Israel-Palestine: For Human Values in the Absence of a Just Peace | Page 43
Israel-Palestine: For Human Values in the Absence of a Just Peace
Annex A: Principles of International Law in Israel-Palestine
Continuing Occupation and Obligations of the Occupying Power. Belligerent occupation
is governed by the Hague Regulations of 1907, as well as by the Fourth Geneva
Convention of 1949, and the customary laws of belligerent occupation. UN Security
Council Resolution 1322 (2000), paragraph 3: “Calls upon Israel, the occupying Power,
to abide scrupulously by its legal obligations and its responsibilities under the Fourth
Geneva Convention relative to the Protection of Civilian Persons in a Time of War of 12
August 1949…” The Security Council vote was 14 to 0, making it obligatory
international law.
The Fourth Geneva Convention applies to the West Bank, to the Gaza Strip, and to the
City of Jerusalem. The Palestinian people living in these occupied Palestinian territories
are “protected persons” within the meaning of the Fourth Geneva Convention. All of their
human rights are protected under international law. Thus, the denial of human rights, the
use of collective punishment, closure of areas, annexation of land, establishment of
settlements and the continuing actions by Israel designed to change the legal status,
geographical nature and demographic composition of the Occupied Palestinian Territory,
including Jerusalem, violate international law. Israel, as Occupying Power, is obliged
under international law to preserve the territorial integrity of all the Occupied Palestinian
Territory and to guarantee the freedom of movement of persons and goods within the
Palestinian territory, including the removal of restrictions on movement into and from
East Jerusalem, and the freedom of movement to and from the outside world. See, e.g.,
UNGA/RES/56/62, 2001.
Resistance by those Subject to Occupation. Occupied people have, by weight of
customary international law, expressed in many UN resolutions, the right to militarily
resist their occupation and subjugation as long as this resistance is properly conducted
within the confines of international humanitarian law. General Assembly Resolution
A/RES/3246 (XXIX) (November 1974).
Settlements. International law clearly prohibit the settlement of Israeli citizens in the
OPT. As a result, all State actions in support of the establishment and maintenance of the
settlements, including incentives to create them and the establishment of infrastructure to
support them, are illegal under international law. (Fourth Geneva Convention of 1949)
Jerusalem. Israel’s annexation of East Jerusalem contravenes customary international
law, as confirmed by Security Council and General Assembly resolutions and recognized
by the International Court of Justice. Because of its illegality, the annexation has not been
recognized by any foreign state. Under international law, East Jerusalem remains part of
the West Bank and is occupied territory. See, for example, UN Security Council
Resolution 478, 1980. Accordingly, all settlement-related activities and any legal or
administrative decision or practice that directly or indirectly coerces Palestinians to leave
East Jerusalem— including evictions, demolitions, forced displacements and cancelation
of residence permits on a discriminatory basis— are illegal under international human
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