Status of territories occupied by Israel in 1967

Last updated

The status of territories captured by Israel is the status of the Gaza Strip, the West Bank, the Golan Heights, and the Sinai Peninsula, all of which were captured by Israel during the 1967 Six-Day War.

Contents

The Sinai Peninsula was returned to full sovereignty of Egypt in 1982 as a result of the Egypt–Israel peace treaty. The United Nations Security Council and the International Court of Justice both describe the West Bank and Western Golan Heights as "occupied territory" under international law, and the Supreme Court of Israel describes them as held "in belligerent occupation", however Israel's government calls the West Bank "disputed" rather than "occupied" [1] and argues that since Israel's unilateral disengagement plan of 2005, it does not militarily occupy the Gaza Strip, a statement rejected by the United Nations Human Rights Council and Human Rights Watch because Israel continues to maintain control of its airspace, waters and borders. [2] [3]

Terminology

"Occupied territories"

In their decisions on the Israeli West Bank barrier, the International Court of Justice and Supreme Court of Israel have both ruled that the West Bank is occupied. The US State Department also considered the West Bank and Gaza Strip occupied prior to Israel's 2005 disengagement from Gaza. [4]

The ICJ outlined the legal rationale for the supporters of this view in its advisory opinion of 9 July 2004. It noted:

...under customary international law as reflected (...) in Article 42 of the Regulations Respecting the Laws and Customs of War on Land annexed to the Fourth Hague Convention of 18 October 1907 (hereinafter “the Hague Regulations of 1907”), territory is considered occupied when it is actually placed under the authority of the hostile army, and the occupation extends only to the territory where such authority has been established and can be exercised. The territories situated between the Green Line (see paragraph 72 above) and the former eastern boundary of Palestine under the Mandate were occupied by Israel in 1967 during the armed conflict between Israel and Jordan. Under customary international law, these were therefore occupied territories in which Israel had the status of occupying Power. Subsequent events in these territories, as described in paragraphs 75 to 77 above, have done nothing to alter this situation. All these territories (including East Jerusalem) remain occupied territories and Israel has continued to have the status of occupying Power.

On the application of the fourth Geneva Convention, the Court noted:

...for the purpose of determining the scope of application of the Fourth Geneva

Convention, it should be recalled that under common Article 2 of the four Conventions of 12 August 1949:

“In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.

The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance."

(...) the Court notes that, according to the first paragraph of Article 2 of the Fourth Geneva Convention, that Convention is applicable when two conditions are fulfilled: that there exists an armed conflict (whether or not a state of war has been recognized); and that the conflict has arisen between two contracting parties. (...) The object of the second paragraph of Article 2 is not to restrict the scope of application of the Convention, as defined by the first paragraph, by excluding therefrom territories not falling under the sovereignty of one of the contracting parties. It is directed simply to making it clear that, even if occupation effected during the conflict met no armed resistance, the Convention is still applicable.

In its June 2005 ruling upholding the constitutionality of the Gaza disengagement, the Israeli High Court determined that "Judea and Samaria [West Bank] and the Gaza area are lands seized during warfare, and are not part of Israel." [5]

"Disputed territories"

The Jerusalem Center for Public Affairs and Israeli government websites who support the view that the territories are not occupied argue that use of the term "occupied" in relation to Israel's control of the areas has no basis in international law or history, [6] [7] and that it prejudges the outcome of negotiations. They regard the territories as "disputed" based on the following legal arguments:

Yoram Dinstein has dismissed the position that they are not occupied as being “based on dubious legal grounds”. [9] Many Israeli government websites do refer to the areas as being "occupied territories". [10]

After 1967, a number of legal arguments were advanced which dismissed the right of Palestinians to self-determination and statehood. They generally proposed that Palestine was a land void of a legitimate sovereign and supported Israeli claims to the remaining territory of the Palestine Mandate. [11] [12] Historian and journalist, Gershom Gorenberg, says that outside of the pro-settlement community in Israel, these positions are considered quirky. He says that, while the Israeli government has used them for public relations purposes abroad, it takes entirely different positions when arguing real legal cases before the Israeli Supreme Court. In 2005 Israel decided to dismantle all Israeli settlements in the Gaza Strip and four in the northern West Bank. Gorenberg notes, the government's decision was challenged in the Supreme Court by settlers, and the government won the case by noting the settlements were in territory whose legal status was that of 'belligerent territory'. The government argued that the settlers should have known the settlements were only temporary. [13]

