The History of Palestine and Israel's Occupation: A Legal and Ethical Analysis

The term 'occupation' has significant legal and ethical implications under international law, particularly when referring to the regions controlled by Israel since 1967. This article delves into the historical context, the legal framework, and the violations of international law that have occurred during and after the occupation.

The Legal Definition of Occupation

(Article 42 of the 1907 Hague Regulations) states that territory is considered occupied 'when it is actually placed under the authority of the hostile army'. Under international law, an occupying power's actions are constrained by certain principles to minimize disruption and protect the rights of the civilians.

Provisions of International Law During Occupation

International conventions such as the Hague Regulations and the Geneva Conventions stipulate that an occupying power should:

Introduce minimal changes to the territory's status quo and refrain from altering the pre-occupation conditions. Protect the property rights of the locals and allow the flow of humanitarian aid. Avoid moving its own population into the occupied territory, which is considered a war crime.

Despite these principles, Israel has been criticized for failing to adhere to them. As of 2024, the number of Israeli settlers in the West Bank and East Jerusalem stands at around 775,000.

The Israeli Occupation in Perspective

Apartheid has been used to describe the treatment of Palestinians, particularly those living in Gaza and the West Bank. According to the 1998 Rome Statute and the 1973 International Convention on the Suppression and Punishment of the Crime of Apartheid, apartheid consists of:

An intent to maintain domination by one racial group over another. A context of systematic oppression by one group over another. Inhumane acts.

Amnesty International and Human Rights Watch report that policies of segregation, dispossession, and exclusion clearly amount to apartheid. Palestinians occupy at least 65 discriminatory laws, according to Adalah, an Israeli human rights law group.

The International Court of Justice's Ruling

In its advisory opinion of July 19, 2024, the International Court of Justice (ICJ) concluded that Israel's occupation of Palestine is illegal and that Israel is in breach of Article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination, which includes the crime of apartheid.

Israel occupied the West Bank and East Jerusalem after the Six-Day War in 1967, a conflict following the 1948 Arab-Israeli War. The Jerusalem Law of 1980 declared that East and West Jerusalem were the capital of Israel, despite UN Security Council Resolution 478 deeming it null and void.

In 2005, Israel claimed to withdraw from Gaza under the disengagement plan, but the Israel-Gaza blockade continued, leading the UN and other organizations to still refer to Gaza as occupied territory.

The Impact of Israeli Settlements

The Israeli government has actively enabled and facilitated the expansion of settlements in the West Bank and East Jerusalem, a move considered illegal under international law. The Fourth Geneva Convention bans an occupying power from transferring its population to the occupied territory, yet Israel has built and funded thousands of homes for settlers, reversing a temporary freeze in 1993 after the Oslo Accords.

The separation wall, constructed in 2002, further isolates and divides Palestinian communities, cutting them off from their lands and services. The ICJ ruled in 2004 that the wall's construction violated international law, but it remains in place, demonstrating Israel's disregard for international legal frameworks.

Future Perspectives

Despite the international recognition of Palestine as a non-member observer state, with 145 of the 193 UN member states recognizing it, the situation remains contentious. The US's recognition of Jerusalem as Israel's capital and the disengagement of other countries such as Russia and Australia underscore the ongoing debate over recognition and sovereignty.

The importance of compliance with international law in the context of the Israeli-Palestinian conflict cannot be overstated. It is crucial for all parties involved to adhere to the principles set forth in international conventions to ensure the protection and rights of millions of civilians.