Israeli occupation
   HOME

TheInfoList



OR:

Israeli-occupied territories are the lands that were captured and occupied by
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
during the
Six-Day War The Six-Day War (, ; ar, النكسة, , or ) or June War, also known as the 1967 Arab–Israeli War or Third Arab–Israeli War, was fought between Israel and a coalition of Arab states (primarily Egypt, Syria, and Jordan) from 5 to 10 Ju ...
of 1967. While the term is currently applied to the
Palestinian territories The Palestinian territories are the two regions of the former British Mandate for Palestine that have been militarily occupied by Israel since the Six-Day War of 1967, namely: the West Bank (including East Jerusalem) and the Gaza Strip. The ...
and the
Golan Heights The Golan Heights ( ar, هَضْبَةُ الْجَوْلَانِ, Haḍbatu l-Jawlān or ; he, רמת הגולן, ), or simply the Golan, is a region in the Levant spanning about . The region defined as the Golan Heights differs between di ...
, it has also been used to refer to areas that were formerly occupied by Israel, namely the
Sinai Peninsula The Sinai Peninsula, or simply Sinai (now usually ) (, , cop, Ⲥⲓⲛⲁ), is a peninsula in Egypt, and the only part of the country located in Asia. It is between the Mediterranean Sea to the north and the Red Sea to the south, and is ...
and
southern Lebanon Southern Lebanon () is the area of Lebanon comprising the South Governorate and the Nabatiye Governorate. The two entities were divided from the same province in the early 1990s. The Rashaya and Western Beqaa Districts, the southernmost distri ...
. Prior to Israel's victory in the Six-Day War, governance of the Palestinian territories was split between
Egypt Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Medit ...
and
Jordan Jordan ( ar, الأردن; tr. ' ), officially the Hashemite Kingdom of Jordan,; tr. ' is a country in Western Asia. It is situated at the crossroads of Asia, Africa, and Europe, within the Levant region, on the East Bank of the Jordan Rive ...
, with the former having occupied the Gaza Strip and the latter having annexed the West Bank; the Sinai Peninsula and the Golan Heights were under the sovereignty of Egypt and Syria, respectively. The first conjoined usage of the terms "occupied" and "territories" with regard to Israel was in
United Nations Security Council Resolution 242 United Nations Security Council Resolution 242 (S/RES/242) was adopted unanimously by the UN Security Council on November 22, 1967, in the aftermath of the Six-Day War. It was adopted under Chapter VI of the UN Charter. The resolution was spons ...
, which was drafted in the aftermath of the Six-Day War and called for: "the establishment of a just and lasting peace in the
Middle East The Middle East ( ar, الشرق الأوسط, ISO 233: ) is a geopolitical region commonly encompassing Arabia (including the Arabian Peninsula and Bahrain), Asia Minor (Asian part of Turkey except Hatay Province), East Thrace (Europ ...
" to be achieved by "the application of both the following principles: ... Withdrawal of Israeli armed forces from territories occupied in the recent conflict ... Termination of all claims or states of belligerency and respect for and acknowledgment of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force." From 1967 to 1981, the four areas were administered under the
Israeli Military Governorate The Israeli Military Governorate was a military governance system established following the Six-Day War in June 1967, in order to govern the civilian population of the West Bank, the Gaza Strip, the Sinai Peninsula and the Western part of Golan ...
and referred to by the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
(UN) as the "Occupied Arab Territories". The Israeli Military Governorate was dissolved in 1981, two years after the
Egypt–Israel peace treaty The Egypt–Israel peace treaty ( ar, معاهدة السلام المصرية الإسرائيلية, Mu`āhadat as-Salām al-Misrīyah al-'Isrā'īlīyah; he, הסכם השלום בין ישראל למצרים, ''Heskem HaShalom Bein Yisrael ...
that saw Egypt recognize Israel and Israel return the Sinai Peninsula to Egypt. After the treaty with Egypt, Israel effectively annexed the Golan Heights into its Northern District through the
Golan Heights Law The Golan Heights Law () is the Israeli law which applies Israel's government and laws to the Golan Heights. It was ratified by the Knesset by a vote of 63―21, on December 14, 1981.Israeli Ministry of Foreign Affairs.Golan Heights Law Althoug ...
, and brought the
West Bank The West Bank ( ar, الضفة الغربية, translit=aḍ-Ḍiffah al-Ġarbiyyah; he, הגדה המערבית, translit=HaGadah HaMaʽaravit, also referred to by some Israelis as ) is a landlocked territory near the coast of the Mediter ...
and the
Gaza Strip The Gaza Strip (;The New Oxford Dictionary of English (1998) – p.761 "Gaza Strip /'gɑːzə/ a strip of territory under the control of the Palestinian National Authority and Hamas, on the SE Mediterranean coast including the town of Gaza.. ...
under the
Israeli Civil Administration The Civil Administration ( he, המנהל האזרחי, '; ar, الإدارة المدنية الإسرائيلية) is the Israeli governing body that operates in the West Bank. It was established by the government of Israel in 1981, in order ...
. Despite the dissolution of the military government, and in line with Egyptian demands, the term ''Occupied Arab Territories'' had remained in use, referring to the West Bank (including East Jerusalem, which Israel effectively annexed in 1980), the Gaza Strip, and the Golan Heights. From 1999 to early 2013, the term "Occupied Palestinian Territory" was used to refer to territories that the interim governing body of the State of Palestine, the
Palestinian National Authority The Palestinian National Authority (PA or PNA; ar, السلطة الوطنية الفلسطينية '), commonly known as the Palestinian Authority and officially the State of Palestine,
(PNA), controlled in the West Bank and the Gaza Strip. The
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
(ICJ), the
UN General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Cur ...
, and the
UN Security Council The United Nations Security Council (UNSC) is one of the Organs of the United Nations, six principal organs of the United Nations (UN) and is charged with ensuring international security, international peace and security, recommending the admi ...
all regard Israel as the occupying power for the territories.Strongly deplores the continued refusal of Israel, the occupying Power, to comply with the relevant resolutions of the Security Council and the General Assembly; UN Special Rapporteur
Richard Falk Richard Anderson Falk (born November 13, 1930) is an American professor emeritus of international law at Princeton University, and Euro-Mediterranean Human Rights Monitor's Chairman of the Board of Trustees. In 2004, he was listed as the autho ...
called Israel's occupation "an affront to international law". The Supreme Court of Israel has ruled that Israel is holding the West Bank under "belligerent occupation".''Beit Sourik Village Council v. The Government of Israel''
(PDF) . Retrieved on April 4, 2017.
According to the
Sasson Report The Sasson Report is an official Israeli government report published on 8 March 2005 that concluded that Israeli state bodies had been discreetly diverting millions of shekels to build West Bank settlements and outposts that were illegal under Is ...
, the Supreme Court of Israel, with a variety of different justices sitting, has repeatedly stated for more than four decades that international law applies to Israel's presence in the West Bank. However, successive
Israeli governments Israeli may refer to: * Something of, from, or related to the State of Israel * Israelis, citizens or permanent residents of the State of Israel * Modern Hebrew, a language * ''Israeli'' (newspaper), published from 2006 to 2008 * Guni Israeli (b ...
have preferred the term "disputed territories" in the case of the West Bank, and Israel likewise maintains that the West Bank is disputed territory. Israel unilaterally disengaged from the Gaza Strip in 2005. The UN and a number of human rights organizations continue to consider Israel as the occupying power of the Gaza Strip due to its blockade of the territory; Israel rejects this characterization. On 24 September 2021, in a speech before the UN General Assembly, the President of the PNA, Mahmoud Abbas, gave Israel a one-year ultimatum to end its military occupation over the Palestinian territories, stating that its failure to do so would lead to the withdrawal of Palestine's 1993 "recognition of Israel based on the
1967 borders The Green Line, (pre-)1967 border, or 1949 Armistice border, is the demarcation line set out in the 1949 Armistice Agreements between the armies of Israel and those of its neighbors (Egypt, Jordan, Lebanon and Syria) after the 1948 Arab–Israe ...
" (under the Oslo I Accord) and the bringing of the matter to the ICJ. In his speech, Abbas referred to Israeli policy as amounting to "
apartheid Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was ...
" and involving "ethnic cleansing".


Overview

The significance of the designation of these territories as occupied territory is that certain legal obligations fall on the
occupying power Military occupation, also known as belligerent occupation or simply occupation, is the effective military control by a ruling power over a territory that is outside of that power's sovereign territory.Eyāl Benveniśtî. The international law ...
under international law. Under
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
there are certain laws of war governing military occupation, including the Hague Conventions of 1899 and 1907 and the Fourth Geneva Convention. One of those obligations is to maintain the ''status quo'' until the signing of a
peace treaty A peace treaty is an agreement between two or more hostile parties, usually countries or governments, which formally ends a state of war between the parties. It is different from an armistice An armistice is a formal agreement of warring ...
, the resolution of specific conditions outlined in a peace treaty, or the formation of a new civilian government.Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 194
Commentary on Part III : Status and treatment of protected persons #Section III : Occupied territories Art. 47
by the
ICRC The International Committee of the Red Cross (ICRC; french: Comité international de la Croix-Rouge) is a humanitarian organization which is based in Geneva, Switzerland, and it is also a three-time Nobel Prize Laureate. State parties (signato ...
Israel disputes whether, and if so to what extent, it is an occupying power in relation to the
Palestinian territories The Palestinian territories are the two regions of the former British Mandate for Palestine that have been militarily occupied by Israel since the Six-Day War of 1967, namely: the West Bank (including East Jerusalem) and the Gaza Strip. The ...
and as to whether Israeli settlements in these territories are in breach of Israel's obligations as an occupying power and constitute a grave breach of the
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conve ...
and whether the settlements constitute war crimes.Rome Statute Of The International Criminal Court Article 8
legal.un.org. Retrieved on 2013-10-18.
Articles 85, 88, and 89 of Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 197

/ref> In 2015, over 800,000 Israelis resided outside the 1949 Armistice Lines, constituting nearly 13% of Israel's Jewish population.


