Tag: Hague Convention

In the discourse surrounding the status of the West Bank, the distinction between “disputed” and “occupied” territories often becomes a focal point. Advocates for Israel frequently argue the term “disputed” should apply, while overlooking the broader implications and definitions under international law. This blog explores the legal frameworks and precedents that solidly classify the West Bank as occupied. By delving into the sources of international law, including treaties, customs, and judicial decisions, as outlined in Article 38 of the Statute of the International Court of Justice, alongside the pivotal conventions governing the laws of war—specifically the Hague Convention of 1907 and the Geneva Conventions—we uncover the criteria that define military occupation. Moreover, despite arguments to the contrary, the status of the West Bank doesn’t pivot on the existence of a Palestinian state prior to occupation. Historical examples, the opinion of the International Court of Justice, the application of the Fourth Geneva Convention, and acknowledgments by Israeli authorities themselves corroborate the classification of the West Bank as occupied. This not only aligns with the letter of the law but also upholds the principles intended to protect civilians in such contexts, underscoring the territory’s status beyond mere dispute towards a more precise legal standing under international law.