On 22 August 2024, the UN Committee on the Elimination of Racial Discrimination (CERD/the Committee) revealed the report of the advert hoc Conciliation Fee (the Fee) in Palestine v Israel. This marks the ultimate stage of the inter-State communications process initiated by Palestine in April 2018 beneath Article 11 of the Worldwide Conference on the Elimination of All Types of Racial Discrimination (ICERD), and the primary inter-State case to be accomplished earlier than a UN human rights treaty physique. The choice, nevertheless, should be thought of a missed alternative to have interaction intimately with Palestine’s arguments, notably on Article 3 and apartheid. This put up will think about the shortcomings within the determination and replicate on the place CERD may go from right here in relation to the scenario within the Occupied Palestinian Territory (OPT).
First, simply to notice the excellence between CERD and the Fee as set out in ICERD’s inter-State communications mechanism. Below Article 11, CERD decides on preliminary questions of jurisdiction and admissibility. If the case progresses, an advert hoc Conciliation Fee comprising 5 individuals is appointed and tasked with analyzing the problems of substance. As mentioned beforehand on this weblog, if the events to the dispute agree, then the Fee could be composed of any particular person (with some minor restrictions) together with exterior members. If not, the Fee is elected from amongst CERD members. In Palestine v Israel, there was no settlement between the events and so the Fee is comprised totally of CERD members. However it isn’t per se a CERD determination, somewhat a call of the Fee that’s then communicated (i.e. revealed) by CERD.