Sinai Peninsula

Israel captured the
Sinai Peninsula The Sinai Peninsula, or simply Sinai (now usually ) (, , cop, Ⲥⲓⲛⲁ), is a peninsula in Egypt, and the only part of the country located in Asia. It is between the Mediterranean Sea to the north and the Red Sea to the south, and is ...
from
Egypt Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Medit ...
in the 1967
Six-Day War The Six-Day War (, ; ar, النكسة, , or ) or June War, also known as the 1967 Arab–Israeli War or Third Arab–Israeli War, was fought between Israel and a coalition of Arab states (primarily Egypt, Syria, and Jordan) from 5 to 10 Ju ...
. It established settlements along the Gulf of Aqaba and in the northeast portion, just below the
Gaza Strip The Gaza Strip (;The New Oxford Dictionary of English (1998) – p.761 "Gaza Strip /'gɑːzə/ a strip of territory under the control of the Palestinian National Authority and Hamas, on the SE Mediterranean coast including the town of Gaza.. ...
. It had plans to expand the settlement of
Yamit Yamit ( he, ימית) was an Israeli settlement in the northern part of the Sinai Peninsula with a population of about 2,500 people. Yamit was established during Israel's occupation of the peninsula from the end of the 1967 Six-Day War until th ...
into a city with a population of 200,000, though the actual population of Yamit did not exceed 3,000. The Sinai Peninsula was returned to Egypt in stages beginning in 1979 as part of the
Egypt–Israel peace treaty The Egypt–Israel peace treaty ( ar, معاهدة السلام المصرية الإسرائيلية, Mu`āhadat as-Salām al-Misrīyah al-'Isrā'īlīyah; he, הסכם השלום בין ישראל למצרים, ''Heskem HaShalom Bein Yisrael ...
. As required by the treaty, Israel evacuated Israeli military installations and civilian settlements prior to the establishment of "normal and friendly relations" between it and Egypt. Israel dismantled eighteen settlements, two air force bases, a naval base, and other installations by 1982, including the only
oil An oil is any nonpolar chemical substance that is composed primarily of hydrocarbons and is hydrophobic (does not mix with water) & lipophilic (mixes with other oils). Oils are usually flammable and surface active. Most oils are unsaturated ...
resources under Israeli control. The evacuation of the civilian population, which took place in 1982, was done forcefully in some instances, such as the evacuation of Yamit. The settlements were demolished, as it was feared that settlers might try to return to their homes after the evacuation. Since 1982, the Sinai Peninsula has not been regarded as occupied territory.


South Lebanon

The Israeli occupation of southern Lebanon took place after
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
invaded
Lebanon Lebanon ( , ar, لُبْنَان, translit=lubnān, ), officially the Republic of Lebanon () or the Lebanese Republic, is a country in Western Asia. It is located between Syria to Lebanon–Syria border, the north and east and Israel to Blue ...
during the 1982 Lebanon War and subsequently retained its forces to support the Christian
South Lebanon Army The South Lebanon Army or South Lebanese Army (SLA; ar, جيش لبنان الجنوبي, Jayš Lubnān al-Janūbiyy), also known as the Lahad Army ( ar, جيش لحد, label=none) and referred to as the De Facto Forces (DFF) by the United Nat ...
militia in Southern Lebanon. In 1982, the
Israeli Defense Forces Israeli may refer to: * Something of, from, or related to the State of Israel * Israelis, citizens or permanent residents of the State of Israel * Modern Hebrew, a language * ''Israeli'' (newspaper), published from 2006 to 2008 * Guni Israeli (b ...
(IDF) and allied
Free Lebanon Army The South Lebanon Army or South Lebanese Army (SLA; ar, جيش لبنان الجنوبي, Jayš Lubnān al-Janūbiyy), also known as the Lahad Army ( ar, جيش لحد, label=none) and referred to as the De Facto Forces (DFF) by the United Nat ...
Christian militias seized large sections of Lebanon, including the capital of
Beirut Beirut, french: Beyrouth is the capital and largest city of Lebanon. , Greater Beirut has a population of 2.5 million, which makes it the third-largest city in the Levant region. The city is situated on a peninsula at the midpoint o ...
, amid the hostilities of the wider
Lebanese Civil War The Lebanese Civil War ( ar, الحرب الأهلية اللبنانية, translit=Al-Ḥarb al-Ahliyyah al-Libnāniyyah) was a multifaceted armed conflict that took place from 1975 to 1990. It resulted in an estimated 120,000 fatalities a ...
. Later, Israel withdrew from parts of the occupied area between 1983 and 1985, but remained in partial control of the border region known as the ''South Lebanon Security Belt'', initially in coordination with the self-proclaimed
Free Lebanon State The Free Lebanon State ( ar, دولة لبنان الحر, translit=Dawlat Lubnān al-Ḥurr), also known as the State of Free Lebanon, was a short-lived state that existed from 1979 to 1984. Proclaimed on 18 April 1979 by Saad Haddad, a Lebane ...
, which executed a limited authority over portions of southern
Lebanon Lebanon ( , ar, لُبْنَان, translit=lubnān, ), officially the Republic of Lebanon () or the Lebanese Republic, is a country in Western Asia. It is located between Syria to Lebanon–Syria border, the north and east and Israel to Blue ...
until 1984, and later with the
South Lebanon security belt administration The South Lebanon security belt administration was a Christianity in Lebanon, Lebanese Christian provisional government body that exercised authority in the Israeli occupation of Southern Lebanon, Israeli-occupied "Security Zone" of southern L ...
and its
South Lebanon Army The South Lebanon Army or South Lebanese Army (SLA; ar, جيش لبنان الجنوبي, Jayš Lubnān al-Janūbiyy), also known as the Lahad Army ( ar, جيش لحد, label=none) and referred to as the De Facto Forces (DFF) by the United Nat ...
(transformed from Free Lebanon Army), until the year 2000. Israel's stated purpose for the Security Belt was to create a space separating its northern border towns from terrorists residing in Lebanon. During the stay in the security belt, the IDF held many positions and supported the SLA. The SLA took over daily life in the security zone, initially as the official force of the
Free Lebanon State The Free Lebanon State ( ar, دولة لبنان الحر, translit=Dawlat Lubnān al-Ḥurr), also known as the State of Free Lebanon, was a short-lived state that existed from 1979 to 1984. Proclaimed on 18 April 1979 by Saad Haddad, a Lebane ...
and later as an allied militia. Notably, the South Lebanon Army controlled the prison in Khiam. In addition,
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
(UN) forces and the
United Nations Interim Force in Lebanon The United Nations Interim Force in Lebanon ( ar, قوة الأمم المتحدة المؤقتة في لبنان, he, כוח האו"ם הזמני בלבנון), or UNIFIL ( ar, يونيفيل, he, יוניפי״ל), is a UN peacekeeping m ...
(UNIFIL) were deployed to the security belt (from the end of
Operation Litani The 1978 South Lebanon conflict (codenamed Operation Litani by Israel) began after Israel invaded southern Lebanon up to the Litani River in March 1978, in response to the Coastal Road massacre near Tel Aviv by Lebanon-based Palestinian mi ...
in 1978). The strip was a few kilometers wide, and consisted of about 10% of the total territory of Lebanon, which housed about 150,000 people who lived in 67 villages and towns made up of
Shiites Shīʿa Islam or Shīʿīsm is the second-largest branch of Islam. It holds that the Islamic prophet Muhammad designated ʿAlī ibn Abī Ṭālib as his successor (''khalīfa'') and the Imam (spiritual and political leader) after him, most n ...
,
Maronites The Maronites ( ar, الموارنة; syr, ܡܖ̈ܘܢܝܐ) are a Christian ethnoreligious group native to the Eastern Mediterranean and Levant region of the Middle East, whose members traditionally belong to the Maronite Church, with the larg ...
, and Druze (most of whom lived in the town of
Hasbaya Hasbeya or Hasbeiya ( ar, حاصبيا) is a town in Lebanon, situated at the foot of Mount Hermon, overlooking a deep amphitheatre from which a brook flows to the Hasbani. In 1911, the population was about 5000. Hasbaya is the capital of the Wa ...
). In the central zone of the Strip was the Maronite town
Marjayoun Marjayoun ( ar, مرج عيون: Lebanese pronunciation), also Marj 'Ayoun, Marjuyun or Marjeyoun (lit. "meadow of springs") and Jdeideh / Jdeida / Jdeidet Marjeyoun, is a Lebanese town and an administrative district, the Marjeyoun District, i ...
, which was the capital of the security belt. Residents remaining in the security zone had many contacts with Israel, many of whom have worked there and received various services from Israel. Before the Israeli election in May 1999, the
Prime Minister of Israel The prime minister of Israel ( he, רֹאשׁ הַמֶּמְשָׁלָה, Rosh HaMemshala, Head of the Government, Hebrew acronym: he2, רה״מ; ar, رئيس الحكومة, ''Ra'īs al-Ḥukūma'') is the head of government and chief exec ...
, Ehud Barak, promised that within a year all Israeli forces would withdraw from Lebanon. When negotiation efforts failed between Israel and Syria—the goal of the negotiations was to bring a peace agreement between Israel and Lebanon as well, due to
Syrian occupation of Lebanon The Syrian occupation of Lebanon ( ar, الاحتلال السوري للبنان, french: Occupation syrienne du Liban) began in 1976, during the Lebanese Civil War, and ended on 30 April 2005 after the Cedar Revolution and several demonstrat ...
until 2005—Barak led the withdrawal of the IDF to the Israeli border on 24 May 2000. No soldiers were killed or wounded during the redeployment to the internationally recognized border of Blue Line.


