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
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