Territories by current status

Gaza Strip

Following the 1967 war, in which the Israeli army occupied the West Bank and Gaza Strip, a military administration over the Palestinian population was put in place. In 1993, Israel gave autonomy to the people of Gaza and completely disengaged from Gaza in 2005. However, in 2007, Israel put a blockade on the Gaza Strip over what it viewed as security concerns. Israel asserts that since the disengagement of Israel from Gaza in 2005, Israel no longer occupies the Gaza Strip. [14] As Israel retained control of Gaza's airspace and coastline, as of 2012 it continued to be designated as an occupying power in the Gaza Strip by the United Nations Security Council, the United Nations General Assembly [15] and some countries and various human rights organizations. [16] [17] [18] [19]

Golan Heights

The Golan was under military administration until the Knesset passed the Golan Heights Law in 1981, which applied Israeli law to the territory; a move that has been described as an annexation. In response, the United Nations Security Council unanimously passed UNSC Resolution 497 which condemned the Israeli actions to change the status of the territory declaring them "null and void and without international legal effect", and that the Golan remained an occupied territory. In 2019, the United States became the only state to recognize the Golan Heights as Israeli sovereign territory, while the rest of the international community continues to consider the territory Syrian held under Israeli military occupation. [20] [21]

West Bank

While the international community considers the West Bank to be a territory held by Israel under military occupation. [22] Judea and Samaria Area is the Israeli government term for the district encompassing Israeli administratively controlled Jewish-majority civilian areas of Area C of the West Bank,[ citation needed ] excluding East Jerusalem. [23] It is for some purposes regarded by Israeli authorities as one of its administrative regions. [23]

East Jerusalem

East Jerusalem had been occupied by Israel in 1967 and was effectively annexed by Israel in 1980, an act internationally condemned. On 27–28 June 1967, East Jerusalem was integrated into Jerusalem by extension of its municipal borders and was placed under the law, jurisdiction and administration of the State of Israel. [24] [25] In a unanimous General Assembly resolution, the UN declared the measures trying to change the status of the city invalid. [26]

Non-member observer state status of Palestine

On Thursday, November 29, 2012, In a 138–9 vote (with 41 abstaining) General Assembly resolution 67/19 passed, upgrading Palestine to "non-member observer state" status in the United Nations. [27] [28] The new status equates Palestine's with that of the Holy See. The change in status was described by The Independent as "de facto recognition of the sovereign State of Palestine". [29] Voting "no" were Canada, the Czech Republic, Israel, the Marshall Islands, Micronesia, Nauru, Palau, Panama and the United States.

The vote was a historic benchmark for the partially recognised State of Palestine and its citizens, whilst it was a diplomatic setback for Israel and the United States. Status as an observer state in the UN will allow the State of Palestine to join treaties and specialised UN agencies. [30] the Law of the Seas treaty, and the International Criminal Court. It shall permit Palestine to pursue legal rights over its territorial waters and air space as a sovereign state recognised by the UN, and allow the Palestinian people the right to sue for sovereignty over their rightful territory in the International Court of Justice and to bring 'crimes against humanity' and war-crimes charges, including that of unlawfully occupying the territory of State of Palestine, against Israel in the International Criminal Court. [31] [32]

The UN has, after the resolution was passed, permitted Palestine to title its representative office to the UN as "The Permanent Observer Mission of the State of Palestine to the United Nations", [33] seen by many as a reflection of the UN's de facto position of recognising the State of Palestine's sovereignty under international law, [27] and Palestine has started to re-title its name accordingly on postal stamps, official documents and passports. [28] [34] The Palestinian authorities have also instructed its diplomats to officially represent the "State of Palestine", as opposed to the "Palestine National Authority". [28] Additionally, on 17 December 2012, UN Chief of Protocol Yeocheol Yoon decided that "the designation of "State of Palestine" shall be used by the Secretariat in all official United Nations documents", [35] recognising the "State of Palestine" as an independent nation.