Golan Heights

Israel captured the
Golan Heights The Golan Heights ( ar, هَضْبَةُ الْجَوْلَانِ, Haḍbatu l-Jawlān or ; he, רמת הגולן, ), or simply the Golan, is a region in the Levant spanning about . The region defined as the Golan Heights differs between di ...
from Syria in the 1967
Six-Day War The Six-Day War (, ; ar, النكسة, , or ) or June War, also known as the 1967 Arab–Israeli War or Third Arab–Israeli War, was fought between Israel and a coalition of Arab states (primarily Egypt, Syria, and Jordan) from 5 to 10 Ju ...
. A ceasefire was signed on 11 June 1967 and the Golan Heights came under Israeli military administration.During the Autumn of 2003, following th
declassification of key Aman documents
, the newspaper
Yedioth Ahronoth ''Yedioth Ahronoth'' ( he, יְדִיעוֹת אַחֲרוֹנוֹת, ; lit. ''Latest News'') is a national daily newspaper published in Tel Aviv, Israel. Founded in 1939 in British Mandatory Palestine, ''Yedioth Ahronoth'' is the largest paid n ...
released a series of controversial articles which revealed that key Israeli figures were aware of considerable danger that an attack was likely, including Golda Meir and Moshe Dayan, but had decided not to act. The two journalists leading the investigation, Ronen Bergman and Gil Meltzer, later went on to publish ''Yom Kippur War, Real Time: The Updated Edition''
Yediot Ahronoth/Hemed Books
2004.
Syria rejected UNSC Resolution 242 of 22 November 1967, which called for the return of Israeli-occupied State territories in exchange for peaceful relations. Israel had accepted Resolution 242 in a speech to the Security Council on 1 May 1968. In March 1972, Syria "conditionally" accepted Resolution 242, and in May 1974, the
Agreement on Disengagement between Israel and Syria The Agreement on Disengagement ( he, הסכם הפרדת הכוחות בין ישראל לסוריה, ar, اتفاقية فك الاشتباك) is an agreement between Israel and Syria that was signed on May 31, 1974, which officially ende ...
was signed. In the
Yom Kippur War The Yom Kippur War, also known as the Ramadan War, the October War, the 1973 Arab–Israeli War, or the Fourth Arab–Israeli War, was an armed conflict fought from October 6 to 25, 1973 between Israel and a coalition of Arab states led by E ...
of 1973, Syria attempted to recapture the Golan Heights militarily, but the attempt was unsuccessful. Israel and Syria signed a ceasefire agreement in 1974 that left almost all the Heights under Israeli control, while returning a narrow demilitarized zone to Syrian control. A United Nations observation force was established in 1974 as a buffer between the sides.Golan Heights profile
BBC. 30 August 2011
By Syrian formal acceptance of
UN Security Council Resolution 338 The three-line United Nations Security Council Resolution 338, adopted on October 22, 1973, called for a ceasefire in the Yom Kippur War in accordance with a joint proposal by the United States and the Soviet Union. The resolution stipulated a ...
, which set out the cease-fire at the end of the Yom Kippur War, Syria also accepted Resolution 242. On 14 December 1981, Israel passed the
Golan Heights Law The Golan Heights Law () is the Israeli law which applies Israel's government and laws to the Golan Heights. It was ratified by the Knesset by a vote of 63―21, on December 14, 1981.Israeli Ministry of Foreign Affairs.Golan Heights Law Althoug ...
, extending Israeli administration and law to the territory. Israel has expressly avoided using the term " annexation" to describe the change of status. However, the
UN Security Council The United Nations Security Council (UNSC) is one of the Organs of the United Nations, six principal organs of the United Nations (UN) and is charged with ensuring international security, international peace and security, recommending the admi ...
has rejected the ''de facto'' annexation in UNSC Resolution 497, which declared it as "null and void and without international legal effect", and consequently continuing to regard the Golan Heights as Israeli-occupied territory. The measure has also been criticized by other countries, either as illegal or as not being helpful to the
Middle East peace process Middle or The Middle may refer to: * Centre (geometry), the point equally distant from the outer limits. Places * Middle (sheading), a subdivision of the Isle of Man * Middle Bay (disambiguation) * Middle Brook (disambiguation) * Middle Creek ( ...
. Syria wants the return of the Golan Heights, while Israel has maintained a policy of "
land for peace Land for peace is a legalistic interpretation of UN Security Council Resolution 242 which has been used as the basis of subsequent Arab-Israeli peace making. The name ''Land for Peace'' is derived from the wording of the resolution's first operativ ...
" based on Resolution 242. The first high-level public talks aimed at a resolution of the Syria–Israel conflict were held at and after the multilateral
Madrid Conference of 1991 The Madrid Conference of 1991 was a peace conference, held from 30 October to 1 November 1991 in Madrid, hosted by Spain and co-sponsored by the United States and the Soviet Union. It was an attempt by the international community to revive the ...
. Throughout the 1990s several Israeli governments negotiated with Syria's president Hafez Al-Assad. While serious progress was made, they were unsuccessful. In 2004, there were 34 settlements in the Golan Heights, populated by around 18,000 people.Golan Facts
.
Today, an estimated 20,000 Israeli settlers and 20,000 Syrians live in the territory. All inhabitants are entitled to
Israeli citizenship Israeli citizenship law details the conditions by which a person holds citizenship of Israel. The two primary pieces of legislation governing these requirements are the 1950 Law of Return and 1952 Citizenship Law. Every Jew in the world has ...
, which would entitle them to an Israeli driver's license and enable them to travel freely in Israel. The non-Jewish residents, who are mostly Druze, have nearly all declined to take Israeli citizenship. In the Golan Heights there is another area occupied by Israel, namely the
Shebaa farms The Shebaa Farms, also spelled Sheba'a Farms ( ar, مزارع شبعا, '; he, חוות שבעא, ''Havot Sheba‘a'' or הר דוב, ''Har Dov''), are a small strip of land at the intersection of the Lebanese-Syrian border and the Israeli-oc ...
. Syria and Lebanon have claimed that the farms belong to Lebanon and in 2007 a UN cartographer came to the conclusion that the Shebaa farms do actually belong to Lebanon (contrary to the belief held by Israel). UN then said that Israel should relinquish the control of this area.


Palestinian territories


Background

Both of these territories were part of
Mandate Palestine Mandatory Palestine ( ar, فلسطين الانتدابية '; he, פָּלֶשְׂתִּינָה (א״י) ', where "E.Y." indicates ''’Eretz Yiśrā’ēl'', the Land of Israel) was a geopolitical entity established between 1920 and 1948 i ...
, and both have populations consisting primarily of Palestinians
Arab The Arabs (singular: Arab; singular ar, عَرَبِيٌّ, DIN 31635: , , plural ar, عَرَب, DIN 31635: , Arabic pronunciation: ), also known as the Arab people, are an ethnic group mainly inhabiting the Arab world in Western Asia, ...
s, including significant numbers of refugees who fled or were expelled from Israel and territory Israel controlled after the 1948 Arab–Israeli War. Today, Palestinians make up around half of Jordan's population. Jordan occupied the West Bank, including East Jerusalem, from 1948 to 1967, annexing it in 1950 and granting Jordanian citizenship to the residents in 1954 (the annexation claims and citizenship grants were rescinded in 1988 when Jordan acknowledged the Palestine Liberation Organization (PLO) as the sole representative of the Palestinian people). Egypt administered the Gaza Strip from 1948 to 1967 but did not annex it or make Gazans Egyptian citizens.


