Israel's Actions: International Law Violation Or Self-Defense?

Israel's settlement policy in the West Bank, including East Jerusalem, is considered a violation of international law by the international community. The United Nations Security Council, the United Nations General Assembly, the International Committee of the Red Cross, the International Court of Justice, and the High Contracting Parties to the Convention have all affirmed that the Fourth Geneva Convention applies to the Israeli-occupied territories.

The Fourth Geneva Convention, which governs the rules of war and occupation, prohibits the transfer of an occupying power's civilian population into the territory it occupies. Israel's policy of settling its civilians in occupied Palestinian territory and displacing the local population is, therefore, in contravention of international humanitarian law.

The establishment of settlements has also been described as a war crime according to the Rome Statute, and is currently under investigation by the International Criminal Court.

While Israel disputes the illegality of its settlements, claiming that the territory is not occupied and that the Fourth Geneva Convention does not apply, these arguments have been refuted by rulings from the International Court of Justice and the Supreme Court of Israel.

Israel's settlements in the West Bank and Gaza Strip

The establishment of Israeli settlements in the West Bank and Gaza Strip has been widely condemned by the international community and the United Nations. The United Nations General Assembly and Security Council have determined that the settlements "constitute a serious obstruction to efforts aimed at achieving a just and lasting peace in the Middle East."

The settlements are considered illegal under international law, with the Fourth Geneva Convention stating that the "Occupying Power shall not deport or transfer parts of its civilian population into the territory it occupies." The Convention also prohibits the "individual or mass forcible transfers" of the protected persons from occupied territory.

The establishment of settlements in the occupied territories began immediately after the 1967 war. The first settlement was Kfar Etzion, in the southern West Bank, although that location was outside the Allon Plan, which became the basis for Israeli settlement in the West Bank. The Allon Plan implied Israeli annexation of major parts of the Israeli-occupied territories, especially East Jerusalem, Gush Etzion, and the Jordan Valley.

The Israeli government has encouraged and contributed to the policy of settlements, seeing the West Bank and Gaza as part of the natural boundaries of the Jewish homeland. The settlements are populated by Israeli citizens, almost exclusively of Jewish identity or ethnicity, and are often protected by the Israeli military. The presence of settlements and Jewish-only bypass roads creates a fragmented Palestinian territory, seriously hindering economic development and freedom of movement for Palestinians.

The settlements often involve the confiscation of Palestinian land and resources, leading to the displacement of Palestinian communities and creating a source of tension and conflict. The International Court of Justice (ICJ) found in an advisory opinion that Israel's occupation was illegal and ruled that Israel had "an obligation to cease immediately all new settlement activities and to evacuate all settlers" from the occupied territories.

The expansion of settlements has continued in recent years, with the Israeli government announcing plans for thousands of new homes in existing settlements and the establishment of new settlements in the occupied West Bank. This has been met with widespread criticism and condemnation from the international community, including the United Nations, the European Union, and individual states such as the United States, the United Kingdom, and France.

The settlements have been a source of tension and are considered a major obstacle to the Israeli-Palestinian peace process. The presence and ongoing expansion of settlements by Israel, as well as the construction of outposts, are frequently criticized as an obstacle to peace by the Palestine Liberation Organization (PLO) and third parties.

The impact of the settlements extends beyond the political realm, with Amnesty International arguing that Israel's settlement policy is discriminatory and a violation of Palestinian human rights. The settlements have disrupted daily life in the Occupied Palestinian Territories, affecting various aspects such as travel, education, healthcare, and access to resources like water and electricity.

The establishment of settlements has also resulted in the displacement of entire Palestinian communities, with homes and livelihoods destroyed and restrictions enforced on their movement, access to water, land, and natural resources. The settlements have also been associated with violent attacks on Palestinian civilians by Israeli military and settlers.

The very existence of settlements in the Occupied Palestinian Territories violates international humanitarian law and is considered a war crime. Despite multiple UN resolutions and widespread international condemnation, Israel has continued its settlement activities and support for the settlers.

