Legal Framework Both international human rights law (IHRL) applicable at all times in both Israel and the oPt, and international humanitarian law (IHL) applicable during situations of armed conflict and occupation, or thus applying to the oPt only, prohibit states from carrying out arbitrary confiscation or destruction of property. The policy of land confiscation and denial of use and access, moreover, affects the realization of numerous other fundamental rights, including the right of refugees and internally displaced persons (IDPs) to reparations (repatriation, property restitution, compensation and satisfaction). It also has a profound impact on national identity, culture and livelihood. IHRL Provisions According to IHRL, Israel must respect, protect and fulfill all human rights enshrined in the UN treaties it has ratified. All decisions taken in cases of land confiscation or that lead to denial of access of land should take into account and respect these treaties, both within Israel and extraterritorially in the oPt.29 States are also obligated to respect customary international law, which is a set of general practices or customs that are accepted as binding on all states.30 Right to Property The right to property, and more specifically, the right to private property is one of the most controversial human rights. Not only in terms of its 29 Elisabeth Wickeri and Anil Kalhan, “Land Rights Issues in International Human Rights Law”, Institute for Human Rights and Business, 2010, available at: https://www.ihrb.org/pdf/Land_Rights_Issues_in_ International_HRL.pdf [accessed 15 September 2017]. 30 Legal Information Institute, “Customary International Law”, Cornell Law School, available at: https:// www.law.cornell.edu/wex/customary_international_law [accessed 15 September 2017]. 17