West Bank

The West Bank was allotted to the Arab state under United Nations Partition Plan of 1947, but the West Bank was occupied by Transjordan after the 1948 war. In April 1950, Jordan annexed the West Bank, but this was recognized only by the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
and Pakistan. (see
1949 Armistice Agreements The 1949 Armistice Agreements were signed between Israel and Egypt,Green Line) In 1967, the West Bank came under Israeli military administration. Israel retained the mukhtar (
mayor In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well ...
al) system of government inherited from Jordan, and subsequent governments began developing infrastructure in Arab villages under its control. (see Palestinians and Israeli law, International legal issues of the conflict, Palestinian economy). As a result of " Enclave law", large portions of Israeli civil law are applied to Israeli settlements and Israeli residents in the occupied territories. Since the Israel–Palestine Liberation Organization letters of recognition of 1993, most of the Palestinian population and
cities A city is a human settlement of notable size.Goodall, B. (1987) ''The Penguin Dictionary of Human Geography''. London: Penguin.Kuper, A. and Kuper, J., eds (1996) ''The Social Science Encyclopedia''. 2nd edition. London: Routledge. It can be def ...
came under the jurisdiction of the Palestinian Authority, and only partial Israeli military control, although Israel has frequently redeployed its
troops A troop is a military sub-subunit, originally a small formation of cavalry, subordinate to a squadron. In many armies a troop is the equivalent element to the infantry section or platoon. Exceptions are the US Cavalry and the King's Troo ...
and reinstated full military administration in various parts of the two territories. On July 31, 1988, Jordan renounced its claims to the West Bank for the PLO. In 2000, the Israeli government started to construct the
Israeli West Bank barrier The Israeli West Bank barrier, comprising the West Bank Wall and the West Bank fence, is a separation barrier built by Israel along the Green Line and inside parts of the West Bank. It is a contentious element of the Israeli–Palestinian ...
, within the
West Bank The West Bank ( ar, الضفة الغربية, translit=aḍ-Ḍiffah al-Ġarbiyyah; he, הגדה המערבית, translit=HaGadah HaMaʽaravit, also referred to by some Israelis as ) is a landlocked territory near the coast of the Mediter ...
, separating Israel and several of its settlements, as well as a significant number of Palestinians, from the remainder of the West Bank. State of Israel cabinet approved a route to construct separation barrier whose total length will be approximately built mainly in the West Bank and partly along the 1949 Armistice line, or "Green Line" between Israel and Palestinian West Bank. 12% of the West Bank area is on the Israel side of the barrier. In 2004, the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
issued an advisory opinion stating that the barrier violates
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
. It claimed that "Israel cannot rely on a right of self-defence or on a state of necessity in order to preclude the wrongfulness of the construction of the wall". However, Israel government derived its justification for constructing this barrier with Prime Minister Ehud Barak stating that it is "essential to the Palestinian nation in order to foster its national identity and independence without being dependent on the State of Israel". The Israeli Supreme Court, sitting as the High Court of Justice, stated that Israel has been holding the areas of Judea and Samaria in belligerent occupation, since 1967. The court also held that the normative provisions of public international law regarding belligerent occupation are applicable. The Regulations Concerning the Laws and Customs of War on Land, The Hague of 1907 and the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War 1949 were both cited. About 300,000 Israeli settlers live in the West Bank along the Israeli West Bank barrier (and a further 200,000 live in East Jerusalem and 50,000 in the former Israeli–Jordanian no-man's land). The barrier has many effects on Palestinians including reduced freedoms, road closures, loss of land, increased difficulty in accessing medical and educational services in Israel,
restricted access to water sources, and economic effects. Regarding the violation of freedom of Palestinians, in a 2005 report, the United Nations stated that: 7...it is difficult to overstate the humanitarian impact of the Barrier. The route inside the West Bank severs communities, people's access to services, livelihoods and religious and cultural amenities. In addition, plans for the Barrier's exact route and crossing points through it are often not fully revealed until days before construction commences. This has led to considerable anxiety among Palestinians about how their future lives will be impacted...The land between the Barrier and the Green Line constitutes some of the most fertile in the West Bank. It is currently the home for 49,400 West Bank Palestinians living in 38 villages and towns. On Feb 6, 2017, The Knesset passed the controversial
Regulation Law The Judea and Samaria Settlement Regulation Law ( he, חוק להסדרת ההתיישבות ביהודה והשומרון), commonly known as the Regulation Law ( he, חוק ההסדרה) or sometimes the Regularization Law, is an Israeli law ...
, which aimed at retroactively legalizing 2,000 to 4,000 Israeli settlements in Area C. On June 9, 2020, the Israeli Supreme Court struck down the law as "infringing on the property rights of Palestinian residents."


East Jerusalem

Jerusalem Jerusalem (; he, יְרוּשָׁלַיִם ; ar, القُدس ) (combining the Biblical and common usage Arabic names); grc, Ἱερουσαλήμ/Ἰεροσόλυμα, Hierousalḗm/Hierosóluma; hy, Երուսաղեմ, Erusałēm. i ...
has created additional issues in relation to the question of whether or not it is occupied territory. The
1947 UN Partition Plan The United Nations Partition Plan for Palestine was a proposal by the United Nations, which recommended a partition of Mandatory Palestine at the end of the British Mandate. On 29 November 1947, the UN General Assembly adopted the Plan as ...
had contemplated that all of Jerusalem would be an international city within an international area that included
Bethlehem Bethlehem (; ar, بيت لحم ; he, בֵּית לֶחֶם '' '') is a city in the central West Bank, Palestine, about south of Jerusalem. Its population is approximately 25,000,Amara, 1999p. 18.Brynen, 2000p. 202. and it is the capital o ...
for at least ten years, after which the residents would be allowed to conduct a
referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
and the issue could be re-examined by the Trusteeship Council. However, after the 1948 Arab–Israeli War,
Jordan Jordan ( ar, الأردن; tr. ' ), officially the Hashemite Kingdom of Jordan,; tr. ' is a country in Western Asia. It is situated at the crossroads of Asia, Africa, and Europe, within the Levant region, on the East Bank of the Jordan Rive ...
captured East Jerusalem and the Old City, and Israel captured and annexed the western part of Jerusalem . Jordan bilaterally annexed East Jerusalem along with the rest of the West Bank in 1950 as a temporary trustee Sessions of the Arab League
Session 12-11 Date: May 1950. Council approved plan to consider Jordan the "trustee" of Eastern Palestine.
at the request of a Palestinian delegation,In December 1948, at a conference which took place in Jericho, a group of hand-picked leaders of Palestinian Arabs resolved to ask King Abdullah of Transjordan to incorporate the Arab parts of Palestine into his kingdom. The General Armistice Agreement of 3 April 1949 constituted de facto recognition of that incorporation; however, it was specifically designed as a military agreement which did not prejudice the political positions of the contracting parties. and although the annexation was recognized by only two countries, it was not condemned by the UNSC. The British did not recognize the territory as sovereign to Jordan. Israel captured East Jerusalem from Jordan in the 1967
Six-Day War The Six-Day War (, ; ar, النكسة, , or ) or June War, also known as the 1967 Arab–Israeli War or Third Arab–Israeli War, was fought between Israel and a coalition of Arab states (primarily Egypt, Syria, and Jordan) from 5 to 10 Ju ...
. On June 27, Israel extended its laws, jurisdiction, and administration to East Jerusalem and several nearby towns and villages, and incorporated the area into the Jerusalem Municipality. In 1980, the
Knesset The Knesset ( he, הַכְּנֶסֶת ; "gathering" or "assembly") is the unicameral legislature of Israel. As the supreme state body, the Knesset is sovereign and thus has complete control of the entirety of the Israeli government (with ...
passed the
Jerusalem Law The Jerusalem Law (, ar, قانون القدس) is a common name of Basic Law: Jerusalem, Capital of Israel passed by the Knesset on 30 July 1980 (17th Av, 5740). Although the law did not use the term, the Israeli Supreme Court interpreted the ...
, which was declared a Basic Law, which declared Jerusalem to be the "complete and united" capital of Israel. However,
United Nations Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, an ...
Resolution 478 declared this action to be "null and void", and that it "must be rescinded forthwith". The international community does not recognize Israeli sovereignty over East Jerusalem and considers it an occupied territory. UN Security Council Resolution 478 also called upon countries which held their diplomatic delegations to Israel in Jerusalem, to move them outside the city. Most nations with embassies in Jerusalem complied, and relocated their embassies to
Tel Aviv Tel Aviv-Yafo ( he, תֵּל־אָבִיב-יָפוֹ, translit=Tēl-ʾĀvīv-Yāfō ; ar, تَلّ أَبِيب – يَافَا, translit=Tall ʾAbīb-Yāfā, links=no), often referred to as just Tel Aviv, is the most populous city in the ...
or other Israeli cities prior to the adoption of Resolution 478. Following the withdrawals of Costa Rica and El Salvador in August 2006, no country maintained its embassy in Jerusalem until 2018, although Bolivia and
Paraguay Paraguay (; ), officially the Republic of Paraguay ( es, República del Paraguay, links=no; gn, Tavakuairetã Paraguái, links=si), is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to th ...
once had theirs in nearby
Mevaseret Zion Mevaseret Zion ( he, מְבַשֶּׂרֶת צִיּוֹן, literal meaning: Herald of Zion – Jerusalem) is a suburb of Jerusalem with the administrative status of a local council. Mevaseret Zion is composed of two distinct older townships, Mao ...
. The
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
passed the
Jerusalem Embassy Act Jerusalem (; he, יְרוּשָׁלַיִם ; ar, القُدس ) (combining the Biblical and common usage Arabic names); grc, Ἱερουσαλήμ/Ἰεροσόλυμα, Hierousalḗm/Hierosóluma; hy, Երուսաղեմ, Erusałēm. i ...
in 1995, stating that "Jerusalem should be recognized as the capital of the State of Israel; and the United States Embassy in Israel should be established in Jerusalem no later than May 31, 1999." As a result of the Embassy Act, official U.S. documents and web sites refer to Jerusalem as the capital of Israel. Until May 2018, the law had never been implemented, because successive U.S. Presidents Clinton, Bush, and
Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
exercised the law's presidential waiver, citing national security interests. On 14 May 2018, the U.S. opened its Embassy in Jerusalem. East Jerusalem residents are increasingly becoming integrated into Israeli society, in terms of education, citizenship, national service and in other aspects. Recent surveys show that, if given the option of having East Jerusalem transferred today from Israeli rule to the
Palestinian National Authority The Palestinian National Authority (PA or PNA; ar, السلطة الوطنية الفلسطينية '), commonly known as the Palestinian Authority and officially the State of Palestine,
, most East Jerusalem Palestinians would oppose the proposal. According to Middle East expert David Pollock, in the hypothesis that a final agreement was reached between Israel and the Palestinians with the establishment of a
two-state solution The two-state solution to the Israeli–Palestinian conflict envisions an independent State of Palestine alongside the State of Israel, west of the Jordan River. The boundary between the two states is still subject to dispute and negotia ...
, 48% of East Jerusalem Arabs would prefer being citizens of Israel, while 42% of them would prefer the State of Palestine. 9% would prefer Jordanian citizenship.


