Israeli-occupied territories

1982 as a consequence of the peace accords with Egypt,

where the Sinai Peninsula was returned to the Egyptian
control, while the Golan Heights was incorporated as a
part of the Northern District by the Golan Heights Law,
and West Bank continued to be administrated via the
Israeli Civil Administration. Despite the dissolution of
the military government in line with Egyptian demands
for normalization and partial withdrawal, Israeli-occupied
territories concept has remained in use to refer to a part of
all of the West Bank, including East Jerusalem, the Gaza
Strip and Western Golan Heights; from 1998 to 2012,
Palestinian territories, Occupied concept has specifically
been applied to areas controlled by the Palestinian Au-
thority in the West Bank and Gaza Strip.
The International Court of Justice,[1] the UN General
Assembly[2] and the United Nations Security Council re-
gards Israel as the “Occupying Power”.[3] UN Special
Rapporteur Richard Falk called Israel’s occupation “an
affront to international law.”[4] The Israeli High Court
of Justice has ruled that Israel holds the West Bank un-
der “belligerent occupation”.[5] According to Talia Sas-
son, the High Court of Justice in Israel, with a variety of
different justices sitting, has repeatedly stated for more
than four decades that Israel’s presence in the West Bank
is in violation of international law.[6] Israeli governments
have preferred the term “disputed territories” in the case
of the West Bank.[7][8] Officially Israel maintains that the
West Bank is disputed territory.[9]
Israel asserts that since the disengagement of Israel from
Gaza in 2005, Israel no longer occupies the Gaza Strip.[10]
However, as it retained certain control of Gaza’s airspace
The Israeli-occupied territories are the territories and coastline, as of 2012 it continued to be designated
occupied by Israel during the Six-Day War of 1967. as an occupying power in the Gaza Strip by the United
Originally, those territories included the Syrian Golan Nations Security Council, the United Nations General
Heights, the Egyptian Sinai Peninsula and Egyptian- Assembly[11] and some countries and various human
occupied Gaza Strip and Jordanian-occupied West Bank. rights organizations.[12][13][14][15]
The first use of the term 'territories occupied' was in
United Nations Security Council Resolution 242 follow-
ing the Six-Day War in 1967, which called for “the estab- 1 Overview
lishment of a just and lasting peace in the Middle East”
to be achieved by “the application of both the following The significance of the designation of these territories
principles: ... Withdrawal of Israeli armed forces from as occupied territory is that certain legal obligations fall
territories occupied in the recent conflict ... Terminationon the occupying power under international law. Under
of all claims or states of belligerency” and respect for the
international law there are certain laws of war governing
right of every state in the area to live in peace within se-
military occupation, including the Hague Conventions of
cure and recognized boundaries. 1899 and 1907 and the Fourth Geneva Convention.[16]
From 1967 to 1982, those areas were ruled via the Israeli One of those obligations is to maintain the status quo un-
Military Governorate system (also named as Occupied til the signing of a peace treaty, the resolution of specific
Arab territories by the UN), which became abolished in conditions outlined in a peace treaty, or the formation of

1
2 1 OVERVIEW

a new civilian government.[17]

Israel disputes whether, and if so to what extent, it is
an occupying power in relation to the Palestinian terri-
tories and as to whether Israeli settlements in these ter-
ritories are in breach of Israel’s obligations as an occu-
pying power and constitute a grave breach of the Geneva
Conventions and whether the settlements constitute war
crimes.[18][19] In 2015, over 800,000 Israelis resided over
the 1949 Armistice Lines, constituting nearly 13% of Is-
rael’s Jewish population.[20]
Modern evolution of Palestine

• v 1937 proposal: The first

official proposal for partition, published in 1937 by the Peel
Commission. An ongoing British Mandate was proposed to
keep “the sanctity of Jerusalem and Bethlehem", in the form
of an enclave from Jerusalem to Jaffa, including Lydda and
Ramle.

• t

• e

1947 (proposal): Proposal

per the United Nations Partition Plan for Palestine (UN
General Assembly Resolution 181 (II), 1947), prior to the
1948 Arab–Israeli War. The proposal included a Corpus
Separatum for Jerusalem, extraterritorial crossroads between
the non-contiguous areas, and Jaffa as an Arab exclave.

1916–22 proposals: Three

proposals for the post World War I administration of Palestine.
The red line is the “International Administration” proposed
in the 1916 Sykes–Picot Agreement, the dashed blue line is
the 1919 Zionist Organization proposal at the Paris Peace
Conference, and the thin blue line refers to the final borders of
the 1923–48 Mandatory Palestine.

