forcible transfer are considered grave breaches under the GCIV.18 These acts, therefore, unless justified by military necessity or a lawful evacuation in the context of ongoing hostilities, constitute a war crime and/or a crime against humanity,19 and can be tried by the ICC in accordance with the Rome Statute.20 The commission of war crimes or crimes against humanity also places a binding obligation on states to respond to the act by providing appropriate penal measures and to bring the perpetrators before a court of law.21 International Human Rights Law Self-determination is a core principle of IHRL, arising from customary international law, but is also protected under common Article 1 of both the ICCPR and the ICESCR.22 The right to self-determination includes the inherent right to “freely pursue… economic, social and cultural development.”23 A recent UN resolution reaffirmed this right and reinforced “the right of the Palestinian people to permanent sovereignty over their natural wealth and resources must be used in the interest of their national development, the well-being of the Palestinian people and as part of the realization of their right to self-determination.”24 The ICCPR also asserts the right “to have access, on general terms of equality, to public service in his country.”25 The ICESCR provides that states have an obligation to ensure the minimum basic requirements of all rights articulated in the Covenant, which refers to adequate food, shelter and housing, education, the right to work and the “right of everyone to the enjoyment of the highest attainable standard of physical and mental health.”26 States who are party to the Covenant have a duty to respect, protect, and fulfill these rights.27 Modern nation18 GCIV, art. 147, supra note 5. 19 When committed as part of a widespread or systematic attack directed against any civilian population. 20 Marko Divac Oberg, “The Absorption of Grave Breaches into War Crimes,” International Review of the Red Cross 91, no. 873 (March 2009): 164-169, available at: https://www.icrc.org/eng/assets/files/ other/irrc-873-divac-oberg.pdf 21 ICRC, Rule 158 of Customary IHL: Prosecution of War Crimes, n.d., available at: https://ihl-databases. icrc.org/customary-ihl/eng/docs/v1_rul_rule158 22 UNGA, ICCPR, art. 1, supra note 1 ; UNGA, ICESCR, art. 1, supra note 1. 23 Ibid. 24 UN Human Rights Council, Right of the Palestinian people to self-determination, 11 April 2014, A/HRC/ RES/25/27, available at: http://www.refworld.org/docid/53bce5254.html [accessed 16 August 2017]. 25 UNGA, ICCPR, art. 25, supra note 1. 26 Ibid.; UNGA, ICESCR, supra note 1. 27 The ICESCR was ratified by Israel on 3 October 1991. See, OHCHR, “Key concepts on ESCRs - What are the obligations of States on economic, social and cultural rights?”, n.d., available at: http://www.ohchr. org/EN/Issues/ESCR/Pages/WhataretheobligationsofStatesonESCR.aspx [accessed 16 August 2017]. 14