Gaza Strip

The Gaza Strip was allotted to the Arab state envisioned by the United Nations Partition Plan of 1947, but no Arab state formed as a result of the 1947 partition plan. As a result of the
1949 Armistice Agreements The 1949 Armistice Agreements were signed between Israel and Egypt,Gaza Strip became occupied by Egypt. Between 1948 and 1967, the Gaza Strip was under Egyptian military administration, being officially under the jurisdiction of the
All-Palestine Government , image = , caption = Flag of the All-Palestine Government , date = 22 September 1948 , state = All-Palestine Protectorate , address = Gaza City, All-Palestine Protectorate (Sep.–Dec. 19 ...
until in 1959 it was merged into the
United Arab Republic The United Arab Republic (UAR; ar, الجمهورية العربية المتحدة, al-Jumhūrīyah al-'Arabīyah al-Muttaḥidah) was a sovereign state in the Middle East from 1958 until 1971. It was initially a political union between Eg ...
, de facto becoming under direct Egyptian military governorship. Between 1967 and 1993, the Gaza Strip was under Israeli military administration. In March 1979, Egypt renounced all claims to the Gaza Strip in the
Egypt–Israel peace treaty The Egypt–Israel peace treaty ( ar, معاهدة السلام المصرية الإسرائيلية, Mu`āhadat as-Salām al-Misrīyah al-'Isrā'īlīyah; he, הסכם השלום בין ישראל למצרים, ''Heskem HaShalom Bein Yisrael ...
. Since the Israel–Palestine Liberation Organization letters of recognition of 1993, the Gaza Strip came under the jurisdiction of the Palestinian Authority. A July 2004 opinion of the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
treated Gaza as a part of the Occupied Palestinian Territory. In February 2005, the Israeli government voted to implement a unilateral disengagement plan from the Gaza Strip. The plan began to be implemented on 15 August 2005, and was completed on 12 September 2005. Under the plan, all Israeli settlements in the Gaza Strip (and four in the West Bank) and the joint Israeli-Palestinian Erez Industrial Zone were dismantled with the removal of all 9,000 Israeli settlers (most of them in the Gush Katif settlement area in the Strip's southwest) and military bases. Some settlers resisted the order, and were forcibly removed by the IDF. On 12 September 2005 the Israeli cabinet formally declared an end to Israeli military occupation of the Gaza Strip. To avoid allegations that it was still in occupation of any part of the Gaza Strip, Israel also withdrew from the
Philadelphi Route The Philadelphi Route, also called Philadelphi Corridor, refers to a narrow strip of land, 14 km (8.699 miles) in length, situated along the border between Gaza Strip and Egypt. Under the provisions of the Egypt–Israel peace treaty of 1979 ...
, which is a narrow strip adjacent to the Strip's border with Egypt, after Egypt's agreement to secure its side of the border. Under the Oslo Accords the Philadelphi Route was to remain under Israeli control to prevent the smuggling of materials (such as ammunition) and people across the border with Egypt. With Egypt agreeing to patrol its side of the border, it was hoped that the objective would be achieved. However, Israel maintained its control over the crossings in and out of Gaza. The Rafah crossing between Egypt and Gaza was monitored by the Israeli army through special surveillance cameras. Official documents such as passports, I.D. cards, export and import papers, and many others had to be approved by the Israeli army. The Israeli position is that it no longer occupies Gaza, as Israel does not exercise effective control or authority over any land or institutions inside the Gaza Strip.Dore Gold
JCPA Legal Acrobatics: The Palestinian Claim that Gaza is Still "Occupied" Even After Israel Withdraws
Jerusalem Center for Public Affairs, Vol. 5, No. 3, August 26, 2005.
Foreign Affairs Minister of Israel The Israeli Ministry of Foreign Affairs ( he, מִשְׂרַד הַחוּץ, translit. ''Misrad HaHutz''; ar, وزارة الخارجية الإسرائيلية) is one of the most important ministries in the Israeli government. The ministry's ...
Tzipi Livni Tziporah Malka "Tzipi" Livni ( he, ציפי (ציפורה) מלכה לבני, ; born 8 July 1958) is an Israeli politician, diplomat, and lawyer. A former member of the Knesset and leader in the center-left political camp, Livni is a former for ...
stated in January, 2008: "Israel got out of Gaza. It dismantled its settlements there. No Israeli soldiers were left there after the disengagement." Israel also notes that Gaza does not belong to any sovereign state. Immediately after Israel withdrew in 2005, Palestinian Authority President Mahmoud Abbas stated, "the legal status of the areas slated for evacuation has not changed."
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
also contested that this ended the occupation. The
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
,
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
and many other international bodies and
NGOs A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in ...
continues to consider Israel to be the occupying power of the Gaza Strip as Israel controls the Gaza Strip's airspace and territorial waters as well as the movement of people or goods in or out of Gaza by air or sea."Human Rights Council Special Session on the Occupied Palestinian Territories"
July 6, 2006; Human Rights Watch considers Gaza still occupied.
The United Nations
Office for the Coordination of Humanitarian Affairs The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) is a United Nations (UN) body established in December 1991 by the General Assembly to strengthen the international response to complex emergencies and natural disaster ...
maintains an office on "Occupied Palestinian Territory", which concerns itself with the Gaza Strip. In his statement on the 2008–2009 Israel–Gaza conflict
Richard Falk Richard Anderson Falk (born November 13, 1930) is an American professor emeritus of international law at Princeton University, and Euro-Mediterranean Human Rights Monitor's Chairman of the Board of Trustees. In 2004, he was listed as the autho ...
, United Nations Special Rapporteur on "the situation of
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
in the
Palestinian territories The Palestinian territories are the two regions of the former British Mandate for Palestine that have been militarily occupied by Israel since the Six-Day War of 1967, namely: the West Bank (including East Jerusalem) and the Gaza Strip. The ...
" wrote that
international humanitarian law International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war ('' jus in bello''). It is a branch of international law that seeks to limit the effects of armed conflict by pro ...
applied to Israel "in regard to the obligations of an Occupying Power and in the requirements of the laws of war." In a 2009 interview on
Democracy Now ''Democracy Now!'' is an hour-long American TV, radio, and Internet news program hosted by journalists Amy Goodman (who also acts as the show's executive producer), Juan González, and Nermeen Shaikh. The show, which airs live each weekday at ...
Christopher Gunness, spokesperson for the
United Nations Relief and Works Agency for Palestine Refugees in the Near East The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) is a UN agency that supports the relief and human development of Palestinian refugees. UNRWA's mandate encompasses Palestinians displaced by the 1948 P ...
(UNRWA) contends that Israel is an occupying power. However, Meagan Buren, Senior Adviser to the
Israel Project The Israel Project (TIP) was a US-based 501(c)(3) non-profit, non-government organization. According to TIP, it was not affiliated with any government, and according to its website, it had a team with decades of experience in media, government, ...
, a pro-Israel media group contests that characterization. In 2007, after Hamas defeated Fatah in the
Battle of Gaza (2007) The Battle of Gaza, also referred to as Hamas's takeover of Gaza, was a military conflict between Fatah and Hamas, that took place in the Gaza Strip between June 10 and 15, 2007. It was a prominent event in the Fatah–Hamas conflict, centered ...
and took control over the Gaza Strip, Israel imposed a blockade on Gaza.
Palestinian rocket attacks Since 2001, Palestinian militants have launched thousands of rocket and Mortar (weapon), mortar attacks on Israel from the Gaza Strip as part of the continuing Arab–Israeli conflict. The attacks, widely condemned for targeting civilians, ...
and Israeli raids, such as Operation Hot Winter continued into 2008. A six month ceasefire was agreed in June 2008, but it was broken several times by both Israel and Hamas. As it reached its expiry, Hamas announced that they were unwilling to renew the ceasefire without improving the terms. At the end of December 2008 Israeli forces began Operation Cast Lead, launching the Gaza War that left an estimated 1,166–1,417 Palestinians and 13 Israelis dead.Israel tightens grip on urban parts of Gaza
. By Nidal al-Mughrabi. January 12, 2009.
Reuters Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world. The agency was esta ...
.
In January 2012, the spokesperson for the UN Secretary General stated that under resolutions of the Security Council and the General Assembly, the UN still regards Gaza to be a part of the Occupied Palestinian Territory.


Territories within the 1949 cease fire lines


Views on terminology used


Palestinian views

Al Haq Al-Haq () is an independent Palestinian human rights organization based in the city of Ramallah in the West Bank. Founded in 1979, Al-Haq monitors and documents human rights violations committed by parties to the Israeli–Palestinian conflict ...
, an independent Palestinian human rights organization based in Ramallah in the West Bank and an affiliate of the International Commission of Jurists, has asserted that "As noted in Article 27 of the Vienna Convention on the Law of Treaties, 'a party may not invoke the provisions of its internal law as justification for its failure to perform a treaty'. As such, Israeli reliance on local law does not justify its violations of its international legal obligations". Further, the Palestinian mission to the U.N. has argued that:
it is of no relevance whether a State has a monist or a dualist approach to the incorporation of international law into domestic law. A position dependent upon such considerations contradicts Article 18 of the Vienna Convention on the Law of Treaties of 1969 which states that: "''a state is obliged to refrain from acts which would defeat the object and purposes of a treaty when it has undertaken an act expressing its consent thereto.''" The Treaty, which is substantially a codification of customary international law, also provides that a State "''may not invoke the provisions of its internal law as justification for its failure to perform a treaty''" (Art. 27).


Israeli views

The Israeli government maintains that according to international law the West Bank status is that of disputed territories.Jewish virtual library
Retrieved on August 1, 2013.
The question is important given if the status of "occupied territories" has a bearing on the legal duties and rights of Israel toward those. Hence it has been discussed in various forums including the UN.