Israeli judicial decisions

In two cases decided shortly after independence, in the Shimshon and Stampfer cases, the Supreme Court of Israel held that the fundamental rules of international law accepted as binding by all "civilized" nations were incorporated in the domestic legal system of Israel. The Nuremberg Military Tribunal determined that the articles annexed to the Hague IV Convention of 1907 were customary law that had been recognized by all civilized nations. [36] In the past, the Supreme Court has argued that the Geneva Convention insofar it is not supported by domestic legislation "does not bind this Court, its enforcement being a matter for the states which are parties to the Convention". They ruled that "Conventional international law does not become part of Israeli law through automatic incorporation, but only if it is adopted or combined with Israeli law by enactment of primary or subsidiary legislation from which it derives its force". However, in the same decision the Court ruled that the Fourth Hague Convention rules governing belligerent occupation did apply, since those were recognized as customary international law. [37]

The Israeli High Court of Justice determined in the 1979 Elon Moreh case that the area in question was under occupation and that accordingly only the military commander of the area may requisition land according to Article 52 of the Regulations annexed to the Hague IV Convention. Military necessity had been an after-thought in planning portions of the Elon Moreh settlement. That situation did not fulfill the precise strictures laid down in the articles of the Hague Convention, so the Court ruled the requisition order had been invalid and illegal. [38] In recent decades, the government of Israel has argued before the Supreme Court of Israel that its authority in the territories is based on the international law of "belligerent occupation", in particular the Hague Conventions. The court has confirmed this interpretation many times, for example in its 2004 and 2005 rulings on the separation fence. [39] [40]

In its June 2005 ruling upholding the constitutionality of the Gaza disengagement, the Court determined that "Judea and Samaria" [West Bank] and the Gaza area are lands seized during warfare, and are not part of Israel:

The Judea and Samaria areas are held by the State of Israel in belligerent occupation. The long arm of the state in the area is the military commander. He is not the sovereign in the territory held in belligerent occupation (see The Beit Sourik Case, at p. 832). His power is granted him by public international law regarding belligerent occupation. The legal meaning of this view is twofold: first, Israeli law does not apply in these areas. They have not been "annexed" to Israel. Second, the legal regime which applies in these areas is determined by public international law regarding belligerent occupation (see HCJ 1661/05 The Gaza Coast Regional Council v. The Knesset et al. (yet unpublished, paragraph 3 of the opinion of the Court; hereinafter – The Gaza Coast Regional Council Case). In the center of this public international law stand the Regulations Concerning the Laws and Customs of War on Land, The Hague, 18 October 1907 (hereinafter – The Hague Regulations). These regulations are a reflection of customary international law. The law of belligerent occupation is also laid out in IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War 1949 (hereinafter – the Fourth Geneva Convention). [41] [42]

Soon after the 1967 war, Israel issued a military order stating that the Geneva Conventions applied to the recently occupied territories, [43] but this order was rescinded a few months later. [44] For a number of years, Israel argued on various grounds that the Geneva Conventions do not apply. One is the Missing Reversioner theory [45] which argued that the Geneva Conventions apply only to the sovereign territory of a High Contracting Party, and therefore do not apply since Jordan never exercised sovereignty over the region. [46] However, that interpretation is not shared by the international community. [47] The application of Geneva Convention to Occupied Palestinian Territories was further upheld by International Court of Justice, UN General Assembly, UN Security Council and the Israeli Supreme Court. [47]

