character and the importance of the rights and obligations involved," particular consequences
ensue to all States, including the obligation of all States "not to recognize the illegal situation" nor
''to render aid or assistance in maintaining" the illegal situation, and to "see to it that any
impediment, resulting from the construction of the wall, to the exercise by the Palestinian people
of its right to self-detennination is brought to an end. ''°7
38. Over the past almost 20 years since the Wall Adviso,y Opinion was issued, Israel has
ignored the Court's opinion, not only by continuing to build and maintain the wall, but also by
continuing the policies and practices described in this Section which further violate the right of the
Palestinian people to self-detennination, are tantamount to de f"cto annexation, violate
o• 1d.
,s Wall Ad,•isory Opinio11, Written Statement of the Kingdom of Saudi Arabia, dated 30 January 2004, para. 11.
16 Wall Advisory Opinion, p. 199, pare. ISS.
&, /d., p. 200, para. I 59. See aLm Namibia Adviso,y Op/11io11, pp. 55-56, paras. 123-126.
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KINGDOM OF SAUDI ARABIA
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fundamental rules and principles of international humanitarian law and amount to racial
discrimination and segregation. These policies and practices of Israel in violation of these ju.s
coge,1~ norms have rendered the occupation, viewed in its entirety, as egregiously illegal. As noted
in paragraph 37, supra, under international law particular legal consequences are attached to
violations of ju~ coge11s nonns, and such consequences should therefore apply in addressing
Israel's occupation.68
39. The reported violations of Israel's intemational law obligations since the Wall Adv;so,y
Opi11io11 was issued have continued to be the subject of resolutions by several United Nations
organs and specialized agencies, which Jsrael has also ignored. These include, among others,
Security Council Resolution 2334 (2016), General Assembly Resolutions 66/17 (201 I), 66/146
(2011 ), 75/22 (2020) and 771247 (2022). and Human Rights Council Resolution S-30/1 (2021 ).69
40. By Resolution S-30/1 dated 21 May 2021, the United Nations Human Rights Council also
established the Independent Commission, whose mandate was "to investigate in the Occupied
Palestinian Territory, including East Jerusalem, and in Israel all alleged violations of international
humanitarian law and all alleged violations and abuses of international human rights law leading
up to and since 13 April 2021 and all underlying root causes of recurrent tensions, instability and
protraction of conflict, including systematic discrimination and repression based on national,
ethnic, racial or religious identity."70
lilt Se~ i11/ra, paras. 80·82 (citing to Wall Ad1fa11y Opi11io11, pp. 199-200, para'i. 154-159; International Law
Commission, Articles on Responsibility of States for Internationally Wrongful Acts (200 I), in Rcpor1 of tl,e
/11tert1atio11al Law Commi.v:,ion on the Work of Its F!/~1rThird Session (2001), document NS&'IO, Chapter V,
reproduced in /LC YMrhooi 2001, Vol. 11(2) ("ILC Articles on State Responsibility''), Articles 40 and 41).
(fl U.N. Security Council Resolution 2334 (2016) (U,N. Dossier No. 137?); U.N. General Assembly Resolution 66117
(2011) (U.N. Douler No. SOS); U,N, General As~embly Resolution 661146 (2011) (U.N. Dossier No. 370); U.N.
General Assembly Resolution 75122 (2020) {U.N. Dossier No. 514}; U.N. General Assembly Resolution 771241
(2022) (U.N. Dossier No,3); U.N. Human Rights Council Resolution S-JOil (27 May 2021), U.N. Doc.
A/HRCIRESIS-30.lt.
'lll U.N. Human Rights Council Resolution S-30/1 (27 May 2021). U.N. Doc. NHRCfRESIS-30/ 1, para. I.
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KINGDOM OF ~AUDI ARABIA
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41. As noted in paragraph 4 above, the Independent Commission has so far issued three
separate reports describing the results of its investigation: the First Report dated 9 May 2022, the
Second Report dated 14 September 2022 and the Third Report dated 9 May 2023. As discussed
below, the Reports detail a plethora of actions taken by Israel in the Occupied Palestinian Te1Titory>
including East Jerusalem, in respect of Palestinian land and against the Palestinian people that
constitute severe and ongoing violalions of its international law obligations. The findings of some
of the hundreds of additional exhaustive studies by U.N. human rights mandate holders and by
several U.N. specialized agencies and bodies with geographical mandate in the Occupied
Palestinian Territory, which will also be referred to in this section, have reached similar
conclusions.71
A. The Policies and Practices of Israel Referred to in the Questions Posed by the Genel'al
Assembly Constitute a Systemntie Denial of the Palestinian People's Right to
Self-Determination
42. The principle of self-detennination of peoples enshrined in Articles 1 (2), 55 and 56 of the
U.N. Charter has been reaffirmed by the General Assembly in key resolutions, including
Resolutions 1514 (XV)12 and 2625 (XXV).13 The customary international law right to
self-determination includes the right of all peoples to .. freely determine their political status and
freely pursue their economic, social and cultural development" without external interference and
to the "integrity of their national tenitory."14
71 Supra, n. 7.
72 U.N. General A~~embly Resolution 1514 (XV) ( 1960), paras. I •2, 4,
13 U.N. General Assembly Rcirolution 2625 (XXV)(l970), Annex,
14 U.N. General Assembly Resolution 1514 (XV) {1960), para.-.. 2. 4, 7, See also U.N. General Assentbly Resolution
33124 ( 1978) para. 3 ("lwafjinn{i11gj the inalienable right of the .. . Palestinian people and of all peoples under alien
and colonial domination to self-detennination, national independence., tenitorial integrity, national unity and
sovereignty without external interference") (U.N. Dossier No. 294); U.N. General Assembly Resolution 36'120
(1981) (D), para. 2 (U.N. Dossier No. 389).
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KINGDOM OF ~AUDI ARABIA
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)}
43. The jus c<Jge11s and ,erga onmes character of the right of peoples to self-determination has
been confinned by the Court in its jurisprudencen and by the International Law Commission.7°
The Com1 has also confiimed that Israel is obligated to respect the Palestinian people's right to
self-detennination under international law, and that Israel has taken various actions which violate
its obligation to do so.77
44. In its written statement in the Wall Advisory Opi11io11 proceedings, the Kingdom of Saudi
Arabia warned that, should the separation wall stand, it would "make a mockery of the efforts of
the international community'' to ensure the exel'cise of the Palestinian people's ri~ht to selfdetennination
on their own te1Titory. 71!
45. The recognized and established right of the Palestinian people to self:.determination
continues to be at the core of the questions presented to the Court. Israel's actions since the Wall
Adviso,y Opinion in 2004 have continued to undennine the international community's efforts to
ensure that the Palestinian people are able to exercise their right to self-determination in the
Occupied Palestinian Territory, by creating a fail accompli which makes a negotiated solution
leading to Palestinian self~determination in that territory unviable if not impossible in the absence
of the reversal of such actions. There can be no doubt that an independent and viable Palestinian
State is incompatible with the de/act<> reality Israel has created, and continues to pursue, on the
ground in the Occupied Palestinian Ten·itory.
1S East Timm·, p. 102, para. 29 ("In the Coun • s view, Portugal's assertion that the 1ight of peoples to self-detenninalion,
as it evolved from the Chatter and from United Nations practice, has an el'gu onmes character, is irreproachable. The
principle of self-detennination of peoples has been recognized by the United Nations Charter and in the jurisprudence
of the Court (see [Numibi" Ad\•ismy Opi11io11}, pp. 31-32, paras. 52-53; [We.mmi Sahm'll AeMsury Opi11io11J, pp. 31 •
33, paras. 54-59}; it is one of the essential principles of contemporary international law.''); Wttll AtM,mry OJ1i11io11,
pp. 199-200, paras. 155, 159; Chogos Adviso,.y Opinion, p. 139, para. 180.
16 See Commentaries to ILC Articles on State Responsibility, Commentary to Article 26, para. 5; Commentary to
Article 40, para. 5.
11 Wall Adi>iso,;v Opillion, pp, 184, 197, 199, paras. 122, 149, 155.
n Waif Ad\·iso,y Opinion, Written Statement by the Kingdom of Saudi Arabia, dated 30 January 2004, para. 24.
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46. The policies and practices of Israel referred to in the questions from the General Assembly,
including prolonged and oppressive occupation of more than five decades, resulting in the
acquisition of territory by force through anne,cing some parts of territory de Jure and others de
facto and by the seizing of land and resources for Israeli settlements, have served to systematically
deprive the Palestinian people of their right to self-detennination in clear violation of fundamental
nonns of international law, and constitute evidence of Israel's colonization purposes.
