Legal analysis and recommendations on implementation of the International Court of Justice, Advisory Opinion, Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

This position paper from the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel provides a legal analysis of the obligations arising from the International Court of Justice’s historic advisory opinion concerning Israel’s policies and practices in the Occupied Palestinian Territory (19 July 2024). It outlines the responsibilities of Israel, third States and the United Nations, including duties of non-recognition, non-assistance and cooperation to bring unlawful situations to an end.  

On the issue of arms and military transfer and trade relating to Israel’s military capability, the paper underscores due diligence obligations, requiring States to review existing and prospective transfers of weapons, equipment, dual-use items and related technology to assess whether such support contributes to maintaining the unlawful occupation or to violations of international law. It further situates military transfers within States’ broader positive obligations under international humanitarian law and the Genocide Convention, including duties to prevent violations and to suspend cooperation where there is a risk that such transfers contribute to unlawful acts.