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Memorandum

The delegations of Spain, Netherlands, Romania, and Palestine submitted a memorandum to the International Court of Justice addressing the humanitarian crisis and legal issues arising from the Israel-Palestine conflict. They emphasize the need for adherence to international law, the protection of civilians, and the establishment of humanitarian corridors, while calling for a two-state solution and accountability for violations of international law. The memorandum requests the ICJ to issue an advisory opinion affirming the applicability of international humanitarian law and support peace negotiations.

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Memorandum

The delegations of Spain, Netherlands, Romania, and Palestine submitted a memorandum to the International Court of Justice addressing the humanitarian crisis and legal issues arising from the Israel-Palestine conflict. They emphasize the need for adherence to international law, the protection of civilians, and the establishment of humanitarian corridors, while calling for a two-state solution and accountability for violations of international law. The memorandum requests the ICJ to issue an advisory opinion affirming the applicability of international humanitarian law and support peace negotiations.

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Abdul Ahad
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Memorandum

To: Honorable Judges of the Interna5onal Court of Jus5ce (ICJ)


From: Delega5ons of Spain, Netherlands, Romania, and Pales5ne
Subject: Joint Memorandum on the Israel-Pales5ne Conflict
Introduc5on:
The delega)ons of Spain, Netherlands, Romania, and Pales)ne submit this memorandum to
the Interna)onal Court of Jus)ce concerning the escala)ng humanitarian crisis and legal
challenges arising from the Israel-Pales)ne conflict. As countries that uphold human rights
and interna)onal law, we jointly express our deep concern regarding the ongoing violence,
severe civilian impact, and the urgent need for a resolu)on that aligns with the principles of
interna)onal law. Our aim is to promote a framework for peace that ensures jus)ce,
accountability, and the protec)on of civilian lives.

Statement of Facts:
The Israel-Pales)ne conflict is deeply rooted in historical, poli)cal, and
territorial disputes, da)ng back to the early 20th century. In recent years, this longstanding
conflict has intensified, resul)ng in widespread civilian casual)es and a deteriora)ng
humanitarian situa)on, par)cularly within the Pales)nian territories. The latest escala)on
began on October 7, 2023, with an aNack by Hamas resul)ng in over 1,200 Israeli deaths,
which included civilians, military personnel, and foreign na)onals. Following this incident,
the response has seen significant Pales)nian casual)es, with over 22,835 killed and more
than 58,416 injured, including a dispropor)onate number of women and children. The
blockade imposed on Gaza has further exacerbated the crisis, limi)ng access to food, water,
electricity, and medical supplies.

The delega)ons of Spain, Netherlands, and Romania recognize the legi)macy of state
sovereignty and security concerns but assert that the principle of propor)onality in armed
conflict, as outlined in interna)onal humanitarian law, must be observed. Meanwhile,
Pales)ne, represen)ng the affected popula)on, calls for immediate relief from the ongoing
siege and violence. We collec)vely stress the urgent need for humanitarian aid and
interna)onal interven)on to address this crisis.

Applicable Law:
This memorandum rests on several key principles of interna)onal law and
human rights conven)ons:
1. Geneva Conven)ons (1949): Par)cularly the Fourth Geneva Conven)on,
which outlines the protec)on of civilians in )mes of war. Both par)es are reminded of their
obliga)ons to protect civilian lives and property and to avoid targe)ng non-combatants.
2. Universal Declara)on of Human Rights (1948): Ar)cles pertaining to the right
to life, freedom, and security of person, along with the right to an adequate standard of
living. Restric)ons on access to essen)als such as food, water, and medical care are direct
viola)ons of these basic rights.
3. UN Security Council Resolu)ons: Notably Resolu)ons 242 (1967), 338 (1973),
and 2334 (2016), which call for withdrawal from occupied territories and emphasize the
inadmissibility of acquiring land by war. These resolu)ons serve as a founda)on for peace
nego)a)ons and underscore the importance of a two-state solu)on.
4. Interna)onal Covenant on Civil and Poli)cal Rights (1966): Ar)cles within this
covenant affirm the right to self-determina)on, peaceful assembly, and protec)on from
arbitrary depriva)on of life, which are relevant to the popula)ons affected by the conflict.
5. ICJ Advisory Opinions: Previous advisory opinions by the ICJ, such as the one
on the legal consequences of the construc)on of a wall in the occupied Pales)nian territory
(2004), provide a legal precedent emphasizing the right of Pales)nians to freedom of
movement and the inadmissibility of unilateral ac)ons impac)ng territorial integrity.

