Israel's Legal Conundrum: International Law Violations?

Israel's presence in the occupied Palestinian territories of the West Bank and the Gaza Strip, as well as in the Syrian Golan Heights, is considered illegal under international law. The country's settlements in these areas are in violation of Article 49 of the Fourth Geneva Convention, and in breach of international declarations.

In 2024, the International Court of Justice (ICJ) ruled that Israel's occupation of the Palestinian territories, including East Jerusalem, is unlawful, along with the associated settlement regime, annexation, and use of natural resources. The ICJ also mandated Israel to end its occupation, dismantle its settlements, provide reparations, and facilitate the return of displaced people.

The United Nations Security Council, the United Nations General Assembly, the International Committee of the Red Cross, the High Contracting Parties to the Convention, and several other international bodies have affirmed that the Fourth Geneva Convention applies to the Israeli-occupied territories. Numerous UN resolutions, including UN Security Council resolutions 446 in 1979, 478 in 1980, and 2334 in 2016, have declared Israeli settlements to be a violation of international law.

Despite these rulings and resolutions, Israel disputes the illegality of its settlements and continues to maintain its presence in the occupied territories. This situation has led to ongoing tensions and conflicts in the region, with widespread consequences for both Palestinians and Israelis.

Israeli settlements in the West Bank and Gaza Strip

Israeli settlements are civilian communities built by Israel in territories it has occupied since the 1967 Six-Day War. Settlements are populated by Israeli citizens, almost exclusively of Jewish identity or ethnicity, and are considered illegal under international law by the international community, including the United Nations. However, Israel disputes this, claiming that the Fourth Geneva Convention, which prohibits the transfer of an occupying power's civilian population into occupied territory, does not apply to the West Bank.

History of Israeli Settlements in the West Bank and Gaza Strip

The first Israeli settlement was Kfar Etzion, in the southern West Bank, established in September 1967. The establishment of settlements in the occupied territories started immediately after the 1967 war, with the first official support for settlement construction coming in June 1967. From 1967 to 1970, the Israeli government's settlement priorities were the southern part of the Golan Heights and the north side of East Jerusalem.

The construction of settlements continued at an increased rate after the Likud Government came to power in 1977. The Likud government was more supportive of settlement in other parts of the West Bank and intensified settlement activities. The "Drobles Plan", a plan for large-scale settlement in the West Bank, became the framework for the government's policy.

Legal Status of Israeli Settlements in the West Bank and Gaza Strip

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. Numerous UN resolutions and prevailing international opinion hold that Israeli settlements are a violation of international law.

The Israeli government's essential position is that the West Bank is "disputed territory" rather than "occupied territory," arguing that there has never been a Palestinian sovereignty in that territory. Israel also argues that the settlements are not a transfer of its civilian population but a voluntary movement of Israeli Jewish people.

The international community has rejected Israel's unwillingness to accept the applicability of the Geneva Conventions to the territories it occupies. The Supreme Court of Israel has repeatedly ruled that Israel's presence in the West Bank is in violation of international law.

Impact of Israeli Settlements in the West Bank and Gaza Strip

Israeli settlements have been a source of tension and conflict, leading to the displacement of Palestinian communities and hindering economic development and freedom of movement for Palestinians. Settlements are often protected by the Israeli military and are frequently flashpoints for violence against Palestinians.

The presence of settlements and Jewish-only bypass roads creates a fragmented Palestinian territory, with the West Bank divided into three separate parts: Area A, Area B, and Area C. All of the settlements are in Area C, which comprises about 60% of the West Bank.

The establishment of settlements has also been linked to the displacement of the Palestinian population, with those who remain under consistent pressure to leave to make room for further settlers.

Recent Developments

In 2024, 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 all settlement activities and evacuate all settlers from the occupied territories.

In October 2024, a top independent human rights panel mandated by the UN Human Rights Council released a legal position paper detailing the obligations for Israel, third-party states, and the UN to bring an end to the unlawful occupation.

The issue of Israeli settlements in the West Bank and Gaza Strip is highly contentious, with the international community considering them illegal under international law, while Israel disputes this. The establishment and expansion of settlements have had significant impacts on the Palestinian population and have been a major obstacle to the Israeli-Palestinian peace process.

Israeli settlements in the Syrian Golan Heights

The Golan Heights is a rocky plateau in southwestern Syria, covering about 1,000 sq km. Israel seized the Golan Heights from Syria in the 1967 Six-Day War. Almost immediately, Israel began to settle the Golan, which is considered illegal under international law, although Israel disputes this.

The Golan Heights are strategically important, providing an excellent vantage point for monitoring Syrian movements and offering a natural buffer against military thrusts from Syria. The area is also a key source of water for an arid region, with rainwater from the Golan's catchment feeding into the Jordan River. The land is fertile, and the volcanic soil is used to cultivate vineyards and orchards and raise cattle.

Israel's settlement of the Golan Heights began soon after the Six-Day War. Merom Golan, the first settlement, was founded in July 1967, and by 1970 there were 12 settlements. Construction of Israeli settlements continued in the remainder of the territory held by Israel, which was under military administration until Israel passed the Golan Heights Law in 1981, applying Israeli law and administration throughout the territory. This move has been described as an annexation and was condemned by the United Nations Security Council in Resolution 497.

The international community, with the exception of Israel and the United States, considers the Golan Heights to be Syrian territory held under Israeli occupation. 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, and that Israeli settlements are a violation of international law.

