Video Infoblog: Israel Set Up ‘Coercive Environment’ In Palestine, Says Switzerland At ICJ | Dawn News English

Transcript

0:02

Mr

0:03

President distinguished members of the

0:06

court it's an honor for me to appear

0:09

before you on behalf of the Swiss

0:12

configur Confederation the terrorist

0:15

attacks perpetrated by Hamas and other

0:18

armed groups on the 7th of October 2023

0:22

firmly condemned by Switzerland and the

0:25

ensuing violent confrontation in Gaza

0:28

are today in all our they contribute to

0:32

polarizing even further positions within

0:35

the International Community and

0:38

undermine the prospect of a negotiated

0:41

two-state solution this potentially

0:44

makes the task of the Court more arduous

0:49

but also more necessary than ever our

0:52

presentation will not concentrate on the

0:56

terrible events of 7th of October and

0:59

the situation that flows from it but on

1:02

the legal questions as posed to the

1:04

court on 30th December 2022 which relate

1:08

to the status of prolonged occupation

1:10

Israel has legitimate security concerns

1:15

but also the obligation to comply with

1:18

international law similarly the pan

1:22

Palestinian people has the right to

1:24

self-determination with the aim of

1:26

living in peace and Palestine has the

1:30

obligation to respect international law

1:33

and fair and Lasting solution can only

1:37

be achieved on the basis of the rules of

1:39

international law a good understanding

1:42

of the content

1:44

of the obligations under international

1:47

law is therefore a precondition for

1:49

negotiating a solution that reflects the

1:52

legitimate interest of both parties thus

1:55

it's therefore essential to better

1:58

understand the legal question questions

2:00

relating to measures taken within the

2:03

framework of the prolonged occupation of

2:06

Palestinian territory the opportunity

2:08

for the court to provide an impartial

2:12

response based on International to the

2:15

questions posed by the general assembly

2:18

and thereby provide a basis for a

2:20

negotiated solution therefore remains

2:25

essential my oral presentation will

2:29

focus on the specific issues linked to

2:32

the prolonged occupation under the angle

2:34

of international humanitarian law and

2:38

human rights law moreover I'll refer to

2:42

our written submission of 17 July

2:45

2023 and to the developments contained

2:51

therein the law of uh the occupier and

2:55

the legality of occupation are two

2:57

distinct questions the law of occup

3:00

occupation applies independently of the

3:02

question of the legality of occupation

3:04

occupation is a situation that is

3:07

governed by International

3:10

humanitarian and human rights law

3:12

whereas the legality of it is governed

3:17

by the UN Charter the potentially

3:19

illegal character of an

3:22

occupation uh must not call into

3:24

question the fundamental separation

3:26

between use ad Bellum and use in Bellow

3:30

the right of

3:32

occupation continues to apply in

3:35

Palestinian territory irrespective of

3:38

the question of the legality of the

3:41

occupation as such the prolonged

3:45

character of an occupation has no

3:47

incidence on its Conformity with use in

3:51

Bella no provision of humanitarian law

3:55

prohibits prolonged occupation what's

3:57

more prolonged occupation remains by

4:00

governed by humanitarian laws

4:02

supplemented by human rights law

4:04

irrespective of a de facto possible

4:08

annexation nevertheless occupation is

4:10

understood as a temporary situation

4:14

occupation that is prolonged may lead to

4:17

a tension between on the one hand the

4:20

obligation for the occupier to maintain

4:22

the status quo an on the other hand to

4:25

ensure the wellbeing of the occupied

4:28

population it is this tension and its

4:31

legal consequences that I'd like to

4:34

deepen within the framework of this oral

4:37

submission to do this I'll begin by

4:40

generally addressing the uh prolonged

4:44

occupation and the challenges it poses

4:47

from the standpoint of humanitarian and

4:50

human rights law next I'll analyze three

4:53

uh concrete uh areas illustrating this

4:57

tension the need to interpret and apply

5:00

contemporary international law in an

5:03

evolving and system systemic manner to

5:05

ensure protection and well-being of the

5:07

population the concrete areas addressed

5:10

are firstly the legislative

5:13

