ICC

Legal Consequences For All Other U.N. Member States Arising From Israel’s Policies And Practices & From The Illegality Of Israel’s Continued Presence In The Occupied Palestinian Territory

2024-09-06:  The International Court of Justice (ICJ) published an Advisory Legal Opinion / Avis Juridique Consultatif on 19 July 2024.

Following is an Extract from that Document … Section VII B … Paragraphs 278 & 279 … which set out, very clearly, the legal consequences for ALL OTHER MEMBER STATES of the United Nations (#UN) concerning their dealings with the State of Israel …

ALL OTHER MEMBER STATES of the United Nations are OBLIGED to comply, and without undue delay … in stark view of the State of Israel’s criminal political and military environment.

  1. Taking note of the resolutions of the U.N. Security Council and General Assembly, the International Court of Justice is of the view that Member States are under an obligation not to recognize any changes in the physical character or demographic composition, institutional structure or status of the territory occupied by Israel on 5 June 1967, including East Jerusalem, except as agreed by the parties through negotiations, and to distinguish in their dealings with Israel between the territory of the State of Israel and the Palestinian territory occupied since 1967.  The Court considers that the duty of distinguishing dealings with Israel between its own territory and the Occupied Palestinian Territory encompasses, inter alia, the obligation to abstain from treaty relations with Israel in all cases in which it purports to act on behalf of the Occupied Palestinian Territory or a part thereof on matters concerning the Occupied Palestinian Territory or a part of its territory ;  to abstain from entering into economic or trade dealings with Israel concerning the Occupied Palestinian Territory or parts thereof which may entrench its unlawful presence in the territory ;  to abstain, in the establishment and maintenance of diplomatic missions in Israel, from any recognition of its illegal presence in the Occupied Palestinian Territory ;  and to take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the Occupied Palestinian Territory (see Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, I.C.J. Reports 1971, pp. 55-56, paras. 122, 125-127).
  1. Moreover, the Court considers that, in view of the character and importance of the rights and obligations involved, all States are under an obligation not to recognize as legal the situation arising from the unlawful presence of Israel in the Occupied Palestinian Territory.  They are also under an obligation not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the Occupied Palestinian Territory.  It is for all States, while respecting the Charter of the United Nations and International Law, to ensure that any impediment resulting from the illegal presence of Israel in the Occupied Palestinian Territory to the exercise of the Palestinian people of its right to self-determination is brought to an end.  In addition, all the States Parties to the Fourth Geneva Convention have the obligation, while respecting the Charter of the United Nations and International Law, to ensure compliance by Israel with international humanitarian law as embodied in that Convention.

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Israel’s Expanding Colonial Occupation of Palestine …

Graphic Image, in colour, showing a sequence of Maps – at years: 1917; 1946; 1947; 1967; Present Day – of a Shrinking Palestine with the corresponding Expanding Colonial Occupation by Israel.  Not shown are the post-1967 occupied Golan Heights in Syria and Sinai Peninsula in Egypt.  Click to enlarge.

Notes …

1882 – The first Zionist Colony (Hebrew: ‘Aliyah’, the act of going up towards the holy city of Jerusalem) … Rishon LeZion … established in Ottoman Palestine by Jewish immigrants from what was then the Russian Empire (today’s Kharkiv in #Ukraine).

1916 – Long before World War I ended in 1918 … the British & French (Sykes-Picot) Agreement to carve up the Ottoman Middle East between them.  Russia was excluded.

1917 – The Balfour Declaration … British Government statement of support for (‘view with favour’) the establishment of a ‘national home for the Jewish people’ … ‘it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine’.

1948 – #Nakba (Arabic: ‘catastrophe’) … Ethnic Cleansing / Expulsion of 750,000+ Palestinians … mass killings and violent displacement, with expropriation of lands, property and belongings … no right of return.

1967 – Arab-Israeli War (5-10 June), fought between Israel and a coalition of Arab States, primarily Egypt, Syria, Jordan … after which Israel illegally occupied: the Golan Heights in #Syria ;  the West Bank including East Jerusalem in #Jordan ;  the Sinai Peninsula and Gaza in #Egypt.

