Israel’s de facto annexation of Palestinian territory


(MENAFN – Palestine News Network) 380 Views

Bethlehem / PNN /

Today, Al-Haq is releasing its final questions and answers on “Israel’s de facto annexation of Palestinian territory.” The publication provides an important overview of the de facto annexation law. It further explains how, since 1967, the Israeli parliament (the Knesset) has increasingly extended its sovereign authority over the West Bank, through legislative acts, in violation of its limited administrative authority as a belligerent occupier and equivalent to a de facto annexation. In addition, it examines violations of international humanitarian law amounting to war crimes and crimes against humanity by Israel as the occupying Power which, taken together, can be considered to constitute a package of permanent measures amounting to an annexation of made.

The first part of the questions and answers explains the provisions of international law governing annexation as an act of aggression and provides in detail the case law of the International Court of Justice, governing de facto annexation. Article 2 (4) of the Charter of the United Nations of 1945 enshrines the prohibition on the acquisition of territory by force, declaring that “ all Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner incompatible with the purposes of the United Nations ”. During the belligerent occupation, acts of annexation are specifically prohibited under Article 47 of the Fourth Geneva Convention.

A de facto annexation situation arises through the adoption of a series of measures and actions on the ground which indicate the implicit intention of the Occupying Power to permanently incorporate the occupied territory. In this regard, the application of the internal law of the annexing State, brief measures of direct incorporation will be tantamount to a de facto annexation. The term “ de facto annexation ” is well understood as acts giving rise to annexation and is specifically mentioned in the case law of the International Court of Justice (ICJ), United Nations war crimes commissions, proceedings special UN, European Parliament, and EU fact-finding missions.

The clearest recognition of the concept of “de facto annexation” can be found in the ICJ Advisory Opinion on the Legal Consequences of the Construction of the Wall in the Occupied Palestinian Territory, in which the Court concluded: Assurance given by Israel that the construction of the wall does not amount to an annexation and that the wall is of a temporary nature … he cannot nevertheless remain indifferent to certain fears which have been expressed to him that the route of the wall will prejudge the future border between Israel and Palestine, and the fear that Israel might integrate the settlements and their means of access. The Court considers that the construction of the wall and its associated regime create a “ fait accompli ” on the ground which may well become permanent, in which case, and notwithstanding the formal qualification of the wall by Israel, this would amount to de facto annexation. ”

The second part examines how the Israeli colonial project is achieved through the continued expansion of Israel into the Palestinian lands of the Occupied Palestinian Territory, i.e. the West Bank, including East Jerusalem and the Gaza Strip. The fragmentation of the Palestinian territories and the separation of Palestinian communities from each other has a negative impact on health care, in violation of article 12 (1) of the ICESCR on the right to the enjoyment of the highest standard of physical and mental health. possible. Overall, limitations on Palestinian freedom of movement and access to land, services and livelihoods also threaten to exacerbate the unemployment crisis and reduce economic activity.

Throughout 2019, Al-Haq documented a sharp increase in house demolitions and forced transfers in Area C as Israel prepared to implement the so-called ‘peace plan for prosperity’ and a de jure annexation of large swathes of Area C in July. 2020. Of the 362 public and private structures demolished across the West Bank, 36% of documented demolitions were homes located near illegal Israeli settlements, the annexation wall, planned settlement areas, or land threatened with confiscation. As a result, 669 Palestinians, including 271 children, were displaced.

As the COVID-19 pandemic cut Palestine off from the world, Israel stepped up house demolitions. In 2020, the Israeli occupation forces demolished a total of 535 private and public structures, double the annual number of demolitions of any year in the previous ten years. This reflected the change in Israel’s colonization plans, given the green light by US President Donald Trump, and which has continued at a pace since.

Al-Haq calls on third states and the international community to address the root causes of Israel’s prolonged occupation and take concrete steps to end the de facto annexation of the West Bank and end the regime. institutionalized racial discrimination apartheid against the Palestinians as a whole. An important first step is for third States not to recognize illegal acts of de facto annexation as lawful and to take concrete steps not to provide aid or assistance in maintaining the illegal de facto annexation, including through through countermeasures and economic sanctions.

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