except under specific and very defined derogation principles, while it's also established law that the human rights, law obligations of a state also apply in situations over which such state has control. mr. president, members of the courts, ambassador manoncella has dealt in some detail with the practices of a party perpetrated by israel against the palestinian people, including as the occupying power in the occupied palestinian territory, but at this... juncture, it's also appropriate to recall that the court held in the namibia southeast africa case that to establish and enforce distinctions, exclusions, restrictions and limitations exclusively based on the grounds of race, color, descent or national or ethnic origin constitute a denial of fundamental rights and is a flagrant violation of the purposes and principles of the united nations charter.

"the extent of human rights violations and discriminatory laws and practices by israel with respect to the palestinian population is well documented in various reports of the treaty-based and charter-based mechanisms of the united nations and is recalled in resolutions of the security council and the general assembly. these policies and practices have reach..." the threshold of a partide within the meaning ascribed it in the international convention on the suppression of and punishment of the crime of a partit. while israel is not a party to the part convention, the fourth report on paremptary norms of general international law, cogens by the international law commission special rapporteur, found that the apart convention codified what was already a crime under under customary international law, and that this crime has huce cov'. the prohibition of apart

and racial discrimination is therefore a peremptory norm of international law and binding on all states, including israel. mr. president, members of the court, israel's total disdain and their disrespect for these principles result in the occupation being inherently and fundamentally illegal in terms of international law, just as south africa's prolonged presence in namibia was found by this court to be illegal. mr. president, members of the court, further to finding of illegality, the general assembly also seeks guidance on the wider consequences of such finding. we now turn to the legal consequences for israel, the united nations, and third states. the continued occupation by israel and the palestinian territory, of the palestinian territory, including each jerusalem, as well as the affor mentioned violation of peremptory norms of international law, our breaches of international obligations. constituting

internationally wrongful acts attributable to israel and which invoke the law of state responsibility. the law of state responsibility provides that the state responsible for an internationally wrongful act is under an obligation to see such act and to make reparation an adequate form, as confirmed by this court's predecessor in the factory at chorof case. in the present case, the for mentioned principles of international law. require that israel must bring immediate, unconditional and complete end to the occupation in all its manifestations. this means that israel must immediately sees its illegal settlement activities and all measures aimed at altering the character, status and demographic composition of the occupied palestinian territories and dismantle illegal structures including the settlements and the wall. furthermore, it was immediately, unconditionally and total.

withdraw its occupation forces from the of occupied palestinian territory, dismantle the settler colonial a partite regime against palestinian people, resending all legislative measures adopted with a view to next palestinian land and discriminate against the palestinian people, allowing for the full restitution of palestinian property and for the right to self determination of the palestinian people to be finally realized. the united nations. especially the security council and general assembly, must in all the engagements and actions on the issue of palestine, be guided by the imperative of the implementation of the sacrosant palestinian right to self-determination. to this end, these organs must use all measures within their powers to bring immediate end to the unlawful israeli occupation of the palestinian territory, including jerusalem, east jerusalem. the united nations should also remain seized of the... and continuously

monitor implementation of any order that the court may give to end the racial discrimination and apart by israel in the occupied territory to ensure that the illegal situation is terminated immediately and to ensure that their resolutions are implemented without delay. urgent consideration should also be given in particular to the reestablishment of the special committee with respect to the occupied palestinan territory that will be seized with this matter. third states must immediately act with the view to end though all lawful means and measures, the annexation by israel of parts of the occupied palestinian territory and east. and refrain from rendering assistance or aid in any form to israel for the maintenance of the situation. third states have a positive obligation not to recognize israel's continued occupation and presence in the occupied palestinian territory, as these are

breathes of huscogan's norms of international law, that obligation far too long ignored must now urgently be implemented. mr. president, members of the court, the failure of... the international community to act decisively to end the illegal occupation and annexation of palestinian territory and the settle colonialism, apart practices and continuous human rights violations perpetrated by israel against the palestinian people as a occupying tower across gaza, the west bank including east jerusalem, formed the broader context and the root causes of israel's current military onslot on gaza that has already claimed the lives of an... estimated 30,000 palestinian civilians and has resulted in wide skill destruction and the catastrophic humanitarian situation. mr. president, honorable members of the court, it's often said that the right to life is the font from which all other rights flow. the same could be said about the right to

self-determination. in the absence of self determination, it is impossible for people to realize a plator of other rights. these advisory proceedings present this honor. court with the opportunity to assist in bringing about the immediate and unconditional end to the ongoing unlawful violation of the palestinian right to self-determination. mr. president, distinguished members of the court, this brings an end to an end submission by south africa, i wish to thank the court for your attention. thank you. i think the delegation of south africa for its presentation. monsieur le président, mesdames et messieurs