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#UNcharter #InternationalLaw #UDHR #ICJ #ICC #HumanRights – #USA #UK #Germany #France #EU #Israel #CriminalState #Nakba #Apartheid #IOF #IsraelOccupationForces #WarCrimes #Genocide #Gaza #WestBank #EastJerusalem – #IndependentPalestine #BDS #SupportBDS – #LastingPeace #Sustainability #SIA #SustainabilityImpactAssessment

NIST WTC Recommendations 29-30 > Improved Fire Education

Previous Posts in This Series …

2011-10-25:  NIST’s Recommendations on the 9-11 WTC Building Collapses … GROUP 1. Increased Structural Integrity – Recommendations 1, 2 & 3 (out of 30)

2011-11-18:  NIST WTC Recommendations 4-7 > Structural Fire EnduranceGROUP 2.  Enhanced Fire Endurance of Structures – Recommendations 4, 5, 6 & 7

2011-11-24:  NIST WTC Recommendations 8-11 > New Design of StructuresGROUP 3.  New Methods for Fire Resisting Design of Structures – Recommendations 8, 9, 10 & 11

2011-11-25:  NIST WTC Recommendations 12-15 > Improved Active ProtectionGROUP 4.  Improved Active Fire Protection – Recommendations 12, 13, 14 & 15

2011-11-30:  NIST Recommendations 16-20 > Improved People EvacuationGROUP 5.  Improved Building Evacuation – Recommendations 16, 17, 18, 19 & 20

2011-12-04:  NIST WTC Recommendations 21-24 > Improved FirefightingGROUP 6.  Improved Emergency Response – Recommendations 21, 22, 23 & 24

2011-12-07:  NIST WTC Recommendations 25-28 > Improved PracticesGROUP 7.  Improved Procedures and Practices – Recommendations 25, 26, 27 & 28

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2011-12-08:  SOME PRELIMINARY COMMENTS …

  1.     At last, we arrive at the Group 8 Recommendations !   At this stage … my impression is that the NIST Team began to run out of steam, because these two short Recommendations barely scratch the surface with regard to the significant education and training needs of the many different design, construction, management, operation, maintenance and emergency response disciplines engaged with, and confronted by, the Built Environment … every day of every week.

After a careful reading of all 30 NIST WTC Recommendations, I hope that you have satisfied yourself/yourselves that these Recommendations must be applied to ALL Buildings … not just Tall Buildings.  At various times … Iconic Buildings, and Buildings having a Critical Function or an Innovative Design have been specifically mentioned.  And look back to Recommendation 22a … tunnels and subways also made an appearance !   The proper focus for the International Fire Science and Engineering Community must be on the Built Environment as a whole.

At All Levels in a Typical Construction Project … there are also pressing education and training needs.  It is of little use if the Project Design Documentation is 100% … and the people actually installing the passive fire protection measures or the active fire protection systems on site don’t know which end is ‘up’ !   The Project Design Documentation, in whatever format, is merely a means to an end … a fully realized and occupied Building, which is fire-safe.

Preferably … we should be discussing the mandatory Re-education and Re-training of Practitioners in the different Disciplines … [CPD (Continuing Professional/Personal Development) is not at all sufficient !] … accompanied by a very necessary Re-engineering of the Stakeholder Professional and Educational Institutions … and other related Organizations, particularly National Authorities Having Jurisdiction (AHJ’s).

Our Best Hope for Transformation … lies with the current crop of third-level undergraduate students in the different disciplines.  And, as we are discovering with the introduction of the Structural EuroCodes in the European Union, it will take perhaps 5-8 years of continuous student output to transform pre-9/11 conventional fire engineering … into a post-9/11 and post-Mumbai fire engineering which is properly ‘reliability-based’ and ‘person-centred’, i.e. Sustainable Fire Engineering !

As for the Future, and Some Conclusions to this Series … coming shortly to a computer monitor screen near you !

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2005 NIST WTC RECOMMENDATIONS

GROUP 8.  Education and Training

The professional skills of building and fire safety professionals should be upgraded through a national education and training effort for fire protection engineers, structural engineers, and architects.  The skills of building regulatory and fire service personnel should also be upgraded to provide sufficient understanding and the necessary skills to conduct the review, inspection, and approval tasks for which they are responsible.

NIST WTC Recommendation 29.

NIST recommends that continuing education curricula be developed, and programmes be implemented for:  (1) training fire protection engineers and architects in structural engineering principles and design;  and (2) training structural engineers, architects, fire protection engineers, and code enforcement officials in modern fire protection principles and technologies, including the fire resisting design of structures;  and (3) training building regulatory and fire service personnel to upgrade their understanding and skills to conduct the review, inspection, and approval tasks for which they are responsible.  The outcome would further the integration of the disciplines in effective fire-safe design of buildings.  Affected Organizations:  AIA, SFPE, ASCE, ASME, AISC, ACI, and state licensing boards.  Model Building Codes:  Detailed criteria and requirements should be incorporated into the model building codes under the topic ‘Design Professional in Responsible Charge’.

NIST WTC Recommendation 30.

NIST recommends that academic, professional short-course, and web-based training materials in the use of computational fire dynamics and thermo-structural analysis tools be developed and delivered to strengthen the base of available technical capabilities and human resources.  Affected Organizations:  AIA, SFPE, ASCE, ASME, AISC, ACI, ICC, and NFPA.

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