1948–67 (actual): The
Jordanian-annexed West Bank (light green) and Egyptian-
occupied Gaza Strip (dark green), after the 1948 Arab–Israeli
War, showing 1949 armistice lines.
1967–1994: During the
Six-Day War, Israel captured the West Bank, the Gaza Strip,
and the Golan Heights, together with the Sinai Peninsula (later
traded for peace after the Yom Kippur War). In 1980–81
Israel annexed East Jerusalem and the Golan Heights. Neither
Israel’s annexation nor Palestine’s claim over East Jerusalem
has been internationally recognized.
3
1994–2006: Under the Oslo
Accords, the Palestinian National Authority was created to
provide civil government in certain urban areas of the West
Bank and the Gaza Strip.
2006–present: After the
Israeli disengagement from Gaza and clashes between the two
main Palestinian parties following the Hamas electoral victory,
two separate executive governments took control in Gaza and
the West Bank.
2 Sinai Peninsula
Main article: Sinai Peninsula
Israel captured the Sinai Peninsula from Egypt in the
1967 Six-Day War. It established settlements along the
Gulf of Aqaba and in the northeast portion, just below
the Gaza Strip. It had plans to expand the settlement of
Yamit into a city with a population of 200,000,[23] though
the actual population of Yamit did not exceed 3,000.[24]
The Sinai Peninsula was returned to Egypt in stages be-
ginning in 1979 as part of the Israel–Egypt Peace Treaty.
4 4 GOLAN HEIGHTS

As required by the treaty, Israel evacuated Israeli military
installations and civilian settlements prior to the establish-
ment of “normal and friendly relations” between it and
Egypt.[25] Israel dismantled eighteen settlements, two air
force bases, a naval base, and other installations by 1982,
including the only oil 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 Penin-
sula has not been regarded as occupied territory.
3 South Lebanon
ister of Israel, 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 occu-
pation of Lebanon until 2005—Barak led the withdrawal
of the IDF to the Israeli border on 24 May 2000. No sol-
diers were killed or wounded during the redeployment to
the internationally recognized border of Blue Line.
4 Golan Heights
Main article: Golan Heights
Israel captured the Golan Heights from Syria in the

Main article: Southern Lebanon

Israeli occupation of southern Lebanon took place after

Israel invaded Lebanon during the 1982 Lebanon War
and subsequently retained its forces to support the Chris-
tian South Lebanon Army in Southern Lebanon. In 1982,
the Israeli Defense Forces (IDF) and allied Free Lebanon
Army Christian militias seized large sections of Lebanon,
including the capital of Beirut, amid the hostilities of the
wider Lebanese Civil War. 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 coordina-
tion with the self-proclaimed Free Lebanon State, which
executed a limited authority over portions of southern
Lebanon until 1984, and later with the South Lebanon
Army (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 po-
sitions and supported the SLA. The SLA took over daily
life in the security zone, initially as the official force of Map of the Golan Heights since 1974
the Free Lebanon State and later as an allied militia. No-
tably, the South Lebanon Army controlled the prison in 1967 Six-Day War. A ceasefire was signed on 11 June
Khiam. In addition, United Nations (UN) forces and the
1967 and the Golan Heights came under Israeli military
United Nations Interim Force in Lebanon (UNIFIL) were administration.[26] Syria rejected UNSC Resolution 242
deployed to the security belt (from the end of Operation of 22 November 1967, which called for the return of
Litani in 1978). Israeli-occupied State territories in exchange for peace-
The strip was a few miles wide, and consisted of about ful relations. Israel had accepted Resolution 242 in a
10% of the total territory of Lebanon, which housed speech to the Security Council on 1 May 1968. In March
about 150,000 people who lived in 67 villages and towns 1972, Syria “conditionally” accepted Resolution 242, and
made up of Shiites, Maronites and Druze (most of whom in May 1974, the Agreement on Disengagement between
lived in the town of Hasbaya). In the central zone of the Israel and Syria was signed.
Strip was the Maronite town Marjayoun, which was the In the Yom Kippur War of 1973, Syria attempted to re-
capital of the security belt. Residents remaining in the se-
capture the Golan Heights militarily, but the attempt was
curity zone had many contacts with Israel, many of whomunsuccessful. Israel and Syria signed a ceasefire agree-
have worked there and received various services from Is-
ment in 1974 that left almost all the Heights under Israeli
rael. control, while returning a narrow demilitarized zone to
Before the Israeli election in May 1999 the prime min- Syrian control. A United Nations observation force was
5.2 West Bank 5

established in 1974 as a buffer between the sides.[27] By Jordan occupied the West Bank, including East
Syrian formal acceptance of UN Security Council Reso- Jerusalem, from 1948 to 1967, annexing it in 1950
lution 338,[28] which set out the cease-fire at the end of the and granting Jordanian citizenship to the residents in
Yom Kippur War, Syria also accepted Resolution 242.[29] 1954 (the annexation claims and citizenship grants
On 14 December 1981, Israel passed the Golan Heights were rescinded in 1988 when Jordan acknowledged
Law, extending Israeli administration and law to the the Palestine Liberation Organization (PLO) as the
territory. Israel has expressly avoided using the term sole representative of the Palestinian people). Egypt
"annexation" to describe the change of status. However, administered the Gaza Strip from 1948 to 1967 but did
not annex it or make Gazans Egyptian citizens.[35]
the UN Security Council has rejected the de facto annex-
ation in UNSC Resolution 497, which declared it as “null
and void and without international legal effect”,[30] and
5.2 West Bank
consequently continuing to regard the Golan Heights as
an Israeli-occupied territory. The measure has also been
Main article: West Bank
criticized by other countries, either as illegal or as not be-
The West Bank was allotted to the Arab state under
ing helpful to the Middle East peace process.
Syria wants the return of the Golan Heights, while Is-
rael has maintained a policy of "land for peace" 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.
Throughout the 1990s several Israeli governments nego-
tiated with Syria’s president Hafez Al-Assad. While se-
rious progress was made, they were unsuccessful.
In 2004, there were 34 settlements in the Golan Heights,
populated by around 18,000 people.[31] Today, an esti-
mated 20,000 Israeli settlers and 20,000 Syrians live in
the territory.[27] All inhabitants are entitled to Israeli cit-
izenship, 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.[27][32]
In the Golan Heights there is another area occupied by Is-
rael, namely the Shebaa farms. Syria and Lebanon have
claimed that the farms belong to Lebanon and in 2007
a UN cartographer came to the conclusion that the She-
baa farms do actually belong to Lebanon (contrary to the
belief held by Israel). UN then said that Israel should re-
linquish the control of this area.[33] Map of the West Bank and the Gaza Strip, 2007

