International Law

THE INTERNATIONAL LAW OF WAR

 The law of war is a legal term of art that refers to the aspect of public international law concerning acceptable justifications to engage in war (jus ad bellum) and the limits to acceptable wartime conduct (jus in bello or International humanitarian law).

 Belligerent occupation is governed by The Hague Regulations of 1907, as well as by the Fourth Geneva Convention of 1949, and the customary laws of belligerent occupation. 

  Military occupation occurs when a belligerent state invades the territory of another state with the intention of holding the territory at least temporarily. While hostilities continue, the occupying state is prohibited by International Law from annexing the territory or creating another state out of it, but the occupying state may establish some form of military administration over the territory and the population. 

The International Law, Israel, and Palestine

THE INTERNATIONAL LAWS OF BILLIGERENT OCCUPATION

 by Professor Francis Boyle, Professor of International Law, University of Illinois 


Belligerent occupation is governed by The Hague Regulations of 1907, as well as by the Fourth Geneva Convention of 1949, and the customary laws of belligerent occupation. Security Council Resolution 1322 (2000), paragraph 3 continued: “Calls upon Israel, the occupying Power, to abide scrupulously by its legal obligations and its responsibilities under the Fourth Geneva Convention relative to the Protection of Civilian Persons in a Time of War of 12 August 1949;...” Again, the Security Council vote was 14 to 0, becoming obligatory international law. 

 

The Fourth Geneva Convention applies to the West Bank, to the Gaza Strip, and to the entire City of Jerusalem, in order to protect the Palestinians living there. The Palestinian People living in this Palestinian Land are “protected persons” within the meaning of the Fourth Geneva Convention. All of their rights are sacred under international law. 

 

There are 149 substantive articles of the Fourth Geneva Convention that protect the rights of every one of these Palestinians living in occupied Palestine. The Israeli Government is currently violating, and has since 1967 been violating, almost each and every one of these sacred rights of the Palestinian People recognized by the Fourth Geneva Convention. Indeed, violations of the Fourth Geneva Convention are war crimes. 

 

So this is not a symmetrical situation. As matters of fact and of law, the gross and repeated violations of Palestinian rights by the Israeli army and Israeli settlers living illegally in occupied Palestine constitute war crimes. Conversely, the Palestinian People are defending themselves and their Land and their Homes against Israeli war crimes and Israeli war criminals, both military and civilian. 

The U.N. Human Rights Commission

 Indeed, it is far more serious than that. On 19 October 2000 a Special Session of the U.N. Commission on Human Rights adopted a Resolution set forth in U.N. Document E/CN.4/S-5/L.2/Rev. 1, “Condemning the provocative visit to al Aqsa Haram Sharif on 28 September 2000 by Ariel Sharon, the Likud party leader, which triggered the tragic events that followed in occupied East Jerusalem and the other occupied Palestinian territories, resulting in a high number of deaths and injuries among Palestinian civilians.” The U.N. Human Rights Commission then said it was “[g]ravely concerned” about several different types of atrocities inflicted by Israel upon the Palestinian People, which it denominated “war crimes, flagrant violations of international humanitarian law and crimes against humanity.” 

 

In operative paragraph 1 of its 19 October 2000 Resolution, the U.N. Human Rights Commission then: “Strongly condemns the disproportionate and indiscriminate use of force in violation of international humanitarian law by the Israeli occupying Power against innocent and unarmed Palestinian civilians...including many children, in the occupied territories, which constitutes a war crime and a crime against humanity;...” And in paragraph 5 of its 19 October 2000 Resolution, the U.N. Human Rights Commission: “Also affirms that the deliberate and systematic killing of civilians and children by the Israeli occupying authorities constitutes a flagrant and grave violation of the right to life and also constitutes a crime against humanity;...” Article 68 of the United Nations Charter had expressly required the U.N.’s Economic and Social Council to “set up” this Commission “for the promotion of human rights.” 

Israel’s War Crimes against Palestinians

 We all have a general idea of what a war crime is, so I am not going to elaborate upon that term here. But there are different degrees of heinousness for war crimes. In particular are the more serious war crimes denominated “grave breaches” of the Fourth Geneva Convention. Since the start of the Al Aqsa Intifada, the world has seen those inflicted every day by Israel against the Palestinian People living in occupied Palestine: e.g., wilful killing of Palestinian civilians by the Israeli army and Israel’s illegal paramilitary settlers. These Israeli “grave breaches” of the Fourth Geneva Convention mandate universal prosecution for their perpetrators, whether military or civilian, as well as prosecution for their commanders, whether military or civilian, including Israel’s political leaders. 

