International Law, Israel, and Palestine

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Excerpted from “The International Laws of Belligerent Occupation”
by Professor of International Law Francis Boyle

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.

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