Does the Palestinian Authority have any obligations under international humanitarian law?

The Palestinian Authority (PA) is not a government of a sovereign, recognized state. It cannot be a state party to the different conventions that compose international humanitarian law (IHL). Therefore the main channel through which IHL applies to the PA is through individual criminal responsibility set out in international law, as in the case of grave breaches etc.

Since the PA is a legal entity, which controls to some extent people and territory in the oPt, it can carry some responsibilities according to international law. Separated from the PA, the Palestinian Liberation Organization (PLO) which is the internationally recognized representative of the Palestinian people, may also carry some responsibilities under international law.

Obligations in relation to the struggle for self-determination

Moreover, the Palestinian Authority has obligations in relation to the struggle for self-determination. The struggle for freedom from occupation should always be done in accordance with IHL.

Read more about IHL in the struggle for self-determination

Read more about occupation

It can be mentioned here that in some cases, leaders of armed groups may be liable under the rule of “Command Responsibility” for acts done by their subordinates.

There are several armed groups in the oPt, which do not all affiliate themselves with the PA or the PLO. The acts of groups who are not connected to the PA or the PLO cannot be attributed to them.

The Palestinian Authority's responsibility towards its own population   The representative of the people The PA has responsibility towards its own constituency – the Palestinian people – based on other legal bases than IHL. For example, PA has a responsibility based on the principle of representation where government representatives carry responsibility vis-a-vis the will of the people. Human rights The PA also has a responsibility towards its population under human rights law. As such, it has the obligation to exert every effort to ensure that the Palestinian people would enjoy all rights and benefits stated in IHL and human rights covenants under its authority. Any violation of human rights by the PA towards Palestinians should be examined under the test of effective control. Only in those areas where the PA activates effective control, can it be regarded as carrying responsibility for violations. The PA as the formal government of the Palestinian people in the oPt under the Oslo Agreements should not undermine the people’s rights and benefits under IHL and human rights laws. Read more about human rights law Read more about the Oslo Agreements