Browsing by Author "Jaffer, Zameer"

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    The enforcement of the Palestinian right to self-determination: an examination of third state obligations and countermeasures
    (University of the Western Cape, 2024) Jaffer, Zameer
    The enforcement of the Palestinian people's right to self-determination has been a longstanding issue on the United Nations agenda. While self-determination is universally recognised as a foundational principle of international law, the Palestinian claim to this right has been persistently obstructed, most notably by Israel’s breach of peremptory norms of general international law, including: the violation of human rights and humanitarian law; the prohibition of acquisition of territory by force; and the prohibition of racial discrimination and apartheid. This study interrogates whether states not directly injured by the denial of the Palestinian right self-determination, have a right to resort to countermeasures against Israel. The jus cogens nature of self-determination, triggers erga omnes obligations, suggesting that all states share a collective interest in enforcing compliance with jus cogens norms. However, enforcement has been hindered by the structural weaknesses of the United Nations Security Council. Within this context, the thesis explores the legal framework of decentralised enforcement mechanisms, focusing on their legal basis and customary status. In doing so, this thesis examines the field of state responsibility, offering a critical analysis of whether non- injured states can lawfully adopt countermeasures to end the prolonged occupation and advance the right to self-determination for Palestinians in Gaza, the Occupied Palestinian Territories, and Palestinian refugees worldwide.