Do Palestinians have the right of self-determination? The answer is: YES. The International community and the ICJ have already affirmed it. The right to self-determination has been recognized by the General Assembly as one of the “basic principles of international law”
The United Nations Charter states that one of the aims of the Organization is to foster friendly relations that are grounded in the principles of equal rights and self-determination for all peoples. Article 1 , Paragraph 2 of the UN Charter declares that it is one of the purpose of the UN “to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace”
If the right to self-determination is one of the purposes of the UN, and if the ICCJ has declared this right as among the erga omnes, how can the Palestinians be denied this right?
The significance of self-determination has been highlighted in many resolutions that the right applies to all peoples and regions that have not yet achieved independence.3
The CJ has explained that the right of all peoples to self-determination is “one of the essential principles of contemporary international law”
Furthermore, the International Court of Justice (ICJ) has acknowledged that the duty to uphold the right to self-determination is a universally binding obligation, meaning that all states share a legal responsibility to safeguard this right.
Article 1 of the International Covenant on Economic, Social and Cultural Rights provides: “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.”
The ICJ has affirmed, the right to self-determination is a fundamental human right.6
The General Assembly has repeatedly declared that the right to self-determination as an “inalienable right” . It holds that “there is no alternative to the principle of self-determination”.
The ICJ has declared that : “ Israel, as the occupying Power, has the obligation not to impede the Palestinian people from exercising its right to self-determination, including its right to an independent and sovereign State, over the entirety of the Occupied Palestinian Territory”
Furthermore the Court has explained that : “ Israel’s annexation of large parts of the Occupied Palestinian Territory violates the integrity of the Occupied Palestinian Territory, as an essential element of the Palestinian people’s right to self-determination.”
Pertinent to mention here is the fact that Self-determination is a principle of international law, regarded as a jus cogens rule.
David Ben-Gurion, Israel’s inaugural Prime Minister, expressed thoughts back in 1931 that still resonate powerfully in today’s context.: The Arab in Palestine has the right to self-determination. This right is not limited, and cannot be qualified by our own interests… It is possible that the realization of the aspirations (of the Palestinian Arabs) will create serious difficulties for us… but this is not a reason to deny their rights.
How can they exercise this right? Does international law or the UN provide any answers?
Should we really believe that such rights are on the menu, but only some get to order? Welcome to the buffet of rights—please note, some nations are only allowed to look at the menu!
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