SKYMUN VIII Chair Report

Committee​: International Court of Justice Issue​: Relocation of the Embassy to 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 . As a result, he announced the USA’s intention of moving their embassy from 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 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 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 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 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 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. Being titled the “Framework for Peace in the Middle East'', the agreement became known as the Camp David Accords, because the negotiations took place at the U.S. presidential retreat at Camp David, Maryland.

9 December 1987-13 September 1993 - First Intifada In the Israeli-occupied Gaza Strip, the first riot of the Palestinian, Intifada, began after an Israeli truck crashed into the station wagon carrying Palestinian workers in the Jabaliya refugee district of Gaza, killing four, and wounding 10. The Gaza Palestinian interpreting this incident as an act of retaliation against the killing of Jew in Gaza several days before. December 9 marked the formal beginning of Intifada, but small-scale riots and violence was directed against the Israelis have been occurring for several months. With Palestinians desires for freedom, an independent state, and no discrimination, started a street uprising against the Israeli Power.

13 September 1993 - On September 13, 1993, Prime Minister of Israel and the Palestine Liberation Organization chairman, Yasser Arafat, shook hands in a public ceremony at the after signing an agreement that granted limited autonomy to Palestine and arranged future peace talks. The agreement, officially called the “Declaration of Principles on Interim Self-Government Arrangements”, also known as the Oslo Accords called for Israeli forces to withdraw from parts of the West Bank and the Gaza Strip, coming under the control of the Palestinian government. Although intended to be temporary, permanent solutions have been scheduled to be negotiated over the following five years. Giving the state of Palestine the right to establish a government body of their own, the government was formed, and became the secondary government in the State of Palestine. Although the semi-presidential government is mostly comprised of Israeli Jurisdiction, the Palestinians held most of the positions within the secondary government.

October 1995 - Jerusalem Embassy Relocation Act The Jerusalem Embassy Relocation Act of 1995 was a public law of the United States passed by the post- 104th Congress on October 23, 1995. Holding the purpose to set aside funds for the relocation of the Embassy of the United States in Israel from its location in Tel Aviv to Jerusalem, by May 31, 1999. Withholding 50% of the funds appropriated to the State Department specifically for “Acquisition and Maintenance of Buildings Abroad”, the Embassy of the United States officially opened in Jerusalem. The act states that Jerusalem is the capital of Israel, and recalled several past Congressional resolutions that ensured that the city remained united.

2018 - Complaint to the International Court of Justice The Palestinian government filed a complaint to the International Court of Justice, stating that the Jerusalem Embassy Act is a violation of Article I and III of the Vienna Convention on Diplomatic Relations (VCDR).

4. Position of Key Member Nations and Other Bodies State of Palestine As the applicant party, the State of Palestine argues that the United States’ decision to move its embassy to Jerusalem is a violation of the Vienna Conventions on Diplomatic Relations. Considering Jerusalem’s special status as a holy city for Jews, Christians, and Muslims, the Partition Plan of Resolution 181 adopted by the United Nations General Assembly labels Jerusalem as “a corpus separatum under special international regime”. Resolution 194 and Resolution 303 further emphasize the UN’s position on Jerusalem being under the international regime. Palestine believes that the United States moving their embassy violates the special status of the Holy City. Palestine also points to Resolution 252 and Resolution 476 which both state that Israel’s claims and laws of Jerusalem being their capital as invalid and an attempt to change the status of the Holy City.

United States of America The United States of America is the respondent party. As an ally of Israel, the United States recognizes Jerusalem as their capital, affirming this in the 1995 Jerusalem Embassy Act. The United States does not recognize Palestine as a state and believes that the International Court of Justice has no jurisdiction over Palestine’s application. The United States is not in a treaty relationship with Palestine under the Optional Protocol and informed the Secretary-General of this status. The United States also claims that Palestine was aware of these communications before they submitted an application to the Court which further proves that the ICJ has no jurisdiction to entertain the case.

Burden of Proof In this case, the burden of proof lies on the Applicant party to prove their case by a preponderance of evidence. Advocates of Palestine have the responsibility to prove that 1) the court DOES hold jurisdiction over this dispute 2) the Jerusalem Embassy act is a violation of legally binding international treaties. All aspects must be proven in order for a judge to vote for the Applicant party.

On the other hand, the Responding Party does not have the burden of proving anything. If both parties are to stay silent during the court hearing, the responding party would likely receive all of the votes. Like so, the Responding party need only prepare responses for arguments that may be brought up by the advocates of the Applicant Party and prevent them from proving their burdens of proof.

