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Foreign l\linistry
Written Statement submitted by the Sultanate of Oman concerning the Advisory
opinion by the International Court of Justice on the legal consequences arising
from the policies and practices of Israel in the Occupied Palestinian territory,
including East Jerusalem.
Oman supports UNGA resolution 77 /247 of 30 December 2022 in which the Assembly
requested the court to render an advisory opinion in relation to two specific issues
namely;
a) What are the legal consequences arising from Israel's ongoing violation of the
right of the Palestinian people to self-detennination, 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?
b) How do Israel's policies and practices refe1Ted to in paragraph (a) 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?
Regarding paragraph (a) the Sultanate of Oman requests that the following issues
are taken into account;
I . Violation of the Right to Self-Determination
That the occupation, settlement, and annexation of Palestinian Territory
occupied since I 967 by Israel obstmcts the realisation of the Palestinian people's
inalienable rights, including their right to self-detennination and right to return.
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Foreign Ministry
There is an overwhelming intemational agreement on the existence of the right
to self-detennination and its continued denial in the Occupied Palestinian
Territories. The right to self-detennination is enshrined, inter alia, in article 1(2)
of the Charter of the United Nations. The UN General Assembly has consistently
reaffinned the right of the Paiestinian people to self-detennination. The UN
Security Council has called for an end to the Israeli occupation and the
establishment of two states based on the I 967 lines. The Human Rights Council
consistently recognises the ' inalienable, pennanent and unqualified right to selfdetennination
of the Palestinian people' .
Arising from these clear and consistent breaches of international law in
maintaining a 57 year occupation, the Court should detennine that the
Government oflsrael should bring to an immediate and unconditional end to all
activities, policies and laws that prevent and impede Palestinian selfdetennination
principally by ending the occupation of the Palestinian Territory.
The Court should recognise the clear responsibility on all States to support the
establishment of Palestinian self-detennination in line with UN resolutions and
the UN Charter.
2. Prolonged Occupation, Settlement and Annexation of Palestinian Territory
The consistent and systematic unlawful transfer oflsraeli citizens to settlements
in the Occupied Palestinian Territory over decades is designed to perpetuate the
occupation and make it pennanent. A concomitant of this policy is the
displac·ement of Palestinians and the establishment of a coercive system of
discriminations, zoning, planning, unlawful land appropriation, arbitrary arrest,
and arbitrary violence since 1967.
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Foreign i\l inistry
This forcible displacement of the occupied people and the transfer of citizens of
the occupying power to the occupied territory is prohibited under article 49 of
the Fourth Geneva Convention on the Protection of Civilian Persons in Time of
War. Article 1 of that Convention stipulates that every High Contracting Party to
the Convention is under an obligation to ensure compliance in all circumstances.
The United National General Assembly, United Nations Security Council and
United Nations Human Rights Council have consistently and repeatedly
condemned Israel's efforts to alter the demographic character and status of the
Occupied Palestinian Territories.
The International Community has an obligation to prevent unlawful annexation
of Palestinian land. A fundam ental principle of international law as reflected in
the Charter of the United Nations is that the usc of force in any form is
prohibited. Consequently acquisition of territory by use of force is illegal. The
57 year occupation and settlement policy of the State of Israel is preventing the
establishment of a contiguous, viable Palestinian State and is an affront to
international law.
The Court should find that the legal consequences for the Government of Israel
in this regard should include the immediate cessation of all illegal acts including
settlements and associated legal and administrative frameworks. Clearly,
reparations for, and dismantling of, illegal structures and legal frameworks is
also an imperative.
Third States are under a clear obligation not to recognize or assist the illegal
situation present in the Occupied Palestinian Territory. State parties to the
Geneva Convention relative to the Protection of Civilian Persons in Time of War
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Foreign Ministry
are under obligation to ensure Israeli compliance with international humanitarian
law as embodied in the convention, including the unlawful transfer of citizens in
occupied tenitories.
UN General Assembly Resolution 77 /25 called upon all states ' consistent with
their obligations under the Charter and relevant Security Council resolutions' to
a policy of non-recognition, non-cooperation, non-assistance to the Israeli
occupation and to ensure respect for international law in this regard.
3. In summary, the primary legal consequences arising from Israel 's behaviour is
that there is now a de facto annexation by Israel of the Palestinian territories.
Regarding paragraph (b) the Sultanate of Oman requests that the following issues
are taken into account;
1. Legal Status of Occupation
The conduct and practices of an occupying power are well-documented and
strictly regulated in international law. The 411t Geneva Convention is clear that an
Occupying Power may not transfer its civilian population to occupied territories.
In addition, international law does not provide for permanent occupation or
occupation legitimised through establishment of demographic change through
settlement. The 57 year duration oflsraeli presence in the Occupied Palestinian
Territories and the persistent policy of settlement renders the Israeli occupation
illegal and in breach of the UN Charter.
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ForciJ!n Mlnl\ lry
TI1e Court should detennine that Israel should bring to an immediate and
unconditional end to this unlawful situation. Third States should support these
efforts.
Signed and submitted on behalf of the Government of the Sultanate of Oman by
Badr bin Hamad bin Hamood Albusaidi
Foreign Minister
Sultanate of Oman
Date: 20th July 2023
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Written statement of Oman