United Nations Partition Plan of 1947, but the West Bank

was occupied by Transjordan after the 1948 war. In April
5 Palestinian territories 1950, Jordan annexed the West Bank,[36] but this was rec-
ognized only by the United Kingdom and Pakistan. (see
Main article: Palestinian territories 1949 Armistice Agreements, Green Line)
See also: Political status of the West Bank and Gaza Strip
In 1967, the West Bank came under Israeli military ad-
ministration. Israel retained the mukhtar (mayoral) sys-
tem of government inherited from Jordan, and subse-
5.1 Background quent governments began developing infrastructure in
Arab villages under its control. (see Palestinians and
Both of these territories were part of Mandate Pales- Israeli law, International legal issues of the conflict,
tine, and both have populations consisting primarily Palestinian economy)
of Palestinians Arabs, including significant numbers of Since the Israel – Palestine Liberation Organization let-
refugees who fled or were expelled from Israel and terri- ters of recognition of 1993, most of the Palestinian pop-
tory Israel controlled[34] after the 1948 Arab–Israeli War. ulation and cities came under the jurisdiction of the
Today, Palestinians make up around half of Jordan’s pop- Palestinian Authority, and only partial Israeli military
ulation. control, although Israel has frequently redeployed its
6 5 PALESTINIAN TERRITORIES

troops and reinstated full military administration in vari- 5.3 Gaza Strip
ous parts of the two territories. On July 31, 1988, Jordan
renounced its claims to the West Bank for the PLO.[22]
Main article: Gaza Strip
In 2000, the Israeli government started to construct the
Israeli West Bank barrier, within the West Banks, sep-
arating Israel and several of its settlements, as well as Gaza Strip was allotted to the Arab state under United
a significant number of Palestinians, from the remain- Nations Partition Plan of 1947, but Gaza Strip was occu-
der of the West Bank. State of Israel cabinet approved a pied by Egypt after the 1948 war.
route to construct separation barrier whose total length Between 1948 and 1967, the Gaza Strip was under Egyp-
will be approximately 760 km (472 mi) built mainly tian military administration, being officially under the ju-
in the West Bank and partly along the 1949 Armistice risdiction of the All-Palestine Government until in 1959
line, or “Green Line” between Israel and Palestinian West it was merged into the United Arab Republic, de facto
Bank.[37] 12% of the West Bank area is on the Israel side becoming under direct Egyptian military governorship.
of the barrier.[38]
Between 1967 and 1993, the Gaza Strip was under Is-
In 2004, the International Court of Justice issued an advi- raeli military administration. In March 1979, Egypt re-
sory opinion stating that the barrier violates international nounced all claims to the Gaza Strip in the Egypt–Israel
law.[39] It claimed that “Israel cannot rely on a right of Peace Treaty.
self-defence or on a state of necessity in order to preclude
Since the Israel – Palestine Liberation Organization let-
the wrongfulness of the construction of the wall”.[40]
ters of recognition of 1993, the Gaza Strip came under
However, Israel government derived its justification for
the jurisdiction of the Palestinian Authority.
constructing this barrier with Prime Minister Ehud Barak
stating that it is “essential to the Palestinian nation in or- A July 2004 opinion of the International Court of Justice
[45]
der to foster its national identity and independence with- treated Gaza as part of the occupied territories.
[41]
out being dependent on the State of Israel”. The Is- In February 2005, the Israeli government voted to im-
raeli Supreme Court, sitting as the High Court of Justice, plement a unilateral disengagement plan from the Gaza
stated that Israel has been holding the areas of Judea and Strip. The plan began to be implemented on 15 August
Samaria in belligerent occupation, since 1967. The court 2005, and was completed on 12 September 2005. Un-
also held that the normative provisions of public inter- der the plan, all Israeli settlements in the Gaza Strip (and
national law regarding belligerent occupation are appli- four in the West Bank) and the joint Israeli-Palestinian
cable. The Regulations Concerning the Laws and Cus- Erez Industrial Zone were dismantled with the removal
toms of War on Land, The Hague of 1907 and the Fourth of all 9,000 Israeli settlers (most of them in the Gush
Geneva Convention Relative to the Protection of Civilian Katif settlement area in the Strip’s southwest) and mil-
Persons in Time of War 1949 were both cited.[5] itary bases. Some settlers resisted the order, and were
About 300,000 Israeli settlers live in the West Bank along forcibly removed by the IDF. On 12 September 2005 the
the Israeli West Bank barrier (and a further 200,000 Israeli cabinet formally declared an end to Israeli military
live in East Jerusalem and 50,000 in the former Israeli– occupation of the Gaza Strip. To avoid allegations that it
Jordanian no-man’s land). The barrier has many effects was still in occupation of any part of the Gaza Strip, Israel
on Palestinians including reduced freedoms, road clo- also withdrew from the Philadelphi Route, which is a nar-
sures, loss of land, increased difficulty in accessing medi- row strip adjacent to the Strip’s border with Egypt, after
cal and educational services in Israel,[42][42] restricted ac- Egypt’s agreement to secure its side of the border. Under
cess to water sources, and economic effects. Regarding the Oslo Accords the Philadelphi Route was to remain
the violation of freedom of Palestinians, in a 2005 report, under Israeli control to prevent the smuggling of mate-
the United Nations stated that:[47] ...it is difficult to over- rials (such as ammunition) and people across the bor-
state the humanitarian impact of the Barrier. The route der with Egypt. With Egypt agreeing to patrol its side
inside the West Bank severs communities, people’s access of the border, it was hoped that the objective would be
to services, livelihoods and religious and cultural ameni- achieved. However, Israel maintained its control over the
ties. In addition, plans for the Barrier’s exact route and crossings in and out of Gaza. The Rafah crossing be-
crossing points through it are often not fully revealed until tween Egypt and Gaza was monitored by the Israeli army
days before construction commences.[43] This has led to through special surveillance cameras. Official documents
considerable anxiety among Palestinians about how their such as passports, I.D. cards, export and import papers,
future lives will be impacted...The land between the Bar- and many others had to be approved by the Israeli army.
rier and the Green Line constitutes some of the most fer- The Israeli position is that Gaza is no longer occupied,
tile in the West Bank. It is currently the home for 49,400 inasmuch as Israel does not exercise effective control
West Bank Palestinians living in 38 villages and towns.[44] or authority over any land or institutions in the Gaza
Strip.[46][47] Foreign Affairs Minister of Israel Tzipi Livni
stated in January, 2008: “Israel got out of Gaza. It dis-
mantled its settlements there. No Israeli soldiers were left
5.4 East Jerusalem 7