Israeli judicial decisions

In two cases decided shortly after independence, in the Shimshon and Stampfer cases, the Supreme Court of Israel held that the fundamental rules of international law accepted as binding by all "civilized" nations were incorporated in the domestic legal system of Israel. The Nuremberg Military Tribunal determined that the articles annexed to the Hague IV Convention of 1907 were customary law that had been recognized by all civilized nations. In the past, the Supreme Court has argued that the Geneva Convention insofar it is not supported by domestic legislation "does not bind this Court, its enforcement being a matter for the states which are parties to the Convention". They ruled that "Conventional international law does not become part of Israeli law through automatic incorporation, but only if it is adopted or combined with Israeli law by enactment of primary or subsidiary legislation from which it derives its force". However, in the same decision the Court ruled that the Fourth Hague Convention rules governing belligerent occupation did apply, since those were recognized as customary international law.International Law – Administered Territories – Rights and Duties of Occupying Power – Registration and Taxation – Articles 43 and 49 of the Hague Regulations, 1907
. Israeli Supreme Court document. April 5, 1983. (PDF) . Retrieved on 2012-01-15.
The
Israeli High Court of Justice ar, المحكمة العليا , image = Emblem of Israel dark blue full.svg , imagesize = 100px , caption = Emblem of Israel , motto = , established = , location = Givat Ram, Jerusalem , coordinat ...
determined in the 1979
Elon Moreh Elon Moreh ( he, אֵלוֹן מוֹרֶה) is an Orthodox Jewish Israeli settlement in the West Bank. Located northeast of the Palestinian city of Nablus, on the slopes of the Mount Kabir ridge, it falls under the jurisdiction of Shomron Regi ...
case that the area in question was under occupation and that accordingly only the military commander of the area may requisition land according t
Article 52 of the Regulations annexed to the Hague IV Convention
Military necessity Military necessity, along with distinction, and proportionality, are three important principles of international humanitarian law governing the legal use of force in an armed conflict. Attacks Military necessity is governed by several constra ...
had been an after-thought in planning portions of the Elon Moreh settlement. That situation did not fulfill the precise strictures laid down in the articles of the Hague Convention, so the Court ruled the requisition order had been invalid and illegal. In recent decades, the government of Israel has argued before the Supreme Court of Israel that its authority in the territories is based on the international law of "belligerent occupation", in particular the Hague Conventions. The court has confirmed this interpretation many times, for example in its 2004 and 2005 rulings on the separation fence. In its June 2005 ruling upholding the constitutionality of the Gaza disengagement, the Court determined that "Judea and Samaria" est Bankand the Gaza area are lands seized during warfare, and are not part of Israel:
The Judea and Samaria areas are held by the State of Israel in belligerent occupation. The long arm of the state in the area is the military commander. He is not the sovereign in the territory held in belligerent occupation (see The Beit Sourik Case, at p. 832). His power is granted him by public international law regarding belligerent occupation. The legal meaning of this view is twofold: first, Israeli law does not apply in these areas. They have not been "annexed" to Israel. Second, the legal regime which applies in these areas is determined by public international law regarding belligerent occupation (see HCJ 1661/05 The Gaza Coast Regional Council v. The Knesset et al. (yet unpublished, paragraph 3 of the opinion of the Court; hereinafter – The Gaza Coast Regional Council Case). In the center of this public international law stand the Regulations Concerning the Laws and Customs of War on Land, The Hague, 18 October 1907 (hereinafter – The Hague Regulations). These regulations are a reflection of customary international law. The law of belligerent occupation is also laid out in IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War 1949 (hereinafter – the Fourth Geneva Convention).


Israeli legal and political views

Soon after the 1967 war, Israel issued a military order stating that the
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conve ...
applied to the recently occupied territories, but this order was rescinded a few months later. For a number of years, Israel argued on various grounds that the Geneva Conventions do not apply. One is the Missing Reversioner theory which argued that the Geneva Conventions apply only to the sovereign territory of a High Contracting Party, and therefore do not apply since Jordan never exercised sovereignty over the region. However, that interpretation is not shared by the international community. The application of Geneva Convention to Occupied Palestinian Territories was further upheld by International Court of Justice, UN General Assembly, UN Security Council and the Israeli Supreme Court. In the cases before the Israeli High Court of Justice the government has agreed that the military commander's authority is anchored in the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War, and that the humanitarian rules of the Fourth Geneva Convention apply. The Israeli Ministry of Foreign Affairs says that the Supreme Court of Israel has ruled that the Fourth Geneva Convention and certain parts of Additional Protocol I reflect customary international law that is applicable in the occupied territories. Former Chief Justice of the Supreme Court Meir Shamgar, taking a different approach, wrote in the 1970s that there is no ''
de jure In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legally ...
'' applicability of the 1949 Fourth Geneva Convention regarding occupied territories to the case of the
West Bank The West Bank ( ar, الضفة الغربية, translit=aḍ-Ḍiffah al-Ġarbiyyah; he, הגדה המערבית, translit=HaGadah HaMaʽaravit, also referred to by some Israelis as ) is a landlocked territory near the coast of the Mediter ...
and
Gaza Strip The Gaza Strip (;The New Oxford Dictionary of English (1998) – p.761 "Gaza Strip /'gɑːzə/ a strip of territory under the control of the Palestinian National Authority and Hamas, on the SE Mediterranean coast including the town of Gaza.. ...
since the Convention "is based on the assumption that there had been a sovereign who was ousted and that he had been a legitimate sovereign." Israeli diplomat,
Dore Gold Dore Gold ( he, דורי גולד, born 1953) is an American-Israeli political scientist and diplomat who served as Permanent Representative of Israel to the United Nations from 1997 to 1999. He is currently the President of the Jerusalem Cente ...
, has stated that the language of "occupation" has allowed Palestinian spokesmen to obfuscate this history. By repeatedly pointing to "occupation," they manage to reverse the causality of the conflict, especially in front of Western audiences. Thus, the current territorial dispute is allegedly the result of an Israeli decision "to occupy," rather than a result of a war imposed on Israel by a coalition of Arab states in 1967.
Gershom Gorenberg Gershom Gorenberg ( he, גרשום גורנברג) is an American-born Israeli journalist, and blogger,Theodor Meron Theodor Meron, (born 28 April 1930) is an Israeli-American judge. He served as a judge of the International Criminal Tribunal for the former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR), and the International Residual M ...
was the Israeli government's expert on international law. On September 16, 1967 Meron wrote a top secret memo to Mr. Adi Yafeh, Political Secretary of the Prime Minister regarding "Settlement in the Administered Territories" which said "My conclusion is that civilian settlement in the Administered territories contravenes the explicit provisions of the Fourth Geneva Convention." Moshe Dayan authored a secret memo in 1968 proposing massive settlement in the territories which said "Settling Israelis in administered territory, as is known, contravenes international conventions, but there is nothing essentially new about that." Various Israeli Cabinets have made political statements and many of Israel's citizens and supporters dispute that the territories are occupied and claim that use of the term "occupied" in relation to
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
's control of the areas has no basis in
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
or
history History (derived ) is the systematic study and the documentation of the human activity. The time period of event before the invention of writing systems is considered prehistory. "History" is an umbrella term comprising past events as well ...
, and that it prejudges the outcome of any future or ongoing negotiations. They argue it is more accurate to refer to the territories as " disputed" rather than "
occupied ' (Norwegian: ') is a Norwegian political thriller TV series that premiered on TV2 on 5 October 2015. Based on an original idea by Jo Nesbø, the series is co-created with Karianne Lund and Erik Skjoldbjærg. Season 2 premiered on 10 October ...
" although they agree to apply the humanitarian provisions of the Fourth Geneva Convention pending resolution of the dispute.
Yoram Dinstein Yoram Dinstein (יורם דינשטיין; born January 2, 1936) is an Israeli scholar and Professor Emeritus at Tel Aviv University. He is a specialist on international law, and a prominent authority on the laws of war. He served as President of ...
, has dismissed the position that they are not occupied as being "based on dubious legal grounds". Many Israeli government websites do refer to the areas as being "occupied territories". According to the BBC, "Israel argues that the international conventions relating to occupied land do not apply to the Palestinian territories because they were not under the legitimate sovereignty of any state in the first place." In the ''Report on the Legal Status of Building in Judea and Samaria'', usually referred to as ''
Levy Report The Levy Report ( he, דו״ח לוי), officially called Report on the Legal Status of Building in Judea and Samaria ( he, דו״ח על מעמד הבניה באזור יהודה ושומרון), is an 89-page report on West Bank settlements pu ...
'', published in July 2012, a three-member committee headed by former Israeli Supreme Court justice Edmund Levy which was appointed by Prime Minister Binyamin Netanyahu comes to the conclusion that Israel's presence in the West Bank is not an occupation in the legal sense, and that the Israeli settlements in those territories do not contravene international law. The report has met with both approval and harsh criticism in Israel and outside. As of July 2013, the report was not brought before the Israeli cabinet or any parliamentary or governmental body which would have the power to approve it.


