International Governments on the Illegality of Israeli Occupation of Palestinian Territory from 1967 to the Present
- Out of all 193 state member states at the United Nations, in December 2014 only seven voted against the conclusion that Israeli settlements are illegal (Israel, it’s two closest allies the US and Canada, and four Pacific Island micro-states). Full the full resolution see here. For the vote count see here.
- Israeli Ministry of Foreign Affairs Legal Adviser, Theodor Meron: Settlement in the Administered Territories (1967). Mr. Meron also recently restated this position.
- Australian Department of Foreign Affairs and Trade legal advisors: Israeli Settlement Activity, tabled in the Senate Standing Committees on Foreign Affairs, Defence and Trade, 14 February 2013
- US State Department in December 2016 officially reaffirmed that the settlements are illegal under international law. This was established in 1978 by US State Department Legal Adviser, Herbert J. Hansell: Letter of the State Department Legal Advisor, Mr. Herbert J. Hansell, Concerning the Legality of Israeli Settlements in the Occupied Territories. The US also confirms that both Gaza and the West Bank are under Israeli occupation
- US State Department: Israeli occupation forces control the borders between the West Bank and Jordan. Israeli occupation forces severely restrict or ban from entering Israel and the West Bank people they suspect of being of Arab, Middle Eastern, or Muslim racial or religious background. People suspected of being of Arab, Middle Eastern, or Muslim background also face special intensive interrogation by Israeli occupation forces at the borders into Israel and the West Bank.
- UK Foreign and Commonwealth Office, Secretary of State for Foreign and Commonwealth Affairs William Hague: Making progress on the Middle East Peace Process
- Canadian Department of Foreign Affairs, Trade and Development: Canadian Policy on Key Issues in the Israeli-Palestinian Conflict
- European Union (EU) Foreign Affairs Council (council of EU states’ foreign ministers): Council conclusions on the Middle East Peace Process. Also see here.
- EU Delegation to Israel “We condemn the recent Israeli decisions to approve a plan for new settlement activity in Givat Hamatos and to allow for further settlement expansion in the neighbourhood of Silwan in East Jerusalem. This represents a further highly detrimental step that undermines prospects for a two-state solution and calls into question Israel’s commitment to a peaceful negotiated settlement with the Palestinians.” (Read here, Oct 2014)
- EU Foreign Affairs Council: Expresses “deep concern” about settlement construction and other aspects of the Occupation “which threaten to make a two-state solution impossible” (Read here, May 2012)
- EU foreign policy chief Catherine Ashton: “EU’s long-standing position about settlements:” which includes that“settlements are illegal under international law and threaten to make a two-state solution impossible. The EU has repeatedly urged the Government of Israel to immediately end all settlement activities in the West Bank, including in East Jerusalem” (Read here, May 2013)
- EU envoy to Israel Lars Fabourg-Andersen: Regarding EU states’ warning to citizens against doing business with Israeli settlements in the West Bank, in East Jerusalem, and in the Golan Heights (see below in Section B): The warnings, “should not come as a surprise,” and EU member states “are losing their patience with concerns not being treated” by Israel. “The EU is more consistently implementing existing policy, and taking further steps to disengage from the settlements”. Andersen added that if settlement construction continues additional EU member states will publish similar warnings against doing business with the settlements (Read here, June 2014)
- Dutch Foreign Minister: “Expansion of settlements is the greatest threat to a two-state solution” and Israeli settlements are “in violation of international law” (Read here, (Dutch) November 2012)
- United Nations Security Council: See resolutions 446, 452 and 465. Shortly after Israel’s occupation of Palestinian territory began in 1967 the Security Council found that Israel is legally obliged to abide by the Fourth Geneva Convention on The Protection of Civilian Persons in Time of War in its occupation of Palestinian territory. See resolution 237. Security Council resolutions since then have identified Israeli violence and other behaviour which violate Israel’s obligations under the Fourth Geneva Convention in its occupation of Palestinian territory. See resolutions 446, 681, 799, 904.
- Group of 77, the major block in United Nationals General Assembly comprising of 134 members countries of the United Nations: The Ministers for Foreign Affairs of the Group of 77 and China at the Thirty-eighth Annual Meeting of Ministers (26 September 2014): “expressed deep concern about the further decline of the social and economic conditions of the Palestinian people as a result of illegal Israeli practices, which include but are not limited to, the continuing colonization of Palestinian land by Israel, the occupying Power, in grave breach of international humanitarian law, the Rome Statute of the International Criminal Court as well as a flagrant violation of relevant United Nations resolutions and disrespect of the Advisory Opinion of the International Court of Justice. In this connection, the Ministers demanded a halt of Israel’s confiscation of Palestinian property and construction and expansion of Israeli settlements and the Wall. They also expressed grave concern over the frequent acts of violence, terror and incitement against Palestinian civilians and the destruction of the Palestinian properties by Israeli settlers in the Occupied Palestinian Territory, including East Jerusalem, and called for action to hold the perpetrators accountable for these crimes.”