there after the disengagement.”[48] 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 le-
gal status of the areas slated for evacuation has not
changed.”[46] Human Rights Watch also contested that
this ended the occupation.[49][50] The United Nations,
Human Rights Watch and many other international bod-
ies and NGOs continues to consider Israel to be the oc-
cupying power of the Gaza Strip as Israel controls Gaza
Strip’s airspace, territorial waters and controls the move-
ment of people or goods in or out of Gaza by air or
sea.[12][13][14]
The United Nations Office for the Coordination of
Humanitarian Affairs maintains an office on “Occu-
pied Palestinian Territory,” which concerns itself with
the Gaza Strip.[51] In his statement on the 2008–2009
Israel–Gaza conflict Richard Falk, United Nations Spe-
cial Rapporteur on “the situation of human rights in the
Palestinian territories" wrote that international humani-
tarian law applied to Israel “in regard to the obligations
of an Occupying Power and in the requirements of the
laws of war.”[52] In a 2009 interview on Democracy Now
Christopher Gunness, spokesperson for the United Na- Greater Jerusalem, May 2006. CIA remote sensing map showing
tions Relief and Works Agency for Palestine Refugees in East Jerusalem, the Green Line and Jerusalem’s city limits which
the Near East (UNRWA) contends that Israel is an occu- were unilaterally expanded by Israel, 28 June 1967, annexed by
Knesset (30 July 1980), and modified and expanded in February
pying power. However, Meagan Buren, Senior Adviser to
1992.
the Israel Project, a pro-Israel media group contests that
characterization.[53]
In 2007, after Hamas defeated Fatah in the Battle of Gaza
years, after which the residents would be allowed to con-
(2007) and took control over the Gaza Strip, Israel im-
duct a referendum and the issue could be re-examined by
posed a blockade on Gaza. Palestinian rocket attacks and
the Trusteeship Council.
Israeli raids, such as Operation Hot Winter continued into
2008. A six month ceasefire was agreed in June 2008, but However, after the 1948 Arab–Israeli War, Jordan cap-
it was broken several times by both Israel and Hamas. As tured East Jerusalem and the Old City, and Israel cap-
it reached its expiry, Hamas announced that they were tured and annexed the western part of Jerusalem . Jor-
unwilling to renew the ceasefire without improving the dan bilaterally annexed East Jerusalem along with the rest
terms.[54] At the end of December 2008 Israeli forces be- of the West Bank in 1950 as a temporary trustee [58] at
gan Operation Cast Lead, launching the Gaza War that the request of a Palestinian delegation,[59] and although
left an estimated 1,166–1,417 Palestinians and 13 Israelis the annexation was recognized by only two countries, it
dead.[55][56][57] was not condemned by the UNSC. The British did not
recognize the territory as sovereign to Jordan.[60] Israel
In January 2012, the spokesperson for the UN Secre-
captured East Jerusalem from Jordan in the 1967 Six-
tary General stated that under resolutions of the Security
Day War. On June 27, Israel extended its laws, juris-
Council and the General Assembly, the UN still regards
diction, and administration to East Jerusalem and sev-
Gaza to be part of the Occupied Palestinian Territory.[11]
eral nearby towns and villages, and incorporated the area
into the Jerusalem Municipality. In 1980, the Knesset
passed the Jerusalem Law, which was declared a Basic
5.4 East Jerusalem Law, which declared Jerusalem to be the “complete and
united” capital of Israel. However, United Nations Se-
Main article: East Jerusalem curity Council Resolution 478 declared this action to be
“null and void”, and that it “must be rescinded forthwith”.
Jerusalem has created additional issues in relation to the The international community does not recognize Israeli
question of whether or not it is occupied territory. The sovereignty over East Jerusalem and considers it occupied
1947 UN Partition Plan had contemplated that all of territory.[61]
Jerusalem would be an international city within an in- UN Security Council Resolution 478 also called upon
ternational area that included Bethlehem for at least ten countries which held their diplomatic delegations to Is-
8 6 VIEWS ON TERMINOLOGY USED

