State Immunity in International Law: The Trial of the State of Palestine Before the Israeli Judiciary رسالة ماجستير

Abstract

This thesis examines the principle of state immunity within the framework of international law , with a focus on its significance and impact in the context of the Israeli Palestinian conflict. The study aims to assess whether Palestine can successfully invoke state immunity in Israeli courts, particularly in civil cases involving accusations of human rights violations such as illegal detention and torture. The research follows a doctrinal legal methodology, which includes an in-depth analysis of primary and secondary sources such as international treaties, case law, and customary international law. The study also employs comparative analysis by evaluating how state immunity is applied in other jurisdictions like the United States, United Kingdom, and Germany. Additionally, the thesis incorporates a case study focusing on Palestine‘s legal status in relation to state immunity claims in Israeli courts. The results indicate that Palestine‘s ability to claim state immunity in Israeli courts is heavily influenced by political considerations, particularly in the context of the Israeli Palestinian conflict. Israeli courts have frequently denied Palestine's immunity claims due to its disputed statehood, and the courts often prioritize security concerns over the principles of international law. This creates a complex and challenging environment for the consistent application of the doctrine of state immunity. VI The thesis concludes by recommending that Palestine pursue further involvement in international legal frameworks, such as acceding to the United Nations Convention on Jurisdictional Immunities of States and Their Property, to strengthen its claims to sovereign immunity. It also suggests that Palestine seek an advisory opinion from the International Court of Justice (ICJ) to clarify its legal standing in relation to state immunity. Finally, the study advocates for a reassessment of the Oslo Accords, particularly their economic provisions, to allow Palestine more control over its own resources and enhance its international legal status.