Defending Israel Directly Before the UN Human Rights Council

Israel is one of America’s most important allies and remains under constant threat from its enemies. They plot their next moves against the Israeli people in the form of jihadist rocket attacks, threats of open war from the Palestinian Authority, and international lawfare tribunals. Unfortunately, President Biden emboldens Israel’s enemies by sending American taxpayer dollars to the Palestinian Authority, which pays bounties for killing Israelis and Americans.

Since Israel is such a vital ally, we recently advocated on its behalf at the U.N. – where we participate at many levels. Due to our European affiliate’s special consultative status with the U.N. ECOSOC, we are able to make oral interventions before the U.N. Human Rights Council (UNHRC). Thus, we presented an oral intervention before the U.N. in support of Israel.

Israel’s enemies use the UNHRC to wage lawfare against Israel. The U.N. considers more resolutions against our ally Israel than any other nation, spewing politically charged antisemitic rhetoric. So we defend our ally Israel against these unjust, targeted assaults with actual facts and applicable law.

For example, we recently reminded the Council that the Vienna Declaration and Programme of Action was adopted to reaffirm the solemn commitment of all States to fulfill their obligations, among other things, toward human rights, fundamental freedoms, the right to self-determination (which would not impair security and territorial integrity of States), and the observance of international law.

Yet one State is singled out in total disregard of these principles as well as international law for detrimental treatment: the State of Israel. In the name of the self-determination of the Palestinian people and disregarding the right to self-determination of the Jewish people, Palestinian terrorist groups indiscriminately attack innocent Israeli civilians. Israel’s security and territorial integrity are violated every year. Yet when it responds by protecting its civilian population, Israel is accused of violating human rights. When it takes lawful security measures, Israel is accused of racial discrimination.

We further informed the UNHRC that the Vienna Declaration and Programme of Action seeks compliance with the Fourth Geneva Convention and other norms of humanitarian law. Israel’s armed responses in self-defense in the face of thousands of indiscriminate rocket attacks are consistent with the Law of Armed Conflict (also called humanitarian law). Israel’s security measures are permitted under the Geneva Conventions, yet the country is maligned for taking those lawful measures.

We reminded the Council that by falsely accusing Israel of wrongdoing, the international community simply disregards not only the express language of the Vienna Declaration but also its objectives and purpose.

In addition to this intervention, we recently filed a major legal brief with the International Court of Justice (ICJ) in defense of Israel. The U.N. General Assembly asked the ICJ to give an advisory opinion regarding the Israeli-Palestinian conflict.

Instead of asking the Court to determine the legality of numerous terrorist attacks indiscriminately carried out against Israeli civilians and Israel’s security measures in response to those attacks, the General Assembly simply presumed, without any legal analysis, that Israeli measures were in violation of international law. In its request to the ICJ, the U.N. General Assembly presented its presumptions to the court and asked the court to validate them.

In our brief, we make several key arguments, including, for example, that Israel’s continued control over and its policies in the disputed territories are lawful as they are necessitated by self-defense and consistent with the Law of Armed Conflict.

We also continue to send a letter to the U.N. Security Council every month, detailing why the U.N. General Assembly’s designation of the Palestinian Authority as a “Non-member State with Observer Status” does not equate to statehood under international law. It is important to understand that the General Assembly’s actions did not – indeed, could not – create a Palestinian State. Yet the U.N. General Assembly, Human Rights Council, and their so-called “independent” inquiry commissions continue to recognize it as the “State of Palestine” and that Judea and Samaria (the so-called West Bank) and the Gaza Strip belong to that “State’s” territory.

Because of President Biden’s weak foreign policy and America’s weakening presence on the world stage, Israel’s enemies grow bolder and stronger. If the U.S. doesn’t protect Israel, then Israel could face extinction.

This is why our work at the ACLJ is so vital. We must continue to set the record straight at the U.N., the ICJ, the International Criminal Court, and other international forums as Palestinian leaders continue to engage in “lawfare” against Israel. If President Biden doesn’t defend Israel, then the ACLJ will take up the fight.