Old page wikitext, before the edit (old_wikitext) | '{{POV|date=July 2024}}
{{Short description|Territories presently occupied by Israel since the 1967 Six-Day War}}
{{Pp-extended|small=yes}}
[[File:Israel and occupied territories map.png|thumb|right|300px|Map showing the [[Status of territories occupied by Israel in 1967|status of Israel and the Israeli-occupied territories]] {{As of|2018|lc=y}}]]
{{Israeli occupations navbox}}
[[Israel]] has occupied the [[Palestinian territories]] and the [[Golan Heights]] since the [[Six-Day War]] of 1967. It previously occupied the [[Israeli occupation of the Sinai Peninsula|Sinai Peninsula]] and [[southern Lebanon]] as well. Prior to 1967, the Palestinian territories was split between the [[Gaza Strip]] [[Occupation of the Gaza Strip by the United Arab Republic|controlled by]] [[Egypt]] and the [[West Bank]] [[Jordanian annexation of the West Bank|by]] [[Jordan]], while the Sinai Peninsula and the Golan Heights are parts of Egypt and [[Syria]], respectively. The Israeli occupation of the Palestinian territories and the Golan Heights, where Israel had transferred its parts of population there and built large [[Israeli settlement|settlements]], is the [[List of military occupations|longest military occupation in modern history]].
From 1967 to 1981, the four areas were administered under the [[Israeli Military Governorate]], and after the return of the Sinai Peninsula to Egypt after the [[Egypt–Israel peace treaty]], Israel effectively annexed the Golan Heights and East Jerusalem in 1980, and brought the rest of the [[West Bank]] and the [[Gaza Strip]] under the [[Israeli Civil Administration]].<ref>{{cite web|url=http://www.un.org/en/sc/repertoire/89-92/Chapter%208/MIDDLE%20EAST/item%2024_occupied%20arab%20territories_.pdf|title=The situation in the occupied Arab territories}}</ref>
The [[International Court of Justice]] (ICJ),<ref name="International Court of Justice" /> the [[United Nations General Assembly|UN General Assembly]],<ref name="http://unispal.un.org"/> and the [[United Nations Security Council|UN Security Council]] all regard [[List of military occupations#Contemporary occupations|Israel as the occupying power]] for the territories.<ref name=UNSC_Res_476>Strongly deplores the continued refusal of Israel, the occupying Power, to comply with the relevant resolutions of the Security Council and the General Assembly; {{cite book|author1=Ruth Lapidoth|author2=Moshe Hirsch|title=The Jerusalem Question and Its Resolution: Selected Documents|url=https://books.google.com/books?id=e93JIwTBjHgC&pg=PA351|access-date=15 January 2012|year=1994 |publisher=Martinus Nijhoff Publishers|isbn=978-0-7923-2893-3|pages=351–}}</ref> The ICJ in 2024 ruled that Israel's occupation was illegal and called for Israel to make [[Reparation (legal)|reparations]] to the people of the occupied territories.<ref name=Jacob/> UN Special Rapporteur [[Richard A. Falk|Richard Falk]] called Israel's occupation "an affront to international law".<ref>{{cite web|url=http://www.timesofisrael.com/un-expert-if-talks-fail-hague-should-opine-on-israel/|title=Controversial UN expert: If talks fail, Hague should opine on Israel|work=The Times of Israel}}</ref> The [[Supreme Court of Israel]] has ruled that Israel is [[Israeli occupation of the West Bank|holding the West Bank under "belligerent occupation"]].<ref name="domino.un.org">[https://ihl-databases.icrc.org/applic/ihl/ihl-nat.nsf/46707c419d6bdfa24125673e00508145/09d47365bd007706c12575c20046ec2a ''Beit Sourik Village Council v. The Government of Israel'']. (PDF) . Retrieved on April 4, 2017.