Israel & the International Criminal Court

UN Human Rights Council Resolutions (2015-) on McGowan Davis/Schabas Report






The Resolution "Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem," A/HRC/RES/43/3, was adopted by the UN Human Rights Council on June 19, 2020.

The vote was 22 for, 8 against, and 17 abstentions.
  • For: Afghanistan, Angola, Argentina, Armenia, Bahrain, Bangladesh, Burkina Faso, Chile, Eritrea, Indonesia, Libya, Mauritania, Mexico, Namibia, Nigeria, Pakistan, Peru, Qatar, Senegal, Somalia, Sudan, Venezuela
  • Against: Australia, Austria, Brazil, Bulgaria, Czech Republic, Fiji, Togo, Ukraine
  • Abstentions: Bahamas, Cameroon, Democratic Republic of Congo, Denmark, Germany, India, Italy, Japan, Marshall Islands, Nepal, Netherlands, Philippines, Poland, Republic of Korea, Slovakia, Spain, Uruguay

Excerpts from the most recent Human Rights Council Resolution

"The Human Rights Council,
...
Gravely concerned by reports regarding serious human rights violations and grave breaches of international humanitarian law, including possible war crimes and crimes against humanity, including the findings of the independent international commissions inquiry, factfinding missions and the boards of inquiry convened by the Secretary-General,
...
Noting the accession by the State of Palestine on 2 January 2015 to the Rome Statute of the International Criminal Court,

1. Calls upon all duty bearers and United Nations bodies to pursue the implementation of the recommendations contained in the reports of the independent international commission of inquiry on the protests in the Occupied Palestinian Territory, the independent commission of inquiry on the 2014 Gaza conflict, the independent international fact-finding mission to investigate the implications of Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem, and the United Nations FactFinding Mission on the Gaza Conflict, in accordance with their respective mandates;
2. Notes the importance of the work of the independent international commission of inquiry on the protests in the Occupied Palestinian Territory, the independent commission of inquiry on the 2014 Gaza conflict, the independent international fact-finding mission to investigate the implications of Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem, and the United Nations Fact-Finding Mission on the Gaza Conflict, and of the information collected regarding grave violations in support of future accountability efforts, in particular information on alleged perpetrators of violations of international law;
...
5. Takes note of the conclusion by the International Criminal Court of its preliminary examination into the situation in Palestine on 20 December 2019, with the determination that all statutory criteria under the Rome Statute for the opening of an investigation had been met, emphasizes the importance of respecting the Court's mandate and the Prosecutor's independence, and calls upon the parties concerned to cooperate fully with any investigation that may be opened;..."

Prior resolutions

  • "Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem," A/HRC/RES/40/13, was adopted by the UN Human Rights Council on March 22, 2019.

    The vote was 23 for, 8 against, and 15 abstentions.
    • For: Afghanistan, Angola, Bahrain, Bangladesh, Burkina Faso, Chile, China, Cuba, Egypt, Eritrea, Iraq, Mexico, Nigeria, Pakistan, Peru, Philippines, Qatar, Saudi Arabia, Senegal, Somalia, South Africa, Spain, Tunisia
    • Against: Australia, Austria, Brazil, Bulgaria, Czechia, Fiji, Hungary, Ukraine
    • Abstentions: Argentina, Bahamas, Croatia, Democratic Republic of the Congo, Denmark, Iceland, India, Italy, Japan, Nepal, Rwanda, Slovakia, Togo, United Kingdom of Great Britain and Northern Ireland, Uruguay
  • "Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem," A/HRC/RES/37/37, was adopted by the UN Human Rights Council on March 23, 2018.