les membres de la cour, j'ai l'honneur de présenter l'exposé oral de mon pays, la république. algérienne démocratique et populaire dans le cadre de la procédure consultative relative à la requête de l'assemblée générale des nations unies du 30 décembre 2022. je vais le faire sous le bénéfice des quelques remarques suivantes: les deux questions posées par l'assemblée générale ont successivement très, je cite,

this the second day uh in the occupation of palestine is the subject of this uh you had another speaker there but we heard from the south african delegation, there were four of them and they mentioned things like the occupation has persisted persisted. too long and israel has conducted this occupation and defines of international law, hundreds of resolutions have been passed, and yet israel has remained defiant. 3000 killings in the first four months of the genocidal war is another statement made by one of the south african delegation and that israel has continued with decades of impunity and uh human rights violations need to end now and also made a mention to the 1948 nagka. "the two-tier system benefits uh the settlers while imposing harsh conditions on palestinians, another point that was made by uh the south african delegation and that palestinians must be allowed uh to pursue their self-determination uh they also refer to actually one of the speakers uh in the

deliberation said that what israel is doing is genocide uh the settler increase and the settlementts uh increase uh has uh jeopardized. uh the um palestinians rights again and uh the one statement that has been repeated by uh many of the speakers was the palestinian right to self-determination. uh some of these topics obviously are uh repeated often uh but these are the deliberations that are being made by the respective countries of which we anticipate at this point uh roughly about 53 uh to deliver at this point some countries have made their deliberations so uh we will wait and see uh what other countries are going to be coming up and i believe we don't have the translation for this speaker as of yet, so at

this point we're going to leave this out, we will be following the events and occurrences at the icj and bring it to you hopefully a summary of some of the highlights there in our international news coming up at half past the hour. let's goodbye for now. "this is my land and my country. it is not only the 1948 or 1967 borders from the sea to the river, i am not ready to let go of a centimeter. israel is here like any for by the support of the europe, by the support of the united states. that's why the land. well, i was at the babbo sham's protest last week, and i myself had a my head banged again." subus by soldier, illegally on illegal stolen land

and they are arresting us, the palestinian, this is historical palestine.

have you ever thought about life in a desert area? an arid place with suffocating heat? we're going to go back to the h now live, the icj and the deliberations that are taking place the second day. paragraph 58 of its 2004 opinion that, and i quote, the circumstance that others may evaluate and interpret these facts in a subjective or political manner, can be no argument for a court of law to abdicate. its judicial task, end of quote on the third argument, that

pertaining to the existence of negotiating framework, another major classic in this regard, the existence of negotiating framework put in place by the oslo accords was once again put forward in order to invite the court not to... to acceed to the request the general assembly. the court took clearly a position in paragraph 53 of its 2004 opinion by declaring that participants to the proceedings expressed in this regard divergent views and the court, and i quote, cannot regard this factor as a compelling. reason to decline to exercise its

jurisdiction and quote on the absence of aim and purpose of the request of the general assembly. this argument that of the absence of purpose is not new either. here again the court should not accede to it. we can notably refer to paragraph. 60 of its advisory opinion of 2004 where the court rejected it by stating and i quote as it in my judges from the court's jurisprudence, advisory opinions serve to supply the organs that request the elements of legal character that are necessary as part of their activities, and of quote, it added in paragraph 62 that,

and i quote the court cannot decline to... answer the question posed based on the ground that its opinion would lack and useful purpose, the court cannot substitute its assessment of the usefulness of the opinion requested for that of the organ that seeks such opinion, namely the general assembly (end of quote), at the same time that brings to an end the first part of the presentation, part two: the manifestations and consequences of prolonged occupation of palestinian territories and firstly observations on the occupation of palestinian territories. it's an ambiguous notion, if ever there was one,

because located in theory at an intermediate stage, but between war and peace, the notion of occupation found its basis in article 42 the hague rule of 1907, whose customery nation is not contested, as the court recals in paragraph 89 of its opinion on the construction of the wall, without dwelling on the legal regime of occupation, it is important to highlight with a broad brush its most fundamental aspects: in substance, occupation was originally divised in a context that needs to be underscored in which the did not yet exist, the principle prohibiting the use of force, it was divised

as a temporary regime in which the occupying uh power as we know, does not exercise its sovereignty, one may intertralia underscore that it was divised to manage temporary situation between the end of hostilities and the conclusion of peace treaties, it would almost suggest a peaceful relationship between occupier and occupied, regarding which the idea of prolonged occupation was totally inconceived by um the drafters of the time. it's the reason why the right of occupation addresses neither the question of its prolongation nor with stronger reason that of its permanency. the multiplication of