47. As one example of this unlawful conduct, the Second Report describes how Israel has
"sever[ed] the geographical contiguity between East Jerusalem and the rest of the occupied West
Bank" by building settlements beyond the boundaries of Jerusalcm.79 Like the separation wall, this
conduct is aimed at putting an end to the possibility of a two~Stnte solution by substantially
modifying the boundaries and characteristics of the Occupied Palestinian Territory "to confonn to
the point of view of only one party to the negotiations. making a mutually acceptable result
impossible to achieve."80
48. Israel's Basic Law of 2018 entitled .. lsrael as the Nation-State of the Jewish People"
constitutes a further violation of the Palestinian people's right to self-detennination. Under this
law the right Lo self-determination is "exclusive to the Jewish people'' and the development of
Israeli settlements is viewed as a "national value" which the Slate of Israel "will act 10 encourage
and promote.',g1 It is self-evident that an exclusive right of the Jewish people to self-detennination
in any part of the Occupied Palestinian Territory constitutes a violation of the Palestinian people's
right to self-determination in that territory.
H Second Report, para. IS.
si Wall Advisory Opinio11, Written Statement by the Kingdom of Saudi Arabia. dated .30 January 2004, para. 25.
s1 Basic Law: Israel . The Nation State of the Jewish People (2018, amended in 2022), a1•uilable at:
!!lloii:lfro,[email protected]«activjty/d~mcntsLBasicLaWJl'QE/.,.8asiclaw.1':l!Uj!mi.~™,df• Articles l(c) and 7. Sec
also Human Ri&hlS Committee, Co11ch1dlng Obsen•ario11s 011 the Fifth Periodic Report of Israel, U.N. Doc.
CCPR/O'ISR/C0/5 (5 May 2022), paras. I 0-1 1.
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49. Israel has also flagrantly disregarded numerous resolutions by United Nations organs that
reaffinn the Palestinian people's right to self-detennination, including Security Council
Resolution 242 (1967), General Assembly Resolutions 181 A and B (II) (1947), 3236 (XXIX)
( 1974), 75/22 (2020), and 77/208 (2022) and Human Rights Council Resolutions 40/22(2019) and
49/28 (2022).82
B. The Policies and Practices of Israel Constitute a De Facto Annexation of Territory by
the Occupying Power in Violation of the Jul· Cogens Norm Prohibiting the Acquisition
of Territory Through the Use of Force
50. In its written statement in the Wall Advisory Opinion proceedings, the Kingdom of Saudi
Arabia noted that after occupying Palestinian lands in I 967 by military force, Israel "{b ]cgan a
program of encouraging and supporting and protecting Israeli settlements in the Occupied
Palestinian Tenilory, including in and around Je1usalem," and that "[e)ach step of this process has
involved the confiscation and destruction of Palestinian land and resources. "83
51. Since 2004, Israel has continued pursuing its pattern of confiscation and destruction of
Palestinian land and resources in flagrant breach of Israel's obligations under international
humanitarian law and repeated General Assembly and Security Council resolutions.84 Relatively
I? U.N. Security Council Resolution 242 (1967) (U,N. Dossier No. 1245); U.N. General A!.Sembly Resolution 181
(II) ( 1947); U.N. General Assembly Resolution 3236 (XXIX)( 1974) (U.N. Dossier No. 382); U.N. General Assembly
Resolution 75/22 (2020) (U.N. Dossier No. 514); U.N. General Assembly Resolution 771208 (2022) (U.N. Dossier
No. 381); U.N. Human Right.~ Council Resolutlon 40122 (22 March 2019), U.N. Doc. A/HR01RES!40122; U.N,
Human Right'! Council Resolution 49/28 (I April 2022), U.N. Doc. A/HRORES/49128.
n Wall A,Msor;v Opi'nio11, Written Statement by the Kingdom of Saudi Arabia, dated 30 January 2004, para. 12.
84 See, e.g., U.N. Security Council Resolution 2334 (2016), Preamble ("Comlem11i11g all measul'es aimed at altering
the demographic composition, character and status of the Palestinian Territory occupied since 1967, including East
Jerusalem, including, inter alia, the construction and expansion of settlements, transfer of Israeli settlers, confiscation
of land, demolition of homes and displacement of Palestinian civilians, in violation of international humanitarian law
and relevant resolutions") (U.N. Dossier No.1372); U.N. General Assembly Resolution 77/ 187 (2022), Preamble
("Deploring the detrimental impact of the Israeli settlements on Palestinian and other Arab natural resources,
especially as a result of the confiscation of land and the forced diversion of water resources, including the destruction
of orchards and crops and the seizure of water wells by Israeli settler.., and of the dire socioeconomic consequences
in this regard") (U.N. Dossier No. 272). See also Se<:ond Report, paras. 76-77; U.N. General Assembly, Repo,-1 of rite
Commit/cc 011 the Exercise of the hialienttb/c Rlg/,ts of 1he Pa/1mi11ia11 People, lJ .N. Doc. N77/35, 1 September 2022,
paras. 12-13, 18 ( describing the policies and practices of Israel in violation of international law and United Notions
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recent and highly disturbing instances of the threat of home demolition and home eviction,
following a practice that has been wide-spread for many years, have occurred in the neighborhoods
of Sheikh Jarrah and Silwan in East Jerusalem.u The High Commissioner for Human Rights noted
that the "eviction of Palestinian families from their homes in Sheikh Jarrah for the benelil of
settlers, increas[ ed] nationalistic and ethnic tensions, and restrictions and the use of force by Israel
against Palestinians in East Jerusalem during Ramadan."86
52. The Reports also describe numerous steps taken by Israel by virtue of which it has de facto
annexed or seized over 2 million dunams of Palestinian land in the Occupied Palestinian Tenitory
since 1967.8., Israel has built settlements on lan~onstituting 18% of the West Bank- that it
claims are built on "closed military zones.',n Israel has also inter alia allowed Israeli settlers to
cultivate over 14,000 dunams of land in closed military areas, some of which are based on private
Palestinian land,119 has declared over 750,000 dunams in the West Bank as State land under the
1967 Order Regarding Government Property (Judea and Samaria) No. 59,90 and has designated
Palestinian-owned parcels of land in the West Bank as nature reserves and parks.91 In addition,
Israel has taken control of all water resources in the West Bank, using much of the water for its
resolutions and reforring to the First Report of the Independent Commission set up by the Human Rights Council)
(U.N. Dossier No. 483).
as See U.N. General Ai:sembly, Rttpo,-r of the Special Committee to l11ves1igare Israeli Practices AjfC{;li11g the Human
Rigllls of tlic Pa/estlnia11 People and Other Arabs of the Occupied Ten·itories, U .N. Doc. A/77!SO I, 3 Cx:tober 2022,
para. 36 ("The Special Committee was infonned that at least 970 Palestinians, including more than 420 children, were
currently facing the threat of home demolition and forced eviction in East Jerusalem, moi;tly in the neighborhoods of
Sheikh Jarrah and Silwan.") (U.N. Dossier No. 758).
M First Report, para, 41.
87 Second Report, para. 39.
ll1I Second Report, para. 3 I.
89 ,,,.
~ Id., para. 33.
~• Id., para. 34,
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own purposes, prohibiting Palestinians from constructing new water installations or maintaining
existing installations without a military pennit.92
53. Israel's actions with respect to the de fa,·to annexation and seizure of Palestinian land
violate its obligations as the Occupying Power under Articles 47, 49, 53 and 55 of the Fou,th
Geneva Convention, and customary international law as reflected in Articles 46, 47 and 55 of the
Regulations Respecting the Laws and Customs of War on Land annexed to the Fourth Hague
Convention of 18 October 1907 (''Hague Regulations of 1907").'13
54. Moreover, numerous resolutions issued by U.N. organs have held that Israel's settlements
are illegal and an obstacle to peace and to economic and social development of the Palestinian
population.94 Indeed, there can be no serious doubt that by continuing to allow and endorse the
building of settlements by and for Israeli nationals, both as a matter of fact and in the 2018 Basic
Law: "Israel as rhe Nation•Stateofthe Jewish People,"~ Israel deliberately and in bad faith intends
to create a/ail accompli that makes it more difficult to achieve full Israeli withdrawal from the
92 /,I., para 35. See also U.N. General Assembly Resolution 771187 (2022), paras. 7-8 (tJ.N. Dossier No. 272); U.N.
Economic and Social Council Resolution 2022122 (22 July 2022), U.N. Doc. EIRESl2022l22, para. 10 (U.N. Dossier
No, 122).
9J Regulations Respecting the Laws and Custom.,; of War on Land annexed to the Fourth Hague Convention of 18
October 1907. J Mane11s No1wea11 Recueil (ser. J) 461 ("Hague Regulations of 1907"), Articles 46 ("Family honour
and rights, the lives ofpen;ons, and private property, as well as religious convictions and practice. must be respected.
