Letter to the Special Rapporteur

From: Delegate of Russia

To: Executive Board, Rapporteur

The delegate of Russia would like to bring it to the notice of the executive board certain
disputes and Legalities quoting the resolutions, ICJ, ICC, IHL as well as customary law
rulings to prove the various atrocities as well as laws broken by the nation of Israel.

The delegate of Russia has quoted the resolutions as well as the rulings for the sake of ease
for the executive board to comprehend the grave matter of importance the situation must be
given and immediate actions that require to be taken in regards to the same.

We believe the actions of United Nations as well as the International forum have been highly
influenced by countries like United States of America who has vetoed multiple resolutions
that demanded the peace and prosperity in the region of Sheikh Jarrah, al asqa mosque, as
well as other regions of the west bank.

United States of America has also refused the United Nations Security Council rather
recently to pass an advisory report for ceasefire in the Hamas region which clearly questions
the authority of the United Nations Security Council, since they're clearly being controlled by
the likes of a country which is clearly a party of dispute in this situation.

Proof for the same can be derived by the recognition of Jerusalem in 2017 by USA which
makes them a party of dispute to the conflict rather than a neutral position and thereby
neglecting their intermediating powers as a peace mediator pertaining to this issue.

At the same time USA has not allowed others to dispute their decisions by pertaining to a
clear monopoly they've upheld in the United Nations as well as the international forum which
has clearly withheld the appropriate actions from being taken in the west bank against the
violations of Israel which are much required.

The delegate has divided their report in this substantive chit into three major subjects that
must be adressed and as mentioned the resolutions as well as the rulings have been quoted
for better understanding.

With these three subjects in reference to the resolutions and the rulings quoted must be
taken into consideration in order to rule upon the situation by the United Nations Security
Council and in accordance to the Article VI paragraph 3 of Article 52 mentioned in the Article
27 of the UN charter, which pertains to the powers of Veto, any party to dispute which in
situation is USA should refrain from using Veto power in our belief.

Subject 1 and 2: Sheikh Jarrah dispute and Israel's failure to comply with international
laws.

The first subject is to draw an introduction as well an overview of the Sheikh Jarrah dispute
that is being discussed keeping in mind the recent events of Palestinians being harrassed in
the region even after Israeli forces being specifically told to draw back.
These disputes have been ongoing for a rather long time and the legal precedence of the
international law has been defined under this subject to summarise the actions and liabilities
of the Israeli government as well as forces in the Sheikh Jarrah region and how they must be
held responsible in the court of law.

The UN’s human rights office (OHCHR), on Friday, called on Israel to immediately halt all
forced evictions, including those in the Sheikh Jarrah neighbourhood of East Jerusalem, as
well as to exercise maximum restraint in the use of force while ensuring safety and security
there.

Even the OHCHR spokesperson Mr. Rupert Colville stated that the evictions, if ordered and
implemented, would infact violate Israel’s obligations under international law but israel chose
to ignore those statements and carry forward with their misconduct.

The delegate would also like to quote the exact statements of the spokesperson in order for
better comprehension of the grave importance of the issue at hand,

“Given the disturbing scenes in Sheikh Jarrah over the past few days, we wish to emphasize
that East Jerusalem remains part of the occupied Palestinian territory, in which International
Humanitarian Law applies. The occupying Power must respect and cannot confiscate private
property in occupied territory, and must respect, unless absolutely prevented, the laws in
force in the country.”

Moreover, The UN Special Coordinator for the Middle East Peace Process, urged Israel to
stop demolitions and evictions in the neighbourhood in Sheikh Jarrah, in line with its
obligations under international humanitarian law.

He went on to note that Israel cannot impose its own set of laws in occupied territory,
including East Jerusalem, to evict Palestinians from their homes.The delegate would now
like to draw the attention towards customary international law which is binding in nature.

“In addition, the Absentee Property Law and the Legal and Administrative Matters Law are
applied in an inherently discriminatory manner, based solely on the nationality or origin of the
owner”, OHCHR spokesperson Colville said.

The spokesperson also talked about how these laws are clearly subject to implentation in the
issue pertaining in Sheikh Jarrah. We must also consider the fact that forced evictions could
violate the rights to adequate housing and to privacy and other human rights of those who
are evicted.

We must understand the basic fact that forced evictions are a key factor in creating a
coercive environment that may lead to forcible transfer, which is prohibited by the Fourth
Geneva Convention and is a grave breach of the Convention.

Keeping these factors in mind we must understand the multiple precedences broken by the
Israeli government in pertainance to the West Bank.
Subject 3: Focusing on the international law violations in respect to the palestine wall
in west bank

This focuses on the international laws that have been violated by Israel in west bank in
pertainance to the Palestine Wall that was built alongside the Green Line. We believe this is
as grave as the issue of Annexation of Crimea and must be brought to notice of the
International forum and it is disappointing that even though multiple bodies have recognised
this to be a violation of the Fourth Geneva Convention, housing laws and multiple other
customary laws, no action yet has been taken by the UN peacekeeping forces or any other
nation to intervene in this situation for the betterment and prosperity of the people living in
the region.

We must also keep in mind the current issues of Sheikh Jarrah dispute and the Al asqa
mosque where Israel has clearly violated the Palestinians basic human rights and even after
being called upon to retrieve by the United Nations Secretary General, no appropriate
response has been given from their side and they continue to kill people in the region which
according to The human Rights Council special session on 27th May, has surpassed 10
Palestinians killed on 14th May alone and over 60 more people killed over the time.

We must keep in mind that these actions have violated not only the advisory reports and
statements of UN officials but also the laws that we must abide by.

