IPU, Alm.del - 2023-24 - Bilag 7: Emergency Items of the 148th Assembly in Geneva

Dansk Interparlamentarisk Gruppes bestyrelse 2023-24
IPU Alm.del Bilag 7
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148th IPU Assembly

Geneva, 23–27 March 2024

Assembly

Item 2

A/148/2-P.1-rev

24 March 2024

Consideration of requests for the inclusion of an

emergency item in the Assembly agenda

Request for the inclusion of an emergency item

in the agenda of the 148th Assembly of the Inter-Parliamentary Union

submitted by the delegation of South Africa, with the support of

the Arab Group and the African Group

On 22 March 2024, the IPU President received from the delegation of South Africa with the support of

the Arab Group and the African Group a request and accompanying documents for the inclusion in the

agenda of the 148th Assembly of an emergency item entitled:

“Raising awareness of the International Court of Justice provisional measures for Israel in relation to

Palestinians in Gaza, and of the need for urgent action on the humanitarian crisis in Gaza”.

Delegates to the 148th Assembly will find attached the text of the communication submitting the request

(Annex I), as well as an explanatory memorandum (Annex II) and a draft resolution (Annex III) in support

thereof.

The 148th Assembly will be required to take a decision on the request of the delegation of South Africa,

with the support of the Arab Group and the African Group on Sunday, 24 March 2024.

Under the terms of Assembly Rule 11.1, any Member of the IPU may request the inclusion of an

emergency item in the Assembly agenda. Such a request must be accompanied by a brief explanatory

memorandum and a draft resolution, which clearly define the scope of the subject covered by the

request. The IPU Secretariat shall communicate the request and any such documents immediately to all

Members.

Furthermore, Assembly Rule 11.2 stipulates that:

(a)

A request for the inclusion of an emergency item must relate to a recent major situation of

international concern on which urgent action by the international community is required and on

which it is appropriate for the IPU to express its opinion and mobilize a parliamentary response.

Such a request must receive a two-thirds majority of the votes cast in order to be accepted.

The Assembly may place only one emergency item on its agenda. Should several requests obtain

the requisite majority, the one having received the largest number of positive votes shall be

accepted.

The authors of two or more requests for the inclusion of an emergency item may combine their

proposals to present a joint one, provided that each of the original proposals relates to the same

subject.

The subject of a proposal that has been withdrawn by its authors or rejected by the Assembly

cannot be included in the draft resolution submitted on the emergency item, unless it is clearly

referred to in the request and title of the subject adopted by the Assembly.

(b)

(c)

(d)

#IPU148

IPU, Alm.del - 2023-24 - Bilag 7: Emergency Items of the 148th Assembly in Geneva

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A/148/2-P.1-rev

ANNEX I

Original: English

COMMUNICATION ADDRESSED TO THE IPU PRESIDENT BY

THE DELEGATION OF SOUTH AFRICA, WITH THE SUPPORT

OF THE ARAB GROUP AND THE AFRICAN GROUP

22 March 2024

Dear Madam President,

I hereby submit on behalf of the South African delegation the draft emergency item for the

148th Assembly to be held in Geneva from the 23-27 March 2024.

The item is submitted in the name of Hon. Sylvia Lucas, the Deputy Chairperson of National

Council of Provinces, the Second House of Parliament of the Republic of South Africa.

Hoping that the submission is in order.

Thank you.

Yours sincerely,

Dumisani JOB SITHOLE

Division Manager: International Relations and

Protocol Division of Parliament

IPU, Alm.del - 2023-24 - Bilag 7: Emergency Items of the 148th Assembly in Geneva

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ANNEX II

Original: English

RAISING AWARENESS OF THE INTERNATIONAL COURT OF JUSTICE PROVISIONAL

MEASURES FOR ISRAEL IN RELATION TO PALESTINIANS IN GAZA, AND OF THE NEED

FOR URGENT ACTION ON THE HUMANITARIAN CRISIS IN GAZA

Explanatory memorandum submitted by the delegation of South Africa,

with the support of the Arab Group and the African Group

We advocate for the protection of civilians in both Palestine and Israel and the uninterrupted

delivery of humanitarian assistance in the Gaza Strip.