Private property cannot be confiscated."), 47 ("Pillage is formally forbidden"), and 55 ("The occupying State shall be
regarded only as administrator and usufructuary of public building.,., real estate, forests, and agricultural estates
belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of thffe propertie$1,
and administer them in accordance wich the rules of usufruct.").
94 See, e.g., U.N. Genct'al Assembly Rcsolulion 2851 (XXV1)(1971) (U,N. Dossier No. 655); U.N. General Assembly
Resolution 31/106 (A, C) (1976) (U.N. Dossier No. 660); U.N. General Assembly Resolution 35/122 (B. C) (1980)
(U.N. Dossier No. 664); U.N. General Assembly Resolution 46'162 (1991) (U.N. Dossier No. 85); U.N. General
Assembly Resolution 51/ 133 (1996) (U.N. Dossier No. 9); U.N. General Assembly Resolution S2/66 (1998) (U.N.
Dossier No. ll); U.N. General Assembly Resolution 55!132 (1997) (U.N. Dossier No. 14); U.N. General Assembly
Resolution 77/ 126 (2022) (U.N. Dossier No. 36); U.N. Security Council Resolution 2334 (2016), para. I (U.N,
Dossier No. 1372).
9s Basic Law: Israel - The Nation State of the Jewish People (2018, amended in 2022), umilllble tJI:
h,Umi;,l,Jn,kne!'.gt,&ov,iJ•~ l!,{:J~UJ!!Cntll-'B~icl 1.,\\,1,PQJ:/BasictawNationStatc.pdt:. Article 7 (''The St~te
views the development of Jewish settlement as a national value, and shall act to encourage and promote its
establishment and consolidation.").
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Occupied Palestinian Territory as required, amongst others, by Security Council Resolutions 242
(1967) and 2234 (2016).96
55. Israel's actions are compounded further by recent statements made by senior Israeli
officials who have confilmed the State's intention to make Israel's prolonged illegal occupation
pennanent and irreversible.'111 Those statements have the effect of indoctrinating and misguiding
Israeli civil society as to the true status of the Occupied Palestinian Territory, with public opinion
polls further reflecting increasing support in favour of the expulsion of Palestinians from the
Occupied Palestinian Territory.gg The defacto annexation of the Occupied Palestinian Territory
continues therefore to be Israel's modt1s opel'undi in clear violation of the ju.v cogens nonn
prohibiting the acquisition of te1Titory through the use of force. Israel's policies and practices in
the Occupied Palestinian TetTitory bear a striking resemblance to those employed by colonial
powers, rather than those of an Occupying Power. Most concemingly, the Israeli government's
rhetoric about making Israel's prolonged and illegal occupation permanent and irreversible and an
increasing support in favour of the expulsion of Palestinians from the Occupied Palestinian
Territory- ... endorsed by some Israeli government officiuls--pose the risk and threat of the
commission of further and heinous international crimes_.»
96 U.N. Security Council Resolution 242 ( 1967), para. I (V,N, Dossier No. 1245); U. N. Security Council Resolution
2334 (2016), para. 2 (U.N. Dossier No. 1372), Sec "/so Wu/I Adt•iso,:v Opi11io11, p. 184, para. 121; U.N. General
Assembly Resolution 36/120 (1981) (D), paras. 3. 5 (U.N. Dossier No. 389); U.N. General Assembly Resolution
75122 (2020), pam. 12 (U.N. Dossier No. S14).
91 Second Report, p-.tras. 51-53.
ria Israel's Religiously Divided Society, Pew Re.fet1rch Center, 8 March 2016, .aV(li/able at:
~w.pew1·esearch,or$1'religiooLm!-1,;.Q9!,!<01:l!.W'.!9~d$£~i.!~g J,aQJ·t,J(lJ!~Gru::S.w:.v.~~..f.J.l.1.t'~• p. _153
("Nearly half of Israeli Jews say Arabs should be expelled"); id., p. 154 ('1 S]ome Israeli poht1cal figures have raised
the possibility of an expulsion or voluntary 'tran.11fer' of the Arab population.").
9'> See, e.g., Michael Bachner, Yamina·s Kahana says he'd expel all Arabs, but admits they're hc:re to stay, Tire Times
of /sraei, 14 June 2022, ,wailuble at: hJJ»~~w-iimesofjsrael.£Qm[yaminas-kabi\ln,~a..-X~~-!J~~=t!:.11~ll..i!.rn~
ou1-0f-israel-.Qll:Wlim-if-he-cwld/.
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KINGDOM OF SAUDI ARABIA
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56. Israel's de facto annexations are not only illegal in and of themselves, but they also
effectively deprive the Palestinian people of the exercise of their right to self-determination over
that territory. 100
C. Israel's Treatment of Palestinian Civilians Violates International Humanitnian Law
57. In its Second Repo1t, the Independent Commission thoroughly describes Israel's "complex
environment of coercion" against the Palestinian people and the resulting humanitarian effects. 101
58. By way of example, the Second Report explains that Israel has caused the death of
Palestinian civilians, including children, 1112 prohibited access to medical care to Palestinian
citizens, tol demolished and confiscated Palestinian homes and structures required for the
livelihood of families, prohibited Palestinian construction in 70% of Area C of the West Bank, m◄
pursued abusive water policies, land expropriation and waste dumping, ios forcibly transfe1Ted
citizens from their homes, IOll ordered the demolition of homes, schools and other structures, '°7 and
allowed the harassment of Palestinian women and girls by, among other fo1ms of intimidation,
subjecting them to searches at checkpoints conducted solely by male soldiers.108
100 Supra, paras, 42•49.
101 Second Report, para. SS. See also ESCWA June 2022 Report, para. 42 (U.N. Dossier No. 147).
101 Second Report, para. 58.
tOl Id., para. 56,
1°' Id., para. 42. Since the beginning of 2022, Israel has demolished 500 structures in the Occupied Palestinian
Territory. Sec id., para. 62.
ffll It/., para. 72.
• l<I .• paras. 60-63.
101 /d,, paras. 58, 60~63. See c,/,m ESCWA June 2022 Report. para. 25 ("Demol}tions and force~ evictions as referred
to below entail numerous human rights violations, exacerbate the coercive env1ron_me~1t and ~1se concern! a~ut the
risk of forcible tran'ilfer. They also continue to raise conc:em about compliance with mtemat1on~I humamtanan law
provision.'il that are binding on the occupying Power, including the prohibition of the destruction of property and
institutions dedicated to education.") (U.N. Dossier No. 147).
108 Second Report, para. 59.
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59. Israel has also imposed an inhumane blockade on Gaza since 2007, effectively occupying
the territory by, as described by the Independent Commission, controlling its airspace, te1Titorial
waters, land crossings, civil infrastructure, including water and electricity, "and key governmental
functions such as the management of the Palestinian population registry."109 As described by the
Independent Commission in its First Report, Israel's IS-year blockade over Gaza and its
destruction of essential infrastructure has caused the population to face critical restrictions on its
freedom of movement for both individuals and goods.110
60. Israel further buttresses its complex environment of coercion against Palestinian civilians
by deploying an administrative detention regime that allows military commanders to detain an
individual for six months, extendable by six additional months for reasons of alleged public
security. Importantly, Israeli law does not define a maximum period of detention, meaning
"administrative detainees may, in theory, remain in detention indefinitely."111 Since 1967, more
than 800,000 Palestinians have been subjected to administrative detention without charge or
trial.1 1
~ Recent reports of U.N. human rights bodies indicate that as of March 2023 there were
approximately 1,000 Palestinians in administrative detention, which is said to be the highest
number in 15 years.1 13
100 Id., para~. 19-20.
uo Fil'st Report, para. 43.
111 See U .N. General A5,embly, Report of lhe Spacial Commi/lU ro lm•tstigutc lrmcli Practices A.Jf«ti11g tht. Humu11
Rights of the Pa/esli11/t111 People t111tl Other Arab.t of th,~ Occupied Terrllol"les, U.N. Doc. A/641339, 9 September
2009, para. 80 (U,N, Dossier No. 745).
111 Special Committee to Investigate Israeli Practices Affecting the Human Rights of the PaJestinian People and Other
Arabs of the Occupied Territories, E11d-ofamis.fio11 S1,ueme111, 15 July 2022, a11t1ilahle at:
bum.:l{w.ww,J.1.!l,9Jf/ P.ni~il~1m:i.£1.1Yend::,0f-mission-sta1emcnr-bv-1he-uo•sp,<:cial:...~o.mmit~e:- g;-.inY.estiiate-isruli:
prac1ices-y. See also Third Report, para. 23.
