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International Law

There are several instruments in international law which pertain to the rights of Palestinians. Both international humanitarian law and international human rights law - which protect civilians in times of occupation and safeguard human rights - uphold Palestinians rights, and the Israeli state is bound by both of these bodies of international law. The main treaty sources of international human rights law include: the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), the Conventions on Genocide (1948) and the Convention on the Elimination of Racial Discrimination (1966). Whilst the main treaty source for international humanitarian law is the Fourth Geneva Convention (1949).

In addition to the international treaties, over the past sixty years numerous UN Resolutions have been adopted in support of Palestinian rights. However, Israel, with the backing of the United States, has openly defied these Resolutions, which have consistently called upon Israel to end its ongoing violations of Palestinian rights.  Among the most significant of the UN Resolutions are:

1) UN General Assembly Resolution 181 (29 November 1947)
http://domino.un.org/unispal.nsf/...

Resolution 181 called for the partition of Palestine into an Arab-Jewish State, the internationalisation of the status of Jerusalem and the protection of the rights of minorities in both states.  

2) UN General Assembly Resolution 194 (11 December 1948)
http://domino.un.org/unispal.nsf/...

Resolution 194 upheld that 1948 Palestinian “refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return.” Resolution 194 upholds the right of return of Palestinian refugees uprooted in 1948 and it has been reaffirmed over 100 times.

3) UN Security Council Resolution 237 (14 June 1967)
http://domino.un.org/UNISPAL.NSF/...

Resolution 237 called for Israel to allow the return of 1967 Palestinian refugees.

4) UN Security Council Resolution 242 (22 November 1967)
http://domino.un.org/UNISPAL.NSF/...

Resolution 242 emphasised "the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every State in the area can live in security." Among other things, it also called for the "withdrawal of Israeli armed forces from territories occupied" and "the necessity [of] achieving a just settlement of the refugee problem."

5) UN General Assembly Resolution 3379 (10 November 1975)
http://www.un.org/documents/ga/res/30/ares30.htm

Resolution 3379 reiterated the UN Declaration on the Elimination of All Forms of Racial Discrimination and its affirmation that “any doctrine of racial differentiation or superiority is scientifically false, morally condemnable, socially unjust and dangerous” and determined that “Zionism is a form of racism and racial discrimination.”

Despite the adoption of these and other resolutions passed throughout the years, the lack of political within the members on the United Nations and the international community will to enforce these resolutions has resulted in the denial of justice for Palestinians.

Links:

• Al-Haq – International Law
  http://www.alhaq.org/etemplate.php?id=57
• Adalah – International Advocacy
  http://www.adalah.org/eng/intladvocacy2007.php
• Jews for Justice for Palestine – Israel and International Law
  http://www.jfjfp.org/factsheets/geneva4.htm
  
• International Committee of the Red Cross – International Humanitarian Law and Human Rights
  http://www.icrc.org/Web/Eng/siteeng0.nsf/...
• Universal Declaration of Human Rights
  www.unhchr.ch/udhr/lang/eng.htm
• Fourth Geneva Convention
  http://www.icrc.org/ihl.nsf/CONVPRES?OpenVieww

Suggested Readings:

• Quigley, John (2005). The Case for Palestine: An International Law Perspective. Duke University Press.
• Takkenberg, Lex (1998). The Status of Palestinian Refugees in International Law. Clarendon Press.
• Boling, Gail .J. (2001). The 1948 Palestinian Refugees and the Individual Right of Return: An International Law Analysis. Badil Resource Center, Brief No. 8.
  http://www.badil.org/Publications/Legal_Papers/RoR48.pdf
  (Acrobat reader required)
• Kagan, Michael (2005). Do Israeli Rights Conflict with the Palestinian Right of Return? Badil Resource Center, Working Paper No.10,
  http://www.badil.org/Publications/Legal_Papers/WorkingPapers/WP-E-10.pdf
  (Acrobat reader required)

Recommended Articles:

• Halper, Jeff (2002). “Israeli Violations of Human Rights & International Humanitarian law in the Occupied Territories.” From Occupied Palestine.
  http://www.fromoccupiedpalestine.org/node/184
• Akram, Susan (2000). “Reinterpreting Palestinian Refugee Rights Under International Law, and a Framework for Durable Solutions.” Badiil Resource Center, Information & Discussion Brief Issue No. 1.
  http://www.badil.org/Publications/Briefs/Brief-No-01.htm

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