Israel's Breach Of International Law: Explained

Israel's settlement policies and actions in the Palestinian territories have been widely criticised as violations of international law. The United Nations' International Court of Justice (ICJ) has ordered Israel to end its occupation of Palestinian territories, including East Jerusalem, and to make reparations for its internationally wrongful acts. The ICJ's advisory opinion, while non-binding, has significant implications as it sets expectations for international actors and contributes to the development of customary international law. The UN General Assembly has also overwhelmingly adopted a resolution calling for Israel to comply with international law and withdraw its military forces from the occupied territories. Israel's actions have been characterised as crimes against humanity, including murder, torture, sexual violence, and forced displacement. The international community's response to these alleged violations has been a topic of debate, with critics arguing that Israel has faced no real consequences due to the protection offered by its allies.

Israel's unlawful presence in the Occupied Palestinian Territory

In October 2024, the International Court of Justice (ICJ) issued an advisory opinion declaring Israel's occupation of the Palestinian Territories, including East Jerusalem, unlawful. The ICJ found that Israel's actions violated international law, including the Fourth Geneva Convention and the Hague Regulations, which govern the protection of civilians during wartime and the laws and customs of war, respectively. The advisory opinion also addressed Israel's settlement policy, annexation, discriminatory legislation, and infringement on the right to self-determination.

The ICJ's opinion stated that Israel's transfer of settlers to the West Bank and East Jerusalem, as well as its failure to prevent or punish attacks by settlers, constituted violations of international law. The opinion also highlighted Israel's discriminatory practices, such as restricting Palestinians' access to water and confiscating land for settlements, which breached its obligations to respect the Palestinian people's right to permanent sovereignty over their natural resources.

The advisory opinion further concluded that Israel's policies and practices, including the expansion of settlements, construction of a separation wall, and the proclamation of Jerusalem as its capital, amounted to the annexation of large parts of the Occupied Palestinian Territory. This annexation is contrary to the prohibition of the use of force and forcible annexation under Article 2(4) of the UN Charter.

The United Nations General Assembly has also weighed in on the matter, adopting a resolution in September 2024 that calls on Israel to comply with international law and withdraw its military forces from the Occupied Palestinian Territory. The resolution also demands that Israel cease all new settlement activity, evacuate settlers from occupied land, and dismantle parts of the separation wall.

Israel's presence in the Occupied Palestinian Territory has been characterised by home demolitions, forced displacement, and the denial of basic rights to the Palestinian population. Human rights organisations, such as Amnesty International, have documented violations of international humanitarian law by Israeli forces, including indiscriminate attacks and the failure to take feasible precautions to spare civilians. The denial of access to essential services, such as electricity and healthcare, has further exacerbated the humanitarian crisis in the region.

The international community's response to Israel's unlawful presence in the Occupied Palestinian Territory has been mixed. While the ICJ's advisory opinion and the UN General Assembly resolution carry significant weight, they are not legally binding. There have been calls for concrete actions and consequences to hold Israel accountable for its violations, with some arguing that Israel's impunity has brought the current international system to a tipping point.

Israel's failure to prevent or punish attacks by settlers

Israel's settlement policies have been found to be in breach of international law by the UN's top court, the International Court of Justice (ICJ). The ICJ has ordered Israel to end its occupation of Palestinian territories, including East Jerusalem and the West Bank, and to make full reparations for its "internationally wrongful acts". The court's opinion, although non-binding, has significant symbolic and political weight, and serves as a sweeping indictment of Israel's actions.

One of the specific breaches of international law identified by the ICJ is Israel's failure to prevent or punish attacks by settlers. This issue has been a persistent problem, with Israeli settler attacks against Palestinian villages in the West Bank resulting in fatalities and injuries among Palestinians, as well as extensive property damage. These attacks have been carried out with the protection and, in some cases, direct participation of the Israeli military.