In cases before the Israeli High Court of Justice the government itself has agreed that the military commander's authority is anchored in the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War, and that the humanitarian rules of the Fourth Geneva Convention apply. [48] The Israeli MFA says that the Supreme Court of Israel has ruled that the Fourth Geneva Convention and certain parts of Additional Protocol I reflect customary international law that is applicable in the occupied territories. [49] Gershom Gorenberg has written that the Israeli government knew at the outset that it was violating the Geneva Convention by creating civilian settlements in the territories under IDF administration. He explained that as the legal counsel of the Foreign Ministry, Theodor Meron was the Israeli government's expert on international law. On September 16, 1967, Meron wrote a top secret memo to Mr. Adi Yafeh, Political Secretary of the Prime Minister regarding "Settlement in the Administered Territories" which said "My conclusion is that civilian settlement in the Administered territories contravenes the explicit provisions of the Fourth Geneva Convention." [50] Moshe Dayan authored a secret memo in 1968 proposing massive settlement in the territories which said “Settling Israelis in administered territory, as is known, contravenes international conventions, but there is nothing essentially new about that.” [51]

The commission of experts headed by the retired Israeli Supreme Court Judge Edmond Levy issued on July 9, 2012 its report on the status of the territories conquered by Israel in 1967. The commission concluded that the Israeli control over those territories is not an occupation in the legal sense, and that the Israeli settlements in those territories do not contravene international law.

See also

Notes

  1. ^ Disputed Territories: Forgotten Facts About the West Bank and Gaza Strip, Israeli Ministry of Foreign Affairs website, February 1, 2003. Retrieved September 28, 2005.
  2. ^ International Law and the Arab-Israeli Conflict Extracts from "Israel and Palestine - Assault on the Law of Nations" by Julius Stone, Ed: Ian Lacey, Second edition, Australia/Israel & Jewish Affairs Council website, 2003. Retrieved September 29, 2005.
  3. ^ Inaccurate Terms in Coverage of Bush Statement, Committee for Accuracy in Middle East Reporting in America website, April 18, 2004. Retrieved September 29, 2005.
  4. ^ Jewish Settlements and the Media, Committee for Accuracy in Middle East Reporting in America website, October 5, 2001. Retrieved February 5, 2006.
  5. ^ "Occupied Territories" to "Disputed Territories" by Dore Gold, Jerusalem Center for Public Affairs, January 16, 2002. Retrieved September 29, 2005.
  6. ^ Forgotten Facts About the West Bank and Gaza Strip, Israeli Ministry of Foreign Affairs website, February 1, 2003. Retrieved September 28, 2005.

Related Research Articles

<span class="mw-page-title-main">Israeli settlement</span> Israeli communities built on land occupied in the 1967 Six-Day War

Israeli settlements, also called Israeli colonies, are the civilian communities built by Israel throughout the Israeli-occupied territories. They are populated by Israeli citizens, almost exclusively of Jewish identity or ethnicity, and were first established after Israel's victory in the Six-Day War of June 1967. The international community considers Israeli settlements to be illegal under international law, but Israel disputes this. The expansion of settlements often involves the confiscation of Palestinian land and resources, leading to displacement of Palestinian communities and creating a source of tension and conflict. Settlements are often protected by the Israeli military and are frequently flashpoints for violence against Palestinians. Further, the presence of settlements and Jewish-only bypass roads creates a fragmented Palestinian territory, seriously hindering economic development and freedom of movement for Palestinians.

<span class="mw-page-title-main">West Bank</span> Territory in West Asia

The West Bank, so called due to its relation to the Jordan River, is the larger of the two Palestinian territories. A landlocked territory near the coast of the Mediterranean Sea in the Levant region of West Asia, it is bordered by Jordan and the Dead Sea to the east and by Israel to the south, west, and north. The territory has been under Israeli occupation since 1967.

<span class="mw-page-title-main">History of the State of Palestine</span>

The history of the State of Palestine describes the creation and evolution of the State of Palestine in the West Bank and Gaza Strip.

<span class="mw-page-title-main">Palestinian territories</span> Occupied Palestinian territory in the Middle East

The Palestinian territories are the two regions of the former British Mandate for Palestine that have been occupied by Israel since the Six-Day War of 1967, namely the West Bank and the Gaza Strip. The International Court of Justice (ICJ) has referred to the West Bank, including East Jerusalem, as "the Occupied Palestinian Territory", and this term was used as the legal definition by the ICJ in its advisory opinion of July 2004. The term occupied Palestinian territory was used by the United Nations and other international organizations between October 1999 and December 2012 to refer to areas controlled by the Palestinian National Authority, but from 2012, when Palestine was admitted as one of its non-member observer states, the United Nations started using exclusively the name State of Palestine. The European Union (EU) also uses the term "occupied Palestinian territory". The government of Israel and its supporters use the label "disputed territories" instead.