Key Documents

Vienna Convention on Diplomatic Relations Article 21 The Vienna Convention, the international treaty that outlines diplomatic relations between independent countries. Article 21, Limitations to Territory, states that “The receiving State shall either facilitate the acquisition on its territory, in accordance with its laws, by the sending State of premises necessary for its mission or assist the latter in obtaining accommodation in some other way.” “It shall also, where necessary, assist missions in obtaining suitable accommodation for their members.”

1963 Optional Protocol for the Vienna Convention Article 1 The 1963 Optional Protocol for the Vienna Convention provides details to the procedures with regard to the treaty. Article 1 states that “Disputes arising out of the interpretation or application of the Convention shall lie within the compulsory jurisdiction of the International Court of Justice and may accordingly be brought before the Court by an application made by any party to the dispute being a Party to the present Protocol.”

United Nations Security Council Resolution 478 UNSC Resolution 478 states that Israel’s attempts to change the administrative were null and void. The resolution was in response to Israel passing the of 1980 which declared the Holy City as Israel’s capital. Key parts of the resolution include operative clause 3: “Determines that all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purport to alter the character and status of the Holy City of Jerusalem, and in particular the recent "basic law" on Jerusalem, are null and void and must be rescinded forthwith;” And operation clause 5 sub-clause b: “Those States that have established diplomatic missions at Jerusalem to withdraw such missions from the Holy City”.

General Assembly Resolution 181 Resolution 181 or the UN Partition Plan for Palestine was the resolution adopted by the General Assembly in 1947 to solve the conflict between the Jews and Arabs in the Palestine Mandate. Part III of the Resolution outlines the status of Jerusalem. Part III(A) states that “The City of Jerusalem shall be established as a corpus separatum under a special international regime and shall be administered by the United Nations. The Trusteeship Council shall be designated to discharge the responsibilities of the Administering Authority on behalf of the United Nations.”

United Nations Charter The United Nations Charter (UN Charter) is the founding documents of the United Nations, established through the United Nations Conference on International Organization. The UN Charter serves as a tool for international law, organizing the “major principles of international relations, from sovereign equality of States to the prohibition of the use of force”. According to the United Nations Charter, Chapter XIV: The International Court of Justice, article 92 states that, “The International Court of Justice shall be the principal judicial organ of the United Nations. It shall function in accordance with the annexed Statute, which is based upon the Statute of the Permanent Court of International Justice and forms an integral part of the present Charter.”

Statute of the Court The statute of the International Court of Justice is within the United Nations Charter, which is further specified in the United Nations Charter, Chapter XIV: The International Court of Justice. Article 35, paragraph 2, of the Statute reads, “The conditions under which the Court shall be open to other states shall, subject to the special provisions contained in treaties in force, be laid down by the Security Council, but in no case shall such conditions place the parties in a position of inequality before the Court.” This article states that the Court is also open to other States that are not parties of its Statute, hence suggesting that there should be no conditions where the parties are in a position of inequality before the Court. 6. Bibliography “About the International Criminal Court.” Icc-Cpi.int, 2019, www.icc-cpi.int/about. Accessed 21

Feb. 2021.

“Ambassador | Diplomat | Britannica.” Encyclopædia Britannica, 2021,

www.britannica.com/topic/ambassador#ref254472. Accessed 21 Feb. 2021.

“Application Instituting Proceedings.” ICJ, 28 Sept. 2018,

https://www.icj-cij.org/public/files/case-related/176/176-20180928-APP-01-00-EN.pdf

Arieff, Irwin. “Israeli Settlements: A Timeline from 1967 to Now - PassBlue.” PassBlue, 11 July

2014, www.passblue.com/2014/07/11/israeli-settlements-a-timeline-from-1967-to-now/.

Accessed 21 Feb. 2021.

“Camp David Accords | Summary, History, & Facts | Britannica.” Encyclopædia Britannica,

2021, www.britannica.com/event/Camp-David-Accords. Accessed 22 Feb. 2021.

“Definition of Embassy.” Collinsdictionary.com, HarperCollins Publishers Ltd, 21 Feb. 2021,

www.collinsdictionary.com/dictionary/english/embassy. Accessed 21 Feb. 2021.

“Divided Jerusalem (1948-1967).” GxMSDev, 2014,

mfa.gov.il/mfa/aboutisrael/maps/pages/jerusalem%20before%20the%20six%20day%20w

ar%20-1949-1967-.aspx#:~:text=The%20City%20Line%20divided%20Jerusalem,Israel

%20re%2Dunited%20the%20city.. Accessed 21 Feb. 2021.