</ref><ref>{{cite web |url=http://www.haaretz.com/israel-news/legal-expert-if-israel-isn-t-occupying-west-bank-it-must-give-up-land-held-by-idf-1.449909 |title=Legal Expert: If Israel Isn't Occupying West Bank, It Must Give Up Land Held by IDF |first=Tomer |last=Zarchin |date=July 9, 2012 |work=[[Haaretz]] |quote='If the Levy Committee is pushing the government to determine that Israel's presence in the West Bank does not violate international law, Israel is in a dangerous position facing the rest of the world,' said Sasson this morning to ''Haaretz''. ... 'For 45 years, different compositions of the High Court of Justice stated again and again that international law applies to the West Bank, which is clearly opposed to Levy's findings. This is a colossal turnaround, which I do not think is within his authority. He can tell the government that he recommends changing legal status, and that's all,' said Sasson. |access-date=March 12, 2017}}</ref> However, successive [[Cabinet of Israel|Israeli governments]] have preferred the term "disputed territories" in the case of the West Bank,<ref>[http://www.mfa.gov.il/MFA/About+the+Ministry/Behind+the+Headlines/FAQ_Peace_process_with_Palestinians_Dec_2009.htm#Settlements1 FAQ: The Peace process with the Palestinians – Dec 2009]. Mfa.gov.il. Retrieved on 2012-01-15.</ref><ref>[http://www.jcpa.org/jl/vp470.htm From "Occupied Territories" to "Disputed Territories," by Dore Gold]. Jcpa.org. Retrieved on 2012-01-15.</ref> and Israel likewise maintains that the West Bank is disputed territory.<ref name="mfafaq">{{cite web|url=http://mfa.gov.il/MFA/ForeignPolicy/FAQ/Pages/FAQ_Peace_process_with_Palestinians_Dec_2009.aspx#Settlements1 |title=Israel, the Conflict and Peace: Answers to frequently asked questions |publisher=Israel Ministry of Foreign Affairs |date=2009-12-30 |access-date=2015-01-24 |archive-url=https://web.archive.org/web/20150219075254/http://mfa.gov.il/MFA/ForeignPolicy/FAQ/Pages/FAQ_Peace_process_with_Palestinians_Dec_2009.aspx |archive-date=2015-02-19 |url-status=dead}}</ref>
Israel [[Israeli disengagement from Gaza|unilaterally disengaged from the Gaza Strip]] in 2005. The UN and a number of human rights organizations continue to consider Israel as the occupying power of the Gaza Strip due to [[Blockade of the Gaza Strip|its blockade of the territory]];<ref name="SPOKESPERSON's DAILY HIGHLIGHTS">{{cite web|title=SPOKESPERSON's DAILY HIGHLIGHTS |url=https://www.un.org/News/ossg/hilites/hilites_arch_view.asp?HighID=2059 |publisher=[[United Nations]] |access-date=29 April 2012 |url-status=dead |archive-url=https://web.archive.org/web/20120508013916/http://www.un.org/News/ossg/hilites/hilites_arch_view.asp?HighID=2059 |archive-date=8 May 2012}}</ref><ref name="AI_briefing"/><ref name="isrlpa13698"/><ref name="cnn2009-01-06"/><ref name=HRWGaza>{{cite web|title=Israel: 'Disengagement' Will Not End Gaza Occupation|url=https://www.hrw.org/en/news/2004/10/28/israel-disengagement-will-not-end-gaza-occupation|publisher=Human Rights Watch|access-date=11 May 2012|date=2004-10-29}}</ref> Israel rejects this characterization.<ref name="prosor">{{cite web|date=2014-07-18|title=Ambassador Prosor addresses the UN Security Council|url=http://mfa.gov.il/MFA/InternatlOrgs/Speeches/Pages/Amb-Prosor-addresses-the-UN-Security-Council-18-Jul-2014.aspx|url-status=dead|archive-url=https://web.archive.org/web/20150219090135/http://mfa.gov.il/MFA/InternatlOrgs/Speeches/Pages/Amb-Prosor-addresses-the-UN-Security-Council-18-Jul-2014.aspx|archive-date=2015-02-19|access-date=2015-01-24|publisher=Israel Ministry of Foreign Affairs}}</ref>