 

The paradigmatic example of a “crime against humanity” is what Hitler and the Nazis did to the Jewish People. This is where the concept of crime against humanity came from. And this is what the U.N. Human Rights Commission determined that Israel is currently doing to the Palestinian People: Crimes against humanity. Legally, just like what Hitler and the Nazis did to the Jews. 

The Precursor to Genocide

 Moreover, a crime against humanity is the direct historical and legal precursor to the international crime of genocide as defined by the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The theory here was that what Hitler and the Nazis did to the Jewish People required a special international treaty that would codify and universalise the Nuremberg concept of “crime against humanity.” And that treaty ultimately became the 1948 Genocide Convention.In fairness, you will note that the U.N. Human Rights Commission did not go so far as to condemn Israel for committing genocide against the Palestinian People. But it has condemned Israel for committing crimes against humanity, which is the direct precursor to genocide. And I submit that if something is not done quite soon by the American People and the International Community to stop Israeli war crimes and crimes against humanity against the Palestinian People, it could very well degenerate into genocide, if Israel is not there already. And in this regard, Israeli Prime Minister Ariel Sharon is what international lawyers call a genocidaire—one who has already committed genocide in the past. 

 Francis A. Boyle is a professor of international law at the University of Chicago and a Defence Lawyer at the International Court of Justice. He received his Master’s Degree and PhD in Political Science, as well as his Doctor of Law from Harvard University. He is the author of numerous books including, The Future of International Law and American Foreign Policy, World Politics and International Law, Defending Civil Resistance Under International Law, and Palestine, Palestinians, and International Law. 

International Law & Israel

International Law and Israel/Palestine

 Many aspects of Israeli treatment of Palestinians violate international law; in particular the Israeli occupation of the West Bank and Gaza entails numerous violations of the Fourth Geneva Convention which addresses the treatment and protection of civilians in times of war and conflict. 

 

In 1999, the Conference of High Contracting Parties to the Fourth Geneva Convention reaffirmed that the Fourth Geneva Convention applies to the Occupied Palestinian Territory, including East Jerusalem. Palestinians fall under the definition of “protected persons,” defined in Article 4 of the Fourth Geneva Convention: “Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.” 

 

Following is a brief, non-comprehensive review of the application of the Fourth Geneva Convention and other instruments of international law to some key issues in Israel/Palestine. Information for this article is derived from “Faith Under Occupation,” a publication by the World Council of Churches, the AFSC publication “Life Under Occupation,” and other sources. 






Regarding Land Confiscation

 UN Security Council Resolution 242 (22 November 1967) calls upon Israel to withdraw its forces from land that it claimed during the 1967 war (the West Bank including East Jerusalem, the Gaza Strip, the Golan Heights & the Sinai Peninsula), and the inadmissibility of acquisition of land by force.

According to Article 46, Hague Convention II, an occupying power cannot confiscate private property.

“Grave breaches…shall be…extensive destruction and appropriation of property which are not justified by military necessity and carried out unlawfully and wantonly.”
Geneva Convention IV, Article 147 

Regarding Settlements

 “The occupying power shall not deport or transfer members of its own civilian population into the territory it occupies.”
Geneva Convention IV, Article 49

This means that colonization of occupied territory is prohibited. The occupying power cannot confiscate land in the occupied territory for the sole purpose of establishing settlements for its nationals.

In several resolutions, the UN Security Council has reminded Israel of this and described its settlement enterprise as a flagrant violation of international law. 

Regarding Home Demolitions

 Geneva Convention IV, Article 53 prohibits an occupying power from destroying any property unless it is absolutely necessary for military operations.

“Grave breaches…shall be…extensive destruction and appropriation of property which are not justified by military necessity and carried out unlawfully and wantonly.”
Geneva Convention IV, Article 147

Objects that are essential for the survival of the population (e.g. water cisterns and sewage systems) should not be attacked, destroyed, removed, or be rendered useless.
Additional Protocol I to Geneva Convention IV, Article 54 

Regarding Forced Displacement

 “Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.”
Geneva Convention IV, Article 49 

Regarding Palestinian Refugees

 UN Resolution 194, Article 11 (11 December 1948) resolves that the refugees wishing to return to their homes and live in peace with their neighbors should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible;

Geneva Convention IV, Article 49 prohibits individual or mass forcible transfers from an occupied territory to any other territory, occupied or not. Deportations outside the occupied territory and transfers within the occupied territory are identified as grave breaches.

