• In 2024, in the advisory opinion on Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, the Court found that Israel’s continued presence in the Occupied Palestinian Territory, including East Jerusalem, is unlawful, that Israel must bring it to an end as rapidly as possible and that Israel must cease all settlement activity and evacuate all settlers. The Court said, “Among the obligations erga omnes violated by Israel are the obligation to respect the right of the Palestinian people to self-determination and the obligation arising from the prohibition of the use of force to acquire territory as well as certain of its obligations under international humanitarian law and international human rights law.”38 The violation of the right to self-determination is a violation of the ICCPR and the ICESCR, both of which recognise that right. The Court also found that “all States are under an obligation not to recognize as legal the situation arising from the unlawful presence of the State of Israel in the Occupied Palestinian Territory and not to render aid or assistance in maintaining the situation created by the continued presence of the State of Israel in the Occupied Palestinian Territory”.39 The Court set out some of the obligations of States, including “to abstain from entering into economic or trade dealings with Israel concerning the Occupied Palestinian Territory or parts thereof which may entrench its unlawful presence in the territory; … and to take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the Occupied Palestinian Territory”.40 An NHRI whose functions include advising its government and parliament on actions that should be taken to comply better with its home State’s international human rights obligations is able to provide advice on these kinds of obligations that arise in relation to extra-territorial human rights situations. It is not advising the State where the situation occurs but its own State. It is not advising on the obligations of the State where the situation occurs but on the obligations of its own State. This is in accordance with its functions under its law. The areas of action on which an NHRI can provide advice to its government and parliament include all those by which the State can contribute to preventing or ending violations, including political, diplomatic, economic, cultural and possibly even military actions, provided that the actions are in accordance with international law. This is made clear in the advisory opinion of the International Court of Justice on Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, where the Court referred not only to action generally to end and not to aid or assist violations but also to specific areas in which action must be taken.41 National Human Rights Commission of Mongolia Situation in Palestine The National Human Rights Commission of Mongolia delivered an official letter to the Ministry of Foreign Affairs of Mongolia to express its position clearly at the United Nations in relation to the allegations of gross human rights violations during the crisis in Palestine during Israel-Hamas war.42 National Human Rights Commission of Korea Iraq War 2003 The NHRCK issued a statement in 2003 opposing the deployment of Korean troops to Iraq.43 38. International Court of Justice Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem 2024 p 74 at https://icj-cij.org/sites/default/files/case-related/186/186-20240719-adv-01-00-en.pdf. 39. International Court of Justice Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem 2024 p 79 at https://icj-cij.org/sites/default/files/case-related/186/186-20240719-adv-01-00-en.pdf. 40. International Court of Justice Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem 2024 p 76 at https://icj-cij.org/sites/default/files/case-related/186/186-20240719-adv-01-00-en.pdf. 41. International Court of Justice Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem 2024 p 76 at https://icj-cij.org/sites/default/files/case-related/186/186-20240719-adv-01-00-en.pdf. 42. Not available on the website. From information provided for this paper by the National Human Rights Commission of Mongolia. 43. Not available on the website. From information provided for this paper by the National Human Rights Commission of the Republic of Korea. National action on international issues 31