The Endless Occupation: A Systematic Violation of Rights and Law in the Palestinian Territories
The Palestinian issue, at its heart, is a story of dispossession, displacement, and continuous military occupation. This is not a conflict between two equal parties, but a narrative of an occupying power and a people struggling to achieve their fundamental rights, including the right to self-determination. The Israeli occupation of the West Bank, the Gaza Strip (which, despite the 2005 settler withdrawal, remains under a siege that constitutes a form of occupational control), and East Jerusalem in 1967 was a turning point that transformed this injustice into a daily and systematic reality for millions of Palestinians. This occupation, now lasting over half a century, is explicitly illegal under international law and numerous United Nations resolutions, and is recognized as the primary obstacle to achieving a just and lasting peace.
This text will examine the various dimensions of this occupation, the legal foundations of its illegality, and its devastating impact on the lives of the Palestinian people.
The Historical Roots of the Occupation
To understand the current situation, one must look at two key historical moments:
1. The Fall of the Ottoman Empire and the Start of the British Mandate:
The roots of this conflict can be traced back to the aftermath of World War I and the collapse of the Ottoman Empire. For centuries prior, Palestine had been under Ottoman rule, where diverse populations of different faiths lived alongside one another, albeit with some tensions. With the fall of the Ottoman Empire, Palestine came under the British Mandate. This period coincided with the 1917 Balfour Declaration, in which the British government pledged its support for the establishment of a "national home for the Jewish people" in Palestine. This declaration, which disregarded the civil and political rights of the vast Palestinian Arab majority, paved the way for large-scale, organized Jewish immigration to Palestine. It altered the region's demographic fabric and laid the foundation for future conflict and the dispossession of the Palestinian people. In effect, the British Mandate period was a transitional phase that stripped control of the land from its indigenous inhabitants and enabled the Zionist movement to pursue its objectives.2. The 1948 Catastrophe (Al-Nakba): With the establishment of the state of Israel in 1948, over 750,000 Palestinians were driven from their homes and lands, and hundreds of Palestinian villages and towns were destroyed or depopulated. This event, which Palestinians call "Al-Nakba" (The Catastrophe), laid the foundation for the Palestinian refugee crisis that persists to this day. This mass displacement set the stage for future conflicts.
3. The 1967 Six-Day War and the Beginning of the Occupation: During the war in June 1967, Israel captured and placed under military occupation the West Bank (including East Jerusalem) from Jordan, the Gaza Strip and the Sinai Peninsula from Egypt, and the Golan Heights from Syria. While the Sinai was later returned to Egypt, the other territories have remained under occupation. This moment marked the beginning of the military occupation of lands that, according to the 1947 UN Partition Plan, were intended to be part of a future Arab-Palestinian state or were under the control of neighboring countries. Since then, Israel has maintained full military, administrative, and economic control over these areas.
The Legal Basis for the Illegality of the Occupation and Settlements
The international community, including the United Nations, the International Court of Justice (ICJ), and human rights organizations, has consistently affirmed the illegality of Israel's actions in the Occupied Palestinian Territories. This illegitimacy is based on several key principles:
1. UN Security Council Resolution 242 (1967):
This resolution, a cornerstone of diplomatic efforts to resolve the conflict, emphasizes "the inadmissibility of the acquisition of territory by war" and calls for the "withdrawal of Israeli armed forces from territories occupied in the recent conflict." More than five decades later, Israel has not only failed to withdraw but has entrenched its presence by building settlements.
2. The Fourth Geneva Convention (1949):
This convention, designed to protect civilians in times of war and occupation, is explicitly violated by Israel's actions. Article 49 of the Fourth Geneva Convention clearly states:
"The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies."
The construction of over 250 illegal settlements and outposts for more than 700,000 Israeli settlers in the West Bank and East Jerusalem is a direct and flagrant violation of this article. These settlements are not only illegal but also serve as a tool to fragment Palestinian land, expropriate natural resources (water and land), and render the formation of a viable, contiguous Palestinian state impossible.
3. Other UN Resolutions:
Dozens of other resolutions have reinforced this position. For example:
Security Council Resolution 446 (1979): Determines that the Israeli settlements have "no legal validity" and constitute a "serious obstruction to achieving a comprehensive, just and lasting peace."
Security Council Resolution 2334 (2016): Reaffirms that the settlements have "no legal validity" and constitute a "flagrant violation under international law," demanding that Israel immediately and completely cease all settlement activities.
