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SKYMUN VIII Chair Report 1. Introduction

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SKYMUN VIII Chair Report 1. Introduction SKYMUN VIII Chair Report Committee : International Court of Justice Issue : Relocation of the United States Embassy to Jerusalem Student Officer : Matthew Park, Assistant President; Grace An, Deputy Assistant President 1. Introduction On December 6, 2017, former President Donald J. Trump of the United States of America officially recognized Jerusalem as the capital of Israel. As a result, he announced the USA’s intention of moving their embassy from Tel Aviv to Jerusalem which was inaugurated on May 14, 2018. This has resulted in the State of Palestine institute a proceeding against the United States for the violation of the 1961 Vienna Conventions on Diplomatic Relations on September 28, 2018. The State of Palestine believes that the United States’ diplomatic mission is not in the established territory of Israel considering that Jerusalem is disputed territory. To confront the United States, Palestine invoked the Optional Protocol Concerning the Compulsory Settlement of Disputes, allowing the International Court of Justice to have jurisdiction over the case. When Palestine filed an application to the Court over the issue, the United States withdrew from the Optional Protocol Concerning the Compulsory Settlement of Disputes. It also closed the Palestinian Liberation Organization office in 2018. The United States does not recognize Palestine as a state and claimed that it is not in any treaty relationship with Palestine. Furthermore, the United States informed the Court that it would not meet with representatives on November 5, 2018, to discuss the issue due to Palestine’s status. The issue has a lot of historical background dating back to November 27, 1947, when the United Nations General Assembly passed the Partition Plan of Resolution 181 which had Jerusalem placed under an international regime due to its significance for Jews, Christians, and Muslims, known as Corpus Separatum. However, the plan was a failure as conflict erupted between Israel and neighboring Arab nations in the form of the Israeli-Arab War of 1948 which saw Jerusalem controlled by the Israelis in the West and the Jordanians in the East. Israel soon declared West Jerusalem as a part of the Jewish state. This caused the United Nations to adopt Resolution 194 in 1948 which created the United Nations Reconciliation Commission in order to properly establish an international regime in Jerusalem. At the same time, the United States has long supported Israel’s claim of Jerusalem being their capital. The 1995 Jerusalem Embassy Act passed by Congress affirmed this position. 2. Definition of Key Terms International Court of Justice (ICJ) The International Court of Justice (ICJ) is the primary judicial civil court of the United Nations (UN) established in June 1945 by the Charter of the United Nations. Being the only principal organ of the United States to not be located in New York, the seat of the court is at the Peace Palace in the Hague, Netherlands. Assisted by the United Nations General Assembly and Security Council, 15 judges are elected for a term of office for nine years. International Criminal Court (ICC) The International Criminal Court (ICC) is a permanent judicial body established by the Rome Statute of the ICC in 1998. Being the first and only permanent international criminal court with jurisdiction to prosecute individuals accused of international crimes. Rome Statute, the court’s founding treaty grants the ICC over four main crimes of genocide, crimes against humanity, war crimes, and crime of aggression. United Nations Security Council (UNSC) The Security Council (SC) is one of the six principal organs of the United Nations, intending to fulfill the responsibilities for the maintenance of international peace and security. Consisting of 15 Members, each Member has one vote. Taking the lead in determining the existence of a threat to peace, the SC recommends methods of adjustments and settlements as a response to potential acts of aggression. Vienna Convention on Diplomatic Relations (VCDR) The Vienna Convention on Diplomatic Relations of 18 April 1961 is an international treaty that outlines the framework for diplomatic relations between independent countries. Reducing the three categories of diplomatic representatives, including one, “ambassadors and other heads of mission of equivalent rank who are accredited to the host heads of state”, two, “envoys extraordinary, ministers plenipotentiary, and other representatives who are accredited to the host heads of state”, and three, “charges d’affaires, who are accredited to the foreign minister of the host country.” Forming the legal basis for diplomatic immunity, this convention specifies the “privileges of a diplomatic mission that enables diplomats to perform their function without fear of coercion or harassment by the host country.” Embassy An embassy is a diplomatic mission generally located in the capital city of another city, offering a full range of services, including