MIFTAH
Thursday, 25 April. 2024
 
Your Key to Palestine
The Palestinian Initiatives for The Promotoion of Global Dialogue and Democracy
 
 
 

Coordinated and edited by the Palestinian Independent Commission for Citizen's Right (PICCR)

Introduction: Applicability of the ICCPR to the West Bank and the Gaza Strip

Israel has traditionally argued before UN treaty monitoring bodies that it has no obligation to ensure compliance with the major human rights conventions in the OPTs. Israel usually bases this argument on several grounds. First, Israel traditionally argues that the majority of the Palestinians living in the OPTs reside in the "Area A," which under the Oslo process has ostensibly been transferred to the security control of the Palestinian Authority (PA). Secondly, Israel has also argued in the past that human rights law generally does not apply in the OPTs and that only international humanitarian law applies.

Major UN bodies, including treaty-monitoring bodies, have uniformly rejected such arguments by Israel in the past. It is clear legally speaking that Israel has not relinquished full sovereign control over the OPTs to the PA. While many powers have been transferred by Israel to the Palestinian Authority it is abundantly clear that Israel still retains the ability to intervene in those areas under the administrative control of the PA. In fact, not only does Israel have the ability to do so, they have in actual fact done precisely that repeatedly within the last years.

Furthermore, as UN Special Rapporteur John Dugard remarked in his report on the situation of human rights in the Palestinian territories occupied by Israel since 1967 (following his visit to the region in February 2002), such an argument irtakes no account of Article 47 of the Fourth Geneva Convention, which provides that protected persons in an occupied territory shall not be deprived iein any case or in any manner whatsoeverl, of the benefits of the Convention by any change to the government of the territory resulting from an agreement concluded between the authorities of the occupied territories and the Occupying Power.ln 1

Legally speaking, Israel still maintains full control over entry into and exit from the entire OPTs. Foreign visitors to any area in the West Bank and Gaza Strip must obtain a visa and permission to enter the area from the Israeli authorities; there is no equivalent Palestinian authority able to authorize visits. Israel retains control over all entry and exit points of Palestinian cities through a system of military checkpoints. These checkpoints mean that all movement of people, goods and labor is controlled by the Israeli military. There is no direct access to the outside world that is not mediated by the Israeli government. This means that Israel retains direct control over the Palestinian economy and social life. The permanent military presence and checkpoint system indicates that, in practical terms, Israel retains control over all areas of the West Bank and Gaza Strip.

 
 
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