Israel's alleged war crimes

Israel has been accused of committing war crimes and breaking international law during its conflict with Hamas. The United Nations is collecting evidence of war crimes committed by all sides in the conflict, with a focus on the indiscriminate killing of civilians, including children, and the abduction of civilians as hostages and human shields.

Israel's settlement policy in the Occupied Palestinian Territories (OPT) has been described by legal experts as a war crime according to the Rome Statute of the International Criminal Court (ICC). The establishment of settlements violates Article 49 of the Fourth Geneva Convention, which states that "the occupying power shall not deport or transfer parts of its own civilian population into the territory it occupies." The extensive appropriation of land and property required to build and expand settlements also breaches other rules of international humanitarian law, such as the Hague Regulations of 1907, which state that the occupying power has a duty to ensure the protection, security, and welfare of the people living under occupation.

The Israeli military's blockade of food, water, fuel, and electricity to Gaza, as well as the instruction for hundreds of thousands of people to leave their homes, has been described as collective punishment and a violation of international humanitarian law by the United Nations, the International Committee of the Red Cross, and Amnesty International. Human Rights Watch has also accused Israel of using munitions containing white phosphorus in densely populated areas, which has been widely condemned.

In addition to violations of international humanitarian law, Israel has also been accused of violating human rights law in the OPT. This includes violations of the right to life, liberty, security, equal treatment before the law, access to an effective remedy, freedom of expression and peaceful assembly, freedom of movement, adequate housing, education, and the right to earn a decent living through work.

The international community, including the United Nations, the European Union, and individual countries such as the United Kingdom, have long recognized that Israeli settlements are illegal under international law and constitute an obstacle to peace. Despite this, Israel disputes the illegality of its settlements and claims that its citizens were not deported or transferred to the territories.

Israel's collective punishment in the Gaza siege

Israel's collective punishment of Palestinians has been deemed illegal by the UN, with experts calling for an immediate end to the practices that harm millions of innocent people daily and only serve to increase tensions and the potential for further violence. This includes the ongoing 13-year closure of Gaza, which has resulted in a collapsed economy, devastated infrastructure, and a barely functioning social service system.

The UN Special Rapporteur on the situation of human rights in the Palestinian Territory, Michael Lynk, stated that Israel's strategy to control the Palestinian population violates a foundational rule of modern legal systems: only the guilty can be punished for their acts, and only after a fair process. He further emphasised that the innocent can never be punished for the deeds of others.

The impact of Israel's collective punishment policy is evident in the closure of Gaza, which has caused immense suffering to its two million inhabitants. This constitutes a clear violation of international humanitarian law, specifically Article 33 of the Fourth Geneva Convention, which prohibits collective punishment without exception.

Additionally, Israel has been criticised for its continued policy of punitively demolishing Palestinian homes. Since 1967, Israel has destroyed over 2,000 Palestinian homes, punishing families for the acts of some of their members, despite not being involved themselves. This practice is a violation of Article 53 of the Fourth Geneva Convention.

The punitive measures taken by Israeli authorities, such as the sealing and demolition of family homes in the occupied West Bank, have been labelled as collective punishment and a war crime by Human Rights Watch. These actions come amid a surge in violence that has resulted in the deaths of 35 Palestinians and 6 Israelis since January 1, 2023. The violence includes unlawful Israeli army raids on Palestinian cities and refugee camps, as well as attacks on Palestinians and their property by Israeli settlers, who rarely face punishment.

The Israeli army, however, maintains that it follows international law and only strikes legitimate military targets in its efforts to root out militants embedded among the civilian population.

Israel's alleged violation of human rights

Israel has been accused of violating international law and human rights in its conflict with Palestine. The United Nations is collecting evidence of war crimes by all sides. This response will detail Israel's alleged violation of human rights, focusing on the treatment of Palestinians in the Occupied Palestinian Territory (OPT) and in Israel.

