Basic HTML Version
Summer 2017
DEFENDERS
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condemning them.
The noteworthy point is that UNESCO’s
documents and resolutions are not the sole
international documents, which condemn
Israel as an occupying force and consider its
actions as being against the rules of human
rights and international humanitarian
law. In its advisory opinion in 2004, the
International Court of Justice (ICJ) focused
on the construction of the separation
wall by Israel and asked Tel Aviv, as the
occupying power, to show respect for the
rules of human rights and international
humanitarian law. The question is what
effects will international documents like
UNESCO’s resolutions and statements have within the international system?
Section IV: Impact of UNESCO’s measures on the
international system
As is common with any declaration and recommendation in the international
system, they emphasis and affirm the existing rules. UN organs such as
UNESCO make decisions on various issues through declarations and
recommendations, which are not binding for member countries.
8
Within
UNESCO and according to a directive by its board, any member state, along
with two other member states, can offer a proposal, resolution and so forth.
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It must be noted that the effect of any resolution depends on its type and
nature. As is common in the United Nations, a “resolution” is used to
announce a decision or recommendation. The important point here is that only
those documents are binding that can create and impose obligations on their
addressees.
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Therefore, any decision, declaration and recommendation can be assessed on
the basis of its nature, customary rules that it lays out, its subject matter, words
and phrases used in it, its possible impact on the enforcement of the customary
international law, the method through which it is approved, as well as the
number of voters, who vote for or against it.
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Of course, documents adopted against Israel by UNESCO are by no means
binding and this is why phrases like “remembering…, reaffirming…,
expressing regret…,” and “demanding…” have been used in these documents
to highlight their nonbinding nature. However, the main effect that adoption of
such documents, including various decisions made by UNESCO is that, first
of all, they shed light on a common procedure and what member states, as the
main members of the international system, believe in. In the next stage and
with regard to the subject of this paper, which is Israel, such documents address
In 2004, the International
Court of Justice (ICJ) focused
on the construction of the
separation wall by Israel
and asked Tel Aviv, as the
occupying power, to show
respect for the rules of human
rights and international
humanitarian law