In 2019, the United States became the first country to recognize the Golan Heights as Israeli sovereign territory, with former President Donald Trump proclaiming U.S. recognition. However, the 28 member states of the European Union, along with several experts on international law, reiterated that land gained by either defensive or offensive wars cannot be legally annexed under international law. The Biden administration has since resumed referring to the Golan Heights as a territory occupied by Israel in its annual human rights reports.

As of 2024, the population of Israeli settlements in the Golan Heights was estimated to be about 31,000 people, with the Israeli government announcing plans for further expansion.

Israel's use of starvation as a weapon

In October 2023, Israeli Defense Minister Yoav Galant stated that there would be "no electricity, no food, no fuel—everything is being blocked off". Tali Gottlieb, a member of the Knesset, said Palestinians in Gaza needed to be "thirsted and starved".

In December 2023, Human Rights Watch accused Israel of "using starvation of civilians as a method of warfare in the occupied Gaza Strip". They reported that Israeli forces were "deliberately blocking the delivery of water, food, and fuel, while willfully impeding humanitarian assistance".

In April 2024, Oxfam warned that people in Northern Gaza were "forced to survive on 245 calories a day".

In June 2024, the World Food Programme and the Food and Agriculture Organization stated that more than 1 million people could face severe starvation within a month.

In July 2024, a group of UN experts released a statement that Israel's "targeted starvation campaign" had caused the deaths of children in Gaza and that famine had spread from the North to the rest of Gaza.

In October 2024, human rights organisations warned that the amount of humanitarian aid entering the Gaza Strip was at its lowest levels in seven months. The World Food Programme stated that no food had entered the northern Gaza Strip that month, and that one million people faced starvation.

In November 2024, the International Criminal Court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant, asserting that they "bear criminal responsibility for the war crime of starvation as a method of warfare".

In January 2025, the UN Human Rights Council-mandated commission stated that "Israel's internationally wrongful acts give rise to State responsibility, not only for Israel, but for all States".

Israel's blocking of humanitarian aid

Israel's blockade of humanitarian aid to Gaza has been a source of significant controversy and has been deemed a violation of international law. The blockade has resulted in dire humanitarian consequences, including food and water shortages, and has impeded the delivery of essential supplies to the enclave's 2.2 million people, nearly half of whom are children.

The issue of Israel's blocking of humanitarian aid to Gaza came to a head during the 2023-2024 conflict between Israel and Hamas, the Palestinian Islamist group that controls the Gaza Strip. During this conflict, Israel imposed stringent restrictions on the entry of humanitarian aid into Gaza, citing security concerns and accusing Hamas of using civilians as human shields. This led to widespread food and water shortages, with Israel cutting off water and electricity supply to Gaza and obstructing the entry of aid trucks. The situation was further exacerbated by the displacement of tens of thousands of Palestinians, who fled their homes due to the intense fighting.

The United Nations and other humanitarian organizations repeatedly condemned Israel's actions and accused it of blocking their efforts to deliver aid to the affected areas. The head of the United Nations Office for the Coordination of Humanitarian Affairs in the Occupied Palestinian Territories stated that there was a "systematic refusal" from Israel to allow them to support hospitals, which he described as "reaching a level of inhumanity that is beyond comprehension."

Israel defended its actions by arguing that it was not blocking aid and instead blamed the holdups on poor logistics by the humanitarian organizations. However, aid officials on the ground painted a dire picture of the situation, with reports of Gazans on the verge of starvation and suffering from diseases due to a lack of clean water and sanitation. The issue of blocked humanitarian aid also gained international attention, with the Biden administration in the United States warning Israel to take greater care to limit harm to civilians and allow the entry of humanitarian aid.

The blocking of humanitarian aid by Israel has been widely criticized and deemed a violation of international law, including the Fourth Geneva Convention. The laws of war require parties to facilitate the rapid delivery of relief supplies, subject to inspection and monitoring, to prevent diversion or arms delivery. By obstructing the delivery of aid, Israel was failing to meet its obligations as an occupying power under international humanitarian law.

The consequences of the blocked humanitarian aid were severe, with reports of hospitals struggling to treat the large number of injured people and the collapse of public services. The situation led to widespread outrage and calls for Israel to immediately lift the blockade and allow the entry of fuel, food, and other essential supplies.

Israel's use of collective punishment

In February 2023, Israeli authorities sealed the family homes of two Palestinians suspected of attacks against Israelis in the occupied West Bank, with intentions to demolish them. This came after a spike in violence that resulted in the deaths of 35 Palestinians and 6 Israelis. The violence included Israeli army raids on Palestinian cities and refugee camps, Palestinian attacks on Israelis, and attacks on Palestinians and their property by Israeli settlers.

In October 2023, Israel launched a massive bombing campaign in retaliation for an attack by Hamas and other Palestinian armed groups, which killed over 1200 people. This was followed by a shutdown of Gaza's only power plant, exacerbating the humanitarian crisis faced by over 2.2 million people. An Israeli minister confirmed that these acts were committed to punish civilians in Gaza for the actions of Palestinian armed groups. Amnesty International's Secretary-General, Agnès Callamard, stated that the "collective punishment of Gaza's civilian population amounts to a war crime—it is cruel and inhumane."

Israel's collective punishment of Palestinians has also been observed in the form of restrictions on humanitarian aid. In January 2025, the Biden administration in the United States issued an ultimatum to Israel, demanding that the Israel Defense Forces allow hundreds of additional trucks carrying food and medicine into Gaza. However, the Israeli military tightened its grip and continued to restrict aid, exacerbating the dire crisis.

The United Nations Security Council and various human rights organizations have repeatedly called for an end to Israel's collective punishment of Palestinians, emphasizing the need to respect international law and ensure the protection of civilians.

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