<span class="mw-page-title-main">State of Palestine</span> State in West Asia

Palestine, officially the State of Palestine, is a state in the Southern Levant region of West Asia. Founded on 15 November 1988 and officially governed by the Palestine Liberation Organization (PLO), it claims the West Bank and the Gaza Strip as its territory, all of which have been Israeli-occupied territories since the 1967 Six-Day War. The West Bank contains 165 Palestinian enclaves that are under partial Palestinian rule, but the remainder, including 200 Israeli settlements, is under full Israeli control. The Gaza Strip was governed by Egypt but conquered by Israel in 1967. Israel governed the region until it withdrew in 2005. The United Nations, the International Committee of the Red Cross, and various human-rights organizations still consider Gaza to be held under Israeli military occupation, due to what they regard as Israel's effective military control over the territory; Israel disputes this. Hamas seized power after winning the 2006 Palestinian legislative election. This has since been ensued by a blockade of the Gaza Strip by Israel and Egypt.

The Judea and Samaria Area is an administrative division of Israel. It encompasses the entire West Bank, which has been occupied by Israel since 1967, but excludes East Jerusalem. Its area is split into 165 Palestinian "islands" that are under total or partial civil administration by the Palestinian National Authority (PNA), and a contiguous area containing 230 Israeli settlements into which Israeli law is "pipelined".

<span class="mw-page-title-main">Israeli disengagement from Gaza</span> 2005 withdrawal of Israeli personnel

In 2005, 21 Israeli settlements in the Gaza Strip were unilaterally dismantled and Israeli settlers and army evacuated from inside the Gaza Strip, redeploying its military along the border.

<span class="mw-page-title-main">United Nations Security Council Resolution 446</span> United Nations resolution adopted in 1979

United Nations Security Council resolution 446, adopted on 22 March 1979, concerned the issue of Israeli settlements in the "Arab territories occupied by Israel since 1967, including Jerusalem". This refers to the Palestinian territories of the West Bank, East Jerusalem and the Gaza Strip as well as the Syrian Golan Heights.

<span class="mw-page-title-main">Military occupation</span> Effective provisional control of a certain power over a territory

Military occupation, also known as belligerent occupation or simply occupation, is the temporary military control by a ruling power over a territory that is outside of that power's sovereign territory. The territory is then known as the occupied territory and the ruling power the occupant. Occupation is distinguished from annexation and colonialism by its intended temporary duration. While an occupant may set up a formal military government in the occupied territory to facilitate its administration, it is not a necessary precondition for occupation.

The International law bearing on issues of Arab–Israeli conflict, which became a major arena of regional and international tension since the birth of Israel in 1948, resulting in several disputes between a number of Arab countries and Israel.

<span class="mw-page-title-main">Israeli-occupied territories</span> Territories presently occupied by Israel since the 1967 Six-Day War

Israel has occupied the Palestinian territories and the Golan Heights since the Six-Day War of 1967. It previously occupied the Sinai Peninsula and southern Lebanon as well. Prior to Israel's victory in the Six-Day War, occupation of the Palestinian territories was split between Egypt and Jordan, with the former having occupied the Gaza Strip and the latter having annexed the West Bank; the Sinai Peninsula and the Golan Heights were under the sovereignty of Egypt and Syria, respectively. The first conjoined usage of the terms "occupied" and "territories" with regard to Israel was in United Nations Security Council Resolution 242, which was drafted in the aftermath of the Six-Day War and called for: "the establishment of a just and lasting peace in the Middle East" to be achieved by "the application of both the following principles: ... Withdrawal of Israeli armed forces from territories occupied in the recent conflict ... Termination of all claims or states of belligerency and respect for and acknowledgment of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force."

