Mishor Adumim Industrial Zone, home to Israel’s SodaStream factory in the West Bank settlement of Ma’ale Adumim. (Photo: Emil Salman/Haaretz)
The United Nations Human Rights Council (UNHRC) in Geneva passed an unprecedented resolution today at the closure of the Human Rights Council’s 25th session. The resolution, titled “Israeli Settlements in the Occupied Palestinian Territories, including East Jerusalem, and in the occupied Syrian Golan” calls for States and private enterprises to terminate business transaction beyond the 1949 armistice lines and warns of the probability of criminal liability for corporate complicity in breach of international law.
Essentially it’s a call to boycott and divest from all Israeli settlements in the West Bank, including East Jerusalem, and the Golan Heights or else be prepared to be held criminally accountable.
From the resolution:
PP25 Recognizing that the direct or indirect assistance of States and private entities to the settlement enterprise constitute obstacles that have frustrated international efforts for the end of the occupation and fulfilment of the right of self determination of the Palestinian people by helping to sustain and promote the settlement enterprise, and entail legal, reputational and economic risks stemming from the fact that the Israeli settlements are illegal under international law (NEW LANGUAGE)
PP26 Noting the probability of liability, including international criminal liability, for corporate complicity in breaches of international law related to illegal settlements, and encouraged that some businesses have withdrawn from settlements
due to awareness of these risks, (NEW LANGUAGE; first part adapted from A/HRC/25/39 para. 15; second part adapted from A/HRC/22/63 para. 98)
The council held a general debate on human rights violations in Palestine earlier this week which included the follow-up to, and implementation of, the Vienna Declaration and Programme of Action. The Council then adopted the outcome of the Universal Periodic Review of Israel (full report here).
The background of the vote is that the PA and Arab League requested a special fact finding mission on the impact of the Israeli settlements. In July 2012 the president of the Human rights council appointed three high-level experts to that mission, Christine Chanet as Chair, Asma Jahangir and Unity Dow. The findings of the mission resulted in an UNHRC report, titled “Report of the independent international fact-finding mission to investigate the implications of the Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem“.
The missions’ report, which addresses the implications of corporate involvement in international crimes, develops arguments presented in two previous September 2013 reports by Special Rapporteur Richard Falk. Among other things, the first report describes the involvement of 13 businesses in the Occupied Palestinian Territory with reference to the United Nations Guiding Principles on Business and Human Rights. The second report includes case studies on two companies, the American international real estate company Re/Max and their international Israeli subsidiary, and the second company is the Dexia Group, a European financial institution.
These companies were chosen for the specific ways in which their activities, including profiting from Israeli settlements, potentially implicate them in international crimes.
IV. Case studies
33. As noted in the previous report of the Special Rapporteur on this issue, there is a wide range of businesses operating in the settlements. The Special Rapporteur surveyed 13 businesses, including several that were Israeli and others that were international. Some businesses were connected with the occupation generally and others with the settlements in particular. In the present report the Special Rapporteur focuses on two discrete areas that relate to settlements. The first area is banking institutions involved in financial transactions, such as loans to construct or purchase Israeli settlements. The company that the Special Rapporteur discusses is the Dexia Group, a European banking group. This builds upon the analysis by the Special Rapporteur of the Dexia Group in the previous report. The second area that the Special Rapporteur draws attention to is real estate companies that advertise and sell properties in settlements. The activities of Re/Max International, a company based in the United States of America, are the focus of analysis in the present report. The case studies aim to determine whether the Dexia Group and Re/Max International, through providing loans and mortgages and through advertising and selling properties in settlements, provide knowing assistance that amounts to aiding in the commission of international crimes associated with transferring the citizens of the Occupying Power to the occupied territory. The Special Rapporteur reiterates that the businesses highlighted are illustrative examples. There are other companies that profit from Israeli settlement activities, both in the economic service areas in which the Dexia Group and Re/Max International are working and in other areas involving
goods and services.
(Full case studies here)
Mondoweiss commenter Hostage:
Those two reports and the threat of liability (posed by Palestine’s joining the ICC and the Prosecutor subsequently acting on the 2009 declaration) triggered divestment by companies located in EU/ICC member states. The Prosecutor will be able to investigate acts committed in the EU or Palestine since July 2002, without any Security Council referral or veto. EU members of the ICC would also be required to investigate and prosecute their citizens and corporations.
This is Richard Falk’s last stand and a testament to the man he is. It’s his legacy and we thank and honor him. Falk’s 6 year term as United Nations Special Rapporteur expires on May 1st. Goldstone Report co-author Christine Chinkin was picked to take over Falk’s position.
The ADL issued a press release earlier this week referencing the resolution:
“This resolution attempts to advance a very similar position to elements of the vehemently anti-Israel Boycott, Divestment and Sanctions (BDS) movement, and at the same time, it puts a serious damper on the current peace talks taking place.”
In a letter sent to members of the UNHRC, ADL expressed concern that the resolution was an attack on Israel that was taken “further than any previous sessions.”
“Its language goes beyond the current policies of most countries with respect to the issue of Israeli settlements,” Mr. Foxman wrote.
http://mondoweiss.net/2014/03/resolution-companies-settlements.html
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