63. International law is the promise that states make to one another, and to their people, that rights will be respected, protections will be honoured, agreements and obligations will be satisfied, and peace with justice will be pursued. It is a tribute to the international community that it has sustained this vision of international law throughout its supervision of Israel’s occupation of the Palestinian territory. But it is no tribute that – as the occupation deepened, as the occupier’s intentions became crystal clear, and as its defiance grew – the international community recoiled from answering Israel’s splintering of the Palestinian territory and disfiguring of the laws of occupation with the robust tools that international law and diplomacy provide. International law, along with the peoples of Palestine and Israel, have all suffered in the process.
States who administer another territory under international supervision – whether as an occupier or a mandatory power – will cross the red line into illegality if they breach their fundamental obligations as alien rulers. The International Court of Justice in Namibia supports this conclusion. The Special Rapporteur submits that Israel’s role as occupant has crossed this red line. The challenge now facing the international community is to assess this analysis and, if accepted, to devise and employ the appropriate diplomatic and legal steps that, measure by measure, would completely and finally end the occupation. As Amos Schocken, the publisher of Ha’aretz, has written about his own country’s leadership: “…international pressure is precisely the force that will drive them to do the right thing.”
A determination that Israel’s role as occupant is now illegal would serve several significant purposes. First, it would encourage member states to take all reasonable steps to prevent or discourage national institutions, organizations and corporations within their jurisdiction from engaging in activities that would invest in, or sustain, the occupation. Second, it would encourage national and international courts to apply the appropriate laws within their jurisdiction that would prevent or discourage cooperation with entities that invest in, or sustain, the occupation. Third, it would invite the international community to review its various forms of cooperation with the occupying power as long as it continues to administer the occupation unlawfully. Fourth, it would provide a solid precedent for the international community when judging other occupations of long du