The Association of International Development Agencies (AIDA) and other international organisations have urgently called on the international community to intervene and halt these attacks, holding the Government of Israel accountable for its failure to prevent and prosecute violent incidents perpetrated by settlers. Despite some sanctions imposed on individual violent settlers, these measures have not been sufficient to deter the Israeli government from continuing its settlement policies and supporting the expansion of settlements through land expropriation and illegal construction.

The UN has documented a significant increase in settler attacks since October 2023, with the daily average doubling from two to four in 2024. Furthermore, the Israeli military has been reported to be present or involved in approximately half of the settler attacks over the past year. The consistent failure of the Israeli government to hold settlers and soldiers accountable for these assaults underscores the urgent need for international intervention and the dismantling of illegal settlements.

The situation demands unequivocal condemnation from the international community, which must act swiftly and decisively to pressure Israel to halt the attacks and address the root causes of settler violence. This includes permanently dismantling settlement outposts and ensuring the safe return of displaced Palestinians to their lands. The failure to address these issues has enabled the continued dispossession and oppression of Palestinians, violating international humanitarian law and exacerbating the cycle of violence.

Israel's use of natural resources in the occupied territory

Israel's use of natural resources in the occupied Palestinian territory has been a source of contention and has led to accusations of violations of international law.

According to international humanitarian law, an occupying power is restricted to acting only as the temporary administrator of the occupied territory and must return it as soon as possible to the inherent sovereign and protected population. This means that Israel, as the occupying power, is prohibited from acquiring sovereignty rights over any of the territory and must govern it in good faith, acting in the best interests of the protected population.

However, Israel has been accused of treating the occupied Palestinian territory as if it were its own sovereign territory, exploiting its natural resources for its own economic benefit. This includes the use of water resources, quarrying, and waste disposal practices.

For example, Israel has prohibited Palestinians from accessing water from the Jordan River since the occupation began in 1967 and has placed all Palestinian water usage and development under its military control. It has also been accused of exploiting the Mountain Aquifer, which is the largest water source in the region, extracting far more than its population share.

In terms of quarrying, Israel has permitted mining concessions to ten Israeli-operated quarries in Area C of the West Bank, with production reaching 17 million tons in 2015. Approximately 94% of the production is shipped to Israel for construction and infrastructure purposes, and royalties are paid to the State of Israel.

Additionally, Israel has established at least 15 waste treatment facilities in the West Bank to treat hazardous pollutants such as sewage sludge, used oils, solvents, electronic waste, batteries, and infectious medical waste. This is despite the fact that the West Bank is beyond Israel's domestic environmental regulatory regime.

These actions by Israel have been criticized by the international community and have been seen as a violation of its obligations as an occupying power under international humanitarian law, international human rights law, and international environmental law. The United Nations has adopted resolutions determining Israel as the occupying power of Palestinian territory and calling for an end to its occupation and violations of international law.

