A Commentary on the Decision of the Committee on the Elimination of Racial Discrimination on its Jurisdiction regarding the Interstate Communication submitted by the State of Palestine against the Israeli Occupation.

Document Type : Original Article

Author

Public International Law, Faculty of Law, Alexandria University, Egypt

Abstract

The Ad Hoc Conciliation Commission - established by the Committee on the Elimination of Racial Discrimination (CERD) pursuant to Articles 11-13 of the Convention on the Elimination of All Forms of Racial Discrimination- has begun to formulate its recommendations in the interstate communication submitted by the State of Palestine against the Israeli occupation. While the Arab world awaits those recommendations to emphasize the Israeli occupation's discriminatory policies against the Palestinian people, pro-Israeli occupation States will question the legitimacy of those recommendations on the ground that they are based in the first place on an invalid decision which is the decision of CERD issued 12 December 2019 on its jurisdiction regarding the interstate communication submitted by the State of Palestine. In that decision, the Committee concluded that it has jurisdiction despite the statement made by the Israeli occupation upon Palestine’s accession by which it excluded any treaty relationship with the State of Palestine under the Convention on the Elimination of All Forms of Racial Discrimination. In this article, the researcher supports the Committee’s decision on jurisdiction; however, she believes that it had not been sufficiently substantiated, allowing its opponents to question its legitimacy and that of its implications. Therefore, this research aims to reinforce the arguments of CERD decision on jurisdiction to block any attempt to question the legitimacy of the recommendations expected of the Ad hoc Conciliation Commission regarding the Israeli occupation's discriminatory policies against the Palestinian citizens.

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