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BDS Toolkit

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Boycott, Divestment, Sanctions: Resisting Apartheid & Racism

Boycott, Divestment, Sanctions: Resisting Apartheid & RacismBoycott, Divestment, Sanctions: Resisting Apartheid & Racism

International Law

Humanitarian law and the human rights covenants, policies and interpretations are closely interrelated. This page is a listing of many human rights policies from the United Nations which can be used in supporting BDS actions as part of international law. 

learn more...

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

laws on the books

full language at United nations

Hague Convention II (1899)

United Nations Charter (1945)
Universal Declaration of Human Rights (1948)
Geneva Convention IV (1949)
Additional Protocols to Geneva Convention IV (1977)

Convention on the Rights of the Child 1989


International Covenant on Civil and Political Rights – Full (1966)
International Covenant on Economic, Social and Cultural Rights – Full (1966)
International Convention on Crime of Apartheid – Full (1973)

International Court of Justice, Advisory Opinion, Separation Wall, 2004 – Summary
International Court of Justice, Advisory Opinion 2004 – Full, English and French
UN Press Release – ICJ_Advisory Opinion_2004



UN General Assembly Resolution 194 (1948)
UN Security Council Resolution 242 (1967)
UN Security Council Resolution 252 (1968)
UN Security Council Resolution 267 (1969)
UN Security Council Resolution 338 (1973)
UN Security Council Resolution 446 (1979)
UN Security Council Resolution 452 (1979)
UN Security Council Resolution 471 (1980)
UN Security Council Resolution 476 (1980)
UN Security Council Resolution 478 (1980)
UN Security Council Resolution 2334 (2016)


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



See also

Complete List of Human Rights Issues by topic


The Core International Human Rights Instruments and their monitoring bodies


And see list below for full International Human Rights system. This list on UN page here.



1. Introduction to the International Human Rights System

1.1 Exhaustion of Local Remedies
1.2 Disability Rights at the International Level 

2. The International Covenant on Civil and Political Rights (ICCPR)

2.1 Review of provisions
2.2 Reporting Procedure Under the ICCPR
2.3 Emergency procedure Under the ICCPR
2.4 Individual Communication Procedure 

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

3.1 Review of provisions
3.2 1503 Procedure Under the ICESCR 

4. The Convention on the Rights of the Child

4.1 Review of provisions
4.2 Reporting Procedure
4.3 Thematic Consideration of Issues
4.4 Missions

5. The Convention on the Elimination of Discrimination Against Women

5.1 Review of Provisions
5.2 Reporting Procedure
5.3 Exceptional Reporting Procedure
5.4 Complaint Procedure 

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  



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