Diplomatic Roundtable

Moderated by Noha Aboueldahab, Assistant Professor of International Law, GU-Q

Ralph Wilde, Professor of International Law, University College London, discussed the legal obligations of “third states”—comprising all states, except Israel and Palestine, in this particular context—to end Israel’s illegal presence in the Occupied Palestinian Territory (OPT), which includes the Palestinian West Bank, East Jerusalem, and Gaza Strip. Wilde discussed several ways in which third states can engage in joint responsibilities as a response to Israel’s violations of international law. He explained the international rights and obligations incumbent upon all states to bring Israel to account for its transgressions, stating that Israel’s presence in the OPT is, in and of itself, illegal as a violation of the international law of self-determination and the international law on the use of force. He pointed to Israel’s “existential” illegality, noting that the very existence of Israel’s presence is illegal, as well as Israel’s “conduct-based” illegality in the OPT, which includes maintaining and expanding settlements, perpetrating racial discrimination and apartheid, among other abuses, war crimes, and crimes against humanity.

Wilde concluded by noting that “third states” must change their relationship to Israel through non-engagement, including no diplomatic dealings, no economic relationships or trade deals, and no engagement on any activities that entrench Israel’s presence in the OPT. States must therefore institute a complete and comprehensive embargo against Israel on all fronts, including arms, technology, finance, education, culture, and sports, among other sectors. All third states have a legal right to invoke the illegal nature of Israel’s presence, and to call upon Israel to bring it to an immediate end.

Ralph Wilde is a legal academic and also acts as counsel and advocate on international law to states, international organizations and NGOs. His academic work has covered, amongst other subjects, the extraterritorial application of human rights law, international territorial administration and the concept of trusteeship over people in international law, and international law as it relates to Palestine and the Palestinian people. In his practice, he served as Senior Counsel and Advocate of the 22 States of the Arab League in the ICJ Palestine Advisory Opinion proceedings, and the ongoing consideration of the Situation in the State of Palestine by the ICC, where he also represented the Palestine Independent Commission on Human Rights. He is also currently acting as Senior Counsel to the Gaza-based Palestine Center for Human Rights NGO, responsible for their written submission that will form part of the memorial (written submission) of South Africa in the South Africa v. Israel case concerning the Genocide Convention before the ICJ.