administrative competencies of the

5:14

territory secondly access to um items

5:19

that are indispensable to the survival

5:22

of the population and protecting

5:24

dignified life and lastly use of force

5:27

in occupied territory allow me first of

5:32

all to

5:36

address the legal challenges posed by

5:41

prolonged occupation the rules of the

5:46

law of occupation were not developed to

5:50

regulate situation of occupations

5:52

lasting several decades they're based on

5:54

four fundamental principles that

5:56

underscore necessary temporary nature of

6:00

occupation and to establish a balance

6:02

between uh military and humanitarian

6:07

necessity firstly the occupier doesn't

6:10

acquire sovereignty over the territory

6:12

he occupies unilateral measures calling

6:15

into question the territorial status quo

6:18

are therefore never admissible a

6:21

modification of the status of occupied

6:24

territories can only be invis within the

6:26

framework of a negotiated solution

6:28

secondly the occup must maintain the

6:31

status quo ante and not take measures

6:36

that might lead to permanent changes in

6:39

particular from the social economic and

6:42

demographic standpoint thirdly the

6:44

occupier must maintain security and

6:47

public order in the occupied territory

6:50

and administer it in order to ensure the

6:54

protection and well-being of protected

6:57

person forcly the occupier must not

7:01

exercise his authority for the purposes

7:05

of serving his own interest that of his

7:07

territory or his

7:08

population within the framework of a

7:11

prolonged occupations tensions might

7:14

indeed appear between these four

7:16

principles for example the well-being of

7:18

the civilian population might

7:20

necessitate changes to the status quo in

7:23

this context there's a need to

7:26

distinguish clearly unlawful

7:29

situations that undermine the status quo

7:32

such as for example settlements from

7:35

those where the status quo would in fact

7:37

be maintained to the detriment of the

7:40

population of the occupied

7:42

territory in this case of a prolonged

7:45

occupation it is vital that the

7:48

maintenance of the status quo should not

7:51

be understood as a freeze on the

7:53

situation but as signifying that the

7:56

populations of occupied territories must

7:59

continue to be able to leave a normal as

8:04

life as possible in dignity occupied

8:07

territories must not remain Frozen in

8:11

time but be able to move with their time

8:15

to address the legal tensions and

8:19

challenges specific to a prolonged

8:22

occupation it's important to recall the

8:25

function and the purpose of humanitarian

8:28

law

8:30

are to protect and ensure the wellbeing

8:35

of the population and not to justify

8:40

intrusive measures in the interest of

8:42

the occupying power the obligation of

8:45

the occupying power to ensure the

8:47

well-being of the occupied population

8:49

calls for an interpretation in favor of

8:53

the higher interests of the population

8:56

living under occupation

9:01

in order to resolve the tension between

9:05

the aforementioned principles and better

9:09

determine the legality of measures taken

9:11

by the occupier during a prolonged

9:13

occupation I suggest three criteria

9:17

derived from a combined interpretation

9:20

of humanitarian and human rights law

9:23

firstly the adoption of specific

9:25

measures going a priori against the

9:29

obligation of maintaining the status quo

9:31

to serve the interests of the Occupy is

9:34

not admissible except for overriding

9:39

security reasons and as long as the

9:44

well-being of the population is not

9:47

affected in a disproportionate manner

9:50

over the long term included secondly

9:52

specific measures running counter the

9:54

obligation to maintain the status quo

9:57

can be adopted if if they benefit the

10:00

population of the occupied territory

10:03

consistent with human dignity and take

10:07

account of The Wishes of the population

10:10

in the occupied territory and its

10:13

historical and cultural specificities

10:15

lastly thirdly the adoption of such

10:18

measures is statutory when these uh

10:22

measures amount to parallel obligations

10:25

of humanitarian and human rights law if

10:29

humanitarian law was specifically

10:31

designed to govern situations of armed

10:34

conflict it remains that uh human rights

10:38

remain fully applicable in situation of

10:42