rael in Jerusalem, to move them outside the city. Most did apply, since those were recognized as customary in-
nations with embassies in Jerusalem complied, and re- ternational law.[68]
located their embassies to Tel Aviv or other Israeli
cities prior to the adoption of Resolution 478. Fol-
lowing the withdrawals of Costa Rica and El Salvador
in August 2006, no country maintains its embassy in
Jerusalem, although Paraguay and Bolivia once had
theirs in nearby Mevasseret Zion.[62] The United States
Congress passed the Jerusalem Embassy Act in 1995,
stating that “Jerusalem should be recognized as the capi-
tal 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, offi-
cial U.S. documents and web sites refer to Jerusalem as
the capital of Israel. Since passage, the law has never
been implemented, because of opposition from Presi-
dents Clinton, Bush, and Obama, who view it as a Con-
gressional infringement on the executive branch's consti- The settlement Elon Moreh, 2008
tutional authority over foreign policy;[63] they have consis-
tently claimed the presidential waiver on national security
interests.

6 Views on terminology used

Main article: Status of territories captured by Israel

The Israeli government maintains that according to in-

ternational law the West Bank status is that of disputed
territories.[64][65]
The question is important given if the status of “occupied A military checkpoint along the route of the forthcoming West
territories” has a bearing on the legal duties and rights Bank Barrier, near Abu Dis
of Israel toward those.[66] Hence it has been discussed in
various forums including the UN. The Israeli High Court of Justice determined in the 1979
Elon Moreh case that the area in question was under occu-
pation and that accordingly only the military commander
6.1 Israeli judicial decisions of the area may requisition land according to Article 52
of the Regulations annexed to the Hague IV Convention.
In two cases decided shortly after independence, in the Military necessity had been an after-thought in planning
Shimshon and Stampfer cases, the Supreme Court of Is- portions of the Elon Moreh settlement. That situation did
rael held that the fundamental rules of international law not fulfill the precise strictures laid down in the articles of
accepted as binding by all “civilized” nations were in- the Hague Convention, so the Court ruled the requisition
corporated in the domestic legal system of Israel. The order had been invalid and illegal.[69] In recent decades,
Nuremberg Military Tribunal determined that the arti- the government of Israel has argued before the Supreme
cles annexed to the Hague IV Convention of 1907 were Court of Israel that its authority in the territories is based
customary law that had been recognized by all civilized on the international law of “belligerent occupation”, in
nations.[67] In the past, the Supreme Court has argued that particular the Hague Conventions. The court has con-
the Geneva Convention insofar it is not supported by do- firmed this interpretation many times, for example in its
mestic legislation “does not bind this Court, its enforce- 2004 and 2005 rulings on the separation fence.[70][71]
ment being a matter for the states which are parties to
the Convention”. They ruled that “Conventional interna- In its June 2005 ruling upholding the constitutionality
tional law does not become part of Israeli law through of the Gaza disengagement, the Court determined that
automatic incorporation, but only if it is adopted or com- “Judea and Samaria” [West Bank] and the Gaza area are
bined with Israeli law by enactment of primary or sub- lands seized during warfare, and are not part of Israel:
sidiary legislation from which it derives its force”. How-
ever, in the same decision the Court ruled that the Fourth The Judea and Samaria areas are held by
Hague Convention rules governing belligerent occupation the State of Israel in belligerent occupation.
6.3 Israeli Jewish religious views 9

