Tag Archives: General Assembly

UN’s resolution this week dramatically changed legal context of Israel’s occupation of Palestinian territory

UN-Photograph-Justin-Lane-EPA

Important Takeaways:

  • The United Nations general assembly’s resolution on Wednesday advanced a dramatic legal shift, begun by the international court of justice (ICJ) in July, in how we understand Israel’s occupation of Palestinian territory.
  • The ICJ had found Israel’s prolonged occupation to be unlawful and ordered it to end “as rapidly as possible”.
  • The headline on the general assembly resolution was that it ordered Israel to withdraw from occupied Palestinian territory within one year. But that is only the beginning.
  • International humanitarian law, which governs warfare, is neutral about the fact of occupation but imposes duties on the occupier for how it must treat the occupied population.
  • But the ICJ, and now the general assembly, also looked to a separate body of law which regards prolonged occupation as the illegal forcible acquisition of territory.
  • Israel is violating both sets of laws.
  • The general assembly and ICJ actions also have implications for the international criminal court (ICC), which is currently considering the prosecutor’s request for arrest warrants for Netanyahu and the Israeli defense minister, Yoav Gallant, as well as three senior Hamas officials.
  • The Israeli government will undoubtedly resist, but everyone else has a duty to press it to comply – and to avoid any contribution, military or commercial, to Israeli defiance.

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U.N. chief Guterres appointed for second term

By Michelle Nichols

NEW YORK (Reuters) -United Nations Secretary-General Antonio Guterres was appointed for a second-five year-term on Friday by the 193-member U.N. General Assembly.

“I will give it my all to ensure the blossoming of trust between and among nations large and small, to build bridges, and to engage relentlessly in confidence building,” Guterres told the General Assembly after taking the oath of office.

The 15-member Security Council earlier this month recommended the General Assembly re-appoint Guterres. His second term starts on beginning on Jan. 1, 2022.

Guterres succeeded Ban Ki-moon in January 2017, just weeks before Donald Trump became U.S. president. Much of Guterres’ first term was focused on placating Trump, who questioned the value of the United Nations and multilateralism.

The United States is the largest U.N. financial contributor, responsible for 22% of the regular budget and around a quarter of the peacekeeping budget. President Joe Biden, who took office in January, has started restoring funding cuts made by Trump to U.N. agencies and re-engaged with the world body.

U.S. Ambassador Linda Thomas-Greenfield said the United Nations faced historic challenges, but she hoped that with Guterres at the helm “the next five years will see more peace, more security, and more prosperity than the last.”

“It will require hard work, political will, and accountability from all U.N. member states,” she said in a statement, adding every member states should have “an impassioned commitment” to human rights.

Guterres, 72, was prime minister of Portugal from 1995 to 2002 and head of the U.N. refugee agency from 2005 to 2015. As secretary-general, he has been a cheerleader for climate action, COVID-19 vaccines for all and digital cooperation.

When he took the reins as U.N. chief, the world body was struggling to end wars and deal with humanitarian crises in Syria and Yemen. Those conflicts are still unresolved, and Guterres is also now faced with emergencies in Myanmar and the Tigray region of Ethiopia.

(Reporting by Michelle NicholsEditing by Frances Kerry)

U.S.-Japan trade deal may be finished, announced at U.N. General Assembly: Kudlow

FILE PHOTO: White House chief economic advisor Larry Kudlow speaks with reporters on the driveway outside the West Wing of the White House in Washington, U.S. July 26, 2019. REUTERS/Yuri Gripas

WASHINGTON (Reuters) – A final trade deal between the United States and Japan may be finished and announced at the U.N. General Assembly meetings later this month, White House economic adviser Larry Kudlow said on Friday.

“We announced at the G7 in France – I was over there – the outline of a deal with Japan, that deal may be finished and announced in its entirety at the U.N. meetings coming up in a couple of weeks,” Kudlow said in an interview with Fox Business Network.

(Reporting by Tim Ahmann; Writing by Makini Brice; Editing by Chizu Nomiyama)

Israel’s Netanyahu calls U.N. ‘house of lies’ before Jerusalem vote

Israeli Prime Minister Benjamin Netanyahu attends the weekly cabinet meeting at the Prime Minister's office in Jerusalem December 17, 2017

By Jeffrey Heller

JERUSALEM (Reuters) – Prime Minister Benjamin Netanyahu described the United Nations as a “house of lies” ahead of a vote on Thursday on a draft resolution calling on the United States to withdraw its recognition of Jerusalem as Israel’s capital.

“The State of Israel totally rejects this vote, even before (the resolution’s) approval,” Netanyahu said in a speech at a hospital dedication in the port city of Ashdod.

The 193-member U.N. General Assembly will hold a rare emergency special session on Thursday at the request of Arab and Muslim countries to vote on the draft resolution, which the United States vetoed on Monday in the 15-member U.N. Security Council.

