The International Law and human rights in the case of Israel-Palestine
The Israel-Palestine conflict has been deeply rooted since the creation of Israel. Historical events have shaped the ongoing human rights crisis of the Palestinian people.
The Palestine and Israel conflict remains one of the most polarising geopolitical disputes. The conflict has profound implications for international law and human rights, rooted in historical, political, and religious dimensions.
The displacement of thousands of Palestinians has been ongoing since the state of Israel was created as a country on the world map in 1948. The region has been a focal point for global attention, characterised by recurring violence, failed peace negotiations, and profound humanitarian crises.
The conflict is analysed through the lens of international law and human rights, which provide an in-depth understanding of its legal, moral, and ethical dimensions. International legal stances, such as United Nations Resolutions, the Geneva Conventions, and other treaties, have been invoked to address key issues.
These include the legal status of occupied territories, the rights of refugees, and the legal status of Israel’s settlements. International human rights organisations have recorded widespread violations, including civilian casualties on both sides.
Palestinians face movement restrictions and limited access to essential resources. Exploring the Israel-Palestine conflict through human rights and international law involves analysing historical backgrounds, legal disputes, and the human impact of ongoing issues.
This study aims to provide a comprehensive analysis of the challenges in achieving an optimal resolution.
Historical Background
Tracing back to the late Ottoman and British Mandate periods lays the foundation for the establishment of the Jewish state. During the late Ottoman period in the 19th century, the Zionist movement was rising and demanding a separate homeland for Jewish people.
During this period, many Jews migrated to Palestine for settlement. Under the British Mandate (1920–1948), Britain issued the Balfour Declaration, reflecting its strategy to gain Jewish support.
In 1948, the state of Israel came into being on the world map, marking a defining moment in modern Middle Eastern history. This also marked the beginning of conflicts in the region.
In 1947, the United Nations proposed a plan for partition to address tensions between Jews and Arabs in Palestine. The plan, known as UN Resolution 181, suggested dividing the territory of Palestine into two separate states.
One was to be a Jewish state, and the other an Arab state, with Jerusalem designated as an international city under UN administration. Jewish leadership accepted the plan and viewed it as a legitimate step, while Arab states rejected it, opposing any division of Palestine to create a Jewish state.
On 14 May 1948, Israel declared independence, prompting a coalition of Arab states to invade the newly formed state. This led to the 1948 Arab-Israeli War, referred to by Palestinians as "Nakba" (The Catastrophe).
During this conflict, approximately 700,000 Palestinians were displaced and became refugees in neighbouring Arab countries or in the West Bank and Gaza Strip. They lost their homes, land, and livelihoods.
Post-1948 developments included the Six-Day War of 1967, fought between Israel and Egypt, Jordan, and Syria. As a result, Israel defeated these countries and captured the West Bank, East Jerusalem, the Gaza Strip, and the Golan Heights.
In the 1990s, the Oslo Accords were signed, marking the first direct negotiations between Israel and the Palestine Liberation Organization (PLO). The accords established a framework for Palestinian self-governance in parts of the West Bank and Gaza Strip.
Today, the Israeli-Palestinian conflict remains unresolved. Israeli settlements in the West Bank and East Jerusalem have expanded, complicating prospects for a two-state solution.
The Gaza Strip remains under an Israeli blockade, with periodic escalations of violence between Israel and Hamas, the governing authority in Gaza. Both regional and global actors have failed to provide any resolution to the conflict.
International Law and the Israel-Palestine Conflict
The term "occupied territories," as defined by The Hague Regulations of 1907 and the Fourth Geneva Convention of 1949, refers to areas under the control of an adversarial military force.
After the Six-Day War in 1967, Israel gained control over the West Bank, East Jerusalem, and Gaza. These regions are broadly recognised as occupied territories under international law, though Israel occasionally disputes this designation.
The status of East Jerusalem, the West Bank, and Gaza remains a matter of contention, with the United Nations recognising them as part of the occupied Palestinian territories. United Nations Resolution 242, adopted in 1967, is a cornerstone of the peace process.
It advocates for Israel's withdrawal from the territories occupied during the war and emphasises that land cannot be acquired through military means. However, the resolution's application has been contentious, with Israel raising concerns related to demographics and security.
The Fourth Geneva Convention (1949) outlines vital protections for civilians. Recent sessions of the UN General Assembly have revisited critical issues, highlighting the necessity for a comprehensive solution to the refugee crisis.
The status of Jerusalem remains one of the most contentious aspects of the conflict. According to international law, East Jerusalem is classified as occupied territory, and its future must be determined through direct negotiations.
The International Criminal Court (ICC) has initiated investigations into alleged war crimes committed by both Israeli forces and Palestinian armed groups. In 2023, these investigations came under increased scrutiny due to new allegations stemming from recent escalations in violence.
Israel challenges the ICC's jurisdiction, arguing that Palestine does not possess the sovereignty required to delegate such authority. Palestinians continue to experience significant human rights violations, including severe movement restrictions imposed by checkpoints and blockades.
Access to essential resources such as water, education, and healthcare is often unequal, with systemic discrimination present. Meanwhile, Israeli civilians, particularly those living in border areas, face threats from rocket attacks and incursions by militant groups.
Reports from organisations like Amnesty International and Human Rights Watch have documented extensive violations committed by both sides.
The Way Forward
Tackling the Israel-Palestine conflict requires a well-rounded strategy that considers historical issues, current political situations, and legal frameworks.
A widely supported option is the Two-State Solution, which aims for two separate states based on pre-1967 borders, with some land swaps agreed upon. This plan would involve setting clear borders, making Jerusalem a shared city or one governed internationally, and putting strong security measures in place.
Addressing the refugee situation is also crucial, considering compensation, limited returns, or resettlement options. Another, albeit more debated, idea is the One-State Solution, which suggests creating a single democratic state where all citizens have equal rights.
While this could solve issues of sovereignty and equality, it faces significant political resistance. International mediation from groups such as the UN and the EU is vital for building trust.
Initiatives like joint economic projects or cultural exchanges could help reduce tensions. Addressing humanitarian needs by lifting the Gaza blockade while ensuring security and increasing international aid is essential.
Additionally, regional cooperation, especially with Arab nations normalising ties with Israel, could help push for a fair resolution. Upholding international law, including UN resolutions and the Geneva Conventions, and using mechanisms like the ICC could promote accountability and justice for all parties involved.
Supporting grassroots movements and civil society efforts to encourage dialogue and break down stereotypes may also be crucial in fostering lasting peace.
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