- African Union, Executive Council, Decisions: Twenty-Second Ordinary Session 21 – 25 January 2013
- Association of Southeast Asian Nations (ASEAN): Joint Communiques from Twenty-Fourth ASEAN Ministerial Meeting and Thirty-First ASEAN Ministerial Meeting
- The Non-Aligned Movement, which is made up of 120 member countries, Committee on Palestine: NAMXIII/Summit/Statement Palestine 25 February 2003 Statement of the XIII Non-Aligned Movement Summit on Palestine. NAM”s Committee on Palestine has also called on it members to boycott Israeli settlements
- United Nations Secretary-General, Ban Ki-moon: Note to correspondents in response to questions about the report of the Fact Finding Mission on Israeli Settlements
- Office of the United Nations High Commissioner for Human Rights: Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan Report by the Secretary-General, August 2014
- Christine Chanet, Asma Jahangir and Unity Dow as expert independent international fact-finding mission appointed by the United Nations Human Rights Council: Report of the independent international fact-finding mission to investigate the implications of the Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem, Feb 2013
- Parties to the Fourth Geneva Convention (now numbering 196 countries): Conference of High Contracting Parties to the Fourth Geneva Convention Declaration, Dec 2001
Council conclusions on the Middle East Peace Process – See more at: http://unispal.un.org/UNISPAL.NSF/0/CF4F523080B6834B852579FE003E0234#sthash.6vma6iot.dpuf
Council conclusions on the Middle East Peace Process – See more at: http://unispal.un.org/UNISPAL.NSF/0/CF4F523080B6834B852579FE003E0234#sthash.6vma6iot.dpuf
International Law Experts on Illegality of Israeli Occupation of Palestinian Territory
- International Court of Justice, ruling of 9th July 2004: Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (official summary). “The construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, and its associated regime [i.e. Israel’s occupation and settlements in West Bank] are contrary to international law” (See here, Para 163, (3)A; July 2004). The full judgement and other case documents are here.
- Over 140 International Law Experts – Joint Declaration by International Law Experts on Israel’s Gaza Offensive: “denounce the grave violations, mystification and disrespect of the most basic principles of the laws of armed conflict and of the fundamental human rights of the entire Palestinian population committed during the ongoing Israeli offensive on the Gaza Strip. We also condemn the launch of rockets from the Gaza Strip, as every indiscriminate attack against civilians, regardless of the identity of the perpetrators, is not only illegal under international law but also morally intolerable. However, as also implicitly noted by the UN Human Rights Council in its Resolution of the 23th July 2014, the two parties to the conflict cannot be considered equal, and their actions – once again – appear to be of incomparable magnitude”.
- Human Sciences Research Council of South Africa, Democracy and Governance Programme Middle East Project expert panel: Occupation, Colonialism, Apartheid? A re-assessment of Israel’s practices in the occupied Palestinian territories under international law
- Over 30 European legal experts: LETTER TO POLICY MAKERS IN THE EUROPEAN UNION AND ITS MEMBER STATES Calling for COMPLIANCE WITH INTERNATIONAL LEGAL OBLIGATIONS Related to WITHHOLDING TRADE FROM AND TOWARD ISRAELI SETTLEMENTS
- John Dugard, Professor Emeritus of law at the Universities of Leiden and Pretoria, former Member of the International Law Commission and former United Nations Special Rapporteur on Human Rights in Palestine: Palestine and the International Criminal Court Institutional Failure or Bias?
- John Reynolds, Lecturer in Law, specialising in international law, National University of Ireland, Maynooth: Palestine and the Politics of International Criminal Justice
- Ben Saul, Professor of International Law at Sydney Law School and a Barrister, specialising in the Law of Armed Conflict: Settlements illegal under what law? Take your pick, minister. Also see his excellent piece: Australia won’t describe east Jerusalem as ‘occupied’ – and is wrong to do so
- Amy Maguire Senior Lecturer in International Law, University of Newcastle: Israel’s land grab undermines Palestinian statehood – and violates international law
- George Bisharat, Professor of Law, University of California’s Hastings College of the Law; Why Palestine Should Take Israel to Court in The Hague (the ICC)
- Bob Carr, former Australian Foreign Minister; Australian stance is not the action of a true friend of Israel
- Richard Falk, Professor Emeritus of International Law at Princeton University and current UN Special Rapporteur on Human Rights in Palestine: Israel’s Politics of Deflection: Theory and Practice
- Michael G. Kearney, Lecturer in International Criminal Law at University of Sussex and former Fellow in Law at London School of Economics: Palestine and the International Criminal Court: Asking the Right Question and Palestine and the Politics of International Criminal Justice
- George Bisharat, Professor of Law, University of California’s Hastings College of the Law: Why Palestine Should Take Israel to Court in The Hague
- Susan Akram, Professor of Law and specialist in Refugee Law at Boston University’s School of Law: The Wall and the Law: A Tale of Two Judgements
- Michael Lynk, Associate Professor of Law at the University of Western Ontario, and specialist in International Law in Israel-Palestine: The Wall and the Law: A Tale of Two Judgements
- Thirteen different professors of international law based in or from the Netherlands, formal letter to the Dutch Government: Re: territorial scope of the Netherlands-Israel Cooperation Forum
- Children in Military Custody (June, 2012), published by a delegation of nine leading UK lawyers, including former Attorney General of England, Wales and Northern Ireland, Baroness Scotland QC, and Sir Stephen Sedley (formerly Lord Justice Sedley). A follow-up to this report: Children in Military Custody – 2 Years On (Sep 2014) has been published by Defence for Children International-Palestine.