The long arm of the state in the area is the tories under IDF administration. He explained that as
military commander. He is not the sovereign the legal counsel of the Foreign Ministry, Theodor Meron
in the territory held in belligerent occupation was the Israeli government’s expert on international law.
(see The Beit Sourik Case, at p. 832). His On September 16, 1967 Meron wrote a top secret memo
power is granted him by public international to Mr. Adi Yafeh, Political Secretary of the Prime Min-
law regarding belligerent occupation. The le- ister regarding “Settlement in the Administered Territo-
gal meaning of this view is twofold: first, Is- ries” which said “My conclusion is that civilian settlement
raeli law does not apply in these areas. They in the Administered territories contravenes the explicit
have not been “annexed” to Israel. Second, the provisions of the Fourth Geneva Convention.”[80] Moshe
legal regime which applies in these areas is de- Dayan authored a secret memo in 1968 proposing mas-
termined by public international law regarding sive settlement in the territories which said “Settling Is-
belligerent occupation (see HCJ 1661/05 The raelis in administered territory, as is known, contravenes
Gaza Coast Regional Council v. The Knes- international conventions, but there is nothing essentially
set et al. (yet unpublished, paragraph 3 of the new about that.”[81]
opinion of the Court; hereinafter – The Gaza
Various Israeli Cabinets have made political statements
Coast Regional Council Case). In the center and many of Israel’s citizens and supporters dispute that
of this public international law stand the Reg- the territories are occupied and claim that use of the term
ulations Concerning the Laws and Customs of “occupied” in relation to Israel's control of the areas has
War on Land, The Hague, 18 October 1907 no basis in international law or history, and that it pre-
(hereinafter – The Hague Regulations). These judges the outcome of any future or ongoing negotiations.
regulations are a reflection of customary inter- They argue it is more accurate to refer to the territories as
national law. The law of belligerent occupation "disputed" rather than "occupied" although they agree to
is also laid out in IV Geneva Convention Rel- apply the humanitarian provisions of the Fourth Geneva
ative to the Protection of Civilian Persons in Convention pending resolution of the dispute. Yoram
Time of War 1949 (hereinafter – the Fourth Dinstein, has dismissed the position that they are not
Geneva Convention).[72][73] occupied as being “based on dubious legal grounds”.[82]
Many Israeli government websites do refer to the areas as
being “occupied territories”.[83] According to the BBC,
6.2 Israeli legal and political views “Israel argues that the international conventions relating
to occupied land do not apply to the Palestinian territories
Soon after the 1967 war, Israel issued a military or- because they were not under the legitimate sovereignty of
der stating that the Geneva Conventions applied to the any state in the first place.”[84]
recently occupied territories,[74] but this order was re-
scinded a few months later.[75] For a number of years, In the Report on the Legal Status of Building in Judea and
Israel argued on various grounds that the Geneva Con- Samaria, usually referred to as Levy Report, published in
ventions do not apply. One is the Missing Reversioner July 2012, a three-member committee headed by former
theory[76] which argued that the Geneva Conventions Israeli Supreme Court justice Edmund Levy which was
apply only to the sovereign territory of a High Con- appointed by Prime Minister Binyamin Netanyahu comes
tracting Party, and therefore do not apply since Jordan to the conclusion that Israel’s presence [85]
in the West Bank is
never exercised sovereignty over the region. [68]
How- not an occupation in the legal sense, and that the Israeli
ever, that interpretation is not shared by the international settlements in those territories do not contravene interna-
[86]
[77]
community. The application of Geneva Convention to tional law. The report has met with both approval and
Occupied Palestinian Territories was further upheld by harsh criticism in Israel and outside. As of July 2013, the
International Court of Justice, UN General Assembly, report was not brought before the Israeli cabinet or any
UN Security Council and the Israeli Supreme Court.[77] parliamentary or governmental body which would have
the power to approve it.
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 6.3 Israeli Jewish religious views
of War, and that the humanitarian rules of the Fourth
Geneva Convention apply.[78] The Israeli Ministry of For- Main articles: Land of Israel and Greater Israel
eign Affairs says that the Supreme Court of Israel has According to the views of most adherents of Religious
ruled that the Fourth Geneva Convention and certain Zionism and to certain streams of Orthodox Judaism,
parts of Additional Protocol I reflect customary interna- there are no, and cannot be, “occupied territories” be-
tional law that is applicable in the occupied territories.[79] cause all of the Land of Israel (Hebrew: ‫ ֶאֶרץ ִיְׂשָרֵאל‬ʼÉreṣ
Gershom Gorenberg has written that the Israeli govern- Yiśrāʼēl, Eretz Yisrael) belongs to the Jews, also known as
ment knew at the outset that it was violating the Geneva the Children of Israel, since the times of Biblical antiq-
Convention by creating civilian settlements in the terri- uity based on various Hebrew Bible passages.
10
Map showing an interpretation of the borders of the Land of Is-
rael, based on scriptural verses found in Numbers 34:1-15 and
Ezekiel 47:13-20, includes almost all of the occupied territories.
The Jewish religious belief that the area is a God-given
inheritance of the Jewish people is based on the Torah,
especially the books of Genesis and Exodus, as well as the
Prophets. According to the Book of Genesis, the land was
promised by God to the descendants of Abraham through
his son Isaac and to the Israelites, descendants of Jacob,
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 between God and the Israelites, as the The international community has formally entrusted the
following verses show.
The definition of the limits of this territory varies between the role of guardian of international humanitarian law.
biblical passages, some of the main ones being:
• Genesis 15:18-21
• Exodus 23:28-33
• Numbers 34:1-15
• Deuteronomy 11:24
• Deuteronomy 1:7
• Ezekiel 47:13-20
The boundaries of the Land of Israel are different from
the borders of historical Israelite kingdoms. The Bar
Kokhba state, the Herodian Kingdom, the Hasmonean
Kingdom, and possibly the United Kingdom of Israel and
6 VIEWS ON TERMINOLOGY USED
Judah[87] ruled lands with similar but not identical bound-
aries. The current State of Israel also has similar but not
identical boundaries.
A small sect of Haredi Jews, the Neturei Karta opposes
Zionism 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.[88][89]
6.4 International views
The official term used by the United Nations Secu-
rity Council to describe Israeli-occupied territories is
“the Arab territories occupied since 1967, including
Jerusalem”, which is used, for example, in Resolutions
446 (1979), 452 (1979), 465 (1980) and 484. A confer-
ence of the parties to the Fourth Geneva Convention,[90]
and the International Committee of the Red Cross,[91]
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) and the Golan Heights in 1981 (see
Golan Heights Law) has not been recognized by any other
country.[92] 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 also declared the annex-
ation of the Golan “null and void”. Following withdrawal
by Israel from the Sinai Peninsula in 1982, as part of the
1979 Israel–Egypt Peace Treaty, the Sinai ceased to be
considered occupied territory. While the Palestinian Au-
thority, the EU,[93] the International Court of Justice,[1]
the UN General Assembly[2] and the UN Security Coun-
cil[94] consider East Jerusalem to be part of the West Bank
and occupied by Israel; Israel considers all of Jerusalem
to be its capital and sovereign territory.[95]
International Committee of the Red Cross (ICRC) with
That includes a watchdog function by which it takes direct
action to encourage parties to armed conflict to comply
with international humanitarian law.[96] The head of the
International Red Cross delegation to Israel and the Oc-
cupied Territories stated that the establishment of Israeli
settlements in the occupied territories is a grave breach
of the Geneva Conventions that constitute war crime.[97]
In 1986, the International Court of Justice ruled that por-
tions of the Geneva Conventions of 1949 merely declare
existing customary international law.[98] In 1993, the UN
Security Council adopted a binding Chapter VII resolu-
tion 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.[99] The subsequent inter-
7.1 2012 UN report on settlements 11