occupation the Fourth Geneva Convention

10:44

compels the occupying power to assume

10:47

active responsibility for the well-being

10:49

of the population under its control this

10:51

obligation to protect the population

10:54

under occupation and to promote its

10:58

well-being is concretized in the

11:00

obligation to respect to protect and to

11:05

fulfill the human rights of the occupied

11:08

Pol population the characterization on

11:12

humanitarian law of Lex specialism is

11:15

therefore not be construed as meaning

11:17

that this law overrides human rights in

11:20

principle there's no direct

11:22

contradiction between the obligations

11:24

arising out of uh humanitarian law and H

11:28

rights law on the contrary humanitarian

11:31

and human rights law mutually

11:33

reinforcing thus article 27 of the

11:36

Fourth Geneva Convention uh requires

11:39

that the fundamental rights of protected

11:42

persons be respected in all

11:45

circumstances it proclaims the respect

11:47

of the human person and the inalienable

11:51

right of its uh fundamental rights in

11:55

the event of prolonged occupation the

11:57

relevance of Human Rights is all the

12:00

more significant the logic of

12:03

humanitarian law is aimed at immediately

12:07

ensuring the essential minimum needs of

12:10

the

12:12

population this must be supplemented by

12:14

the need of ensuring uh over the long

12:18

term a dignified life thus the balance

12:21

between humanitarian and human rights

12:23

law fluctuate with the prolonged

12:26

character of an occupation the longer

12:28

the occupation is prolonged the more the

12:31

respect for and guarantee of human

12:34

rights are

12:35

important to close this part I'd like to

12:39

stress that all actors exercising de

12:43

facto control are also bearers of

12:46

obligations at Israel's side the

12:49

practice of un organs recognizes that at

12:52

minimum an armed nonstate actor

12:55

exercising the governmental type

12:58

functions or controls in fact a

13:00

territorial population must uphold and

13:04

protect the human rights of the

13:06

inhabitants Palestine having notably uh

13:10

ratified convenant 1 and two of the UN

13:14

relating to Human Rights and the UN

13:16

convention Against torture has a

13:19

positive obligation to take all measures

13:21

in its power and compatible with

13:22

international law to assure two persons

13:25

living in these parts of its territory

13:27

the rights guaranteed by the convention

13:30

Israel and Palestine are under

13:32

obligation to cooperate and support one

13:36

another and not to weak one another in

13:39

their efforts to ensure the well-being

13:41

of the population victims must also uh

13:45

be able to seek reparation for

13:48

violations or abuse of their rights

13:51

whoever the actor at the origin of their

13:54

grievance in order to

13:56

ensure effective RIS respect of Human

13:59

Rights these various actors must

14:01

cooperate by taking into account the the

14:04

scale of their obligation will veryy

14:07

notably of the control they exercise and

14:11

the resources available to

14:16

them I come now to the uh concrete areas

14:22

starting with that of U legislative and

14:26

administrative competences ter

14:29

by virtue of the principle of

14:31

maintaining the status quo the occupi

14:34

cannot take measures bringing about

14:36

permanent changes in particular the

14:40

social economic and demographic

14:42

standpoint the occupier must restore and

14:46

ensure as far as possible public order

14:49

and safety while respecting unless

14:53

absolutely prevented the laws enforc in

14:55

the country however by virtue of article

14:58

64 paragraph 2 of The Fourth Geneva

15:01

Convention we

15:02

can deduce that the occupier might

15:06

introduce new laws if these are

15:09

indispensable to ensure a the security

15:12

the Occupy B order of public life and

15:17

thirdly respect for humanitarian law so

15:21

um

15:22

human rights are not in the exceptions

15:25

of maintaining local law an updated

15:28

reading of humanitarian law requires

15:30

that their respect be guaranteed thus in

15:33

the case of prolonged occupation the

15:35

obligation to ensure public order and

15:39

safety implies that the occupier

15:42

administers the territory in such a way

15:45

as to ensure protection and well-being

15:49

of protected persons not only respect

15:51

and protect but also provide them with a

15:57

