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I/P and International Law
Transcript of I/P and International Law
The Palestinian people's right to Self-Determination is compromised
Start of IHRL
End of IHRL
No Home, No Homeland
Israel, Palestine, and International Law
IHL is a set of international rules, established by treaty or custom, which are specifically intended to solve humanitarian problems directly arising from international or non-international armed conflicts.
IHRL is a set of international rules, established by treaty or custom, on the basis of which individuals and groups can expect [...] Human rights are inherent entitlements which belong to every person as a consequence of being human.
British Mandate (1920-48)
United Nations (UN)
UN General Assembly
Resolution 181 (Nov 1947)
UN Security Council Resolution 242
Rights Under IHL and IHRL
Right to Nationality
Universal Declaration of Human Rights (IHRL):
(1) Everyone has the right to a nationality.
Right to Adequate Housing
Universal Declaration of Human Rights (IHRL):
(1) Everyone has the right to a standard of [...] housing [...] and the right to security in the event of [...] lack of livelihood in circumstances beyond his control.
International Covenant on Economic, Social and Cultural Rights (IHRL)
1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right,
Fourth Geneva Convention (IHL)
[...]The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons
Rome Statute of the International Criminal Court
Article 7: Crimes against humanity
1. For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(d) Deportation or forcible transfer of population;
International Convention on the Suppression and Punishment of the Crime of Apartheid
[...] the term "the crime of apartheid", [...]shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them: [...]
(iii) by arbitrary arrest and illegal imprisonment of the members of a racial group or
(c) any legislative measures [...] preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including [...] the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence
Right to Property
Hague Conventions, 29 July 1899 (IHL)
The property of the communes, that of religious, charitable, and educational institutions, and those of arts and science, even when State property, shall be treated as private property.
All seizure of and destruction, or intentional damage done to such institutions, to historical monuments, works of art or science, is prohibited [...]
First Geneva Convention, 1949 (IHL)
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully(sic) causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.
Lack of Self-Determination
and why it's void
The Human Rights Committee
“the Covenant applies also in situations of armed conflict to which the rules of international humanitarian law are applicable [...] both spheres of law are complementary, not mutually exclusive.”
Israel Ministry of Foreign Affairs
The West Bank and Gaza Strip are disputed territories whose status can only be determined through negotiations. Occupied territories are territories captured in war from an established and recognized sovereign. As the West Bank and Gaza Strip were not under the legitimate and recognized sovereignty of any state prior to the Six Day War, they should not be considered occupied territories.
International Court of Justice
“Under customary international law, the Court observes, these were therefore occupied territories in which Israel had the status of occupying Power. Subsequent events in these territories have done nothing to alter this situation. The Court concludes that all these territories (including East Jerusalem) remain occupied territories and that Israel has continued to have the status of occupying Power."
Rome Statute of the ICC
Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.
International Committee of the Red Cross:
Occupation and other forms of administration of foreign territory
The norms of occupation law […] had originally been designed to regulate short-term occupations. However, IHL did not set any limits to the time span of an occupation […] nothing under IHL would prevent occupying powers from embarking on a long-term occupation. The risk with prolonged occupation was that the occupying power might wish to turn the occupation into a situation it wanted to maintain indefinitely, given the advantages to it of doing so. Prolonged occupations place IHL under considerable strain insofar as they call into question some of the underlying principles of occupation law, in particular the provisional character of the occupation […] the Hague Regulations nor the Fourth Geneva Convention specifies any lawful deviation from existing law in such circumstances, many have argued that prolonged occupation necessitates specific regulations for guiding responses to the practical problems arising from long-term occupation […] Human rights law, the ICESCR in particular, seemed to be more helpful when the occupation had stabilized and when it tended to persist.”
Israel cuts ties with
UN Human Rights Council
"Israel has cut working relations with the UN Human Rights Council, officials say, after it decided to investigate Jewish settlements in the West Bank."
Israel regularly violates International Law without repercussions
Israel's conduct may constitute a War Crime
Israel must desist in order for a peaceful solution to the Israel-Palestine conlict
With thanks and due reference to Itay Epshtain of
Thank You For Listening
The Peel Commission
Under British Mandate
Need for partition of Territory recognized