Israel's discriminatory legislation and measures

• Discrimination against Palestinian Citizens: Israel has been accused of enacting laws that discriminate against Palestinian citizens, limiting their rights in various areas such as citizenship, political participation, land and housing, education, culture, and religion. These laws also target other marginalised groups, including gays, non-religious Jews, and Palestinian refugees.
• Settlement Expansion: Israel's settlement expansion policies in the West Bank, including East Jerusalem, have been deemed illegal under international law. The transfer of Israeli civilians into occupied territories and the confiscation of Palestinian land violate the Fourth Geneva Convention and the Rome Statute of the International Criminal Court.
• Apartheid Policies: Israel's treatment of Palestinians has been characterised as a form of apartheid. The UN Economic and Social Commission for Western Asia (ESCWA) published a report in 2017 titled "Israeli Practices towards the Palestinian People and the Question of Apartheid." It concluded that Israel had established an "apartheid regime" through laws and practices that discriminate against Palestinians based on their identity.
• House Demolitions and Forced Evictions: Israel has been criticised for its policies of house demolitions and forced evictions of Palestinians, particularly in East Jerusalem and the West Bank. These actions are often carried out to make way for Israeli settlements, violating international humanitarian law.
• Restriction of Movement: Israel imposes severe restrictions on the movement of Palestinians, including checkpoints, roadblocks, and the separation barrier. These measures have been deemed to violate the right to freedom of movement and have a detrimental impact on the lives of Palestinians.
• Discrimination in Education: Israel's education system has been criticised for promoting segregation and discrimination. Palestinian students face unequal access to resources and infrastructure, and the curriculum has been accused of perpetuating negative stereotypes and erasing Palestinian history and culture.
• Discrimination in Healthcare: Palestinian citizens of Israel face discrimination in healthcare, with unequal access to services and lower levels of investment in their communities. This has resulted in disparities in health outcomes between Jewish and Palestinian communities.
• Discrimination in Employment: Palestinian citizens of Israel experience higher unemployment rates and face discrimination in the job market. They are often excluded from certain professions and sectors, and their employment opportunities are limited due to discriminatory policies.
• Discrimination in Land and Property Rights: Israel has been accused of systematically discriminating against Palestinians regarding land and property rights. This includes land confiscation, restrictive zoning policies, and the denial of building permits, particularly in East Jerusalem and Area C of the West Bank.
• Discrimination in the Justice System: Palestinian detainees and prisoners in Israel face discrimination and human rights abuses. They are often subject to arbitrary detention, unfair trials, and ill-treatment, with a lack of access to adequate legal representation.
• Discrimination in Religious Freedom: Israel has been accused of restricting the religious freedom of Palestinians, particularly regarding access to holy sites and the ability to practise their faith. This includes restrictions on Muslim access to the Al-Aqsa Mosque compound and Christian access to sites in East Jerusalem.

Israel's violation of Palestinians' right to self-determination

The Israeli-Palestinian conflict has been a long-standing issue, with the United Nations (UN) and various human rights organisations condemning Israel's violation of international law and Palestinian human rights. One of the fundamental rights that Israel has been accused of infringing upon is the Palestinians' right to self-determination. This right is enshrined in the UN Charter, which states that one of the purposes of the UN is "to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples".

The right to self-determination is also recognised in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, which affirm that "all peoples have the right of self-determination" and that they "freely determine their political status and freely pursue their economic, social and cultural development".

In the context of the Israeli-Palestinian conflict, the denial of Palestinian self-determination has been a persistent issue. Since the British Mandate period, when the Balfour Declaration of 1917 pledged British support for the establishment of a "Jewish national home" in Palestine, the indigenous Palestinian population has faced challenges to their aspirations for independence and self-governance.

The UN's International Court of Justice (ICJ) has ordered Israel to end its occupation of Palestinian territories, stating that the occupation violates international law and infringes upon the Palestinians' right to self-determination. The ICJ advised that other states have an obligation not to recognise the occupation as lawful and to refrain from aiding or assisting it.

Palestinian human rights organisations, such as Al-Haq, have played a crucial role in documenting and advocating against Israeli violations. Al-Haq, established in 1979, has consistently highlighted Israel's misrule in the Occupied Palestinian Territories and has been subjected to intimidation and accusations of association with Palestinian liberation organisations.

Despite international condemnation and efforts by Palestinian groups, Israel's settlement policies and actions continue to impede Palestinian self-determination. This includes forcible evictions, extensive house demolitions, restrictions on residence and movement, and the transfer of Israeli settlers to the West Bank and East Jerusalem.

The denial of Palestinian self-determination has had profound consequences, including the transformation of the Palestinian liberation movement into a national independence movement, the fragmentation of the Occupied Palestinian Territories, and the perpetuation of Israeli settler colonialism.

The international community, including the UN, has obligations to bring an end to Israel's unlawful presence in the Occupied Palestinian Territory and to support the full realisation of the Palestinian people's right to self-determination.

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