Even the state laws in this situation which come under the 1972 custodian general of the
Israeli government must be considered null and void since after the six day war, all the
occupations in the region are consider to be illegal under the Absentee Property Law and the
Legal and Administrative Matters law and therefore shall not be considered and therefore
leaving Israeli government with no legal precedence even in state law to take these actions.

Following are the reasons as well as the causes of violations of Israel of the international law
in accordance to the building of the wall, which were noted and brought to the notice of the
international forum via the resolution (A/ES-10/L.18/Rev.1) which recalled resolution 2625
(XXV) of 24 October 1970, on the Declaration on Principles of International Law concerning
Friendly Relations and Cooperation among States in accordance with the Charter of the
United Nations, as well as the Regulations annexed to the Hague Convention Respecting
the Laws and Customs of War on Land of 1907 as well as the Geneva Convention relative to
the Protection of Civilian Persons in Time of War of 12 August 1949, and relevant provisions
of customary law, including those codified in Additional Protocol I to the Geneva
Conventions,

to the question put forth by the General Assembly in resolution ES-10/14 as follows: 8

"A. The construction of the wall being built by Israel, the occupying Power, in the Occupied
Palestinian Territory, including in and around East Jerusalem, and its associated regime, are
contrary to international law;

"B. Israel is under an obligation to terminate its breaches of international law; it is under an
obligation to cease forthwith the works of construction of the wall being built in the Occupied
Palestinian Territory, including in and around East Jerusalem, to dismantle forthwith the
structure therein situated, and to repeal or render ineffective forthwith all legislative and
regulatory acts relating thereto, in accordance with paragraph 151 of this Opinion;

"C. Israel is under an obligation to make reparation for all damage caused by the
construction of the wall in the Occupied Palestinian Territory, including in and around East
Jerusalem;

"D. All States are under an obligation not to recognize the illegal situation resulting from the
construction of the wall and not to render aid or assistance in maintaining the situation
created by such construction; all States Parties to the Fourth Geneva Convention relative to
the Protection of Civilian Persons in Time of War of 12 August 1949 have in addition the
obligation, while respecting the United Nations Charter and international law, to ensure
compliance by Israel with international humanitarian law as embodied in that Convention;

"E. The United Nations, and especially the General Assembly and the Security Council,
should consider what further action is required to bring to an end the illegal situation
resulting from the construction of the wall and the associated regime, taking due account of
the present Advisory Opinion.",

Noting that the Court concluded that "the Israeli settlements in the Occupied Palestinian
Territory (including East Jerusalem) have been established in breach of international law",

Noting also the statement made by the Court that "Israel and Palestine are under an
obligation scrupulously to observe the rules of international humanitarian law, one of the
paramount purposes of which is to protect civilian life", 10 and that "in the Court's view, this
tragic situation can be brought to an end only through implementation in good faith of all
relevant Security Council resolutions, in particular resolutions 242 (1967) and 338 (1973)",10
Considering that respect for the Court and its functions is essential to the rule of law and
reason in international affairs,

1. Acknowledges the advisory opinion of the International Court of Justice of 9 July 2004 on
the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory
including in and around East Jerusalem;

2. Demands that Israel, the occupying Power, comply with its legal obligations as mentioned
in the advisory opinion;

3. Calls upon all States Members of the United Nations to comply with their legal obligations
as mentioned in the advisory opinion;

4. Requests the Secretary-General to establish a register of damage caused to all natural or

legal persons concerned in connection with paragraphs 152 and 153 of the advisory opinion;

5. Decides to reconvene to assess the implementation of the present resolution, with the aim
of ending the illegal situation resulting from the construction of the wall and its associated
regime in the Occupied Palestinian Territory, including East Jerusalem;
6. Calls upon both the Government of Israel and the Palestinian Authority to immediately
implement their obligations under the road map,6 in cooperation with the Quartet, as
endorsed by Security Council resolution 1515 (2003), to achieve the vision of two States
living side by side in peace and security, and emphasizes that both Israel and the Palestinian
Authority are under an obligation scrupulously to observe the rules of international
humanitarian law;

7. Calls upon all States parties to the Fourth Geneva Convention2 to ensure respect by
Israel for the Convention, and invites Switzerland, in its capacity as the depositary of the
Geneva Conventions,11 to conduct consultations and to report to the General Assembly on
the matter, including with regard to the possibility of resuming the Conference of High
Contracting Parties to the Fourth Geneva Convention;

8. Decides to adjourn the tenth emergency special session temporarily and to authorize the
President of the General Assembly at its most recent session to resume its meeting upon
request from Member States.

Multiple resolutions and rulings have been called upon by the delegate which are to be
considered as precedence as well as pretext necessary for the comprehension of the point
the delegate is trying to make.

Immediate action by the international *neutral* parties must be taken in order to solve the
issue at hand in our belief.

Subject 4: Casualties and "Security Concerns"

In accordance to the "security concerns" that Israel was adamant about we would like to
clarify the statistics of the deaths that have been accounted for since 2000 on both sides,
keeping in mind this does not even *begin* to do justice to the atrocities they committed
during the six day war. The statistics clearly show that 8,166 conflict-related deaths, of which
7,065 are Palestinian and 1,101 Israeli. That means 87 percent of deaths have been
Palestinian and only 13 percent Israeli.

We need to understand that their plea for "security concerns" is nothing but a hoax that they
have been using for way too long for storing nuclear weapons, bombing gaza, forcing
evictions in west bank and even though the world recognises it as illegal, they fail to take any
action to stop it. We hope for it to change, and Israel to respect the basic human rights of the
Palestinians.

These causalities and concerns, especially in light of the