- Panel of five independent UN human rights experts reporting to the UN Human Rights Council have testified that the blockade of Gaza amounts to collective punishment and is in “flagrant contravention of international human rights and humanitarian law”, Sept 2011.
International NGOs on Illegality of Israeli Occupation of Palestinian Territory
- Palestine (State of) Amnesty International Report 2014/15, Feb 2015. (The 2013 annual report is here. Annual reports before 2013 are here.)
- ‘Trigger happy’ Israeli army and police use reckless force in the West Bank, Feb 2014
Human Rights Watch
- Prohibitions against discrimination in international law; section of their report: Off the Map; Land and Housing Rights Violations in Israel’s Unrecognized Bedouin Villages, March 2008
- Israel: Settlement Agriculture Harms Palestinian Children, April 2015
- Separate and Unequal: Israel’s Discriminatory Treatment of Palestinians in the Occupied Palestinian Territories, Dec 2010
- ‘Forget about him,he is not here’: Israel’s Control of Palestinian Residency in the West Bank and Gaza, Feb 2012: Israeli policies on Palestinian residency have arbitrarily denied thousands of Palestinians the ability to live in, and travel to and from, the West Bank and Gaza
- Off the Map: Land and Housing Rights Violations in Israel’s Unrecognized Bedouin Villages, March 2008
- Israel: Shooting Deaths after West Bank Protest, August 2014: “Since September 2000, Israeli forces have killed more than 3,000 Palestinians who did not participate in hostilities in the West Bank and Gaza, according to [Israeli human rights NGO] B’Tselem’s data. But the military justice system has convicted only six Israeli soldiers for unlawfully killing Palestinians, with seven-and-a-half months as the longest jail sentence, according to Yesh Din, another rights group.”
- Israel: Court Permits Discriminatory Evictions: Arab Villages in Israel, West Bank Face New Displacement, May 2015
International Crisis Group
- Back to Basics: Israel’s Arab Minority and the Israeli-Palestinian Conflict, March 2012
- Palestinians, Israel and the Quartet: Pulling Back from the Brink, June 2006
Russell Tribunal on Palestine
- Full conclusions of the final session, March 2013
Israeli and Palestinian NGOs on Illegality of Israeli Occupation of Palestinian Territory
B’TSelem – The Israeli Information Center for Human Rights in the Occupied Territories
- Israel’s Civil Administration steps up efforts to expel Area C Palestinian communities, Sept 2015
- Dispossession and Exploitation: Israel’s Policy in the Jordan Valley and Northern Dead Sea: Comprehensive report May 2011
Rabbis for Human Rights
Breaking the Silence
- Children and Youth – Soldiers’ Testimonies 2005-2011
- Israeli soldier testimonies 2000-2010
- Soldiers’ Testimonies from Hebron 2008-2010
Al-Haq and the Palestinian Centre for Human Rights (joint authorship)
- Position Paper on the Scope of the International Criminal Court’s Jurisdiction over the Situation in Palestine, August 2013
Gisha- Legal Center for Freedom of Movement
- The Gaza Cheat Sheet: Real Data on the Gaza Closure, August 2014
- Summary of the state of infrastructure, crossings, hospitals, water, and electricity in Gaza: Electricity outages lead to bread shortages, July 2014
- The Separation Policy: List of references prepared by Gisha, July 2014
- No construction, no jobs, Jan 2014
UN Experts and Agencies on Illegality of Israeli Occupation of Palestinian Territory
- United Nations Educational, Scientific and Cultural Organization (UNESCO) report finding that “In addition to kindergartens, primary and secondary schools and other education centres, higher education institutions were directly targeted” by Israeli military attacks during Israel’s assault on Gaza in July and August 2014 – Jan 2015: Rapid Assessment of Higher Education Institutions in Gaza: Data Analysis Report
United Nations Resident Coordinator and Humanitarian Coordinator reporting that the demolition of Palestinian homes by Israeli military is illegal – Jan 2015: United Nations Resident Coordinator and Humanitarian Coordinator calls for an immediate halt to demolitions and forced displacement in the West Bank
- United Nations Children’s Fund (UNICEF): CAAC Bulletin – Jan 2013: Children Affected by Armed Conflict: Israel & the State of Palestine
- United Nations Children’s Fund (UNICEF): CAAC Bulletin – July 2013: Children Affected by Armed Conflict: Israel & the State of Palestine
- UN Office for the Coordination of Humanitarian Affairs, Occupied Palestinian Territory: Protection issues affecting access to education in the West Bank (March 2012)
- UN’s Special Rapporteur on the right to adequate housing, Raquel Rolnik – Feb 2012: Israel pushing Palestinians from Jerusalem, West Bank: UN report