identity, as well as their strength and capacity to resist Israel’s forcible claims
to the territory, Israel aims to erode the strength of the legal and historical
recognition of the right of the Palestinian people to self-determination.
In doing so, Israel gradually erases the legitimate Palestinian rights to the
territory and entrenches its presence and domination of Palestine. It should
be noted that since its creation, Israel has been denying the Palestinian
people their right to self-determination. Importantly, Israel’s policies and
practices have also had a significant impact on the international community’s
perception of this right.
1.1. The Right to Self-Determination
As a matter of international law, due attention should be given to the legal
implications of the right to self-determination, given that it constitutes both
the fundamental tenet of the Palestinian people’s entitlement to their land,
and the ultimate target of the policies of segregation, fragmentation and
isolation.
Self-determination of peoples emerged as an ideological concept in the
context of early twentieth century Europe. It first came to be recognized as a
principle of international law in Article 1(2) and Article 55 of the UN Charter,12
and as an erga omnes principle.13 Importantly, self-determination evolved
into a peremptory norm through the decolonization process of the 1960s,
explicitly as a right owed to all peoples experiencing colonial subjugation.14
Under Common Article 1(1) of the International Covenant on Civil and
Political Rights (ICCPR) and the International Covenant on Economic, Social
and Cultural Rights (ICESCR),15 the right to self-determination was formulated
12 Charter of the United Nations [UN Charter], 1 UNTS XVI, 24 October 1945, art. 1(2) & art.55, available
at: https://www.un.org/en/sections/un-charter/introductory-note/index.html [accessed 28 February
2020].
13 UN Charter, supra 12, art. 56; Case Concerning East Timor (Portugal v. Australia), Judgment, 1995 ICJ
84, 30 June 1995, §29, available at: https://www.icj-cij.org/en/case/84 [accessed 28 February 2020].
14 United Nations General Assembly [UNGA], Declaration on the Granting of Independence to Colonial
Countries and Peoples, A/RES/1514(XV), 14 December 1960, §2, available at: https://www.un.org/
ga/search/view_doc.asp?symbol=A/RES/1514(XV)[accessed 28 February 2020]; UNGA, Declaration
on Principles of International Law concerning Friendly Relations and Co-operation among States in
accordance with the UNGA, A/RES/2625(XXV), 24 October 1970, available at: https://www.un.org/
ga/search/view_doc.asp?symbol=A/RES/2625(XXV) [accessed 28 February 2020].
15 UNGA, International Covenant on Civil and Political Rights [ICCPR], 999 UNTS 171, 16 December 1966,
art.1(1), available at: https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx [accessed 28
February 2020]; UNGA, International Covenant on Economic, Social and Cultural Rights [ICESCR], 993
UNTS 3, 16 December 1966, art.1(1), available at: https://www.ohchr.org/en/professionalinterest/
pages/cescr.aspx [accessed 28 February 2020].
12