113 Statement by High Commissioner of Human Rights on Report on the OPT, 3 March 2023, available ar.
bi.!PAi!Z~~Y!JlelJY,ghchr:~tat.c;JJtl;!!.~~~ ("Currently, 967 Palestinians arc being: bet!LJp
\~hat is· termed administratjve detention, in which people arc arbitrarily detained for often lengthy periods without
charae or tria!. This is the highest numbC1' in 15 years.") (emphasis added): Special Rapporteurs Demand
Accountability for Death ofKhader Adnan and Mass Arbitrary Detention of Palestinians, Press Release, 3 May 2023,
m•al1"blc m: 1ntRs;ff'H))!W,\!"1.QIJl{1-1nl~.,Al(llo.<:\limoi1&H:Cial-11w,oneurs-demand-accounJabiljlY-fot•deaJh•0 f-kllll<ler:
adnan-and-mass-arbjtraJ)':detention-of-paJest1njgn,,-».te§S;r.e®id. ("Israel currently holds approximately 4900
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61. Israel's actions deprive the Palestinian people of their basic livelihood and dignity and are
in manifest violation of Israel's obligations under Articles 27, 32 and 33 of the Fourth Geneva
Convention and Article 46 of the Hague Regulations of 1907. The forcible displacement of the
Palestinian people from the Occupied Palestinian Territory is a violation of Article 49( I) of the
Fourth Geneva Convention and constitutes a grave breach under Article 147 of such Convention.
Additiona1ly, Israel's practice of encouraging, supporting and protecting Israeli settlements in the
Occupied Palestinian Territory, including in and around Jerusalem, is a violation of Article 49(6)
of the Fourth Geneva Convention.114 As explained by the International Committee of the Red
Cross, Article 49(6) of such Convention "is intended to prevent a practice adopted during the
Second World War by certain Powers, which transferred po11ions of their own population to
occupied territory for political and racial reasons or in order, as they claimed, to colonize those
tenitories."rn The same colonization objective is evinced by Israel's settlement practices in the
Occupied Palestinian Territory. Furthennore, Israel's administrative detention of Palestinian
civilians is tantamount to a grave breach of the Fourth Geneva Convention, of"wilfully depriving
a protected person of the rights of fair and regular trial" under Article 147 of the same
Convention. 116
Palestinian.._ in it'I prisons, including 1016 administrative detainees who arc held for an indefinite period without trial
or charge, based on secret information. The number of administrative detainees in Israeli detention facilities is at iL'I
highest since 2008, de8pite repeated condemnation from international human rights bodies and recommendations for
L,;rael to immediately end !he practice. In recent years, many Paleslinian prisoners have resorted to hunger strikes to
protest the brutality of Israers detention practices."). Sec also ESCWA June 2022 Repon. paras. 17•24 (discussing
the violations of international humanitarian law and intematioMI human rights law in relation to the ill-treatment and
the practice of administrative detention of Palestinian.-. by Israeli authorities) (U.N. D01111ier No. 147).
114 Wall AtMsury Opi11io11, pp. 183-184, para. 120 (noting that Article 49(6) of the Fourth Geneva Convention
"prohibits not only deponations or forced transfers of population such as those carried out during the Second World
War, but also any measures taken by an occupying Power in oroer to organize or encourage transfers of parts of its
own population into the occupied territory."),
1 !$ International Committee of the Red Cross, Commentary of the Geneva Convention Relative to the Protection of
Civilian Persons in Time of War, 1958, p. 283. Seq also U.N. General Assembly Resolution 77/126 (2022), Preamble
(U.N. Dossier No. 36), U.N. General Assembly Resolution 77/247 (2022), para. 2 (U.N. Dossier No. 3); U.N. Security
Council Resolution 465 (1980), para. 5 (U.N. Dossier No. 1267).
116 Special Rapporteurs Demand Accountability for Death of Khader Adnan and Mass Arbitrary Detention of
Palestinians, Press Release, 3 May 2023, cwai/able ar. bttPsillY,!W~1Wl1M?.fun,~11__al(d~ ,\.lme.nl/$Pel<.i.il.bm.P.g~
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KINGDOM OF SAUDI ARABIA
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ittnister's offue
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D. Israel's Actions Concerning the Holy City of Jerusalem Are Aimed at Altering the
Special Status of the City Under International Law
62. As described in the Reports, lsrael has taken significant steps with respect to Jerusalem
that serve to alter the demographic composition, character and status of the Holy City. For instance,
Israel has revoked residence permits of and evicted Palestinian residents from the City of
Jerusalem117 and allowed the building of settlements around and encircling the boundaries of
Jerusalem, thereby severing ''the geographical contiguity between East Jerusalem and the rest of
the occupied West Bank." 118 Israel has likewise introduced restrictive planning and zoning regimes
in East Jerusalem that obstruct adequate housing infrastructure and contribute to "shrinking space
for Palestinians."119
63. Israeli security forces have also directed religion-based violence and intimidation against
the Muslim population in Jerusalem by restricting access to and regularly stonning the Al Aqsa
mosque grounds and attacking Muslim worshipers.110 This conduct represents an attack on both
the Palestinian people and the global Muslim population.
64. By enacting the "Basic Law: Jerusalem" in July 1980, which declared Jerusalem as Israel's
capital, Israel effectively solidified the de Jure annexation of the city. 121 The U .N. Security Council
demand-acggun1Alill.itx-foc-death•of-khader-adnan-and-mass-a,1,itQHY.;d!.~Dli.9..~~s>J.:D11J~~!it1i.!\~::llri;,~~~ ("The
systematic practice of adminl,;lrative detention, i~ tantamount to a war crime of wilfully depriving protected persons
of the right.<; of fair and reguh1r- trial,"}. See t1lso U.N. General Assembly, Rep011 of tile Special C<immittee. to
ln11cs1ignre Israeli Practices Affectt11g Ille H11ma11 Rig/r/.J of t/rc Populmiim <l the Occupied Te1rilorie,f, U,N. Doc.
A/77/50 I, 3 October 2022, paras. 8. JO (U,N. Dossier No. 751).
117 U.N. General As.~embly Resolution 77/247 (2022), p. 4 (U,N. Dossiu No. 3).
us Second Report, para. IS.
119 Id.
120 Francesca Albanese, Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since
1967, Statement (6 April 2023), aw,i/able at: htips:flwww.ob£h,t.om/e11lnres.~~~1.1~e:Sli$>2,Y,QNj:;me1-un-pPcrt•
$:On4em.o~l~,k§::R,ru~Jinhms.~~hag,s~•Jll.9SIUtC ("As Palestinian Muslims gathered for Ramadan prayers
exercising their right to worship in AI-Aqsa Mosque, Israeli authorities used blatantly excessive and unjuslificd force
ugainst them.").
121 Second Report, para. 16.
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KINGDOM OF SAUDI ARABIA
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condemned the Basic Law of 1980 as null and void through Resolution 476 (1980)122 and
Resolution 478 ( 1980). 113 Israel ignored those resolutions and, on the contrary, has undertaken
sustained and increased efforts to forcibly control the city and its Palestinian environs, displace its
Palestinian inhabitants and erase its Palestinian history. 124
65. By continuing to alter the demographic composition, character and status of the Holy City
of Jerusalem, Israel's actions in respect of Jerusalem violate various U.N. Security Council
Resolutions, includjng Resolutions 252 ( 1968), 476 ( 1980} and 478 ( 1980). 125 Moreover, Israel's
continuous violations and hostilities towards the Holy Sites increase tension between all parties
involved and cause an endless cycle of violence.
66. Israel's conduct, as the Occupying Power, with respect lo Jerusalem is not only in flagrant
violation of U.N. Security Council resolutions, its obligations under international humanita1ian
law and, insofar as it has dejure annexed East Jerusalem, of the prohibition against the acquisition
of tenitory by force. Israel's conduct must also be seen as part of its efforts to establish a system
of racial segregation in the Occupied Palestinian Territory given the establishment and growth of
121 U.N. Security Council Resolution 476 ( 1980), para. 3 ("R~·onfirms that all legislative and administrative measures
and actions taken by Israel, the occupying Power, which purport to alter the character and status of the Holy City of
Jerusalem have no legal validity and constitute a flagl'ant violation of the Fourth Geneva Conventioo relative to the
Protection of Civilian Persons in Time of War") (U.N. Dossier No. 1273).
m U.N. Security Council Resolution 478 (1980), para. 3 ("Detcrmi11es that all legislative And administrative meai.ures
and actions taken by Israel, the occupying Power, which have altered or purport to alter lhe character and status of the
Holy City of Jerusalem, and in panicular the recent 'basic law· on Jcn1Salem, are null and void and must be rescinded
forthwith.") (U.N. Dossier No. 1274). Sec also U.N. Gener.II Assembly Resolution 36'120 (1981) (D), para. 6; (E),
paras. I, 3 (U.N. Dossier No. 389).