right to a dignified

15:59

life this of course means that he has to

16:03

uh move away from the status quo Mr

16:06

President members of the Court the

16:07

adoption as measures such as uh planning

16:11

zoning contradicts the previously

16:13

mentioned criteria this regime

16:17

contributes to put in place a coercive

16:21

environment aggravating the risk of forc

16:25

transfer aside from the fact that this

16:27

regime calls into question the

16:30

Territorial and demographic status quo

16:33

by promoting Israeli settlements it

16:36

cannot be justified under security

16:39

requirements because it excessively

16:42

affects the well-being of the population

16:45

and is discriminatory in the event of

16:47

prolonged occupation the occupier is

16:50

required on the contrary to encourage

16:53

planning and development of the occupied

16:55

territory as a priority through local

16:58

authorities and institutions in favor of

17:02

the local population this requires Mr

17:05

President members of the Court a

17:07

cooperation with local

17:10

institutions support and a strengthening

17:13

of the latter and not their

17:21

erosion I will now turn to the second

17:25

concrete area that's to say access to uh

17:30

vital Goods for the survival of the

17:33

population and protecting a dignified

17:36

life humanitarian requires that the

17:40

occupier supplies the population with

17:43

Essentials for its survival the

17:45

obligation to restore order and public

17:48

like must be interpreted broadly and

17:51

designate the various aspects of the

17:53

life of the population the occupier is

17:56

therefore entitled to make changes going

18:00

a priori against the status quo as long

18:03

as they're necessary to improving local

18:07

life as indicated above the conditions

18:11

of existence of the population under

18:14

occupation are also governed by human

18:17

rights which notably in a context of

18:20

prolonged

18:21

occupation uh support and reinforce

18:24

humanitarian law the Occupy must

18:27

immediately enure a minimum enjoyment of

18:31

economic social and cultural rights and

18:33

refrain from adopting measures that

18:35

would limit their exercise next with the

18:37

prolation of occupation the obligation

18:40

to uh grad a gradual achievement comes

18:44

into play it requires the occupi fully

18:47

assumes the exercise of these rights in

18:50

time furthermore by virtue of the right

18:53

to life the occupier has the obligation

18:57

to G generate conditions of existence in

19:01

accordance with human dignity for

19:03

persons living under his H juristiction

19:06

in the face of prolonged occupation the

19:09

economic and social development of the

19:12

territory may require longterm changes

19:15

which opposed to maintaining the status

19:19

quo this of course creates obligations

19:21

for Israel as occupying power as well as

19:24

for Palestinian actors Mr President

19:27

members of of the Court these uh

19:31

regressive uh measures and the use of

19:34

resources on Palestinian and unoccupied

19:38

uh Palestinian

19:40

territory regressive measures and the

19:43

use of resources of the occupied

19:46

Palestinian territory for the needs of

19:48

the occupi clearly run counter to the

19:52

previously mentioned criteria they

19:54

require modifications of the status quo

19:58

for the interests of the occupier to the

20:01

detriment of the Palestinian population

20:03

furthermore the absence of a gradual

20:05

realization of Human Rights is an issue

20:09

of

20:12

concern lastly

20:15

third specific area Illustrated in the

20:20

context of prolonged occupation the

20:22

tension between the right of the

20:25

occupied to guarantee his security the

20:27

obl ation to ensure the well-being of

20:29

the population by using the example of

20:32

the use of force in operations to

20:35

maintain order under article 43 of the

20:38

hag regulations the occupier

20:43

may use Force to restore and ensure as

20:47

far as possible public order and safety

20:50

however such a use of force uh should

20:53

not lead this be a matter for the

20:57

conduct of hostile facilities article 43

21:00

is but a referral to rules of

21:01

maintaining order that re form part of

21:05

Human Rights and the right to life

21:08

maintaining order rests on three

21:10

principles necessity proportionality and

21:13

precaution by way the principle of

21:14

necessity the use of lethal force can

21:19