consular services. An embassy is formed of groups of government officials, headed by an ambassador, who represent their government in a foreign country. According to the Vienna Convention on Diplomatic Relations (VCDR), an embassy is the overseas office of the diplomatic agent/ambassador of a state. Corpus Separatum According to the United Nations Resolution 181, a Partition Plan for Palestine, passed by the General Assembly on 29 November 1947, the Holy City was established as a Corpus Separatum under a special international regime with the intention to establish the city as international territory. De Facto Division The De Facto boundaries of a country are defined by the area that its government is able to enforce its laws in and to defend against encroachments by other countries that may also claim the same territory. Since the start of the Al-Aqsa Intifada in 2000, the concept of the physical barrier (eight-meter-high wall) between Israel and the Palestinian territories has grown among Israelites. Optional Protocol: Compulsory Settlement of Disputes The Optional Protocol concerning the Compulsory Settlement of Disputes to the Vienna Convention on Civil Liability for Nuclear Damage was adopted on 21 May 1963 by the International Conference at Vienna. The expression of the concern in respect of any dispute arising out of the interpretation or application of the Convention to the compulsory jurisdiction of the ICJ was present unless some form of settlement was agreed upon by parties within a reasonable period. 3. Timeline of Key Events 1933-1945 - Jewish Holocaust The Jewish people’s connection to the Land of Israel dates back to when the Jewish national home in Palestine was recognized by the League of Nations in 1922. Facilitating its establishment expressed the condition of the mandate by the League to Britain to govern the country, and the Jewish population rose from about 80,000 in 1922 to about 450,000 in 1939, approximately 30% of the total population. Causing conflict between Israel and the State of Palestine people, the United Nations General Assembly Resolution 181 was established, resulting in Jerusalem being split into two, the West and the East. Palestine rejecting this resolution, the beginning of the Arab-Israelite War was significant. 15 May 1948-10 March 1949 - Arab Israeli War The Arab-Israeli War is recognized as the second and final stage of the 1948-49 Palestine War. Zionism, Arab nationalism, and the British foreign policy being accused as the three main causes of the war, Israel declared itself as an independent country, emphasizing its independence, thus allowing the government to make an equal nation which aggravated Palestinians who were discriminated against by the Jewish population that immigrated into the nation. As a result, the United Nations called for a ceasefire, allowing Israel to gain weaponry and war resources to prepare for war. Ending the war with the Arabian forces surrendering, Israel attacked the region, resulting in more than 70,000 Palestinians fleeing the area. 1948 - Palestine Exodus (Nakba) The Palestine Exodus, also known as the Nakba, was the result of the loss from the Arab Israeli War, where Palestinians were forced out of their original lands, hence resulting in the exodus of Palestinians. Relocating into Israel and settling in large groups, mass movements of the Palestinians were recognized. The term “Nakba” implies in Arabic, the world’s greatest disasters employed by Constantin Zureiq in 1948, where more than 70,000 Palestinian Arabs were either expelled or fled from their homes. 5-10 June 1967 - Six-Day War The Six-Day War, also known as the June War, the Third Arab-Israelite War, or Naksah, was the third war of the Arab-Israelite wars. In response to the apparent mobilization of its Arab neighbors on June 5th, Israel launched air assaults that destroyed more than 90% of Egypt’s air force on the tarmac. As a result, the Arabian nations funded Egypt with weapons and resources, which also encouraged Egypt to buy arms from communist nations, such as the support from the Soviet Union. Other victims of Israel's air assault such as Syria and Jordan also assisted the fight against Israel, launching the Syrian air force, for instance. 1967 - Creation of Jewish Settlements The initial settlements were established by the Labor government in the early 1970s and in 1981, as part of the Peace Treaty with Egypt, the last settlement of the Sinai was destroyed, resulting in the movement of some Jews to the Gaza area. The Six-Day War allowed Israel to gain more land in the State of Palestine, forcing more Palestinians to be relocated away from their homes. Causing greater conflicts and worsening of the relationship between Israel and Palestine, no jews have been presented in the Gaza Strip from the completion of the disengagement process. 17 September 1978 - Camp David Accords The Camp David Accords was an agreement between Israel and Egypt signed on September 17, 1978, that led to a peace treaty between the two countries, the first such treaty between Israel and any of its Arab neighbors.
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