LEGAL FRAMEWORK
International humanitarian law (IHL) - the applicable legal framework in
situations of occupation - places specific binding obligations on Israel with
respect to the administration and development of natural resources and the
provision of services in the occupied Palestinian territory (oPt). Specifically,
the 1949 Fourth Geneva Convention (GCIV), the Hague Regulations of 1907,2
and customary international law are relevant. Additionally, the jurisprudence
of the International Court of Justice (ICJ) has concluded that the applicability
of IHL in a territory under occupation does not cease the application of human
rights law instruments.3 Specifically, in situations of occupation, the human
rights framework should complement and reinforce the protection afforded
by IHL. Therefore, international human rights law (IHRL) instruments such
as the International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights (ICESCR) are
also applicable.4 Both the aforementioned legal instruments are binding on
Israel; accordingly, its administration of the oPt must adhere to both IHL and
IHRL standards. Israel is also bound by customary criminal law, which is a
body of international law that aims to prohibit the most grievous actions –
namely war crimes, crimes against humanity, genocide and aggression – and
to prosecute the perpetrators. Moreover, the International Criminal Court
has jurisdiction over crimes committed in the oPt since June 2014 following
the signing of the Rome Statute by the Palestinian Authority in January 2015.
2
While Israel is not a signatory to the Hague Regulations, these Regulations form part of customary
international law and are therefore binding on all states.
3
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory
Opinion, 2004 ICJ (July 9) [hereinafter ICJ, Wall Advisory Opinion]; Armed Activities on the Territory
of the Congo (Democratic Republic of the Congo v. Uganda), Judgment, 2005 ICJ (Dec. 19); BADIL
Resource Center for Palestinian Residency and Refugee Rights (BADIL), Forced Population Transfer:
The Case of Palestine, Installment of a Permit Regime, (Bethlehem, 2015), 14, available at: https://
www.badil.org/phocadownloadpap/badil-new/publications/research/working-papers/wp18-FPTIsraeli-permit-system.pdf [hereinafter BADIL, FPT: Permit Regime].
4
Israel ratified both the ICCPR and ICESCR in October 1991. See: Ratification Status for Israel, Office
of the United Nations High Commissioner for Human Rights (OHCHR), n.d., available at: http://
tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Treaty.aspx?CountryID=84&Lang=EN
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