“Everyone has the right to leave any country including his own and to return to his country.”
Universal Declaration of Human Rights, Article 13 

Regarding Water and Sanitation

 “Access to safe water is a fundamental human need and therefore a basic human right.”
Kofi Annan, United Nations Secretary General


On 2010, the UN Human Rights Council recognized the right to water and sanitation as human rights, as they are indispensable for the full enjoyment of the right to life, the right to health and the right to dignity. Under international humanitarian law, an occupying power is responsible for the welfare of the civilian population and must ensure that civilians are provided with or allowed to secure the basic needs and objects indispensable for their survival including food, water, medical supplies and shelter. Under the fourth Geneva Convention, Israel must ensure Palestinians’ access to drinking water, water for personal hygiene and sanitation (Articles 55 and 56, Geneva Convention IV).


Under international human rights and humanitarian law (HL), the occupied people have the right to their own natural resources. Under IHL, water, as a natural resource, is protected and should be preserved. Although the occupying power may use natural resources and enjoy its fruits (Article 55, Hague Convention II), the use and the extraction of water resource in an occupied territory may not be excessive, abusive, wasteful or neglectful. The occupying power should never damage or diminish the property itself. It may use natural resources as long as it is not detrimental to their capital and must not over exploit the resources. Furthermore, any use of water by the occupying power must be to cover the expenses of the occupation and/or for the benefit of the local population (which does not include settlers). It is prohibited to use the natural resources from an occupied territory for the enrichment of the occupying power and/or citizens and companies. Discrimination in the allocation of water resources is prohibited. 

Regarding Food and Medical Care

 To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate.
Geneva Convention IV, Article 55 

Regarding Humaitarian Aid

 If the whole or part of the population of an occupied territory is inadequately supplied, the Occupying Power shall agree to relief schemes on behalf of said population, and shall facilitate them by all the means at its disposal…All Contracting Parties shall permit the free passage of these consignments and guarantee their protection.
Geneva Convention IV, Article 59 

Regarding Collective Punishment

 “No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.”
Geneva Convention IV, Article 33 

Regarding Jerusalem

 UN Security Council Resolution 252 “declares invalid” Israel’s acts to unify Jerusalem as a Jewish capital, and UN Resolution 476  “reiterates” that Israel’s claims to East Jerusalem are “null and void.

”The 2004 International Court of Justice Advisory Opinion on the Separation Wall reaffirms that legislative and administrative measures taken by Israel as the occupying power that have changed the status of Jerusalem are not valid since they violate international law.

According to international law, East Jerusalem is occupied territory. Land cannot be acquired by means of annexation, as the annexation by use of force is contrary to international law: Article 2(4), UN Charter.


See more on this subject in The Status of Jerusalem in International Law from the NAD. 

Regarding Family Reunification

 The family unit is protected in Article 46, Hague Convention II and Article 27, Geneva Convention IV. Civilians are at all times entitled to respect for their persons, honour, family rights, religious convictions, and manners and customs. “The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children.”


International Covenant on Economic, Social and Cultural Rights, Article 10 (ratified by Israel in 1991).Impediments of family reunification also violate the prohibition against forced transfer in Article 49, Geneva Convention IV, as it forces protected people outside the occupied territory. 

Regarding The Separation Barrier

 


The International Court of Justice (ICJ) Ruling: (9 July 2004) issued an ‘Advisory Opinion’ stating that the wall built on West Bank land including East Jerusalem, is illegal. The Advisory opinion called for construction of it to be stopped immediately, due to its route which runs deep into the West Bank and East-Jerusalem. The Court related to the construction of the barrier as a policy as a policy that contributes to displacement, impeded the Palestinian right to self-determination and is “tantamount to annexation”, which is forbidden under international law.


Adding that the West Bank wall violates Palestinians’ right to freedom of movement as well as other human rights (rights to health, education, work, etc.), the court concluded that: “Israel is under an obligation to immediately terminate its breaches of international law; to cease the works of construction of the wall being built in the oPt including in and around East Jerusalem; to dismantle the structure placed; and to make reparation for all damages caused by the wall.” 