On 6 March 2024, the International Court of Justice (ICJ) noted that the Israeli military operation in

Gaza, Palestine, subsequent to the Hamas attack on Israel on 7 October 2023, had led to

numerous casualties, the extensive destruction of homes, the displacement of most of the

population and severe damage to civilian infrastructure.

The United Nations agencies’ reported figures from the Gaza Strip reveal that approximately

31,184 Palestinians have been killed, over 72,000 individuals have been injured, and more than

60% of housing units have been destroyed or damaged. Approximately 1.7 million people have

been internally displaced, and devastating losses have been suffered by UN staff, health workers,

and civil defence personnel. The people in Gaza have been deprived of basic necessities, medical

care and essential supplies. We take note of statements made by prominent UN officials and

agencies, including the United Nations Under-Secretary-General for Humanitarian Affairs and

Emergency Relief Coordinator and the World Health Organization, regarding the situation in north

Gaza that they have deemed “uninhabitable”.

Furthermore, we emphasize the legally binding provisional measures indicated by the ICJ against

Israel, including refraining from acts under the Genocide Convention, preventing and punishing

incitement to genocide, and ensuring the provision of humanitarian assistance to civilians in Gaza.

The Court’s provisional measures, notably regarding the entry of humanitarian aid and a

requirement for Israel to report back, offer a critical framework for addressing the complex Israel-

Palestine conflict and ensuring compliance with international legal obligations.

Given the urgent situation in Gaza, we urge consideration of an emergency resolution by the IPU to

take a clear stance in these distressing circumstances.

The draft resolution proposed is built upon relevant international laws, UN and IPU documents, and

offers impartial assessments and comprehensive recommendations for parliaments and the IPU.

The draft resolution underscores the imperative need for immediate action to address the dire

humanitarian crisis in Gaza, highlights the necessity for global awareness, and emphasizes

adherence to the legal measures stipulated by the ICJ. By proposing this resolution, we reaffirm

our dedication to international law, peace, the humanitarian response and the protection of civilian

rights in the region.

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ANNEX III

Original: English

RAISING AWARENESS OF THE INTERNATIONAL COURT OF JUSTICE PROVISIONAL

MEASURES FOR ISRAEL IN RELATION TO PALESTINIANS IN GAZA, AND OF THE NEED

FOR URGENT ACTION ON THE HUMANITARIAN CRISIS IN GAZA

Draft resolution submitted by the delegation of SOUTH AFRICA,

with the support of the ARAB GROUP and the AFRICAN GROUP

The 148th Assembly of the Inter-Parliamentary Union,

(1)

Recalling

all relevant United Nations (UN) resolutions, particularly Security Council

resolution 2712 (2023), which, inter alia, (a) demands that all parties comply with their obligations

under international law, notably with regard to the protection of civilians, (b) calls for urgent and

extended humanitarian pauses and corridors throughout the Gaza Strip to enable unhindered

humanitarian access and urgent rescue and recovery efforts, and (c) calls for the immediate and

unconditional release of all hostages,

(2)

Recalling further

the following IPU resolutions, namely

The consequences of the US

declaration on Jerusalem and the rights of the Palestinian people in Jerusalem in the light of the

UN Charter and resolutions,

adopted at the 138th Assembly in March 2018 and

Raising awareness

and calling for action on the serious humanitarian crises affecting the peoples of Afghanistan, the

Syrian Arab Republic, Ukraine, Yemen and other countries, and on the particular vulnerability of

women and girls,

adopted at the 146th Assembly in March 2023,

(3)

Reiterating

Israel's obligation to adhere to the provisional measures indicated by the

International Court of Justice (ICJ) concerning Palestinians in Gaza, including to prevent the

commission of acts within the scope of Article II of the Genocide Convention, preventing and

punishing direct and public incitement to genocide, and ensuring the provision of humanitarian

assistance to civilians in Gaza,

(4)

Reaffirming

the importance for third parties to act independently and immediately to

prevent genocide by Israel and to ensure that they are not themselves in violation of the Genocide