Generating outrage from Palestinians and the Arab and Muslim world, and concern among Washington’s Western allies, President Donald Trump abruptly reversed decades of U.S. policy on Dec. 6 when he recognized Jerusalem as Israel’s capital.

Palestinians have protested daily in the occupied West Bank and in the Gaza Strip since Trump’s announcement, throwing stones at security forces and burning tires. Gaza militants have also launched sporadic rocket fire.

Eight Palestinians have been killed by Israeli gunfire during the demonstrations and dozens wounded, Palestinian health officials said. Two militants were killed in an Israeli air strike in Gaza after a rocket attack.

Trump threatened on Wednesday to cut off financial aid to countries that vote in favor of the U.N. draft resolution, and his ambassador to the world body, Nikki Haley said the United States “will be taking names”.

Netanyahu, in his speech, thanked Trump and Haley for “their brave and uncompromising stance”. He repeated his prediction that other countries would eventually follow Washington’s lead in pledging to move their embassies from Tel Aviv to Jerusalem.

“The attitude towards Israel of many countries, on all continents, outside the walls of the United Nations, is changing and will ultimately permeate into the U.N. – the house of lies,” he said.

Most countries regard the status of Jerusalem as a matter to be settled in an eventual Israeli-Palestinian peace agreement, although that process is now stalled.

Israel considers Jerusalem its eternal and indivisible capital and wants all embassies based there. Palestinians want the capital of an independent Palestinian state to be in the city’s eastern sector, which Israel captured in the 1967 Middle East War and annexed in a move never recognized internationally.

Several senior diplomats said Haley’s warning was unlikely to change many votes in the General Assembly, where such direct,public threats are rare. Some diplomats brushed off the warning as more likely aimed at impressing U.S. voters.

(Reporting by Jeffrey Heller; Editing by Ori Lewis and Angus MacSwan)

New U.N. team aims to bring Syria war crimes to court

man inspects damaged house after airstrike in Syria

By Stephanie Nebehay

GENEVA (Reuters) – A new body is being set up at the United Nations in Geneva to prepare prosecutions of war crimes committed in Syria, U.N. officials and diplomats said on Thursday.

The General Assembly voted to establish the mechanism in December and U.N. Secretary-General Antonio Guterres is due to name a judge or prosecutor as its head this month.

“We expect to start very, very shortly with just a handful of people,” a U.N. human rights official told Reuters.

The team will “analyze information, organize and prepare files on the worst abuses that amount to international crimes – primarily war crimes, crimes against humanity and genocide – and identify those responsible”, she said.

While it would not be able to prosecute itself, the idea is to prepare files for future prosecution that states or the International Criminal Court in The Hague could use.

The focus on prosecutions means evidence collected since 2011 by a U.N. Commission of Inquiry may be sharpened into legal action.

The COI has issued 20 reports accusing the Assad government, rebel forces and Islamic State of mass killings, rapes, disappearances and recruiting child soldiers.

It too lacks a prosecutorial mandate, but has denounced a state policy amounting to “extermination”, and has compiled a confidential list of suspects on all sides, kept in a safe.

Rights watchdog Amnesty International said last week the Syrian government executed up to 13,000 prisoners in mass hangings and carried out systematic torture at a military jail. Syria denied the report, calling “devoid of truth”.

A Swedish court on Thursday sentenced a former Syrian opposition fighter who now lives in Sweden to life in prison for war crimes.

A U.N. report in January put the start-up budget for the new team at $4-6 million. So far $1.8 million has been donated, the U.N. official said. Funding is voluntary, posing a major challenge.

BUILDING CASES

The United Nations aims to recruit 40-60 experts in investigations, prosecutions, the military, and forensics, diplomats said.

“It’s a very important step. It will not only allow court cases but also help us preserve evidence if there are cases in the future,” a senior Western diplomat said.

Legal experts and activists welcomed the initiative.

“The focus is on collecting evidence and building criminal cases before the trail goes cold,” said Andrew Clapham, professor of international law at Geneva’s Graduate Institute.

Jeremie Smith of the Cairo Institute of Human Rights Studies said the United Nations must lay the groundwork for prosecutions ahead of any “exodus” of perpetrators when the war ends.

“This is the only way to make sure criminals don’t get away by fleeing the scene of the crime.”

The new team will seek to establish command responsibility.

“This is mass collection of information on all sides with a view to prosecution in the future by the ICC (International Criminal Court), national courts or in some completely new international tribunal that would be created,” Clapham said.

Many national courts could pursue suspects using its dossiers, he said. States that have joined the ICC could bring cases to the Hague court, without referral by the Security Council.

(Reporting by Stephanie Nebehay; Editing by Alison Williams)