Compliance of International Humanitarian Law Provisions with Prolonged Occupation: Case of Israeli Occupation of Palestine رسالة ماجستير

Abstract

The humanity has suffered from wars since ancient times, these wars were a means by which states control new states or territories, and the phenomenon of military occupation arose as a result of these wars, without any legal framework controlling or regulating these behavior and phenomenon, thus the need for a legal framework regulating both the duties of the occupier and the rights of the occupied people and territories arose. A legal framework that regulates this phenomenon emerged and it’s called international humanitarian law. Although these rules organized the occupation and laid down characteristics, principles and controls for it, they are often violated, and the violation of one of the main principle of temporary nature of the occupation, resulted in the emergence of a new situation called prolonged occupation. There is nothing in these rules that stipulates in one way or another the regulation of this case due to its recentness and the lack of occurrence. This constitutes a major dilemma in determining the compatibility and compliance of the rules of international humanitarian law and their applicability to cases of long-term occupation, especially the case of the Israeli occupation of Palestine as it represents a unique situation in our contemporary time. This occupation spanned more than five decades and requires reviewing the actions of this occupation and their compatibility with the rules of international humanitarian law. Searching in means or interpretations for the rules that already exist that comply with the nature of this prolonged occupation. For the best interest of Palestinian considering the dangerous ramification of the longevity of Israeli occupation on Palestine.