only be used in Last Resort and must

21:23

pursue an

21:26

objective goal such as self-defense or

21:30

to defend a third party in the event of

21:32

imminent threat to life this imminence

21:34

criteria is strict and cannot authorize

21:38

use of force preventively furthermore

21:40

the use of force must always be

21:45

individualize a crowd of demonstrators

21:48

cannot be considered as such as a threat

21:52

to life furthermore a differentiated use

21:54

of forth must be used if possible this

21:59

requires supplying um appropriate

22:02

equipment and weapons for maintaining

22:04

order including water cannons batons and

22:08

rubber bullets by virtue of the

22:09

principle of proportionality the gree of

22:11

force used must be um strictly

22:16

proportionate to the gravity of the end

22:19

and the uh legitimate goal to be reach

22:22

incidental losses are generally not

22:25

tolerated and the life of persons who

22:29

disrupt order must be taken into

22:32

consideration when weighing up the

22:34

interest by virtue of the precautionary

22:37

principle law and or order operations

22:41

must be planned with the goal of

22:44

avoiding the use of lethal force all

22:48

this is uh removed from a logic specific

22:51

to the conduct of hostility in the

22:53

context of occupation that is prolonged

22:57

maintain of ORD applied by default

23:00

hybrid situations of Civilian and

23:03

hostile violence must be far rarer than

23:07

the context of inent occupation weapons

23:10

and equipment made available to

23:12

occupying or Security Forces must be

23:15

similar to those which are used by

23:18

States in peacetime the use of combat

23:22

weapons and the uh use of snipers it

23:28

even more

23:30

inappropriate during long-term

23:33

occupation the

23:35

militarization of maintaining order

23:38

operations must be avoided exante when a

23:43

legitimate uh legislative and

23:46

administrative framework must be put in

23:48

place to regulate the use of force and

23:50

the training of Israeli forces must be

23:52

consistent with International

23:55

maintenance of order

23:58

expost any use of lethal Force must be

24:02

the subject of an actual investigation

24:04

to ensure accountability and in the case

24:07

of proven violations of human rights

24:11

there is a requirement to bring those

24:13

responsible to Justice Israel as an

24:16

occupying power must protect the

24:18

civilian Palestinian population in the

24:22

West Bank the violence exercised by

24:25

individuals such as

24:28

settlers towards the population of the

24:32

occupied Palestinian territory must also

24:36

be

24:37

investigated and where appropriate

24:40

subject to criminal proceedings the

24:42

positive obligation to protect the op

24:45

population from third parties is an

24:48

essential component of the right to life

24:51

in conclusion prolonged occupation May a

24:55

priori give rise to tensions between

24:57

maintaining the status quo security of

25:00

the occupi and the well-being of the

25:02

population these tensions are resolved

25:07

uh by humanitarian law supplemented by

25:11

human rights law the longer the um

25:17

occupation the more respect and

25:20

guarantee of human rights are important

25:22

the joint application of these two legal

25:25

regimes strengthens the protection of

25:27

popul ations living under occupation and

25:30

may impose specific measures that run

25:33

counter to the obligation to maintain

25:36

the status quo

25:37

thus the development of the territory

25:40

requires the adoption of positive

25:43

measures in favor of the population of

25:46

the occupied territory similarly the

25:49

well-being of the population requires

25:53

Transformations aimed at improving its

25:56

conditions of life lastly in the

25:58

presence of a prolonged occupation the

26:01

use of force is presumed to form part of

26:06

Law and Order all parties must prevent

26:09

violence and the Resurgence of hostility

26:13

in order to guarantee a life as

26:16

dignified and as normal as possible to

26:18

the population in this Spirit Israel and

26:21

Palestine must cooperate and support one

26:24

another mutually and not weaken one

26:26

another or the authority of the other

26:28

party Mr

26:30

President members of the Court this

26:33

brings to an end the

26:35

written uh submission of Switzerland

26:37

thank you for your

26:43

attention

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