Exposing Israel's Fraudulent Third Periodic Report to the UN - by Stephen Lendman
On October 18, the Palestinian Centre for Human Rights offered an "Alternative Report" response to Israel's submission, sent to the UN Committee on Economic, Social and Cultural Rights (CESCR).
Submitting to the UN, Aharon Leshno Yaar, Israel's Permanent Representative to Geneva said "Israel was proud of its long-lasting recognition of the inherent dignity and the equal and inalienable rights of all members of the human family," omitting to explain he means only Jews, no others, especially Muslims. State belligerence for over six decades proves it. PCHR reviewed recent facts, documenting them in its report. Previous articles discussed them it detail, but they bear repeating. By so doing, peace and self-determination for a beleaguered people may come sooner.
Israeli Violations of the International Covenant on Economic, Social and Cultural Rights (ICESCR)
PCHR addressed each article, detailing Israel's noncompliance, presenting indisputable, convincing evidence. In its July 9, 2004 "Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory," the International Court of Justice (ICJ) ruled that:
"In the exercise of the powers available to it on this basis, Israel is bound by (ICESCR provisions)." Throughout its history, however, Israel has grievously violated all international laws, committing crimes of war and against humanity repeatedly, the latter virtually daily in the Territories.
After its 2005 disengagement, Israel claims Gaza was no longer occupied. Therefore, it no longer had ICESCR or other treaty obligations. False on both counts, the ICJ stating that:
"the State's obligations under the Covenant apply to all territories and populations under its effective control."
Israel has controlled Gaza since 1967, today under a medieval siege, little changed after Israel's bogus June easing. The UN Security Council, General Assembly, Special Rapporteur (for Palestine), and the ICRC all said Israel has control. Therefore, it's bound by all international law provisions.
ICEESC's Article 1: Right to Self-Determination
"All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development."
Israel, however, denies Palestinians that fundamental human right, what the ICJ calls "one of the essential principles of international law."
The Court also stated:
"The principle of self-determinatin of peoples has been enshrined in the United Nations Charter and reaffirmed by the General Assembly in resolution 2625 (XXV)" under which "Every State has the duty to refrain from any forcible action which deprives peoples....of their right to self-determination."
PCHR's report "show(ed) through an article-by-article analysis of the ICESCR that Israel's longstanding belligerent occupation of (Palestine) prevents (its people) from freely determining their political status or pursuing their economic, social and cultural development."
According to international law and numerous UN resolutions, Israel's occupation is illegal, especially with regard to self-determination.