pretation of the International Court of Justice does not Yearbook of International Law (1998–1999) said “the
support Israel’s view on the applicability of the Geneva “transfer, directly or indirectly, by the Occupying Power
Conventions.[100] of parts of its own civilian population into the territory it
In July 2004, the International Court of Justice delivered occupies, or the deportation or transfer of all or parts of
an Advisory Opinion on the 'Legal Consequences of the the population of the occupied territory within or outside
Construction of a Wall in the Occupied Palestinian Terri- this territory” amounts to a war crime. They hold that
tory'. The Court observed that under customary interna- this is obviously applicable to Israeli settlement activities
[108]
tional law as reflected in Article 42 of the Regulations an- in the Occupied Arab Territories.”
nexed to the Hague IV Convention, territory is considered In 2004 the International Court of Justice, in an advi-
occupied when it is actually placed under the authority of sory, non-binding[109] opinion, noted that the Security
the hostile army, and the occupation extends only to the Council had described Israel’s policy and practices of
territory where such authority has been established and settling parts of its population and new immigrants in
can be exercised. Israel raised a number of exceptions the occupied territories as a “flagrant violation” of the
and objections,[101] but the Court found them unpersua- Fourth Geneva Convention. The Court also concluded
sive. The Court ruled that territories had been occupied that the Israeli settlements in the Occupied Palestinian
by the Israeli armed forces in 1967, during the conflict Territory (including East Jerusalem) have been estab-
between Israel and Jordan, and that subsequent events in lished “in breach of international law” and that all the
those territories, had done nothing to alter the situation. States parties to the Geneva Convention are under an obli-
Al Haq, an independent Palestinian human rights organi- gation to ensure compliance by Israel with international
[100]
zation based in Ramallah in the West Bank and an affiliate law as embodied in the Convention.
of the International Commission of Jurists, has asserted In May 2012 the 27 ministers of foreign affairs of the
that “As noted in Article 27 of the Vienna Convention European Union published a report strongly denouncing
on the Law of Treaties, 'a party may not invoke the pro- policies of the State of Israel in the West Bank and find-
visions of its internal law as justification for its failure ing that settlements in the West Bank are illegal: “settle-
to perform a treaty'. As such, Israeli reliance on local ments remain illegal under international law, irrespective
law does not justify its violations of its international legal of recent decisions by the government of Israel. The EU
obligations”.[102] Further, the Palestinian mission to the reiterates that it will not recognize any changes to the pre-
U.N. has argued that:[103] 1967 borders including with regard to Jerusalem, other
than those agreed by the parties.”[110] The report by all
EU foreign ministers also criticized the Israeli govern-
it is of no relevance whether a State has a
ment’s failure to dismantle settler outposts illegal even
monist or a dualist approach to the incorpo-
under domestic Israeli law.”[110]
ration of international law into domestic law.
A position dependent upon such considerations Israel denies that the Israeli settlements are in breach
contradicts Article 18 of the Vienna Conven- of any international laws.[111] The Israeli Supreme Court
tion on the Law of Treaties of 1969 which has yet to rule decisively on settlement legality under the
states that: "a state is obliged to refrain from Geneva Convention.[112]
acts which would defeat the object and purposes
of a treaty when it has undertaken an act ex-
pressing its consent thereto." The Treaty, which 7.1 2012 UN report on settlements
is substantially a codification of customary in-
ternational law, also provides that a State "may The United Nations Human Rights Commission decided
not invoke the provisions of its internal law as in March 2012 to establish a panel charged with investi-
justification for its failure to perform a treaty" gating “the implications of the Israeli settlements on the
(Art. 27). civil, political, economic, social and cultural rights of the
Palestinian people throughout the Occupied Palestinian
Territory, including East Jerusalem.”[113] In reaction the
government of Israel ceased cooperating with the UN
7 International law violations High Commissioner on Human Rights and boycotted the
UN Human Rights Commission. The U.S. government
The establishment of Israeli settlements is held to consti- acceded to the Israeli government demand to attempt to
tute a transfer of Israel’s civilian population into the oc- thwart the formation of such a panel.[113]
cupied territories and as such is illegal under the Fourth On January 31, 2012 the United Nations independent “In-
Geneva Convention.[104][105][106] This is disputed by other ternational Fact-Finding Mission on Israeli Settlements in
legal experts who argue with this interpretation of the law the Occupied Palestinian Territory” filed a report stating
[107]
that Israeli settlement led to a multitude of violations of
In 2000, the editors of the Geneva Academy of Inter- Palestinian human rights and that if Israel did not stop all
national Humanitarian Law and Human Rights Palestine settlement activity immediately and begin withdrawing
12
all settlers from the West Bank, it potentially might face a
case at the International Criminal Court. It said that Israel
was in violation of article 49 of the fourth Geneva con-
vention forbidding transferring civilians of the occupy-
ing nation into occupied territory. It held that the settle-
ments are “leading to a creeping annexation that prevents
the establishment of a contiguous and viable Palestinian
state and undermines the right of the Palestinian peo-
ple to self-determination.” After Palestine’s admission to
the United Nations as a non-member state in Septem-
ber 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 con-
flict. The human rights council has sadly distinguished
itself by its systematically one-sided and biased approach
towards Israel.”[114][115][116]
7.2 2013 EU directive for 2014 to 2020
Following a decision by European Union (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 terri-
tories occupied by Israel in 1967,” the European Com-
mission 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 settle-
ments and Israeli institutions and bodies situated across
the pre-1967 Green Line – including the Golan Heights,
the West Bank and East Jerusalem.[117] EU grants, fund-
ing, prizes or scholarships will only be granted if a set-
tlement 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 se-
cure agreements with the EU.[118]
In a statement, the EU said that “the guidelines are ... in
conformity with the EU’s longstanding position that Is-
raeli 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.”[119]
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 Pales-
9 NOTES
tinian Authority, nor do they apply to Israeli government
ministries or national agencies, to private individuals, to
human rights organizations operating in the occupied ter-
ritories, or to NGOs working toward promoting peace
which operate in the occupied territories.[120][121]
The move was described as an “earthquake” by an Is-
raeli official who wished to remain anonymous,[118] 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 thou-
sands 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 pol-
icy could extend to settlement produce and goods ex-
ported 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 con-
sumers to make informed choices.[117] A special minis-
terial 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 for-
ward to continued successful EU-Israel cooperation, in-
cluding in the area of scientific cooperation.”[122]
Palestinians and their supporters hailed the EU directive
as a significant political and economic sanction against
settlements. Hanan Ashrawi welcomed the guidelines,
saying: “The EU has moved from the level of statements,
declarations and denunciations to effective policy deci-
sions and concrete steps, which constitute a qualitative
shift that will have a positive impact on the chances of
peace.”[117]
8 See also
• International law and the Arab–Israeli conflict
• Occupation of the Gaza Strip by Egypt
• Jordanian occupation of the West Bank
• Israel and the apartheid analogy
9 Notes
[1] The occupied part (western two-thirds) of the Golan, the
eastern third of the Golan Heights is currently controlled
by Syria, as well as the Israeli-occupied part of Mount
Hermon