4. The International Court of Justice (ICJ) Advisory Opinion (2004):
The ICJ, the UN's highest judicial body, declared in its advisory opinion on the separation wall built by Israel in the West Bank that the construction of the wall and its associated regime violate international law. The Court also confirmed that Israeli settlements in the Occupied Palestinian Territory are illegal.
The Human Consequences of Occupation: Apartheid in Practice
The occupation is not merely a legal concept; it is a harsh, daily reality that affects every aspect of Palestinian life. Prestigious human rights organizations like Amnesty International and Human Rights Watch have described the system imposed on Palestinians as "apartheid," because one ethnic group (Israeli Jews) enjoys superior rights and privileges while another (Palestinian Arabs) is subjected to systematic domination and oppression.
This apartheid is evident in the following ways:
1. Severe Restrictions on Freedom of Movement:
Palestinians in the West Bank face a complex web of military checkpoints, roadblocks, settler-only roads, and the separation wall. This system has fragmented Palestinian territories into isolated cantons or "Bantustans." Getting to work, school, a hospital, or visiting family can take hours or be entirely impossible. These restrictions have paralyzed the Palestinian economy and created a constant sense of imprisonment and humiliation.
2. Land Confiscation and Home Demolitions:
Under various pretexts, such as "security needs" or declaring land as "state land," Israel confiscates Palestinian-owned land for the expansion of settlements or military infrastructure. Simultaneously, the policy of demolishing Palestinian homes for lacking building permits (which are nearly impossible for Palestinians to obtain) is widely implemented. This policy has left thousands of families homeless and amounts to a form of gradual ethnic cleansing.
3. Settler Violence and Judicial Impunity:
Extremist Israeli settlers, often protected by the Israeli army, regularly attack Palestinians, their olive groves, homes, and property. These attacks are rarely prosecuted by Israeli authorities, and the perpetrators enjoy near-total impunity. This has created an atmosphere of fear and insecurity for Palestinian communities.
4. A Dual Legal System:
In the West Bank, two separate legal systems operate: Israeli settlers are subject to Israeli civil law, while Palestinians are governed by harsh Israeli military law. A Palestinian can be held in "administrative detention" (imprisonment without charge or trial) for months or even years, whereas an Israeli settler who commits a similar crime would be tried in a civilian court. This blatant discrimination is a hallmark of an apartheid system.
5. The Occupation and "Judaization" of East Jerusalem:
East Jerusalem, which is part of the occupied territories under international law, is the spiritual, cultural, and political capital for Palestinians. Through its illegal annexation of this part of the city, Israel has pursued systematic policies to alter its demographic composition in favor of a Jewish majority. These policies include:
Revoking the residency permits of Palestinians.
Demolishing homes and evicting Palestinian families (as seen in Sheikh Jarrah).
Restricting Palestinian construction.
Massively expanding Israeli settlements in and around East Jerusalem.
Restricting access for Muslims and Christians to their holy sites.
Legitimate Resistance to Occupation
International law recognizes the right of a people under occupation to resist the occupying force. Palestinian resistance has taken many forms over the decades, from popular protests and civil disobedience (like the First Intifada) to cultural and diplomatic struggles, as well as armed resistance.
While the international community may disagree on the methods of resistance, it must not be forgotten that the root of any violence is the occupation itself. As long as oppression, injustice, and the denial of fundamental rights persist, resistance will continue as a natural and legitimate response. To ignore the context of the occupation and focus solely on Palestinian actions is to present a flawed and unjust narrative of reality.
The Path Forward is Ending the Occupation
Peace in Palestine and Israel is impossible without ending the military occupation and redressing historical injustices. A sustainable solution must be based on the principles of international law and human rights:
A Complete End to the Occupation: Israel must withdraw to the 1967 borders, ending its military and administrative control over the West Bank, Gaza Strip, and East Jerusalem.
Dismantling the Settlements: All Israeli settlements in the occupied territories must be dismantled, as they are illegal and the primary obstacle to peace.
Establishment of an Independent Palestinian State: The Palestinian people have the right to establish their own sovereign, democratic, and contiguous state with East Jerusalem as its capital.
A Just Solution for the Refugee Issue: A solution based on UN General Assembly Resolution 194 must be found, guaranteeing the right of return for Palestinian refugees or providing them with compensation.
Ignoring these principles and attempting to "manage the conflict" instead of "resolving it" will only perpetuate the cycle of violence, oppression, and suffering. Supporting the Palestinian people is to support justice, the rule of law, and human dignity. The world cannot forever turn a blind eye to the longest military occupation in modern history. The time has come for the international community to move beyond verbal condemnations and take effective action to hold Israel accountable and realize the inalienable rights of the Palestinian people.