Regarding Movement and Access

 The right to freedom of movement provides that people are entitled to move freely within the borders of the state, to leave any country and to return to their country. 


Universal Declaration of Human Rights, Article 13 and International Covenant on Civil and Political Rights, Article 12

Movement is a prerequisite for accessing basic needs such as healthcare, education and government institutions; work places; maintaining social, cultural and family connections etc. Restrictions imposed by the Israeli government impact most aspects of Palestinian life and violate many of their basic rights and benefits under international law, such as the right to access medical services (Article 16 and 56 Geneva Convention IV), religious institutions (Article 27, Geneva Convention IV; Article 46 Hague Convention II), family members (Article 26 and 27, Geneva Convention IV; Article 46 Hague Convention II) and educational institutions (Article 50, Geneva Convention IV). 

Regarding Freedom of Worship

 Israel has ratified the International Covenant on Civil and Political Rights of 1966, which provides that “Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.


”Movement restrictions that impede access to religious institutions -and are not necessary for the maintenance of public order – infringe on the rights of the Palestinian population to freedom of religion and worship, according to Article 46, Hague Convention II; Article 58, Geneva Convention IV, and Article 75, Additional Protocol I to Geneva Convention IV. 

Regarding Respectful and Humane Treatment

 “Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.”
Geneva Convention IV, Article 27 


Regarding Employment and Standard of Living

 “Protected persons who, as a result of the war, have lost their gainful employment, shall be granted the opportunity to find paid employment…Where a Party to the conflict applies to a protected person methods of control which result in his being unable to support himself, and especially if such a person is prevented for reasons of security from finding paid employment on reasonable conditions, the said Party shall ensure his support and that of his dependents.”
Geneva Convention IV, Article 39 

INTERNATIONAL LAW VIOLATIONS BY THE STATE OF ISRAEL

 The state of Israel has violated many international laws, including United Nations Resolutions and the Laws of War and Occupation as stated in the Fourth Geneva Convention. Below is link to a summary of some of those violations. Much of the fact sheet was taken from the Israeli Law Resource Center (ILRC). 

http://itisapartheid.org/Documents_pdf_etc/IsraelViolationsInternationalLaw.pdf


 

Aside from the core issues—refugees, Jerusalem, borders—the major themes reflected in the U.N. resolutions against Israel over the years are its unlawful attacks on its neighbors; its violations of the human rights of the Palestinians, including deportations, demolitions of homes and other collective punishments; its confiscation of Palestinian land; its establishment of illegal settlements; and its refusal to abide by the U.N. Charter and the 1949 Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War.- Donald Neff 