IN Sec First Report, paras. 15-16, 41-45, 49-S0; Second Report. paras. IS•20, 27, 31-35, 42, SI-S8, 60-66, 72, 78.
Notably, the Independent Comn1ission describes Israel's "(d]cmolition and confiscation oflivelihood slructures, such
as shops, animal shelters, walls, and warehouses as well a.'i of infrwruc~ure, such as ~vater pi~s l~: .J" and explains
that since the beginning of 2022, "Israel has demolished SOO structures in the Occupied Tcmtory. Second Report,
para. 62. The Independent Commission also detailed Israel's abusive "water policies, land expropriation and wa~te
dumping." Id., pam. 72.
t3:i U.N. Security Council Resolution 252 (1968) (U.N. Dossier No. 1247); U.N. Security Council Resolution 476
(1980) (U.N. Dossier No. 1273); U.N. Security Council Resolution 478 (1980) (U.N. Dossier No. 1274).
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Israeli-only settlements in and around East Jerusalem, in contrast to the various restrictions
imposed on the Palestinian citizens of the city, discussed in detail in the Reports.
E. Israel's Policies and Practices Vis-a-vis the Palestinian People Have Resulted in
Systematic Violations of Human Rights and A.mount to Racial Discrimination and
Segregation
67. The adoption of discriminatory legislation and measures, the settlement policy of Israel in
its capacity as the Occupying Power, and the system of administration and forcible control
exercised by Israel in the Occupied Palestinian Territory have resulted in systematic violations of
multiple human rights treaties to which Israel is a party.
68. Israel's practices that affect women and children are of particular concern. Since 1967,
thousands of children have been displaced and forcibly transferred from their homes and women
and girls have faced gender-based violence by Israelis, includiqg "attacks, harassment and threats
directed at women and girls by settlers."1z. There can be no doubt that Israel's dehumanizing acts
against women and children violate, respectively, Israel's obligations under the Convention on the
Elimination of Discrimination Against Women and the Convention on the Rights of the Child. 127
69. As noted in paragraphs 29 and 30,.mpru, the measures carried out by Israel in the Occupied
Palestinian Territory also impose an obvious system of segregation and racial discrimination
126 Second Report, para. 78.
1i7 See, f.'.g., U.N. Economic 1111d Social Council Resolution 2022!23 (22 July 2022), U.N. Doc. E/RESi2022123,
paras. 2, 4 ("Situation of and assistance to Palestinian women") (U.N. Dossier No. 185)~ Second Report, paras. S6-S9
(raising concerns about Israel prohibiting access to medical care to Palestinian cicizens, which especially affects
pregnant women, as well as condemned the harassment by Israeli male soldiers of Palestinian women and girls by
conducting searches by male soldiers at checkpoinls).
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tantamount to apartheid, contrary to Israel's obligations under the CERO128 and to thcjus cogens
nonn prohibiting such heinous practices. l?!I
70. The reality of this apartheid system imposed by Israel in the Occupied Palestinian Territory
has been amply documented by several U.N. human rights mandate holders and in the Reports of
the Independent Commission. The core features of the racial segregation and discrimination
tantamount to apartheid in the Occupied Palestinian Territory encompass legislation, policies and
practices of Israel with the purpose of establishing and maintaining domination over Palestinians
and systematically oppressing them by severely limiting or depriving them of the exercise of their
fundamental rights including right to life and liberty, right to property, access to justice, freedom
of movement and residence, right to freedom of peaceful assembly and association. t ltl The central
means by which Israel enforces its aparlheid-like policies and practices is through the illegal
,u CERD, Preamble ("Considering that the United Nations has condemned colonialism and all practices ohegregation
and discrimination a!lsociatcd therewith, in whatever form and wherever they exist ... Alam1ed by manifestations of
racial discri,nination still in evidence in some areas of 1he world and by governmental policit$ ba.'iCd on racial
superiority or hatred, such as policies of apanheid, segregation or separation"); id .. Article 1(1) (defining "racial
discrimination" as "any distinction, exclusion, restriction or preference based on race, colour, descent, or national or
ethnic origin which has the purpose or effect of nullifying or impairing the recognition, ettjoyment or exercise, on an
equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field
of public life."); id., Anicle 2(1) ("States PartieJ1 condemn racial discrimination and undertake to pursue by all
appropriate means and without delay a policy of eliminating racial discrimination in all its forms"); id., Aniele 3
(''States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradi,:ate
all practice,<; of this nature in tenitories under their jurisdiction."); id., Article S ("In compliance with the fundamental
obligations laid down in article 2 of th~'l Convention, States Parties undertake to prohibit and to eliminate racial
discrimination in all its fom,s and to iUarantee the tight of everyone, without di., 1inctlon a., to race, colour, or national
or ethnic origin, to equality before the law, notably in the enjoyment of the following rights ... "). S11prt1, para. 30.
lit Sd Commentaries to ILC Articles on State Responsibility, Commentary to Article 26, para. S; Commentary to
Article 40, para. 4; Barcelona Tract/011, paras. 33-34.
1 \O· See, e.g., U.N. Human Rights Council, ReporJ of tlw Special Rt1pp"l'te11t 011 tl,e Sit11utio11 of H11nw11 Rigllts in the
Palestinian Tcrritoric-s Occupied SinCII 1967, Michac:I Lynk, U.N. Doc. AIHRC/49187, 21 March 2022, paras. 3S-S6
(concluding that Israeli practices and policies over the Occupied Palestinian Tenitory "satisfiy] the prevailing
cvidentiary standard for the existence of apartheid"); U.N. Economic and Social Commission for Western Asia, Israeli
Pracrlces towards tilt Pttlesti11ia11 People and tlie Quest/011 of Apnrrhcicl, U.N. Doc. EIESCW A/ECR1120t7/ I, 15
March 2017, pp. 37-47; U.N. Human Rights Council, Report of the Special Rapporteur on tlle Situation of H11mc,11
Rights in the Palestinian Territories Occupied ~ince 1961, Ri':hard Falk, {!-N, Doc •. AfHRC/2~67, !an~ary 2014,
paras. 51•78 (considering the policies and prac11ces of Israel m the Occupied Palestinian Temtory in hght of the
prohibition on segregation and apanheid).
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KINGDOM OF SAUDI ARABIA ~
MJ~qSTRY OF FOREIGN AFFAIRS ;~ ~ .
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seizure of land, properties and resources in the Occupied Palestinian Territory for the exclusive
benefit of Israeli settlements and Israeli settlers, while at the same time displacing the Palestinian
population, and limiting, through the restrictive and discriminatory application of laws and
regulations, as well as military control and legislation, the right of Palestinians to exercise
fundamental freedoms in those same areas. 131
71. Israel's adoption of the 2018 Basic Law: "Israel as the Nation-State of the Jewish People"
which, as mentioned above, recognizes the right to self-determination solely to Jewish people and
"views the development of Jewish settlement as a national value, .. . encourag[ing] and
promot[ing] its establishment and consolidation,"u2 adds yet a further dimension to this system of
segregation and racial discrimination given Israel's obvious intention to pennanently retain and
annex large areas of the Occupied Palestinian Territory, if not its entirety, and apply the
discriminatory provisions of the law to that territory. m
72. In the context of the regime of domination and oppression of the Palestinian people in the
Occupied Palestinian Territory, the Israeli autho,ities implement policies and practices that
severely deprive Palestinians of their fundamental rights pursuant to Article S of the CERD and
whfoh constitute "inhuman acts" under Article 2 of the International Convention on the
Suppression and Punishment of the Crime of Apartheid: 134
u, U.N. Human Rights Council, R;!po1•1 of 11,c Spct:it1I Rt1pporre111· ,m 1/" Si11w1io11 of H11ma11 Rights i11 the Pt1lesti11fr111
Territories Occupied Since I 967, Michm:I Lynk, U.N. Doc. AiHRC/49/87, 21 March 2022, paras. 35-45. Cf. NamiiJia
Ad,•i,m1y Opi11io11, p, S7, pants. 130-131 (de~cribing the policy ofapanheid as applied by South Africa).
132 Basic Law: Israel • The Nation State of the Jewish People (2018, amended in 2022), t11•t1i/(lb/e ar.
hUQ.s;llm,~.Y...iJ/filli1clivi1ytdocum.e.o.tsm.11$i£l!l\\'.l!fDflBasicLawNa1ionState.pdf, Article 7.
t)l U.N. Human RighL'I Council, Report of the Special Rapporteur 011 the Sit11atio11 of H11ma11 Rights i111hc Palestinia11
Territories Occ11pied Since I 967, Michael Lynk, lJ.N. Doc. I\/HRC/49/87, 21 March 2022, paras. 48-49.