Arguments:
1. Humanitarian Concerns and Civilian Protec)on
The delega)ons urge the ICJ to address the serious humanitarian concerns affec)ng
Pales)nian civilians, par)cularly in Gaza, who are currently deprived of basic needs. The
blockade has led to severe shortages of food, water, electricity, and medical supplies, which
violates humanitarian principles under the Geneva Conven)ons. We advocate for the
establishment of humanitarian corridors to ensure that aid can reach those in need without
obstruc)on.
2. Propor)onality in the Use of Force
Interna)onal humanitarian law mandates that the use of force in armed conflict must be
propor)onate. While recognizing Israel’s right to self-defense, the delega)ons urge the ICJ to
examine whether recent ac)ons have met the requirement of propor)onality. The extensive
loss of life and destruc)on of infrastructure in Pales)nian territories raises serious ques)ons
about adherence to this principle. We call for accountability mechanisms to inves)gate any
dispropor)onate use of force and to prevent further civilian harm.
3. Right to Self-Determina)on
The delega)ons affirm the Pales)nian people’s right to self-determina)on, a principle
enshrined in the UN Charter and numerous interna)onal agreements. We request that the
ICJ reaffirms this right and urges all par)es involved to respect it. Achieving self-
determina)on for Pales)ne is crucial for a sustainable and peaceful resolu)on to the
conflict.
4. Path to Peace and Accountability
We call for a renewed commitment to peace nego)a)ons facilitated by neutral par)es, with
the goal of establishing a two-state solu)on based on pre-1967 borders, as supported by
various UN resolu)ons. Accountability is essen)al for las)ng peace; hence, we urge the ICJ
to recommend independent inves)ga)ons into alleged viola)ons of interna)onal law. This
would not only ensure jus)ce for vic)ms but also serve as a deterrent against future
breaches.

Request for Relief


Given the aforemen)oned facts and legal principles, the delega)ons of Spain, Netherlands,
Romania, and Pales)ne respecfully request the ICJ to:

1. Issue an advisory opinion affirming the applicability of interna)onal


humanitarian law and human rights law in the Israel-Pales)ne conflict.
2. Urge the establishment of humanitarian corridors to allow for the unimpeded
delivery of food, water, and medical aid to Pales)nian civilians.
3. Recommend a cessa)on of hos)li)es and encourage peace nego)a)ons
under the auspices of the United Na)ons.
4. Support the forma)on of an independent commission to inves)gate
allega)ons of dispropor)onate use of force and other poten)al viola)ons of interna)onal
law by all par)es involved.
5. Reaffirm the right to self-determina)on for the Pales)nian people and
emphasize the importance of a two-state solu)on as a pathway to sustainable peace.

Conclusion:
The delega)ons of Spain, Netherlands, Romania, and Pales)ne present this
memorandum with a sincere commitment to promo)ng peace, jus)ce, and the rule of law.
We believe that the ICJ’s guidance on this maNer will be instrumental in addressing the
humanitarian crisis, safeguarding civilian lives, and laying the groundwork for a peaceful
resolu)on to the Israel-Pales)ne conflict. By focusing on adherence to interna)onal law and
humanitarian principles, we can work toward a future in which Israelis and Pales)nians
coexist peacefully, with mutual respect and security.

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