A commission comprising UN experts has warned that countries enabling Israel’s “unlawful occupation” of the Palestinian territories and assisting Israel despite warnings of war crimes in the besieged Gaza Strip should be deemed “complicit”.

The United Nations Independent International Commission of Inquiry in a new legal position paper on Friday warned that all states must follow the provisional measures ordered by the International Court of Justice (ICJ) in a case brought by South Africa accusing Israel of committing genocide in Gaza.

“States may be complicit in failing to prevent genocide if they do not act in compliance with the court orders, and directly aid or assist in the commission of genocide,” said the commission.

The United Nations’ top court earlier this year ordered the Israeli regime to take all measures within its power to prevent genocide in Gaza. The regime has not changed course despite these clear orders as it continues indiscriminate bombing campaigns across the besieged strip. 

The commission headed by Navi Pillay, a former UN rights chief also stressed that the UN also needed to do more to ensure Israel complies with its obligations under international law.

It decried that the 15-member Security Council in particular had repeatedly failed to act due to the veto power wielded by one of its five permanent members, implicitly referring to the United States, Israel’s main benefactor.

“The commission is of the view that, when peremptory norms of international law are violated, the permanent members of the Security Council should not be allowed to exercise their veto as this is contrary to the obligation to uphold peremptory norms of international law,” it said.

The experts say the US is supplying weapons to facilitate the indiscriminate killing of civilians while providing diplomatic cover to Tel Aviv at the United Nations.

Despite the continued flagrant crimes and massacres committed by the Israeli regime in the Gaza Strip, the US administration is still determined to maintain its support for the regime, which makes it a vital partner in the ongoing genocide in Gaza.

More than 42,500 Palestinians have so far been killed in Israel’s full-blown campaign of genocide against Gaza since October 7, 2023. This war, like all other Israeli actions, has received full support from the United States.

The three-person commission, established by the UN Human Rights Council to investigate international law violations in the Palestinian territories, also spelled out specific actions required following a recent advisory opinion from the ICJ declaring Israel’s occupation since 1967 “unlawful”.

Pillay, the commission chief, said all countries are “obligated not to recognize territorial or sovereignty claims made by Israel over the occupied territories”.

States “must not recognize” al-Quds as the capital of the Israeli entity or place its diplomatic representatives in the occupied city, she said. 

States must also refrain from rendering “aid or assistance in maintaining the unlawful occupation”, she said, adding that this included all “financial, military and political aid or support.”

The commission also examines the implications of last month’s UN General Assembly vote demanding the occupation end within a year.

The UN General Assembly vote meant “Israel was under an international legal obligation to cease all new settlement activity and dismantle existing settlements as rapidly as possible”.

In recent months, Israel has accelerated approval of new settlements across West Bank as the regime’s forces continue to raid areas across the occupied Palestinian territories.

Since the Israeli aggression in the besieged Gaza Strip began on October 7, 2023, Israeli troops or settlers have killed at least 738 Palestinians in the occupied West Bank as well.