,,. International Convention on the Suppression and Punishment of the Crime of Apartheid, 18 July t 976, I 0 l S UNTS
243 (''Apartheid Convention"), Article 2. While Palestine is a party 10 the Apanheid Convention, Israel is not. See
U.N. Human Rights Council. Report of tire Speciu/ Rapporteur 011 the Sit11atio11 of Human Rights i11 the Pulesti11la11
Te,-ritorie1i- Occ11pied Sir,ce 1967, Richard Falk, U.N. Doc. AfHR0'2.5/67, January 2014, para. 54 and n. 60 (noting
thal the Apartheid Convention "continues 10 infonn the prohibition of apartheid in international law" despite the fact
that Israel is not a party to it).
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KINGDOM OF SAUDI ARABIA
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a. The right to life of Palestinian people has not been protected by Israel, which has caused the
deaths of Palestinian civilians by prohibiting access to medical care and pursuing abusive
water policies, among other abuses. u~ In addition, settler violence and attacks also violate the
right of Palestinians to life, liberty and security of the person. 136 There has been a significant
increase in the incidence, frequency and severity of settler violence in recent years and in the
involvement of the Israeli security forces in such violence, as weU as other acts of impunity
directed against Palestinian civilians by the Israeli military. 117
b. Israel's legislative measures and court decisions have authorized settlements to be built on
private Palestinian land in the Occupied Palestinian Territory in violation of the right to
residence of the Palestinians affected. ll ll
c. Under the military law applied in the Occupied Palestinian Territory, assemblies of
Palestinians may be regarded as a security threat so that Palestinians' "freedoms of peaceful
assembly and association are severely 1·estricted."u'
d. The development of a dual legal system provides Israeli settlers with rights such as health
insurance, social services, education and right of entry into and out of Israel whereas the
Palestinian population enjoys none of those rights.1-ID
e. Palestinians are also subject to the military legal system presided over by Israeli military
judges which offers very few of the procedural and substantive protections of a purposive
us Second Report, paras. 35, 56, 62.
ix. Id., paras. 64, 66; U.N. Human Righlll Council, Report of tlle Special Ropponew· on the Situation of Human Rights
in the Palestinian Territorit>s Occupied Since 1967, Richard Falk, U.N. Doc. NHRC/25167, January 2014, para. SS.
u1 First Report, para, SO; Third Report, para. 21.
us Second Report, para. 27.
u9 Id., para. 41.
i..a Id., paras. 2S, 46, 47.
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criminal legal system, while Israeli settlers are under the full pl'Otection of Israeli criminal
law.141
f. Racial discrimination is also systemic in relation to the freedom of movement, where
movement permit requirements, military incursions, and checkpoints remain a part of daily
life for Palestinians while Israeli settlers do not face any of such impediments.142 There is also
clear road segregation for the exclusive use of the Israeli population. 143 In Gaza in particular,
given the IS-year blockade, and the "destruction of essential infrastructure, the population
continues to face critical restrictions on the freedom of movement of both individuals and
goods."144
g. As the First Report of the Independent Commission notes, there are systematic violations
resulting from discriminatory planning and zoning laws and policies, confiscation of land and
natural resources, routine demolition of homes and forced eviction. 145
73. Thus, Israel's discriminatory practices against the Palestinian people in general violate
Israel's obligations under the CERD prohibiting racial discrimination, which is a J11s cogens
nonn.146 That these practices amount to a systematic government-inspired and supported system
of racial discrimination tantamount to apartheid throughout the Occupied Palestinian Territory
cannot be hidden or seriously denied, and the Court should therefore recognize and condemn those
'"' first Rcpon, para. 4S. See Cl/so U.N. Hum1m Rights Coum:il, Repo11 of the /11depe11de,11 J111cmationlll F<1ct-Fi11db1g
Mls:slo11 lo lm·estigme tl,e lmplictlficms of lv,-ueli settlemems 011 the ,:fril, pulitlcul, eco11uml,:, suciul, "'"( ct1lt11rnl
1'ights of tl,e Pt1/estit1/t111 people tJinmglwut the Occupied PlllCsti11iu11 Territol'y, illcl11ding Em·t .leru:sa/em, U.N. Doc.
A/HRC/22/63, 7 February 2013, paras. 39-40, 46-47.
142 First Rcpol't, para. 42. Sec t1lso ESCWA June 2022 Report, paras. 52-55 (U,N. Dossier No. 147); U.N. Human
Rights Council, Report of the Special RopJKJ11c111· 011 1/111 Situation of Huma11 Rig/its in the Pa/esti11iu11 Terl'itorics
Occupied Sinre 1961, Michm?I l,.v11k, U.N. Doc. N HRCl49f87, 21 March 2022, para. 50.
143 First Report, para. 29.
,..,. /cl., paras. 43, 49.
14s Id., para. SI .
146 See Commentaries 10 11.C Articles on State Responsibility, Commentary to Article 26, para. 5; Commeniary to
Article 40, para. 4. See also Barcelo11a Ti-action, pants. 33-34.
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KINGDOM OF SAUDI ARABIA
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practices as such. Moreover, the reality of the apartheid-like system Israel has implemented in the
Occupied Palestinian Territory demonstrates in the clearest manner possible the need for the U.N.,
and the intemational community at large, to unambiguously declare the occupation illegal in its
entirety and require that it be put to an end.
V. LEGAL CONSEQUENCES OF ISRAEL'S ONGOING VIOLATIONS OF
INTERNATIONAL LAW
74. This Section will deal with the legal consequences arising from the violations by Israel of
the relevant rules and principles of international law referred to in Section IV and with the legal
consequences for all States and the United Nations arising from the illegality of Jsrael 's
occupation.
A. Legal Consequences of Israel's Illegal Occupation under International Law
75. The Court concluded in the Wall Aclviso,y Opin/011 that the construction of the wall in the
Occupied Palestinian Territory. including in and around East Jerusalem, and its associated regime,
are contrary to various of Israel's international obligations. It also set out the legal consequences
with respect to Israel's violations of its international humanitarian law and international human
rights Jaw obligations. These include lsrnel's obligation to (i) comply with its international law
obligations; (ii) cease its internationally wrongful acts, and (iii) pay reparations.147
76. Israel continues to be in breach of its international law obligations as a consequence of its
prolonged occupation of the Occupied Palestinian Territory, including East Jerusalem, and other
related conduct, as specified above. Israel thus incurs international responsibility arising from a
continuing violation ofits international obligations for as long as such violations continue. 148 Thus,
14l Wall AcMso,y Opin/011, pp. 197-198, paras. 148-153.
1o1a ILC Articles on State Responsibility, Article 14(2) ("Extension in time of the breach of an international
obligation . . . (2) The breach of an international obligation by an act of a State having a c~ntinui_ng char~cter ext.ends
over rhe entire period during which the act continues and remains not 111 confomuty with the mtema1tonal
obligation."); Commentaries to ll.C Articles on State Responsibility, Comme~tary to A.rticle .14, pai:i, 3 ('_'In
accordance with paragraph 2. a continuing wrongful act, on the other hand, occupies the egt1re penod d~nng w11i£1!
the act continues and remains not in conformity with the international obligation. provided that the State IS bound by
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KINGDOM OF ~AUDI ARABIA
MlhqSTRY OF FOREIGN AFFAIRS
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viewed from the perspective of international law, the passage of ever-increasing periods of time
during which Israel stubbornly refuses to comply with its international obligations does nothing to
aid Israel in evading those obligations, but on the contrary will only serve to amplify the damage
it causes to the Palestinian people and ultimately increase the extent of the reparations it will be
legally required to assume responsibility for paying to the Palestinian people.
77. As stated by the Court in the Namibia Advi.~ory Opinion, determinations by the U.N.
Security Council and General Assembly that a State has and continues to commit severe and
egregious wrongful acts, including those determinations noted in the long list of resolutions
mentioned at paragraph 25, supra, "cannot remain without consequence."149 In light of these
multiple, continuing and grave violations of international law committed by Israel in illegally
maintaining its prolonged occupation over the Occupied Palestinian Territory, including East
Jerusalem, over more than five decades, that occupation is, in its entirety, wrongful under
international law and, with respect, must be declared illegal by the Court.