    The vote was 27 for, 4 against, and 15 abstentions.
    • For: Afghanistan, Angola, Belgium, Brazil, Burundi, Chile, China, Côte d'Ivoire, Cuba, Ecuador, Egypt, Iraq, Kyrgyzstan, Nepal, Nigeria, Pakistan, Peru, Philippines, Qatar, Saudi Arabia, Senegal, Slovenia, South Africa, Switzerland, Tunisia, United Arab Emirates, Venezuela
    • Against: Australia, Togo, United Kingdom of Great Britain and Northern Ireland, United States of America
    • Abstentions: Croatia, Democratic Republic of the Congo, Ethiopia, Georgia, Germany, Hungary, Japan, Kenya, Mexico, Panama, Republic of Korea, Rwanda, Slovakia, Spain, Ukraine
  • "Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem," A/HRC/RES/34/28, was adopted by the UN Human Rights Council on March 24, 2017.

    The vote was 30 for, 15 abstentions, and 2 against.
    • For: Bangladesh, Belgium, Bolivia, Botswana, Brazil, Burundi, China, Congo, Cote D'Ivoire, Cuba, Ecuador, Egypt, El Salvador, Ghana, Indonesia, Iraq, Kyrgyzstan, Mongolia, Nigeria, Philippines, Portugal, Qatar, Republic of Korea, Saudi Arabia, Slovenia, South Africa, Switzerland, Tunisia, United Arab Emirates, Venezuela
    • Against: Togo, United States
    • Abstentions: Albania, Croatia, Ethiopia, Georgia, Germany, Hungary, India, Japan, Kenya, Latvia, Netherlands, Panama, Paraguay, Rwanda, United Kingdom
  • "Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem," A/HRC/RES/31/35, was adopted by the UN Human Rights Council on March 24, 2016.

    The vote was 32 for, 15 abstentions, and 0 against.
    • For: Algeria, Bangladesh, Belgium, Bolivia, Burundi, China, Cuba, Ecuador, El Salvador, France, Indonesia, Kenya, Kyrgyzstan, Maldives, Mexico, Mongolia, Morocco, Namibia Nigeria, Panama, Philippines, Portugal, Qatar, Russian Federation, Saudi Arabia, Slovenia, South Africa, Switzerland,the FYR of Macedonia, United Arab Emirates, Venezuela, Vietnam
    • Against: None
    • Abstentions: Albania, Belgium, Botswana, Congo, Cote D'Ivoire, Ethiopia, Georgia, Germany, Ghana, India, Latvia, Netherlands, Paraguay, South Korea, Togo, and the United Kingdom
  • "Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem," A/HRC/RES/29/25, was adopted by the UN Human Rights Council on July 3, 2015.

    The vote was 41 for, 5 abstentions, and 1 against.
    • For: Albania, Algeria, Argentina, Bangladesh, Bolivia, Botswana, Brazil, China, Congo, Cote D'Ivoire, Cuba, El Salvador, Estonia, France, Gabon, Germany, Ghana, Indonesia, Ireland, Japan, Kazakhstan, Latvia, Maldives, Mexico, Montenegro, Morocco, Namibia, Netherlands, Nigeria, Pakistan, Portugal, Qatar, Republic of Korea, Russian Federation, Saudi Arabia, Sierra Leone, South Africa, United Arab Emirates, United Kingdom, Venezuela, Vietnam
    • Against: United States
    • Abstentions: Ethiopia, India, Kenya, Paraguay, the FYR of Macedonia
  • "Ensuring respect for international law in the Occupied Palestinian Territory, including East Jerusalem," A/HRC/RES/S-21/1, was adopted by the UN Human Rights Council on July 23, 2014.

    The vote was 29 for, 17 abstentions, and 1 against.
    • For: Algeria, Argentina, Brazil, Chile, China, Congo, Costa Rica, Cote d'Ivoire, Cuba, Ethiopia, India, Indonesia, Kazakhstan, Kenya, Kuwait, Maldives, Mexico, Morocco, Namibia, Pakistan, Peru, Philippines, Russian Federation, Saudi Arabia, Sierra Leone, South Africa, United Arab Emirates, Venezuela, Vietnam
    • Against: United States
    • Abstentions: Austria, Benin, Botswana, Burkina Faso, Czech Republic, Estonia, France, Gabon, Germany, Ireland, Italy, Japan, Montenegro, Republic of Korea, Romania, the FYR of Macedonia, and the United Kingdom