<span class="mw-page-title-main">Demographics of the State of Palestine</span>

Demographic features of the population of the area commonly described as Palestinian territories includes information on ethnicity, education level, health of the populace, economic status, religious affiliations and other aspects of that population.

<span class="mw-page-title-main">John Dugard</span> South African professor

Christopher John Robert Dugard is a South African professor of international law. His main academic specializations are in Roman-Dutch law, public international law, jurisprudence, human rights, criminal procedure and international criminal law. He has served on the International Law Commission, the primary UN institution for the development of international law, and has been active in reporting on human-rights violations by Israel in the Palestinian territories.

The international community considers the establishment of Israeli settlements in the Israeli-occupied territories illegal on one of two bases: that they are in violation of Article 49 of the Fourth Geneva Convention, or that they are in breach of international declarations. 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.

<span class="mw-page-title-main">Israeli Military Governorate</span> Military governance system (1967–1981/82)

The Israeli Military Governorate was a military governance system established following the Six-Day War in June 1967, in order to govern the civilian population of the West Bank, the Gaza Strip, the Sinai Peninsula and the western part of Golan Heights. The governance was based on the Fourth Geneva Convention, which provides guidelines for military rule in occupied areas. East Jerusalem was the only exception from this order, and it was added to Jerusalem municipal area as early as 1967, and extending Israeli law to the area effectively annexing it in 1980. During this period, the UN and many sources referred to the military governed areas as Occupied Arab Territories.

<span class="mw-page-title-main">Area C (West Bank)</span> Oslo II division of the West Bank under full Israeli control

Area C is the fully Israeli-controlled and only contiguous territory in the West Bank, defined as the whole area outside the Palestinian enclaves. Area C constitutes about 61 percent of the West Bank territory, contains all Israeli settlements other than those in East Jerusalem, and more than 99% of the area is off limits or heavily restricted for Palestinians. The area was committed in 1995 under the Oslo II Accord to be "gradually transferred to Palestinian jurisdiction", but such transfer did not happen. The area is richly endowed with natural resources.

There are a wide variety of views regarding the legal status of the State of Palestine, both among the states of the international community and among legal scholars. The existence of a state of Palestine, although controversial, is a reality in the opinions of the states that have established bilateral diplomatic relations. It is a non-member observer state at the United Nations since November 2012. As of 2 June 2023, a total of 139 countries recognize it.

<span class="mw-page-title-main">Israeli occupation of the West Bank</span> Military occupation by Israel (1967–)

The West Bank, including East Jerusalem, has been under military occupation by Israel since 7 June 1967, when Israeli forces captured the territory, then ruled by Jordan, during the Six-Day War. The status of the West Bank as a militarily occupied territory has been affirmed by the International Court of Justice and, with the exception of East Jerusalem, by the Israeli Supreme Court. The official view of the Israeli government is that the laws of belligerent occupation do not apply to the territories, which it considers instead "disputed", and it administers the West Bank, excepting East Jerusalem, under the Israeli Civil Administration, a branch of the Israeli Ministry of Defense. Considered to be a classic example of an "intractable conflict", the length of Israel's occupation was already regarded as exceptional after two decades, and is now the longest in modern history. Israel has cited several reasons for retaining the West Bank within its ambit: a claim based on the notion of historic rights to this as a homeland as claimed in the Balfour Declaration of 1917; security grounds, both internal and external; and the deep symbolic value for Jews of the area occupied.

