Breaking down the UN vote on Israel’s occupation of Palestine

The UN General Assembly has passed a resolution calling for the opinion of the International Court of Justice (ICJ) on the legal consequences of Israel’s illegal occupation of Palestinian territory and discrimination against the Palestinians.

In a resolution backed by 87 countries, the UN asked the ICJ to determine the legal consequences arising from Israel’s “continuous violation of the Palestinian people’s right to self-determination” and its prolonged occupation that “aims at changing the demographic composition, character, and status of the Palestinian territory since 1967”.

Hundreds of Palestinians, including women and children, have been killed by Israeli security forces in the occupied territories in what has become one of the bloodiest conflicts in modern times.

Here’s what happened at the UN.

Palestinian ‘victory’

The UN resolution asked the ICJ to advise on how those policies and practices “affect the legal status of the occupation” and what legal consequences arise for all countries and the UN from this status.

The ICJ had earlier weighed in on the issue of Israel’s occupation in 2004, when it ruled that Israel’s wall in the occupied West Bank and East Jerusalem was illegal. 

READ MORE:Palestinians hail UN vote on Israel's occupation as victory for diplomacy

Israel had rejected that ruling then as it has now, accusing the court of being politically motivated.

While 23 voted against the latest UN resolution, 53 abstained.

Western nations were divided, but the Islamic world, including Türkiye and Arab governments that have normalised relations with Israel, supported the UN move. China and Russia also voted in favour of the resolution.

Palestinian officials praised the UN vote as a victory. 

Riyad Mansour, the representative of Palestine to the UN, hailed the nations that were “undeterred by threats and pressure” and supported the resolution. 

“This vote comes one day after the new Israeli government was formed pledging to accelerate colonial and racist policies against the Palestinian people,” Mansour said.

“(The) time has come for Israel to be a state subject to law, and to be held accountable for its ongoing crimes against our people,” said Nabil Abu Rudeineh, the deputy prime minister of the Palestinian national authority.

Israeli Prime Minister Benjamin Netanyahu described the UN vote as “despicable”. 

“The Jewish people are not occupiers on their own land nor occupiers in our eternal capital Jerusalem and no UN resolution can warp that historical truth,” he said in a video message. 

The genesis

Israel captured the West Bank, Gaza and East Jerusalem - areas the Palestinians want for a state – in the 1967 Six-Day War. The occupation continues to the present day with systematic human rights violations against Palestinians living there.

Israel claims the whole of Jerusalem as its capital, while the Palestinians say East Jerusalem is the capital of a future Palestinian state.

The occupied Palestinian territories have been under Israeli military control since 1967, making it the most prolonged occupation in modern history. 

Israel has established dozens of Jewish settlements in the occupied West Bank since it regards possessing that territory as vital to its security.

An estimated 500,000 Israelis live in settlements built in the occupied East Jerusalem. Palestinians in the city are subjected to systematic discrimination, making it difficult for them to build new homes or expand existing ones.

In 2005, amid violence between Israelis and Palestinians, Israeli Prime Minister Ariel Sharon decided to withdraw from Gaza, saying it was the best way for Israel to end the conflict and decrease its vulnerability to "terrorism".

The US is one of the few nations to recognise Jerusalem as Israel’s capital.

A divided world

In 2004, a separation barrier was built by Israel inside parts of the West Bank, which prevents Palestinians from accessing considerable parts of the occupied territories. 

The ICJ said that a separation barrier was “contrary to international law” and called on Israel to halt construction immediately.

The US has disseminated confusing signals to Israelis and Palestinians for thirty years. 

Even though establishing a democratic state of Palestine and a two-state solution have been endorsed by successive administrations, they have refrained from stopping Israel’s illegal expansion.

And though the Human Rights Council and UN say the 53-year-old Israeli annexation is the cause of human rights violations against Palestinians, Israel has announced plans to extend sovereignty over more than 235 illegal Israeli settlements in the occupied West Bank, an estimated 30 percent of the disputed area.