UN Resolutions Against Israel, 1955-2013

  1. Resolution 106: "...‘condemns’ Israel for Gaza raid"
  2. Resolution 111: "...‘condemns’ Israel for raid on Syria that killed fifty-six people"
  3. Resolution 127: "...‘recommends’ Israel suspend its ‘no-man’s zone’ in Jerusalem"
  4. Resolution 162: "...‘urges’ Israel to comply with UN decisions"
  5. Resolution 171: "...determines flagrant violations’ by Israel in its attack on Syria"
  6. Resolution 228: "...‘censures’ Israel for its attack on Samu in the West Bank, then under Jordanian control"
  7. Resolution 237: "...‘urges’ Israel to allow return of new 1967 Palestinian refugees"
  8. Resolution 248: "...‘condemns’ Israel for its massive attack on Karameh in Jordan"
  9. Resolution 250: "...‘calls on’ Israel to refrain from holding military parade in Jerusalem"
  10. Resolution 251: "...‘deeply deplores’ Israeli military parade in Jerusalem in defiance of Resolution 250"
  11. Resolution 252: "...‘declares invalid’ Israel’s acts to unify Jerusalem as Jewish capital"
  12. Resolution 256: "...‘condemns’ Israeli raids on Jordan as ‘flagrant violation"
  13. Resolution 259: "...‘deplores’ Israel’s refusal to accept UN mission to probe occupation"
  14. Resolution 262: "...‘condemns’ Israel for attack on Beirut airport"
  15. Resolution 265: "...‘condemns’ Israel for air attacks for Salt in Jordan"
  16. Resolution 267: "...‘censures’ Israel for administrative acts to change the status of Jerusalem"
  17. Resolution 270: "...‘condemns’ Israel for air attacks on villages in southern Lebanon"
  18. Resolution 271: "...‘condemns’ Israel’s failure to obey UN resolutions on Jerusalem"
  19. Resolution 279: "...‘demands’ withdrawal of Israeli forces from Lebanon"
  20. Resolution 280: "....‘condemns’ Israeli’s attacks against Lebanon"
  21. Resolution 285: "...‘demands’ immediate Israeli withdrawal form Lebanon"
  22. Resolution 298: "...‘deplores’ Israel’s changing of the status of Jerusalem"
  23. Resolution 313: "...‘demands’ that Israel stop attacks against Lebanon"
  24. Resolution 316: "...‘condemns’ Israel for repeated attacks on Lebanon"
  25. Resolution 317: "...‘deplores’ Israel’s refusal to release Arabs abducted in Lebanon"
  26. Resolution 332: "...‘condemns’ Israel’s repeated attacks against Lebanon"
  27. Resolution 337: "...‘condemns’ Israel for violating Lebanon’s sovereignty"
  28. Resolution 347: "...‘condemns’ Israeli attacks on Lebanon"
  29. Resolution 425: "...‘calls on’ Israel to withdraw its forces from Lebanon"
  30. Resolution 427: "...‘calls on’ Israel to complete its withdrawal from Lebanon’
  31. Resolution 444: "...‘deplores’ Israel’s lack of cooperation with UN peacekeeping forces"
  32. Resolution 446: "...‘determines’ that Israeli settlements are a ‘serious obstruction’ to peace and calls on Israel to abide by the Fourth Geneva Convention"
  33. Resolution 450: "...‘calls on’ Israel to stop attacking Lebanon"
  34. Resolution 452: "...‘calls on’ Israel to cease building settlements in occupied territories"
  35. Resolution 465: "...‘deplores’ Israel’s settlements and asks all member states not to assist Israel’s settlements program"
  36. Resolution 467: "...‘strongly deplores’ Israel’s military intervention in Lebanon"
  37. Resolution 468: "...‘calls on’ Israel to rescind illegal expulsions of two Palestinian mayors and a judge and to facilitate their return"
  38. Resolution 469: "...‘strongly deplores’ Israel’s failure to observe the council’s order not to deport Palestinians"
  39. Resolution 471: "...‘expresses deep concern’ at Israel’s failure to abide by the Fourth Geneva Convention"
  40. Resolution 476: "...‘reiterates’ that Israel’s claims to Jerusalem are ‘null and void’
  41. Resolution 478: "...‘censures (Israel) in the strongest terms’ for its claim to Jerusalem in its ‘Basic Law’
  42. Resolution 484: "...‘declares it imperative’ that Israel re-admit two deported Palestinian mayors"
  43. Resolution 487: "...‘strongly condemns’ Israel for its attack on Iraq’s nuclear facility"
  44. Resolution 497: "...‘decides’ that Israel’s annexation of Syria’s Golan Heights is ‘null and void’ and demands that Israel rescind its decision forthwith"
  45. Resolution 498: "...‘calls on’ Israel to withdraw from Lebanon"
  46. Resolution 501: "...‘calls on’ Israel to stop attacks against Lebanon and withdraw its troops"
  47. Resolution 509: "...‘demands’ that Israel withdraw its forces forthwith and unconditionally from Lebanon"
  48. Resolution 515: "...‘demands’ that Israel lift its siege of Beirut and allow food supplies to be brought in"
  49. Resolution 517: "...‘censures’ Israel for failing to obey UN resolutions and demands that Israel withdraw its forces from Lebanon"
  50. Resolution 518: "...‘demands’ that Israel cooperate fully with UN forces in Lebanon"
  51. Resolution 520: "...‘condemns’ Israel’s attack into West Beirut"
  52. Resolution 573: "...‘condemns’ Israel ‘vigorously’ for bombing Tunisia in attack on PLO headquarters
  53. Resolution 587: "...‘takes note’ of previous calls on Israel to withdraw its forces from Lebanon and urges all parties to withdraw"
  54. Resolution 592: "...‘strongly deplores’ the killing of Palestinian students at Bir Zeit University by Israeli troops"
  55. Resolution 605: "...‘strongly deplores’ Israel’s policies and practices denying the human rights of Palestinians
  56. Resolution 607: "...‘calls on’ Israel not to deport Palestinians and strongly requests it to abide by the Fourth Geneva Convention
  57. Resolution 608: "...‘deeply regrets’ that Israel has defied the United Nations and deported Palestinian civilians"
  58. Resolution 636: "...‘deeply regrets’ Israeli deportation of Palestinian civilians
  59. Resolution 641: "...‘deplores’ Israel’s continuing deportation of Palestinians
  60. Resolution 672: "...‘condemns’ Israel for violence against Palestinians at the Haram al-Sharif/Temple Mount
  61. Resolution 673: "...‘deplores’ Israel’s refusal to cooperate with the United Nations
  62. Resolution 681: "...‘deplores’ Israel’s resumption of the deportation of Palestinians
  63. Resolution 694: "...‘deplores’ Israel’s deportation of Palestinians and calls on it to ensure their safe and immediate return
  64. Resolution 726: "...‘strongly condemns’ Israel’s deportation of Palestinians
  65. Resolution 799: "...‘strongly condemns’ Israel’s deportation of 413 Palestinians and calls for their immediate return
  66. Resolution 904: "...‘strongly condemns’ the massacre in Hebron and its aftermath which took the lives of more than 50 Palestinian civilians and injured several hundred others"
  67. Resolution 1073: "...‘calls for’ the immediate cessation and reversal of all acts which have resulted in the aggravation of the situation, ‘calls for‘ the safety and protection of Palestinian civilians to be ensured"
  68. Resolution 1322: "...‘condemns’ acts of violence, especially the excessive use of force against Palestinians, resulting in injury and loss of human life"
  69. Resolution 1402: "...‘calls upon’ both parties to move immediately to a meaningful ceasefire; calls for the withdrawal of Israeli troops from Palestinian cities, including Ramallah"
  70. Resolution 1403: "...‘demands’ the implementation of its resolution 1402 (2002) without delay"
  71. Resolution 1405: "...‘emphasizes’ the urgency of access of medical and humanitarian organizations to the Palestinian civilian population"
  72. Resolution 1435: "...‘demands’ that Israel immediately cease measures in and around Ramallah including the destruction of Palestinian civilian and security infrastructure"
  73. Resolution 1544: "...‘calls on’ Israel to respect its obligations under international humanitarian law, and insists, in particular, on its obligation not to undertake demolition of homes contrary to that law"
  74. Resolution 1860: "...‘calls for’ an immediate, durable and fully respected ceasefire, leading to the full withdrawal of Israeli forces from Gaza; ‘calls for‘ the unimpeded provision and distribution throughout Gaza of humanitarian assistance, including of food, fuel and medical treatment"
  75. Resolution 1937: "...‘urges’ the Government of Israel to expedite the withdrawal of its army from northern Ghajar without further delay"
  76. Resolution 2004: "...‘urges’ the Government of Israel to expedite the withdrawal of its army from northern Ghajar without further delay"
  77. Resolution 2064: "...‘urges’ the Government of Israel to expedite the withdrawal of its army from northern Ghajar without further delay"