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[7] FAQ: The Peace process with the Palestinians – Dec 2009.
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13
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14
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[104] Abu-Lughod, Janet (1982). “Israeli Settlements in Occu-
pied Arab Lands: Conquest to Colony”. Journal of Pales-
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nexation of East Jerusalem and a wide belt of surround-
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of residents from an occupied area, regardless of motive.
And yet thousands of Palestinians have been expelled (see
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[109] Retrieved on 2012-07-30.

[110] Haaretz, 14 May 2012, “EU: Israel’s Policies in

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11 External links
• “From 'Occupied Territories’ to 'Disputed Territo-
ries’" by Dore Gold
• “Israeli Water Interests in the Occupied Territories”,
from Security for Peace: Israel’s Minimal Security
Requirements in Negotiations with the Palestinians,
by Ze'ev Schiff, 1989. Retrieved October 8, 2005.
 17

• Howell, Mark (2007). What Did We Do to Deserve

This? Palestinian Life under Occupation in the West
Bank, Garnet Publishing. ISBN 1-85964-195-4

• Occupied Palestinian Territory, The Office of the

United Nations High Commissioner for Human
Rights (OHCHR)
18 12 TEXT AND IMAGE SOURCES, CONTRIBUTORS, AND LICENSES

12 Text and image sources, contributors, and licenses

12.1 Text
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Ashmoo, BD2412, Rjwilmsi, Jweiss11, Amire80, Mitrebox, Vegaswikian, Ligulem, LjL, MarnetteD, Yuber, FuelWagon, Ian Pitch-
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NawlinWiki, Rjensen, Equilibrial, Number 57, Aaron Schulz, Brian Tvedt, Louiswaweru, JoanneB, Dervish Tsaddik, Andjam, Mars-
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Mocu, GUSwim, WereSpielChequers, Peter cohen, Wcdune1, Delad, Jojalozzo, Abnn, Mimihitam, Oxymoron83, Edstat, Sean.hoyland,
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