Israeli Jewish religious views

According to the views of most adherents of
Religious Zionism Religious Zionism ( he, צִיּוֹנוּת דָּתִית, Romanization of Hebrew, translit. ''Tziyonut Datit'') is an ideology that combines Zionism and Orthodox Judaism. Its adherents are also referred to as ''Dati Leumi'' ( "National Religiou ...
and to certain streams of
Orthodox Judaism Orthodox Judaism is the collective term for the traditionalist and theologically conservative branches of contemporary Judaism. Theologically, it is chiefly defined by regarding the Torah, both Written and Oral, as revealed by God to Moses ...
, there are no, and cannot be, "occupied territories" because all of the Land of Israel ( he, אֶרֶץ יִשְׂרָאֵל ''ʼÉreṣ Yiśrāʼēl'', ''Eretz Yisrael'') belongs to the
Jews Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
, also known as the Children of Israel, since the times of Biblical antiquity based on various
Hebrew Bible The Hebrew Bible or Tanakh (;"Tanach"
'' Torah The Torah (; hbo, ''Tōrā'', "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. In that sense, Torah means the ...
, especially the books of
Genesis Genesis may refer to: Bible * Book of Genesis, the first book of the biblical scriptures of both Judaism and Christianity, describing the creation of the Earth and of mankind * Genesis creation narrative, the first several chapters of the Book of ...
and Exodus, as well as the
Prophets In religion, a prophet or prophetess is an individual who is regarded as being in contact with a divine being and is said to speak on behalf of that being, serving as an intermediary with humanity by delivering messages or teachings from the s ...
. According to the Book of Genesis, the land was promised by
God In monotheistic thought, God is usually viewed as the supreme being, creator, and principal object of faith. Swinburne, R.G. "God" in Honderich, Ted. (ed)''The Oxford Companion to Philosophy'', Oxford University Press, 1995. God is typically ...
to the descendants of
Abraham Abraham, ; ar, , , name=, group= (originally Abram) is the common Hebrew patriarch of the Abrahamic religions, including Judaism, Christianity, and Islam. In Judaism, he is the founding father of the special relationship between the Je ...
through his son
Isaac Isaac; grc, Ἰσαάκ, Isaák; ar, إسحٰق/إسحاق, Isḥāq; am, ይስሐቅ is one of the three patriarchs of the Israelites and an important figure in the Abrahamic religions, including Judaism, Christianity, and Islam. He was th ...
and to the
Israelites The Israelites (; , , ) were a group of Semitic-speaking tribes in the ancient Near East who, during the Iron Age, inhabited a part of Canaan. The earliest recorded evidence of a people by the name of Israel appears in the Merneptah Stele o ...
, descendants of
Jacob Jacob (; ; ar, يَعْقُوب, Yaʿqūb; gr, Ἰακώβ, Iakṓb), later given the name Israel, is regarded as a patriarch of the Israelites and is an important figure in Abrahamic religions, such as Judaism, Christianity, and Islam. J ...
, Abraham's grandson. A literal reading of the text suggests that the land promise is (or was at one time) one of the
Biblical covenants The Hebrew Bible makes reference to a number of covenants ( he, בְּרִיתוֹת) with God (YHWH). These include the Noahic Covenant (in Genesis), which is between God and all living creatures, as well as a number of more specific covenant ...
between God and the Israelites, as the following verses show. The definition of the limits of this territory varies between biblical passages, some of the main ones being: * * * * * * The boundaries of the Land of Israel are different from the borders of historical Israelite kingdoms. The Bar Kokhba state, the
Herodian Kingdom The Herodian Kingdom of Judea was a client state of the Roman Republic from 37 BCE, when Herod the Great, who had been appointed "King of the Jews" by the Roman Senate in 40/39 BCE, took actual control over the country. When Herod died in 4 BCE, ...
, the Hasmonean Kingdom, and possibly the
United Kingdom of Israel and Judah The United Monarchy () in the Hebrew Bible refers to Israel and Judah under the reigns of Saul, David, and Solomon. It is traditionally dated to have lasted between and . According to the biblical account, on the succession of Solomon's son ...
ruled lands with similar but not identical boundaries. The current State of Israel also has similar but not identical boundaries. A small sect of
Haredi Haredi Judaism ( he, ', ; also spelled ''Charedi'' in English; plural ''Haredim'' or ''Charedim'') consists of groups within Orthodox Judaism that are characterized by their strict adherence to ''halakha'' (Jewish law) and traditions, in oppos ...
Jews, the
Neturei Karta Neturei Karta (Jewish Babylonian Aramaic: , , ) is a religious group of Haredi Jews, formally created in Jerusalem, then in Mandatory Palestine, in 1938, splitting off from Agudas Yisrael. Neturei Karta opposes Zionism and calls for a "pea ...
opposes
Zionism Zionism ( he, צִיּוֹנוּת ''Tsiyyonut'' after '' Zion'') is a nationalist movement that espouses the establishment of, and support for a homeland for the Jewish people centered in the area roughly corresponding to what is known in Je ...
and calls for a peaceful dismantling of the State of Israel, in the belief that Jews are forbidden to have their own state until the coming of the
Messiah In Abrahamic religions, a messiah or messias (; , ; , ; ) is a saviour or liberator of a group of people. The concepts of '' mashiach'', messianism, and of a Messianic Age originated in Judaism, and in the Hebrew Bible, in which a ''mashiach ...
.


International views

The official term used by the
United Nations Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, an ...
to describe Israeli-occupied territories is "the Arab territories occupied since 1967, including Jerusalem", which is used, for example, in Resolution
446 (1979)452 (1979)
465 (1980) and 484. A conference of the parties to the Fourth Geneva Convention, and the
International Committee of the Red Cross The International Committee of the Red Cross (ICRC; french: Comité international de la Croix-Rouge) is a humanitarian organization which is based in Geneva, Switzerland, and it is also a three-time Nobel Prize Laureate. State parties (signato ...
, have also resolved that these territories are occupied and that the Fourth Geneva Convention provisions regarding occupied territories apply. Israel's annexation of East Jerusalem in 1980 (see
Jerusalem Law The Jerusalem Law (, ar, قانون القدس) is a common name of Basic Law: Jerusalem, Capital of Israel passed by the Knesset on 30 July 1980 (17th Av, 5740). Although the law did not use the term, the Israeli Supreme Court interpreted the ...
) has not been recognized by any other country, and the annexation of the Golan Heights in 1981 (see
Golan Heights Law The Golan Heights Law () is the Israeli law which applies Israel's government and laws to the Golan Heights. It was ratified by the Knesset by a vote of 63―21, on December 14, 1981.Israeli Ministry of Foreign Affairs.Golan Heights Law Althoug ...
) has been recognized only by the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
. United Nations Security Council Resolution 478 declared the annexation of East Jerusalem "null and void" and required that it be rescinded.
United Nations Security Council Resolution 497 United Nations Security Council resolution 497, adopted unanimously on 17 December 1981, declared that the Israeli Golan Heights Law, which effectively annexed the Golan Heights, is "null and void and without international legal effect" and fur ...
also declared the annexation of the Golan "null and void". Following withdrawal by Israel from the Sinai Peninsula in 1982, as part of the 1979
Egypt–Israel peace treaty The Egypt–Israel peace treaty ( ar, معاهدة السلام المصرية الإسرائيلية, Mu`āhadat as-Salām al-Misrīyah al-'Isrā'īlīyah; he, הסכם השלום בין ישראל למצרים, ''Heskem HaShalom Bein Yisrael ...
, the Sinai ceased to be considered occupied territory. While the Palestinian Authority, the EU, the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
, the
UN General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Cur ...
and the
UN Security Council The United Nations Security Council (UNSC) is one of the Organs of the United Nations, six principal organs of the United Nations (UN) and is charged with ensuring international security, international peace and security, recommending the admi ...
consider East Jerusalem to be part of the West Bank and occupied by Israel; Israel considers all of
Jerusalem Jerusalem (; he, יְרוּשָׁלַיִם ; ar, القُدس ) (combining the Biblical and common usage Arabic names); grc, Ἱερουσαλήμ/Ἰεροσόλυμα, Hierousalḗm/Hierosóluma; hy, Երուսաղեմ, Erusałēm. i ...
to be its capital and sovereign territory. The international community has formally entrusted the International Committee of the Red Cross (ICRC) with the role of guardian of international humanitarian law. That includes a watchdog function by which it takes direct action to encourage parties to armed conflict to comply with international humanitarian law. The head of the International Red Cross delegation to Israel and the Occupied Territories stated that the establishment of Israeli settlements in the occupied territories is a grave breach of the
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conve ...
that constitute war crime. In 1986, the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
ruled that portions of the Geneva Conventions of 1949 merely declare existing customary international law. In 1993, the UN Security Council adopted a binding Chapter VII resolution establishing an International Criminal Tribunal for the former Yugoslavia. The resolution approved a Statute which said that the problem of adherence of some but not all States to the Geneva Conventions does not arise, since beyond any doubt the Convention is declarative of customary international law. The subsequent interpretation of the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
does not support Israel's view on the applicability of the Geneva Conventions."Legal Consequence of the Construction of a Wall in the Occupied Palestinian Territory"
Icj-cij.org. Retrieved on 2012-01-15.
In July 2004, the International Court of Justice delivered an
Advisory Opinion An advisory opinion is an opinion issued by a court or a commission like an election commission that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law. Some cou ...
on th
'Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory'
The Court observed that under customary international law as reflected i
Article 42 of the Regulations annexed to the Hague IV Convention
territory is considered occupied when it is actually placed under the authority of the hostile army, and the occupation extends only to the territory where such authority has been established and can be exercised.
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
raised a number of exceptions and objections, but the Court found them unpersuasive. The Court ruled that territories had been occupied by the Israeli armed forces in 1967, during the conflict between Israel and Jordan, and that subsequent events in those territories, had done nothing to alter the situation. Multiple
United Nations General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...
resolutions have described the continuing occupation of Palestine as illegal. Michael Lynk, the United Nations special rapporteur on human rights in the Palestinian territories occupied since 1967, in his 2017 report to the UN General Assembly has opined that the occupation itself has become illegal and has recommended that a UN study be commissioned to determine this and to consider asking the International Court of Justice for an advisory opinion. The general thrust of international law scholarship addressing this question has concluded that, regardless of whether it was initially legal, the occupation has become illegal over time. Reasons cited for its illegality include the violation of the prohibition on the acquisition of territory through force, that the occupation violates the Palestinian right to self-determination, that the occupation itself is an illegal regime "of alien subjugation, domination and exploitation", or some combination of these factors.