armed conflicts has brought about new forms of occupation. "the realities are far more complex and the states contemporary doctrine, as the icrc regularly question um certain deficiencies of the law of the years 1907 and 1949, the palestinian situation is a striking illustration of the violent contrast that exis. between uh theoretical um appearences that have just been sketched out with very broad brush and reality. algeria considers that the situation created in 1948 and continuity um shows up startly the misuse and

abuse of the concept of occupation by israel in occupied palestinian territory. israel's goal is to reach point of no return in order to discard all possibility of the creation of the palestinian state. this um objective has several forms decided on the basis of situations specific each part of occupied palestinian territory, that's to say is jerusalem, the west bank and the gaz. strip and so occupation is becoming if it hasn't already become so and are a former legal techniques that expressed um each in their own way uh the ride of power. second point

after those brief observations, the colonization of jerus east jerusalem and the west bank and the situation in the gaza street, first corollary of prolonged occupation. in the three parts of palestinian territory we find the same policy and the same uh practice that we can summarize with the formula of fact against law, east jerusalem with the war of uh 1948 the un uh plan for um partition resolution 181 by the general assembly was a first to stopped in its tract and the fet comply um illustrated

by the occupation of the western part of jerusalem by israel in violation of resolution 181 at the same time by the adoption of legislative and administrative measures. including expropriation after the 1967 uh war, israel began to apply its domestic law with the application, but not exclusivel, the adoption of two laws adopted on the same day, 27th of june 1967, this policy will be strengthened even further with the law dated 30th of july 1980, making uh jerusalem the capital a quote full and reunified israel, but in fact it should be characterized as dejury annexation, i'll

return to that, the uh law of 27 of november 20 amended it with the view to consolidating it even further and i quote to prohibit the transfer of all form of government power. and of quote, this law of 2000 was once again amended in 2018 to strengthen its scope even further, so fet accomplie on the one hand followed by the establishment of israeli legal rules in the west bank, here then two successive phases, planned military occupation is followed by the beginning of colonization with the building of hundreds of

settlement and the displacement and confinement of the palestinian people as well as the destruction of their buildings, the most striking feature in the west bank resides in the spectacular increase. in the establishment of settlements between 2012 and 22, the numbers went from 520,00 settlers to 700 thousand, that's quite dizzying figure, and the consequences were of several orders to um move the human beings and also to displays as well as confine the palestinian people and last but not least the construction of infrastructure and the exploitation of natural resources. all

historians of colonization stress the compelling importance of the disposession of land in establishing and accelerating colonization that of algeria. is a particularly striking example, as to gaza, third point, the israeli withdrawal of the gaza strip in 2005 was immediately followed by the blockade and four large-scale uh military operations of which the uh latest is ongoing, how can we... uh focus on the fate of gaza without evoking the current situation. the facts: first of all, in truth, they speak for themselves and the... images

speak volumes, ress ipsoquiter. next, figures that are overtaken the day after their announcement over almost 30,000 dead and twice as many wounded, the destruction of almost half of all essential infrastructure goes hand-in hand with famin, lack of water. really below the minimum level of necessities, the situation of rafa is the latest preoccupation of the international community, in international organizations, its gravity is due to the latest plan by israel to load scale military um operation of

a civilian population. of 1.4 million people stunned and buffeted, a gaza strip that had devastated for a long time and paraphrasing cato the elder obsessed by carthage whose light motif was the term kalanda est, we can say today that gaza destructum est on annexation, annexation is the second corollary of... prolonged occupation, the first being colonization, the legal consequences stemming from the uh dramatic developments of prolonged occupation raises the question of the development of the latter, it's not a new question, it is evoked, sometimes suggested, sometimes frankly - considered um after every war,

notably by israel, but over and above, that the um situation of prolonged occupation since uh 1967 imposes it inevitably in the debate in its resolution of the un, the general assembly expressly referred to the impact of israeli policies and practices on the legal status of occupation regarding the court's juris prudence, algeria would recall in its advisory opinion of 1950 on the international status of southwest africa and as i quote, where it was expressing itself generally on the mandates and i quote the court, the court had underscored that two principle was deemed as of paramount importance, and i quote that of non annexation, paragraph 131 of that opinion.

algeria recalls next the paragraph 121 of the opinion on the 2004 war, the court felt that the construction of the wall and the regime associated there to creates on the ground a fet accompli, fed accomplie in inverted commas creates on the ground fe that might well become permanent, in which case, and not withstanding the official description that israel gives of the wall, the construction of this wall would be tend to mount to de facto annexation, in end of quote in this exit, the court considers first of all that the

construction of the wall and its it then refers to the possibility of their permanency, and it concludes by using the conditional that this the permanence would transform the occupation regime into defactor annexation, in other words, it's the permanence that conditions. the passage from occupation to defactor anexation, so inevitably, this refers to the question of the duration, and we know, as we saw earlier, international law of occupation remains silence, the notion of permanence must be assessed in light of the fact.