Alleged Violations in the OPT

Israel has been accused of violating human rights in the OPT, particularly in the West Bank, East Jerusalem, and the Gaza Strip. The Israeli government has been accused of pursuing policies that discriminate against Palestinians and repress them. These policies include:

• Restricting the movement of Palestinians, including through the use of checkpoints, roadblocks, and barriers.
• Confiscating Palestinian land and property, including through the use of military orders and laws that allow for the seizure of land deemed to be "state land".
• Denying residency rights to Palestinians, including through the revocation of residency status and the effective freeze on family reunification applications.
• Suspending basic civil rights, such as freedom of assembly and association, and imposing bans on anti-war protests in Palestinian communities.
• Using excessive force and arbitrary arrests during demonstrations, particularly against anti-government protesters.
• Discriminating against LGBTI individuals, including through laws and practices that restrict their rights.
• Committing other abuses, such as torture and ill-treatment of detainees, and restricting access to adequate housing, education, and healthcare.

Alleged Violations in Israel

In addition to the violations alleged in the OPT, Israel has also been accused of violating the human rights of its Palestinian citizens. These violations include:

• Restricting the rights of Palestinian citizens, including through discriminatory citizenship and residency laws and practices.
• Confiscating land and property from Palestinian citizens, particularly in the Negev region.
• Denying residency rights to Palestinian refugees and their descendants, effectively barring them from returning to Israel or the OPT.
• Imposing discriminatory restrictions on Palestinian spouses from the OPT, effectively barring them from living with their Israeli spouses in Israel or the OPT.
• Committing other abuses, such as torture and ill-treatment of detainees, and restricting access to adequate housing, education, and healthcare.

The allegations of human rights violations by Israel are serious and widespread. They include violations of the rights to freedom of movement, liberty, security of person, equality before the law, freedom of expression, peaceful assembly, and freedom from torture and ill-treatment. These violations have a significant impact on the lives of Palestinians, both in the OPT and in Israel.

Israel's alleged violation of international humanitarian law

Violation of International Humanitarian Law

Israel's settlement policy in the occupied West Bank, including East Jerusalem, and the Syrian Golan Heights, has been widely condemned as a violation of international humanitarian law. The Fourth Geneva Convention, specifically Article 49, prohibits the transfer of an occupying power's civilian population into the occupied territory. Israel's establishment of settlements in these areas is seen as a breach of this convention and has been declared illegal by the International Court of Justice (ICJ) and the United Nations Security Council. The ICJ's 2024 ruling reaffirmed the illegality of the settlements and called on Israel to end its occupation and cease settlement activities.

Displacement of Local Population

Israel's settlement policy has resulted in the displacement of the local Palestinian population, which is another violation of international humanitarian law. By transferring its civilian population into the occupied territories, Israel has forcibly removed Palestinians from their homes and land, contravening the fundamental principles of international law. This includes the destruction of Palestinian homes and the appropriation of land to build and expand settlements.

Violation of Human Rights

In addition to violating international humanitarian law, Israel's settlement policy has also led to mass human rights violations. These include violations of the right to life, liberty, security, equal treatment before the law, access to an effective remedy, freedom of expression, peaceful assembly, equality, and non-discrimination. Israel's military occupation and settlement expansion have resulted in the killing and injury of Palestinian civilians, arbitrary detention, restrictions on freedom of movement, and the denial of basic needs such as adequate housing, education, and healthcare.

Collective Punishment

The United Nations and human rights organizations have accused Israel of collective punishment in its siege of the Gaza Strip. By blocking deliveries of food, water, fuel, and electricity, and instructing hundreds of thousands of people to leave their homes, Israel has violated international humanitarian law, according to the International Committee of the Red Cross. This has had a severe impact on the lives of Gaza's 2 million residents.

Use of Illegal Weapons

Human Rights Watch has accused Israel of using munitions containing white phosphorus in densely populated areas of Gaza. While white phosphorus is not banned, its use in populated areas has been widely condemned. Israel's military has denied using white phosphorus as a weapon in Gaza.

In conclusion, Israel's actions in the occupied Palestinian territories, including settlement expansion, displacement of the local population, violations of human rights, collective punishment, and the alleged use of illegal weapons, have led to allegations of violating international humanitarian law. These allegations have been supported by various international organizations and legal experts, with ongoing investigations by the International Criminal Court.

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