International law violations

The establishment of
Israeli settlements Israeli settlements, or Israeli colonies, are civilian communities inhabited by Israeli citizens, overwhelmingly of Jewish ethnicity, built on lands occupied by Israel in the 1967 Six-Day War. The international community considers Israeli se ...
is held to constitute a transfer of Israel's civilian population into the occupied territories and as such is illegal under the Fourth Geneva Convention. This is disputed by other legal experts who argue with this interpretation of the law. In 2000, the editors of the Geneva Academy of International Humanitarian Law and Human Rights Palestine Yearbook of International Law (1998–1999) said "the "transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory" amounts to a war crime. They hold that this is obviously applicable to Israeli settlement activities in the Occupied Arab Territories." In 2004 the International Court of Justice, in an advisory, non-binding opinion, noted that the Security Council had described Israel's policy and practices of settling parts of its population and new immigrants in the occupied territories as a "flagrant violation" of the Fourth Geneva Convention. The Court also concluded that the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) have been established "in breach of international law" and that all the States parties to the Geneva Convention are under an obligation to ensure compliance by Israel with international law as embodied in the Convention. In May 2012 the 27 ministers of foreign affairs of the European Union published a report strongly denouncing policies of the State of Israel in the West Bank and finding that settlements in the West Bank are illegal: "settlements remain illegal under international law, irrespective of recent decisions by the government of Israel. The EU reiterates that it will not recognize any changes to the pre-1967 borders including with regard to Jerusalem, other than those agreed by the parties."''Haaretz'', 14 May 2012, "EU: Israel's Policies in the West Bank Endanger Two-State Solution," http://www.haaretz.com/news/diplomacy-defense/eu-israel-s-policies-in-the-west-bank-endanger-two-state-solution-1.430421 The report by all EU foreign ministers also criticized the Israeli government's failure to dismantle settler outposts illegal even under domestic Israeli law." Israel denies that the Israeli settlements are in breach of any international laws. The Israeli Supreme Court has yet to rule decisively on settlement legality under the Geneva Convention.


2012 UN report on settlements

The
United Nations Human Rights Commission The United Nations Commission on Human Rights (UNCHR) was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006. It was a subsidiary body of t ...
decided in March 2012 to establish a panel charged with investigating "the implications of the Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem."''Haaretz'', 3 May 2012, "U.S. Pressing UN Human Rights Commissioner to Put Off West Bank Settlements Probe," http://www.haaretz.com/news/diplomacy-defense/u-s-pressing-un-human-rights-commissioner-to-put-off-west-bank-settlements-probe-1.427744 In reaction the government of Israel ceased cooperating with the UN High Commissioner on Human Rights and boycotted the UN Human Rights Commission. The U.S. government acceded to the Israeli government demand to attempt to thwart the formation of such a panel. On January 31, 2012 the United Nations independent "International Fact-Finding Mission on Israeli Settlements in the Occupied Palestinian Territory" filed a report stating that Israeli settlement led to a multitude of violations of Palestinian human rights and that if Israel did not stop all settlement activity immediately and begin withdrawing all settlers from the West Bank, it potentially might face a case at the
International Criminal Court The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals f ...
. It said that Israel was in violation of article 49 of the fourth
Geneva convention upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conve ...
forbidding transferring civilians of the occupying nation into occupied territory. It held that the settlements are "leading to a creeping annexation that prevents the establishment of a contiguous and viable Palestinian state and undermines the right of the Palestinian people to self-determination." After Palestine's admission to the United Nations as a non-member state in September 2012, it potentially may have its complaint heard by the International Court. Israel's foreign ministry replied to the report saying that "Counterproductive measures – such as the report before us – will only hamper efforts to find a sustainable solution to the Israel-Palestinian conflict. The human rights council has sadly distinguished itself by its systematically one-sided and biased approach towards Israel."Human Rights Council Twenty-second session, Agenda item 7, Human rights situation in Palestine and other occupied Arab territories
Report of the independent international fact-finding mission to investigate the implications of the Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem
(Advanced Unedited Version), accessed February 1, 2013.


2013 EU directive for 2014 to 2020

Following a decision by
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
(EU) foreign ministers in December 2012 stating that "all agreements between the state of Israel and the EU must unequivocally and explicitly indicate their inapplicability to the territories occupied by Israel in 1967," the
European Commission The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body ...
issued guidelines for the 2014 to 2020 financial framework covering all areas of co-operation between the EU and Israel, including economics, science, culture, sports and academia but excluding trade on 30 June 2013. According to the directive all future agreements between the EU and Israel must explicitly exclude Jewish settlements and Israeli institutions and bodies situated across the pre-1967 Green Line – including the Golan Heights, the West Bank and East Jerusalem. EU grants, funding, prizes or scholarships will only be granted if a settlement exclusion clause is included, forcing the Israeli government to concede in writing that settlements in the occupied territories are outside the state of Israel to secure agreements with the EU. In a statement, the EU said that
the guidelines are...in conformity with the EU's longstanding position that Israeli settlements are illegal under international law and with the non-recognition by the EU of Israel's sovereignty over the occupied territories, irrespective of their legal status under domestic Israeli law. At the moment Israeli entities enjoy financial support and cooperation with the EU and these guidelines are designed to ensure that this remains the case. At the same time concern has been expressed in Europe that Israeli entities in the occupied territories could benefit from EU support. The purpose of these guidelines is to make a distinction between the State of Israel and the occupied territories when it comes to EU support.
The guidelines do not apply to any Palestinian body in the West Bank or East Jerusalem, and they do not affect agreements between the EU and the PLO or the Palestinian Authority, nor do they apply to Israeli government ministries or national agencies, to private individuals, to human rights organizations operating in the occupied territories, or to
NGO A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in h ...
s working toward promoting peace which operate in the occupied territories. The move was described as an "earthquake" by an Israeli official who wished to remain anonymous, and prompted harsh criticism by prime minister Binyamin Netanyahu who said in a broadcast statement: "As prime minister of Israel, I will not allow the hundreds of thousands of Israelis who live in the West Bank, Golan Heights and our united capital Jerusalem to be harmed. We will not accept any external diktats about our borders. This matter will only be settled in direct negotiations between the parties." Israel is also concerned that the same policy could extend to settlement produce and goods exported to European markets, as some EU member states are pressing for an EU-wide policy of labelling produce and goods originating in Jewish settlements to allow consumers to make informed choices. A special ministerial panel led by prime minister Netanyahu, decided to approach the EU and demand several key amendments in the guidelines before entering any new projects with the Europeans. A spokesperson for the EU confirmed that further talks would take place between Israel and the EU, stating: "We stand ready to organise discussions during which such clarifications can be provided and look forward to continued successful EU-Israel cooperation, including in the area of scientific cooperation." Palestinians and their supporters hailed the EU directive as a significant political and economic sanction against settlements.
Hanan Ashrawi Hanan Daoud Mikhael Ashrawi ( ar, حنان داوود مخايل عشراوي ; born 8 October 1946) is a Palestinian politician, legislator, activist, and scholar who served as a member of the Leadership Committee and as an official spokesperson ...
welcomed the guidelines, saying: "The EU has moved from the level of statements, declarations and denunciations to effective policy decisions and concrete steps, which constitute a qualitative shift that will have a positive impact on the chances of peace."


See also

*
International law and the Arab–Israeli conflict The International law bearing on issues of Arab–Israeli conflict, which became a major arena of regional and international tension since the birth of Israel in 1948, history of the Arab–Israeli conflict, resulting in several disputes between a ...
*
Israel and apartheid The Israeli government is accused of committing the crime of apartheid under the 2002 Rome Statute of the International Criminal Court, charges the state and its supporters deny. In December 2019, the Committee on the Elimination of Racial D ...
*
Jordanian annexation of the West Bank The Jordanian annexation of the West Bank formally occurred on 24 April 1950, after the 1948 Arab–Israeli War, during which Transjordan occupied territory that had previously been part of Mandatory PalestineRaphael Israeli, Jerusalem div ...
*
Occupation of the Gaza Strip by Egypt The occupation of the Gaza Strip by the United Arab Republic refers to the time period in which the present-day Palestinian territory known as the Gaza Strip was occupied by Egyptian forces of the United Arab Republic from 1949 to 1967. The ...


Notes


References


External links


"From 'Occupied Territories' to 'Disputed Territories'" by Dore Gold


fro
Security for Peace: Israel's Minimal Security Requirements in Negotiations with the Palestinians
, by Ze'ev Schiff, 1989. Retrieved October 8, 2005. * Howell, Mark (2007). ''What Did We Do to Deserve This? Palestinian Life under Occupation in the West Bank'', Garnet Publishing.
Occupied Palestinian Territory
The
Office of the United Nations High Commissioner for Human Rights The Office of the United Nations High Commissioner for Human Rights, commonly known as the Office of the High Commissioner for Human Rights (OHCHR) or the United Nations Human Rights Office, is a department of the Secretariat of the United Nati ...
(OHCHR) {{DEFAULTSORT:Israeli-Occupied Territories Israeli–Palestinian conflict Western Asia