==Overview==
The significance of the designation of these territories as [[list of military occupations|occupied territory]] is that certain legal obligations fall on the [[military occupation|occupying power]] under international law. Under [[international law]] there are certain [[Military occupation#Occupation and the laws of war|laws of war governing military occupation]], including the [[Hague Conventions (1899 and 1907)|Hague Conventions of 1899 and 1907]] and the [[Fourth Geneva Convention]].<ref>[http://www.icrc.org/web/eng/siteeng0.nsf/html/634KFC Occupation and international humanitarian law: questions and answers], [[International Committee of the Red Cross]], 2004.</ref> One of those obligations is to maintain the ''status quo'' until the signing of a [[peace treaty]], the resolution of specific conditions outlined in a peace treaty, or the formation of a new civilian government.<ref name=GCIV>Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.[http://www.icrc.org/ihl.nsf/WebPrint/380-600054-COM?OpenDocument Commentary on Part III : Status and treatment of protected persons #Section III : Occupied territories Art. 47] by the [[International Committee of the Red Cross|ICRC]]</ref>
Israel disputes whether, and if so to what extent, it is an occupying power in relation to the [[Palestinian territories]] and as to whether [[Israeli settlement]]s in these territories are in breach of Israel's obligations as an occupying power and constitute a grave breach of the [[Geneva Conventions]] and whether the settlements constitute [[war crime]]s.<ref name="legal.un.org">[http://legal.un.org/icc/STATUTE/99_corr/cstatute.htm Rome Statute Of The International Criminal Court Article 8]. legal.un.org. Retrieved on 2013-10-18.</ref><ref name="icrc.org">Articles 85, 88, and 89 of Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977 [http://www.icrc.org/ihl.nsf/FULL/470?OpenDocument]</ref> In 2015, over 800,000 Israelis resided outside the 1949 Armistice Lines, constituting nearly 13% of Israel's Jewish population.<ref>{{cite web|url=http://www.israelnationalnews.com/Articles/Article.aspx/18210|title=407,118|website=Israel National News|date=9 January 2016 }}</ref>
{{Palestinian territory development}}
{|class="wikitable" style="font-size: 100%"
! !! [[Sinai Peninsula]] !! [[Southern Lebanon]] !! [[Golan Heights]]{{efn|The occupied part consists of the western two-thirds of the territory, which includes [[Mount Hermon]]. Israel has never occupied the eastern third of the Golan Heights.}} !! [[West Bank]]<br />(excluding East Jerusalem) !! [[East Jerusalem]] !! [[Gaza Strip]]
|-
| Occupation period ||align=center| 1956–1957,<br />[[Israeli occupation of the Sinai Peninsula|1967–1982]]{{efn|name=Taba|The border town of [[Taba, Egypt|Taba]] was returned in 1989 in a separate arrangement allowing Israelis to travel there free of charge.<ref>{{cite news|url=https://www.washingtonpost.com/archive/politics/1989/02/27/israel-egypt-sign-accord-on-return-of-taba-resort/f6598415-44b9-4e5d-928e-a17cd0b978b4/|title=Israel, Egypt sign accord on return of Taba resort|first=Glenn|last= Frankel|date=February 27, 1989|newspaper=[[Washington Post]]}}</ref>}} ||align=center| 1948–1949,{{Clear}}[[Israeli occupation of Southern Lebanon|1982–2000]] ||align=center| 1967–present ||align=center| 1967–present ||align=center| 1967–present ||align=center| 1956–1957,<br />1967–2005{{efn|From May 1994 (signing of the [[Gaza–Jericho Agreement]]) through August 2005 ([[Israeli disengagement from Gaza]]), Israel ceded a portion of the strip to the [[Palestinian National Authority]].}}<br />2023 – ongoing (portions){{efn|name="Current Gaza"|See [[Israeli invasion of the Gaza Strip (2023–present)]]}}
