International Law and Palestinian Rights
It's also the case of the obligation to rescind all measures
aimed at modifying the demographic composition of occupied
territory, including Jerusalem and the status of the holy places.
And in the same spirit, the prohibition to establish
diplomatic missions in Jerusalem.
The same applies to the obligation to
dismantle settlements in the OPT,
or the obligation to ensure the return of Palestinians
expelled from Israel and from OPT and their
descendants. And to restitute properties
confiscated, be they property, both real and
personal property, to their Palestinian owners.
And to pay them, the, the owners, inter alia, appropriate
compensation. And further, the obligation to search for,
prosecute, and punish the authors of war crimes,
crimes
against humanity, including apartheid or genocide, or other
egregious violations of human rights.
May I be allowed to refer you, members of the court, to
the table you can find at,
uh, tab six one of your folders, which summarizes
on the basis of the replies both of the State of Palestine and
a number of other participants in the proceedings, those
legal consequences on which you are called to rule.
Mr. President, the secondary obligations, if you will, that
I've enumerated thus far,
are the consequence of Israel's practices and
policies pursued in persistent and
egregious violation
of the obligations of peremptory norms of general
international law,
and in first place, of its illegal occupation, its denial of
Palestinian people's right to self-determination, which
is the source of all these
evils.
Were Israel to effectively and swiftly acquit itself of these
obligations, Israel would be partially
reestablishing the situation which existed before the wrongful act
was committed.
Without that, of course, adequately repairing the
immense harm caused to the people of Palestine
since the f- 1948 Nakba.
To the extent that this harm cannot be repaired by
restitution, Israel must discharge two
other obligations consistent with the principles
codified in articles thirty-four, thirty-six, and thirty-seven of articles
two oh-- two thousand and one. Israel must
compensate the victims of its acts
and give satisfaction in reparation of the damage caused by its
internationally wrongful acts in the form of recognition of
its breaches, expressions of regret, formal excuses,
or by any other suitable means.
I won't say more about compensation, except to
recall that reparation must be entire,
and that-
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