Convention, including by aiding or assisting in the commission of genocide, which imposes an

obligation on all States to cease funding and facilitating Israel’s military actions, which the ICJ has

indicated to be plausibly genocidal,

(5)

Acknowledging

that the ICJ confirmed its jurisdiction over the situation in Palestine,

paving the way for justice for both Israeli and Palestinian victims of serious international crimes,

(6)

Expressing deep concern

at the dire and rapidly deteriorating humanitarian situation in

the Gaza Strip and its grave impact on the civilian population, and

underlining

the urgent need for

full, rapid, safe and unhindered humanitarian access into and throughout the entire Gaza Strip,

(7)

Noting

the disturbing reports from the leadership of the UN and humanitarian

organizations reaffirming their strong concern for the disproportionate impact of the conflict on the

lives and well-being of children, women and other civilians in vulnerable situations, and thus

emphasizing the need for the humanitarian principles of humanity, impartiality, neutrality and

independence to prevail,

(8)

Stressing

the obligation of all UN Member States to respect and protect humanitarian

relief and medical personnel,

commending

the indispensable and ongoing efforts of the UN, its

specialized agencies and all other humanitarian and medical personnel active in the Gaza Strip to

alleviate the impact of the conflict on civilians, and

expressing

condolences for all civilians,

including humanitarian and medical personnel, killed during this conflict,

(9)

Emphasizing

the need for all parties to the conflict to take appropriate steps in

ensuring the safety and security of UN and associated personnel, the personnel of its specialized

agencies, and all other personnel engaged in humanitarian relief activities, consistent with

international humanitarian law, without prejudice to their freedom of movement and access, and

without in any way hindering their relief efforts,

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ANNEX III

(10)

Acknowledging

the pivotal role that the IPU can play in supporting diplomatic efforts

and fostering dialogue to resolve the conflict between Palestine and Israel, and

encouraging

the

Organization to continue its efforts in promoting mutual understanding, trust and peaceful

resolutions,

Urges

all Member Parliaments of the IPU to actively raise awareness about the

provisional measures indicated by the ICJ pertaining to Israel, in relation to

Palestinians in Gaza, and to advocate for their implementation;

Emphasizes

the importance of providing urgent humanitarian aid and support to the

civilian population in Gaza and

calls for

immediate and unhindered humanitarian

access and relief into and throughout the entire Gaza Strip;

Encourages

parliaments to ensure that their respective governments are not in

violation of the Genocide Convention, including by aiding or assisting in the

commission of acts of genocide, and to take any necessary legislative and diplomatic

measures to prevent and prohibit any actions that could contribute to such violations;

Calls upon

the UN and the international community to establish an inclusive roadmap

to facilitate dialogue and negotiations aimed at achieving a peaceful resolution to the

conflict in the region, and to ensure the protection of civilians, particularly children and

women;

Encourages

parliaments to be actively involved in supporting efforts towards a

multilateral initiative to achieve the existence of a two-State solution based on the

1967 borders, and to urge their respective governments to recognize the State of

Palestine on the basis of the 1967 borders, with East Jerusalem as its capital, in

accordance with UN resolutions;

Further encourages

parliaments to collaborate with their governments to support the

United Nations Relief and Works Agency for Palestine Refugees in the Near East

(UNRWA) in executing aid programmes for the relief of Palestinian refugees, in line

with UN General Assembly Resolution 302 (IV) of December 1949;

Calls on

the IPU to take proactive steps in facilitating dialogue, cooperation and

reconciliation between parliamentarians from Israel and Palestine, with the aim of

fostering mutual understanding, building trust and promoting peaceful resolutions to

the ongoing conflict;

Acknowledges

and

welcomes

the motion put forth by the Standing Committee on

United Nations Affairs on reform of the United Nations Security Council, thereby

initiating potential parliamentary action aimed at advancing discussions on reform to

increase the Security Council’s efficacy in addressing current challenges, including the

ongoing conflict between Palestine and Israel, as this conflict has persistently

remained on the UN agenda for the past 76 years without a resolution.