References

  1. Disputed territories - Forgotten facts about the West Bank and Gaza strip, Israeli Ministry of Foreign Affairs, 1 Feb 2003. Retrieved 16 Feb 2009.
  2. Falk, Richard (2009-03-17). "HUMAN RIGHTS SITUATION IN PALESTINE AND OTHER OCCUPIED ARAB TERRITORIES". United Nations . Retrieved 2009-05-10. Israel officially contends that, after the implementation of its disengagement plan in 2005, it is no longer an occupying Power, and is therefore not responsible for observance of the obligations set forth in the Fourth Geneva Convention. That contention has been widely rejected by expert opinion, by the de facto realities of effective control and by official pronouncements by, for instance, the United Nations High Commissioner for Human Rights and the Secretary-General (A/HRC/8/17), the General Assembly in its resolutions 63/96 and 63/98, and the Security Council in its resolution 1860 (2009).
  3. HRW: Israel: 'Disengagement' Will Not End Gaza Occupation, Human Rights Watch website.
  4. Israel and the occupied territories, Country Reports on Human Rights Practices - 2001, Bureau of Democracy, Human Rights, and Labor, U.S. State Dept., March 4, 2002.
  5. Chronological Review of Events Relating to the Question of Palestine Archived 2008-10-05 at the Wayback Machine , Division for Palestinian Rights, MONTHLY MEDIA MONITORING REVIEW.
  6. 1 2 3 4 "Occupied Territories" to "Disputed Territories" by Dore Gold, Jerusalem Center for Public Affairs, January 16, 2002. Retrieved September 29, 2005.
  7. 1 2 Israeli Settlements and International Law, Israel Foreign Ministry website, 5/4/01, accessed 12/18/07. (Scroll down to paragraph which begins "Politically, the West Bank and Gaza Strip is best regarded as..."
  8. "The Geneva Convention", Israel and the Palestinians, BBC News
  9. see Yoram Dinstein, ‘The International Law of Belligerent Occupation and Human Rights’, 8 Israeli Yearbook on Human Rights 104, 107 (1978) and International law expert, Professor Yoram Dinstein, on the international ‘War on Terrorism’ Archived 2010-04-02 at the Wayback Machine
  10. Public activities section of Ezer Weizman's Knesset profile
  11. Yehuda Z. Blum, The Missing Reversioner: Reflections on the Status of Judea and Samaria, 3 ISR. L. REV. 279, 289–90 (1968)
  12. Eugene V. Rostow, “Palestinian Self-Determination”: Possible Futures for the Unallocated Territories of the Palestine Mandate, 5 YALE J. WORLD PUB. ORD. 147 (1980)
  13. See Gershom Gorenberg, The Accidental Empire: Israel and the Birth of the Settlements, 1967–1977, Macmillan, 2007, ISBN   0-8050-8241-7, page 363 and South Jerusalem On Settlement Legality, 24 November 2008
  14. "Ambassador Prosor addresses the UN Security Council". Israel Ministry of Foreign Affairs. 2014-07-18. Archived from the original on 2015-02-19. Retrieved 2015-01-24.
  15. "SPOKESPERSON's DAILY HIGHLIGHTS". United Nations. Archived from the original on 8 May 2012. Retrieved 29 April 2012.
  16. "Israel/Occupied Palestinian Territories: The conflict in Gaza: A briefing on applicable law, investigations and accountability". Amnesty International. 2009-01-19. Archived from the original on 2009-05-12. Retrieved 2009-06-05.
  17. "Human Rights Council Special Session on the Occupied Palestinian Territories" July 6, 2006; Human Rights Watch considers Gaza still occupied.
  18. Levs, Josh (2009-01-06). "Is Gaza 'occupied' territory?". CNN. Retrieved 2009-05-30.
  19. "Israel: 'Disengagement' Will Not End Gaza Occupation". Human Rights Watch. 28 October 2004. Retrieved 11 May 2012.
  20. Aji, Albert (2019-03-26). "Trump acceptance of Israeli control of Golan sparks protests". Associated Press. Retrieved 2019-03-29.
  21. "Trump's Golan move unites Gulf States and Iran in condemnation". France 24. 2019-03-26. Retrieved 2019-03-31.
  22. Roland Otto (1 December 2011). Targeted Killings and International Law: With Special Regard to Human Rights and International Humanitarian Law. Springer Science & Business Media. p. 38. ISBN   978-3-642-24858-0.
