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Since international humanitarian law (IHL) applies to the occupied Palestinian territory (oPt), Israel, as the occupying power, has legal obligations towards Palestinian protected persons. These IHL obligations include positive actions as well as limitations on the use of power over the occupied population.
 Read more about the occupying power
Read more about protected persons
Israel's obligations after the Oslo Agreement and the Gaza disengagement
Following the establishment of the Palestinian Authority (PA) under the Oslo Agreements in 1993, and the Gaza Disengagement Plan in September 2005, discussions arose regarding the scope of IHL obligations on the parties. These changes on the ground do not result in the suspension of the law of occupation. However relevant adaptations need to be made. Israel's specific positive IHL obligations towards the civilian population, such as the active duty to ensure public order inside the Gaza Strip, are consequently limited. This is similar to Israel’s IHL responsibilities in areas that are designated as area A and B under the Oslo Agreements. The adaptation of the level of responsibility does not change the status of the territory as occupied.
To Wikipedia and more information about the Palestinian Authority
Read more about the Oslo Agreements
Read more about the Gaza Strip and the Disengagement Plan
Read more about the law of occupation
Israel's main limitations on the use of power
- To follow restrictions on the means and methods of warfare.
Read more about means and methods of warfare
- The occupying power is prohibited from destroying any property unless it is absolutely necessary by military operation (article 53 IVGC)
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Read more about the responsibilities of the occupying power
To ICRC and Article 53
Movement should not be limited unless the security of the population or imperative military reasons so demand.
Transfer of civilians from the territory of the occupying power to the occupied territory (settlements) is prohibited.
Read more about transfer of civilians
Read more about settlements |
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Israel's main legal obligations:
- An overall duty to protect Palestinian civilians from the dangers of the armed conflict.
- Israel must provide resources for the protection of children and their upbringing (schools etc.) Israel must co-operate with national and local authorities, taking any measures necessary to facilitate the identification of children and ensure that they receive adequate support (article 50 IVGC).
To ICRC and Article 50
Read more about Israel's main legal obligations |
Jayyous seam zone, November 2005.
Photo: Matilda Svensson, EAPPI |
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