78. Such internationally wrongful acts entail several legal consequences. Israel, which is
responsible for having created and maintained a situation that has been declared as a flagrant
violation of international law, has the obligation to put an end to it. Specifically, Israel must:
a. Comply with its obligations under international law, including respecting the right to selfdetermination
of the Palestinian people, as well as its obligations under international
humanitarian law and international human rights law;
b. Immediately cease all internationally wrongful acts arising from its illegal occupation of the
Occupied Palestinian Territory, including East Jerusalem;
the international obligation during that period. Examples of continuing wrongful acts include the maintenance in en:ect
of legislative provisions incompatible with treaty obligation~ of the enacting State, unlaw_ful dete?tio~ of a foreign
official or unlawful occupation of embassy premises. mamtenance by force of !<W!,U!.i.l1Lih'm.lt!WIQJ!, ynlawful
occupation of part of the territory oun.QJ.her State or stationing anncd forces in another State without its consent.")
(emphasis added).
,~~ Namibia Ad11isory Opi11ion, p. 54, para. 117.
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c. Offer appmpriate guarantees of non. repetition; and
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d. Make full reparation for the damage caust.-d, which must "wipe out all the consequences of
the illegal act and reestablish the situation which would, in all probability, have eidsted if that
act had not been committed,"15(' in the fonn of restitution and compensation. This entails, inter
ll!ia, that in order to bring itself into compliance with its international obligations, Israel must
unconditionally withdraw from the Occupied Palestinian Tenitory, dismantle the separation
wall where it encroaches on the Occupied Palestinian Territory, including East Jerusalem, and
remove its civilian population from that tenitory, and rescind all legal and administrative
measures in furtherance of its illegal occupation ofsuch tenitory. Compensation must also be
paid to all legal and natural persons injured by Israel's internationally wrongful acts insofar
as restitution would be insufficient to ensure full reparation for the injury caused over the
len1:,rth of Israel's illegal occupation. t 'il
B. Legal Consequences of Israel's Illegal Occupation on All Other States
79. In the Wall Adt•isory Opi11io11, the Coutt held that, as a consequence of the "character and
the importance of the rights and obligations involved," all States have an obligation to bring that
breach to an end, including by not recognizing the illegal situation created by Israel, nor rendering
aid or assistance in maintaining it. 152 It also held that all States are required to see that any
impediment to the Palestinian people's exercise of their right to self-determination is brought to
an end. isJ The Court also stated that every State party to the Fourth Geneva Convention was
required to ensure Israel• s compliance with its obligations under international humanitarian law. " 4
15° Facmr_v ttl Cllot::ihv, J11dgmet11, Merits, /3 Sep1ember 1918, P.C.l.J. 1928. Seric.1 A, No. /1, p. 47. Ser.: also
Commentaries to ILC Anicles on State Responsibility, Commentary to Article 31, para. 2; U.N. General Assembly
Resolution 771247 (2022), pam. 11 (U.N. Dossier No. 3).
•51 Commentaries to JLC Articles on State Responsibility, Commentary to Article 36, para, 3.
i5i Wall Advisol'J,' Opinion, p. 200, para. 159.
IS} /,/.
m id,
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KINGDOM OF ~AUDI ARABIA ' :., ," ' ,Jt MINlSlRY OF FOREIGN AfF.AIRS
iMmistcr;s O(#£e
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80. As set out above, Israel's internationally wrongful acts by virtue of its illegal and
continuous occupation of the Occupied Palestinian Territory, including East Jerusalem, entail the
breach of its obligations arising from peremptory nonns of general international law (jus cogru,s).
Under the law of State responsibility, these grave breaches give rise to additional consequences
for all States. ln this particular case, all States are required to:
a. cooperate to bring the illegal occupation to an end;
b. not recognize it as lawful; and
c. not render uid or assistance in maintaining the illegal occupation.155
81. As to the obligation of cooperation, the Court has stated that States Parties to the Fourth
Geneva Convention must ensure that Israel complies with its obligations under that treaty.1%
Indeed, under Article 1, all States have the duty "to respect and to ensure respect" of the
Convention. IS7 All States must also cooperate with the relevant United Nations bodies and other
agencies, including among others the United Nations Secretary General, the United Nations
Special Rapporteur on the Situation of Human Rights in the Palestinian Territmies Occupied Since
196 7 and the International Committee of the Red Cross, in the discharge of their responsibilities
in the Occupied Palestinian Ten·itory, including East Jerusalem.
82. The obligation of non-recognition entails that all States are under an obligation not to
recognize any purported Israeli sovereignty over the Occupied Palestinian Territory, including
HS ILC Articles on State Responsibility, Anicle 41. C.f. Namibic, A,Msm:11 Opinion, pp. 54-56, paras. 117-126. See
also United Nations General Assembly, Reporr of 1/ie Special Rapporteur 011 the sit11ario;1 ~f l111ma11 rights i11 1l1e
p(l/e,>s/i11Ja111erritories occupied since /961, Frcmcesca Alho11esc, U.N, Doc. A/77#356, 21 September 2022, para. 76.
IS~ CJ. Wall Adl'iso,y Opi11io11, p. 200, para. 159, See also U.N. Security Council Resolution 681 (1990), para. 5 (U.N.
Dossier No. 1293).
m Fourth Geneva Convention, Article I.
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KlNGOOM OF ~AUDI ARABIA
MINISTRY OF FOREIGN AFFAIRS
1v1inister's qf.re
East Jerusalem, nor to recognize the validity of any legislative or administrative measures adopted
by Israel in furtherance of its illegal occupation. 158
83. All States are also required not to render aid or assistance in maintaining the illegal
occupation. This is in accordance with several United Nations General Assembly and Security
Council Resolutions listed above that have consistently called for all States not to provide Israel
with any assistance to be used specifically in connection with settlements in the occupied
territories.159 This obligation entails that all States must refrain from acts that provide support or
assistance in furtherance of Israel's illegal prolonged occupation.160 In this regard, the Special
Rapporteur on the Situation of Human Rights in the Palestinian Tenitories Occupied Since 1967
has explained that measures to be taken by third States in order to comply with their obligations
arising from the illegality of the occupation could involve:
• "(T]o take all reasonable steps to prevent or discourage national institutions,
organizations and corporations within their jurisdiction from engaging in activities
that would invest in, or sustain, the occupation."
• ''(To] prevent or discourage cooperation with entities that invest in, or sustain, the
occupation."
us Moreover, under Anicle 3 of lhe CERD. oil S!ale.'1 Par1ie$ have a collective obligation lo "condemn racial
segregation and apartheid," whk h mails the obligation of non-recognition of the illegal situation created by Luaers
policies and practices of racial segregation tantamount to apart/ie;tl in the Occupied Palestinian Territory. CERD,
Article 3.
U9 See, e.g., U.N. Security Council Resolution 465 (1980), para. 7 (U,N. Dossier No.1267); U.N. General A~sembly
Resolution 7Si22 (2020), para. 13 (U.N. Dossier No. 514); U.N. General Assembly Resolution 771126(2022), para. 17
(U.N. Dossier No. 36). Stte also U.N. Security Council Resolution 471 (1980), para. 5 (U,N. Dossier No. 1271); U.N.
General Assembly Resolution 77/25 (2022). para. 13 (U,N. Dossier No. 516); U.N. Human RighL, Council Resolution
491'28 (I April 2022), U.N. Doc. AIHRORES/49.128, para. 1; U.N. Human Rights Council Resolution 49!29 (I April
2022), U.N. Doc. A/HRCIRES/49129. para. 9. Supra, para. 26.
11,0 The obligation of all States Parties to CERD not to render aid or assistance in maintaining L,rael's policic.,; and
practices of racial segregation tantamount to apartheid in the Occupied Palestinian Tenitory also s1ems from Article
3 of the CERD and the obligation to "condemn racial segregation and apartheid". CERD, Article 3.
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KINGDOM OF SAUDI ARABIA
MINISTRY OF FOREJGN AFFAIRS
'Minisrers ~ffice
• '.'[T]o r_-eview • .. v~ri?us fonns of cooperation with the occupying power as Jong as
It continues to adn11111ster the occupation unlawfully."161
84. Additionally, faced with the prolonged illegal occupation by Israel of over five and a half
decades, Israel's manifest non-compliance with and defiance of repeated resolutions and
determinations by the Security Council, the General Assembly and the Court, and the by-now
obvious intention of Israel never to relinquish its occupation and control over the Occupied
Palestinian Territory, the time has clearly come for additional steps to be taken to bring Israel into
compliance. The most measured and clearly applicable further step is for all States to assume an
obligation to affim1atively recognize the illegality and invalidity of Israel's prolonged occupation
of the Occupied Palestinian Territory, including East Jerusalem. Similar to the fonnulation set out
by the Court in the Namibia Adviw,y Opillio11, this obligation would prescribe that all States must:
• "[D]istinguish, in their relevant dealings, between the territory of the State of Israel
and the territories occupied since 1967"; 161
IM U.N. Human Riyhts Council, Repon ~ftlte Sptdal Rapporteur 011 rim Sil11a1lo11 ofH11man Rig/its i11 the Pule.rtinit111
Territories Occupied Sh1ct! 1967. Michael ly11k, U.N. Doc. N72!556, 23 October 2017, para. 66. Sec alro U.N.
