control over the area, then the hostilities paradigm would regulate the use of force by Israel against legitimate military targets, while the law enforcement paradigm would be applicable in all other circumstances.27 In international law, the use of armed force is only allowed if it is an act of self-defense (i.e. in response to an armed attack or an imminent threat of one)28 or if it is a Chapter VII action sanctioned by the UN Security Council.29 When an occupation is already in place, as in the case of the oPt, it is not possible for the occupying power to invoke self-defense to justify the use of force against the territory it occupies and those it is obliged to protect. When security threats emanate from the oPt, the occupying forces must resort to policing measures and only exceptionally, use military force regulated by IHL under the hostilities paradigm. However, under no circumstances can Palestinians in the oPt be deprived from the protection afforded to them by international law or be subjected to collective punishment.30 Further, Israel is still obligated by IHL to spare civilians as much as possible from the conflict; regardless of the applicable paradigm, those not involved in armed conflict must never be subjected to force. 27 Expert meeting, Occupation and Other Forms of Administration of Foreign Territory, ICRC, June 2012. Available at: https://www.icrc.org/eng/assets/files/publications/icrc-002-4094.pdf 28 Noura Erakat, No, Israel does not have the right to self-defense in international law against occupied Palestinian territory, blog le Monde, 5 December 2012. Available at: http://tibaert.blog.lemonde. fr/noura-erakat-no-israel-does-not-have-the-right-to-self-defense-in-international-law-againstoccupied-palestinian-territory/ 29 Chapter VII of the United Nations Charter allows the Security Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take means necessary to "maintain or restore international peace and security". In this matter, the Council can make recommendations or resort to non-military and military action 30 Diakona, Law Enforcement under Occupation, op. cit., August 2015, page 7 16

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