|-
| Claimed by || {{flag|Egypt}}{{efn|name=Trian and Sanafir|The occupied area included the islands of [[Tiran Island|Tiran]] and [[Sanafir Island|Sanafir]] at the mouth of the [[Gulf of Aqaba]]. Israel transferred the islands to Egypt as part of its withdrawal from the Sinai Peninsula and, subsequently, in 2017 Egypt transferred the two islands to [[Saudi Arabia]]. Israel was consulted and approved the subsequent transfer to Saudi Arabia}} || {{flag|Lebanon}} || {{flag|Syria}}<br />{{flag|Hezbollah}} ([[Shebaa Farms]], 2000–present) || {{flag|Jordan}} (1949–1988)<ref name="speech">[http://www.kinghussein.gov.jo/88_july31.html Address to the Nation]. Kinghussein.gov.jo. Retrieved on 2012-01-15.</ref><ref name="nytimes">{{cite news|url=https://www.nytimes.com/1988/08/01/world/hussein-surrenders-claims-west-bank-plo-us-peace-plan-jeopardy-internal-tensions.html?sec=&spon=&pagewanted=all |work=The New York Times |title=HUSSEIN SURRENDERS CLAIMS ON WEST BANK TO THE P.L.O.; U.S. PEACE PLAN IN JEOPARDY; Internal Tensions |first=John |last=Kifner |date=August 1, 1988}}</ref><br />{{flag|Palestine}} (1947–present) || {{flag|Jordan}} (1949–1988)<ref name="speech"/><ref name="nytimes"/>{{efn|Although renounced in 1988 its claims to East Jerusalem, Jordan still claims the [[Al-Aqsa Mosque compound]] within East Jerusalem.<ref>{{cite news| title= Jordan scrambles to affirm its custodianship of al-Aqsa mosque| url= https://www.theguardian.com/world/2020/nov/26/jordan-scrambles-affirm-custodianship-al-aqsa-mosque| date= November 26, 2020| first1= Martin| last1= Chulov| first2= Michael| last2= Safi| work=[[The Guardian]]}}</ref>}}<br />{{flag|Palestine}} (1947–present) || {{flag|Egypt}} (1949–1979)<br />{{flag|Palestine}} (1947–present)
|-
| Currently administrated by || {{flag|Egypt}}{{efn|name=Trian and Sanafir}} || {{flag|Lebanon}} || {{flag|Israel}} || {{flagicon|Palestine}} [[Palestinian National Authority|PNA]] ([[Area A|Areas A]] and B){{efn|name=Area B|Area B is under PNA civillian control and under Israeli security control.}}<br />{{flag|Israel}} (Areas B and [[Area C (West Bank)|C]]){{efn|name=Area B}} || {{flag|Israel}} || {{flagicon image|Flag of Hamas.svg}} [[Governance of the Gaza Strip|Hamas]] and {{flag|Israel}}{{efn|name="Current Gaza"}}
|-
| [[Israel]] considers it part of its territory || {{no}} || {{no}} || {{yes|Yes, as part of the [[Northern District (Israel)|Northern District]],<br />by the [[Golan Heights Law]]}} || {{partial|''[[De jure]]'' no, but ''[[de facto]]'' Israelis are allowed to live in [[Israeli settlement|settlements]] within [[Area C (West Bank)|Area C]], as a part of the [[Judea and Samaria Area]]}}{{efn|Since the occupation began in 1967, Israel applied its laws on Israeli citizens living in the West Bank with successive {{ill|Israel's law authorizing Israeli settlements in the West Bank|lt=emergency authorizations|he|תקנות שעת חירום (יהודה והשומרון – שיפוט בעבירות ועזרה משפטית)}}, each one lasting for five years. The last emergency authorization was approved in
