Boycott, Divestment, Sanctions: Resisting Apartheid & Racism

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helpful resources

IMEU – PDF: Are the Palestinian Territories Occupied?
IMEU – PDF: Israel’s Blockade of Gaza: Is it Legal?
IMEU – PDF: The Right of Return and Palestinian Refugees
IMEU – PDF: Israel, Gaza, and International Law
BADIL – PDF: 1948 Palestinian Refugees and the Right of Return: International Law Analysis
Birzeit – PDF: Advocating for Palestinian Rights in Conformity with International Law (Birzeit University Institute of Law)
ICAHD – PDF: International Law and House Demolitions
JADALIYYA – PDF: Is Gaza Still Occupied and Why Does It Matter?
NAD – PDF: Claims Resolution Under International Law
OHCHR – Website: International Human Rights Law

The most consistent and universal demand among advocates for justice in Israel/Palestine is that Israel should comply with international law. Therefore, to be effective, advocates will need some familiarity with international law and how it applies to issues in Israel/Palestine. ... to read in full, see: Palestine Portal

Further commentary on violations of Palestinian rights, al Shabaka:

The Escalation of Israeli Collective Punishment of Palestinians

IN further detail

The human rights movement grew out of the disasters of World War II and is at the basis of international law theory and practice. Individuals as well as nations have rights that are not negotiable. Basic civil and political rights of individuals and nations are part of Section 3 (in list below), and include economic, social and cultural rights.

Among the rights of nations are:

the right to self determination
the right to own, trade, and dispose of their property freely, and not be deprived of their means of subsistence

Among the rights of individuals are:

the right to legal recourse when their rights have been violated, even if the violator was acting in an official capacity
the right to life
the right to liberty and freedom of movement
the right to equality before the law
the right to presumption of innocence til proven guilty
the right to appeal a conviction
the right to be recognized as a person before the law
the right to privacy and protection of that privacy by law
freedom of thought, conscience, and religion
freedom of opinion and expression
freedom of assembly and association

quoted from:

The International Covenant on Economic, Social and Cultural Rights (ICESCR)

Optional Protocol to the Covenant on Civil and Political Rights

6. The Convention Against Torture, and other Cruel, Inhuman and Degrading Treatment and Punishment

6.1 Review of provisions
6.2 Reporting Procedure
6.3 Investigative procedure
6.4 Individual Complaints Procedure

7. The International Labour organization (ILO)

7.1 The Complaint Procedure
7.2 ILO Provision on the Rights of the Migrant Worker

8. other norms & standards

8.1 Other International Norms and standards

9. Other International Mechanisms

9.1 Other International Mechanisms including status of women

10. Human Rights and Humanitarian Law

10.1 Persons with Disabilities and Armed Conflicts
10.2 Human Rights in Times of Emergency
10.3 Civilian Persons Hors de Combat
10.4 Special Protection for the Wounded and Sick
10.5 Victims of Land Mines and Armed Conflicts

Cases at the ICC now

PENDING CASES at THE INTERNATIONAL CRIMINAL COURT RELATED TO PALESTINE

All related motions, findings and pre-trial decisions can be found at this link, which has been updated as of June 2020.

Also available is a record of ICC Pre-trial actions and submissions, April 2020 related to claims that the ICC can hear claims against the West Bank, East Jerusalem and Gaza.

The role of the Rome Statute and the signing of that by the government of Palestine allows standing for Palestine in filing cases alleging violations of international law by Israel.

On 1 January 2015, the Government of Palestine lodged a declaration under article 12(3) of the Rome Statute accepting the jurisdiction of the International Criminal Court (ICC) over alleged crimes committed "in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014". On 2 January 2015, the Government of Palestine acceded to the Rome Statute by depositing its instrument of accession with the UN Secretary-General. The Rome Statute entered into force on 1 April 2015.

Background:

In 2009, the Palestine Authority lodged an ad hoc declaration to the ICC accepting the jurisdiction of the Court for crimes committed since 2002. For three years the cases remained pending until the United Nations could determine the status of Palestine within the United Nations as the basis for the ICC having jurisdiction in the cases.

On 29 November 2012,UN General Assembly resolution 67/19 passed, upgrading Palestine to “a non-member observer state” status in the United Nations.[3] The change in status was a “de facto” recognition of the statehood of Palestine.

Joint Open Letter to the Office of the Prosecutor of the International Criminal Court:

Time to Investigate Crimes in Palestine, Time for Justice

BDS Toolkit