Human Righ1s Council Resolution 49/29 (I April 2022), U.N. Doc. NHRC1RESi49/29, para. I I ("Culls 11po11 aU
States ... (b} To implement the Guiding Principles on Busines~ and Human Rights in relation to the Occupied
Palestinian Tenitory, including Ea<it Jerusalem. and to take appropriate measures to help to ensure that businesses
domiciled in their lcnitory and!or under their juri,'ldic1ion, lncluding those owned or controlled by them, refrain from
committing, contributing to. ennbling or benefiting from the human right~ abu.~~ of Palestinians, in accordance with
the expected stand1ud of conduct in the Guiding Principles and relevant international laws and standards, by taking
appropriate steps in view of the irnmitigable nature of the adverse impact or their activities on human righl~ (c) To
provide guidance to individuals and businesses on the financial, reputational and legal risks, including the possibility
of liability for corporate involvement in gross human righL'i abuses and the abuses of the rights of individuals, or
becoming involved in settlement-related activities, including through financial transactions, investments, purchases,
the importation of settlement products, procurement~, loans, the provision of services, and other economic and
financial activities in or benefiting rsraeli settlements, to infonn businesses of these risks in the formulation of their
national action plans for the implementation of the Guiding Principles on Business and Human Rights, and to ensure
that their policies, legislation, regulations and enforcement measures effec1ively address the heightened risks of
operating a business in the Occupied Palestinian Territory, including East Jerusalem."),
161 U.N. Security Council Resolution 2334 (2016), para. 5 (U.N. Dossier No. 1372). See also U.N. General Assembly
Resolution 77/25 (2022), para. 13 (U.N. Dossier No. 516); U.N. General Assembly Resolulion 7:1126 (2022), para. I 6
(U.N. Dossier No. 36); U.N. General Assembly Resolution 77/181 (2022), para. 12 (U.N. Dossaer No. 272).
44
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KINGOOM OFSAUDIARABIA ~\
MINISTRY OF FOREIGN AFFAIRS ,~~~"W ;tJf.l ('i
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•:Minister's office JlJJ.t;.4
• Abstain from entering into treaty relations with Israel in all cases in which it
purports to act on behalf of or concerning the Occupied Palestinian Territory,
including East Jerusalem;163
• Abstain from sending diplomatic or special missions, as well as consular agents, to
the Occupied Palestinian Territory, including East Jerusalem, and "{t]hose States
that have established diplomatic missions at Jerusalem to withdraw such missions
from the Holy City''IM and make it clear to the Israeli authorities that the
maintenance of diplomatic or consular relations with Israel does not imply any
recognition of its authority with regard to the Occupied Palestinian Territory; 16s and
• Abstain from entering into economic and other fonns of relationship or dealings
with Israel on behalf of or concerning the Occupied Palestinian Territory, including
East Jerusalem, which may entrench its authority over the occupied tenitories. t6!1
In paiticular, all States should discourage their nationals or companies of their
nationality not under direct gove111mental control from investing in Israeli
businesses or enterprises in or concerning the Occupied Palestinian Tenitory,
including East Jerusalem, while also recognizing that the products originating from
such occupied territory cannot be deemed a product originated in Israel. 1117
C. Legal Consequences of Israel's Illegal Occupation on the U11ited Nations
85. The Articles on the Responsibility of International Organizations require that international
organizations also cooperate to bring to an end through lawful means any serious breach pursuant
to Article 42 of such Articles, and neither recognize as lawful a situation created by a serious
bJ'each, nor render aid or assistance in maintaining that situation. 168
!OJ Cf Nllmibia Ada•isor,v Opi11io11, p. SS, para. 122.
164 U.N. Security Council Resolution 478 (1980), para. S(b) (U.N. Dossier No. 1274).
l6S Cf Namihia Ad1•isory Opi11io11, p. 55, para. 123.
111& Cf id., pp. SS-56, para. 124.
161 Cf Case C-363118, Organisation jufre e11ropee1111e, Vig11ohle P.ragot Ltd,, Mi11istre de /'Economie et des Fi~a,1ces,
Court of Jus1ice of the European Union, Judgment of the Court (Grand Chamber), 12 November 2019 (holding that
products origina1ing in the territories occupied by lsra_el must bear _th~ indicatio? of their te~•~•'Y . of origin,
accompanied, where those products come from an l~raeh seulement within that tcmtory, by the md1cat1on of that
origin).
161 International Law Commission, Articles on the Re.'lp<lnsibility of International Organization.s, with commentaries
(2011), in Report of the International law Commission 011 the Wor.t of Its Si.\t.v-Third Session (2011), documcnt
45
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KINGDOM OF ~AUDI ARABIA
MINISTRY OF FOREIGN AFFAIRS
'Minister's office _._r
86. As stated above, both the United Nations General Assembly and the United Nations
Security Council have repeatedly declared that the policies and practices of Israel in the Occupied
Palestinian Territory, including East Jerusalem, are in violation of international law, are invalid
and that Israel must rescind those measures.169 However1 Israel has been systematically defiant in
its attitude towards those resolutions.
87. These United Nations organs should continue denying the validity of any legislative or
administrative measures adopted by Israel in furtherance of its unlawful occupation.
88. The United Nations, and especially the General Assembly and the Security Council. should
also consider what further action is required to bring to an end the illegal occupation. In perfonning
this function, these U .N. organs should also require the unconditional and immediate end to the
occupation. All other United Nations bodies and specialized agencies must support, within their
specific fields of competencet the compliance by the General Assembly and the Security Council
of their duties. 110
A/66/10, Chapter V, reproduced in /LC Yettrbook 20/J, Vol. II (2), Article 42 & commentary, p. 83, paras. S-7
(rcfening. lute,• "lia. to the Court's finding.~ in the Wall Advisory Opi11io11).
161 U.N. Security Council Resolution 2334 (2016), para. I ("[T)hc c:."tabfo,hment by Israel of settlements in the
Palestinian territory occupied since 1967, including East Jerusalem, has no legal validity and con~itutes a flagrant
violation under international law.") (U.N. Dossier No. 1372); id., para. 2 ("t.. rael [must] immediately and completely
cease all settlen,ent activities in the occupied Palestinian territory, including East Jeru~lcm and that it fully respect
all ofilS legal obligations in this regard."); U.N. Security Council Resolution 476 ( 1980), para-.. 3-4 ("fA]ll legislat.ive
and administrative measures and action.~ taken by Israel, the occupying Power, which purport to alter the character
and status of the Holy City of Jerusalem . . . are null and void and must he re.5cinded.") (U.N. Dossier No. 1273); U.N.
General Assembly Resolution 77/126 (2022), para. I ("RMffirm., that the Israeli settlements in the Occupied
Palestinian Territory, including East Jerusalem, ... arc illegal and an obstacle to peace and economic and social
development") (U.N. Dossier No. 36)- See al.fo U.N. Security Council Resolution 298 (1971) (U.N. Dossier
No. 1257). U.N. Security Council Resolution 267 (1969) (U.N. Dossier No. 1253); U,N. General Assembly
Resolution 28Sl (XXVI) ( 1971), para. 4 (U.N. Dossier No. 6S5); U.N. General Assembly Resolution 311106 (A, C)
(1976), para. 3 (U.N. Dossier No. 660).
no CJ U.N. General Assembly Resolution S8/163 (2003), para. 2 ("Urges all ~tales and th~ specialized a_gcncies and
organizations of the United Nations system to continue to support and ass,st the Palestm11m people m the early
realization of their right to self•determination") (U.N. Dossier No. 362).
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KlNGDOM OF ~AUDI ARABIA
MINISTRY Of FOREIGN AFFAIRS
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VJ, CONCLUSION
89. The Kingdom of Saudi Arabia respectfully submits that:
;;~~J>y)
a. The General Assembly's request for an advisory opinion satisfies the conditions of Article 96
of the U.N. Charter and Article 65 of the Court's Statute both as regards the competence of
the requesting organ and as regards the substance of the request, and the Court accordingJy
has jurisdiction in this case.
b. There are no compelling reasons why the Court should not render the advisory opinion which
has been requested of it.
c. The foregoing infonnation shall assist the Court in rendering an advisory opinion on the
questions posed by the General Assembly.
Respectfully submitted on behalf of the Kingdom of Saudi Arabia
Minister ofForeign Affairs of the Kingdom of Saudi Arabia
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