2023.<ref>{{cite news|title=Israel's Knesset Extends West Bank Emergency Orders by Another Five Years|url=https://www.haaretz.com/israel-news/2023-01-24/ty-article/.premium/israels-knesset-extends-west-bank-emergency-orders-by-another-five-years/00000185-e4f6-d5f1-afcd-e5fe754b0000|date=24 January 2023|publisher=[[Haaretz]]}}</ref>}}{{efn|Over the years Israel had several plans to annex portions of the territory. The first plan was called the [[Allon Plan]]. The [[Proposed Israeli annexation of the West Bank|most recent plan]] was to annex 60% of the territory by July 2020.<ref>{{cite news|url=https://www.dw.com/en/israel-plans-to-annex-west-bank-territories/a-53690621|title=Israel plans to annex West Bank territories|date=June 4, 2020|first = Tania| last= Krämer}}</ref> None of the annexation plans were ever executed.}}|| {{yes}}, as undivided [[Jerusalem]] by the [[Jerusalem Law]] || {{no}}, but Israel has maintained control over the territory's border crossings, [[territorial waters]], and air space since the end of the occupation in 2005
|-
| Formerly part of the [[Mandatory Palestine|British Mandate]] || {{no}} || {{no}} || {{partial|Southern half: [[Paulet–Newcombe Agreement|until 1923]]}} || {{yes}} || {{yes}} || {{yes}}
|-
| Contains [[Israeli settlement]]s || {{no}}; evacuated in 1982{{efn|name=Taba}} || {{no}} || {{yes}} || {{yes}} || {{yes}} || {{no}}; [[Israeli disengagement from Gaza|evacuated in 2005]]{{efn|In the context of the [[Israel–Hamas war|Israel-Hamas war of 2023–2024]], some Israelis have organized with the goal of rebuilding the evacuated settlements.<ref>{{Cite AV media |title=The Israelis who campaign to occupy Gaza | publisher=DW News |type=News |url=https://www.youtube.com/watch?v=pfeLzXqL-nI |access-date=2024-01-30 |via=[[YouTube]]}} Reporting by Aya Ibrahim.</ref> }}
|}
==Sinai Peninsula==
{{Main|Israeli occupation of the Sinai Peninsula}}
Israel captured the [[Sinai Peninsula]] from [[Egypt]] in the 1967 [[Six-Day War]]. It established settlements along the Gulf of Aqaba and in the northeast portion, just below the [[Gaza Strip]]. It had plans to expand the settlement of [[Yamit]] into a city with a population of 200,000,<ref>''The Arab–Israeli Dilemma (Contemporary Issues in the Middle East)'', Syracuse University Press; 3rd edition (August, 1985) {{ISBN|978-0-8156-2340-3}}</ref> though the actual population of Yamit did not exceed 3,000.<ref>[http://www.theisraelproject.org/site/c.hsJPK0PIJpH/b.689861/k.7BC5/Israels_Withdrawal_from_Sinai_19791982.htm/ Kintera.org—The Giving Communities] {{webarchive|url=https://web.archive.org/web/20060301091150/http://www.theisraelproject.org/site/c.hsJPK0PIJpH/b.689861/k.7BC5/Israels_Withdrawal_from_Sinai_19791982.htm |date=2006-03-01 }}. Theisraelproject.org. Retrieved on 2012-01-15.</ref> The Sinai Peninsula was returned to Egypt in stages beginning in 1979 as part of the [[Egypt–Israel peace treaty]]. As required by the treaty, Israel evacuated Israeli military installations and civilian settlements prior to the establishment of "normal and friendly relations" between it and Egypt.<ref>"Upon completion of the interim withdrawal provided for in Annex I, the parties will establish normal and friendly relations, in accordance with Article III (3)." {{cite book |title=Jimmy Carter |publisher=US Government Printing Office |author=Frank Thompson |year=1978 |url=https://books.google.com/books?id=j_5-9zWaBI0C&pg=PA496 |page=496 |isbn=978-0-16-058935-5}}</ref> Israel dismantled eighteen settlements, two air force bases, a naval base, and other installations by 1982, including the only [[Petroleum|oil]] resources under Israeli control. The evacuation of the civilian population, which took place in 1982, was done forcefully in some instances, such as the evacuation of Yamit. The settlements were demolished, as it was feared that settlers might try to return to their homes after the evacuation.{{Citation needed|date=June 2010}} Since 1982, the Sinai Peninsula has not been regarded as occupied territory.