History.com Editors. “Intifada Begins on Gaza Strip.” HISTORY, HISTORY, 9 Feb. 2010,

www.history.com/this-day-in-history/intifada-begins-on-gaza-strip. Accessed 22 Feb.

2021.

“History of Jewish Settlements in Gaza.” Jewishvirtuallibrary.org, 2021,

www.jewishvirtuallibrary.org/history-of-jewish-settlements-in-gaza. Accessed 21 Feb.

2021. “How the Court Works.” Icc-Cpi.int, 2019, www.icc-cpi.int/about/how-the-court-works.

Accessed 21 Feb. 2021.

“Institute for Palestine Studies.” Institute for Palestine Studies, 2021,

www.palestine-studies.org/. Accessed 11 Mar. 2021.

“Jerusalem Embassy Relocation Act (October 1995).” Jewishvirtuallibrary.org, 2019,

www.jewishvirtuallibrary.org/jerusalem-embassy-relocation-act-october-1995. Accessed

22 Feb. 2021.

“Latest Developments | Relocation of the United States Embassy to Jerusalem (Palestine v.

United States of America) | International Court of Justice.” Icj-Cij.org, 2018,

www.icj-cij.org/en/case/176. Accessed 21 Feb. 2021.

“Order of November 15.” ICJ, 15 Nov. 2018,

https://www.icj-cij.org/public/files/case-related/176/176-20181115-ORD-01-00-EN.pdf

OPTIONAL PROTOCOL CONCERNING the COMPULSORY SETTLEMENT of DISPUTES to

the VIENNA CONVENTION on CIVIL LIABILITY for NUCLEAR DAMAGE. , 1999.

“Palestine Brings a Case Against the United States in the International Court of Justice at a

Fraught Time for U.S.-Palestinian Relations.” American Journal of International Law,

vol. 113, no. 1, 2019, pp. 143–149., doi:10.1017/ajil.2018.112.

“Relocation of the United States Embassy to Jerusalem (Palestine v. United States of America) -

The Court decides that the written pleadings will first be addressed to the question of

jurisdiction and that of the admissibility of the Application.” ICJ, 30 Nov. 2018,

https://www.icj-cij.org/public/files/case-related/176/176-20181130-PRE-01-00-EN.pdf

Salenson, Irene. “Jerusalem and the Border, Evolutive Aspects.” Estudios Fronterizos, vol. 6, no.

11, 2020, pp. 39–55, www.scielo.org.mx/scielo.php?script=sci_arttext&pid=S0187-69612005000100002, .

Accessed 21 Feb. 2021.

“Six-Day War | Causes, History, & Summary | Britannica.” Encyclopædia Britannica, 2021,

www.britannica.com/event/Six-Day-War. Accessed 21 Feb. 2021.

“States Not Parties to the Statute to Which the Court May Be Open | International Court of

Justice.” Icj-Cij.org, 2018, www.icj-cij.org/en/states-not-parties. Accessed 17 Mar. 2021.

“The Court | International Court of Justice.” Icj-Cij.org, 2017, www.icj-cij.org/en/court.

Accessed 21 Feb. 2021.

“The Institute for Palestine Studies |.” Palestine-Studies.org, 2019,

oldwebsite.palestine-studies.org/. Accessed 11 Mar. 2021.

“Latest Developments | Relocation of the United States Embassy to Jerusalem (Palestine v.

United States of America) | International Court of Justice.” Icj-Cij.org, 2018,

www.icj-cij.org/en/case/176. Accessed 11 Mar. 2021.

The Learning Network. “Sept. 13, 1993 | Israel and P.L.O. Sign Accord Granting Limited

Palestinian Autonomy.” The Learning Network, 13 Sept. 2011,

learning.blogs.nytimes.com/2011/09/13/september-13-1993-israel-and-plo-sign-accord-gr

anting-limited-palestinian-autonomy/. Accessed 22 Feb. 2021.

“The State of Israel - the Holocaust.” The Holocaust, 2018,

www.holocaust.com.au/the-facts/the-state-of-israel/. Accessed 21 Feb. 2021.

“United Nations Security Council |.” Un.org, 2011, www.un.org/securitycouncil/. Accessed 21

Feb. 2021.

“What Were the Causes and Consequences of the 1948 Arab-Israeli War?” E-International Relations, 15 Jan. 2014,

www.e-ir.info/2014/01/15/what-were-the-causes-and-consequences-of-the-1948-arab-isra

eli-war-2/. Accessed 21 Feb. 2021.

United Nations. “UN Charter | United Nations.” United Nations, United Nations, 2021,

www.un.org/en/about-us/un-charter. Accessed 17 Mar. 2021.

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