UN Resolutions Against the Palestinians, 1955-2013

  1. Resolution 1435: "...‘calls on’ the Palestinian Authority to meet its expressed commitment to ensure that those responsible for terrorist acts are brought to justice by it"

 

Source: United Nations Security Council resolutions passed from 1955 through 1992 were detailed in Former Congressman Paul Findley’s book Deliberate Deceptions (1998, pages 192-4). Resolutions passed from 1993-2013 were accessed at UN.org. 

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International Law

 The most consistent and universal demand among advocates for justice in Israel/Palestine is that Israel should comply with international law. Therefore, to be effective, advocates will need some familiarity with international law and how it applies to issues in Israel/Palestine.


What is international law? 


The modern history of international law begins in the 19th century, when the world community initiated treaties among many participating nations that set standards for acceptable behavior in times of war and other aspects of international relations. International law is usually understood to apply to relations between nations, rather than to private citizens or the laws that govern those citizens. However, some treaties, such as the Geneva Conventions, require that national laws conform to its regulations.


Much of international law is consent-based: a state is not obliged to obey the law in question, unless it has so consented. But some aspects of international law are considered to be binding on all states, such as “customary international law” and “peremptory norms.” The latter is also called “jus cogens,” (Latin for “compelling law”) and refers to fundamental principles of law that all states are expected and obliged to uphold. 

Instruments of International Law 

 

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