  23. 1 2 "Statistical Abstract of Israel 2012" (PDF). Archived from the original (PDF) on 15 December 2013. Retrieved 15 January 2013.
  24. Ian Lustick, "Has Israel Annexed East Jerusalem?", Middle East Policy, Volume V, January 1997, Number 1, pp. 34–45 (on web.archive.org). PDF Archived 2009-11-20 at the Wayback Machine ; accessed 25 November 2014.
  25. Law and Administration Ordinance (Amendment No. 11) Law, 5727-1967 and Municipalities Ordinance (Amendment No. 6) Law, 5727-1967 of 27 June 1967; and "The Jerusalem Declaration" (extension of the boundaries of the municipal corporation), 1967 of 28 June 1967.
  26. "General Assembly Resolution 2253, 4 July 1967". Archived from the original on 9 November 2013.
  27. 1 2 "A/67/L.28 of 26 November 2012 and A/RES/67/19 of 29 November 2012". Unispal.un.org. Archived from the original on 2012-12-10. Retrieved 2012-12-02.
  28. 1 2 3 "Palestine: What is in a name (change)?". Al Jazeera. 2013-01-08. Retrieved 2013-02-10.
  29. "Israel defies UN after vote on Palestine with plans for 3,000 new homes in the West Bank" . The Independent. 1 December 2012. Archived from the original on 2022-05-24.
  30. Laub, Karin; Daraghmeh, Mohammed (2013-01-07). "State Of Palestine: Palestinians Change Name, Won't Rush To Issue New Passports". The Huffington Post . Archived from the original on 2014-10-11. Retrieved 2013-02-10.
  31. "Palestine threatens to sue Israel at ICC". Archived from the original on 2013-04-18. Retrieved 2013-02-10.
  32. "Palestinians' UN upgrade to nonmember observer state: Struggles ahead over possible powers". Washington Post. 30 November 2012. Archived from the original on November 12, 2018.
  33. "Permanent Observer Mission of the State of Palestine to the United Nations". Archived from the original on 2013-01-31.
  34. "Palestinian Authority officially changes name to 'State of Palestine'". Haaretz. 2013-01-05. Retrieved 2013-02-10.
  35. Gharib, Ali (2012-12-20). "U.N. Adds New Name: "State of Palestine"". The Daily Beast . Retrieved 2013-01-10.
  36. see the "Place of customary international law" on pages 5–6 of International Law in Domestic Courts: Israel, by Dr. David Kretzmer and Chapter 2 "Application of International Law", in The Occupation of Justice, by David Kretzmer
  37. HCJ 69/81
  38. see page 349 of Israel Yearbook on Human Rights Volume 9, 1979, By Yoram Dinstein
  39. 2004 Israeli Supreme Court ruling Archived 2008-11-21 at the Wayback Machine (RTF format)
  40. "Israel High Court decision regarding the security fence -Sept 15, 2005 - Complete Text Source Document - Zionism and Israel Information Center". zionism-israel.com.
  41. see HCJ 7957/04 Mara’abe v. The Prime Minister of Israel. Text of the decision available on Comité international de la Croix-Rouge database.
  42. "Chronological Review of Events/June 2005". Archived from the original on 2008-10-05. Retrieved 2007-09-06.
  43. "Military Order Manager". Archived from the original on 2006-06-22. Retrieved 2010-08-11.
  44. "Military Order Manager". Archived from the original on 2006-06-22. Retrieved 2010-08-11.
  45. see "The Missing Reversioner: Reflections on the Status of Judea and Samaria", by Dr. Yehuda Z. Blum, 3 Israel L. Rev. 279 (1968)
  46. "חסימת בקשה לא מורשת" (PDF).
  47. 1 2 "The Geneva Convention". BBC. December 10, 2009. Retrieved 3 August 2010.
  48. Israel: Supreme Court. "Beit Sourik Village Council v. The Government of Israel". UNHCR. p. 14. Retrieved 29 July 2010.
  49. See Operation Gaza: factual and legal aspects
  50. See page 99 of Gorenberg, Gershom, "The accidental empire: Israel and the birth of the settlements, 1967-1977", Macmillan, 2006, ISBN   0-8050-7564-X
  51. See Israeli State Archives 153.8/7920/7A, Document 60, dated October 15, 1968, cited on page 173 of Gorenberg's "The accidental empire"