The Impact of the Prolonged Israeli Occupation on the Effectiveness of the Applicability of the Hague and Fourth Geneva Conventions in the Occupied Palestinian Territories

Abstract

This thesis aimed to determine the legal framework governing the state of occupation, and to indicate the legality of the Israeli occupation of Palestinian territories under the law of war justifications, and under international humanitarian law, and aimed to clarify the characteristic that distinguished this occupation from other occupations in the world, which is that it is long-term, The thesis also aimed to find out the responsibility of Israel, third countries and the United Nations towards ending this occupation. The researcher used the descriptive analytical method, and the researcher used the relevant reports on the situation in the occupied Palestinian territories, issued by the United Nations, international institutions and independent civil society organizations in Palestine and Israel. As well as the opinions of experts in international law, the researcher based his findings on the rules of international law, including the Hague Regulations of 1907, the rules of the Fourth Geneva Convention of 1948, as well as on UN resolutions, including those issued by the International Court of Justice, including its advisory opinion issued in 2024 "on the legal effects resulting from the policies and practices of the Israeli occupation in the occupied Palestinian territories", in addition to the court's rulings in similar cases, and to the relevant UN resolutions. The thesis concluded that the Israeli occupation arose from the illegal use of military force under the War Justifications Law, and Israel was not in a state of self defense in the 1967 war, but rather it was the one that began the aggression against Egypt, and despite this conclusion reached by the researcher, but it was assumed that the Israeli occupation arose from the legitimate use of force, and moved to analyze its policies and practices in the occupied Palestinian territories, and the researcher concluded that the continuation of the Israeli occupation is illegal under International humanitarian law. In the last chapter, the researcher explained the responsibility of Israel, third countries and the United Nations for ending the Israeli occupation