==South Lebanon==
{{Main|Southern Lebanon|Free Lebanon State|South Lebanon security belt administration|Israeli occupation of Southern Lebanon}}
{{unreferenced section|date=April 2023}}
[[File:South Lebanon Security Belt 11.jpg|thumb|180px|Israeli tank in [[southern Lebanon]] in July 1993]]
The Israeli occupation of southern Lebanon took place after [[Israel]] invaded [[Lebanon]] during the [[1982 Lebanon War]] and subsequently retained its forces to support the Christian [[South Lebanon Army]] militia in Southern Lebanon. In 1982, the [[Israeli Defense Forces]] (IDF) and allied [[Free Lebanon Army]] Christian militias seized large sections of Lebanon, including the capital of [[Beirut]], amid the hostilities of the wider [[Lebanese Civil War]]. Later, Israel withdrew from parts of the occupied area between 1983 and 1985, but remained in partial control of the border region known as the ''South Lebanon Security Belt'', initially in coordination with the self-proclaimed [[Free Lebanon State]], which executed a limited authority over portions of southern [[Lebanon]] until 1984, and later with the [[South Lebanon security belt administration]] and its [[South Lebanon Army]] (transformed from Free Lebanon Army), until the year 2000. Israel's stated purpose for the Security Belt was to create a space separating its northern border towns from terrorists residing in Lebanon.
During the stay in the security belt, the IDF held many positions and supported the SLA. The SLA [[South Lebanon security belt administration|took over daily life]] in the security zone, initially as the official force of the [[Free Lebanon State]] and later as an allied militia. Notably, the South Lebanon Army controlled the prison in Khiam. In addition, [[United Nations]] (UN) forces and the [[United Nations Interim Force in Lebanon]] (UNIFIL) were deployed to the security belt (from the end of [[1978 South Lebanon conflict|Operation Litani]] in 1978).
The strip was a few kilometers wide, and consisted of about 10% of the total territory of Lebanon, which housed about 150,000 people who lived in 67 villages and towns made up of [[Shia Islam|Shiites]], [[Maronites]], and [[Druze]] (most of whom lived in the town of [[Hasbaya]]). In the central zone of the Strip was the Maronite town [[Marjayoun]], which was the capital of the security belt. Residents remaining in the security zone had many contacts with Israel, many of whom have worked there and received various services from Israel.
Before the Israeli [[1999 Israeli general election|election in May 1999]], the [[Prime Minister of Israel]], [[Ehud Barak]], promised that within a year all Israeli forces would withdraw from Lebanon. When negotiation efforts failed between Israel and Syria—the goal of the negotiations was to bring a peace agreement between Israel and Lebanon as well, due to [[Syrian occupation of Lebanon]] until 2005—Barak led the withdrawal of the IDF to the Israeli border on 24 May 2000. No soldiers were killed or wounded during the redeployment to the internationally recognized border of [[Blue Line (Lebanon)|Blue Line]].
==Golan Heights==
{{Main|Golan Heights}}
[[File:Golan 92.jpg|right|thumb|Map of the [[Golan Heights]] since 1974]]
Israel captured the [[Golan Heights]] from [[Syria]] in the 1967 [[Six-Day War]]. A ceasefire was signed on 11 June 1967 and the Golan Heights came under Israeli military administration.<ref name="ybookcoil2004">During the Autumn of 2003, following the [http://my.ynet.co.il/pic/docs/doc_30.1/default.htm declassification of key Aman documents] {{Webarchive|url=https://web.archive.org/web/20080321042602/http://my.ynet.co.il/pic/docs/doc_30.1/default.htm |date=2008-03-21 }}, the newspaper [[Yedioth Ahronoth]] released a series of controversial articles which revealed that key Israeli figures were aware of considerable danger that an attack was likely, including Golda Meir and Moshe Dayan, but had decided not to act. The two journalists leading the investigation, Ronen Bergman and Gil Meltzer, later went on to publish ''Yom Kippur War, Real Time: The Updated Edition'', [http://www.ybook.co.il/catalog1.asp?bID=3622710 Yediot Ahronoth/Hemed Books], 2004. {{ISBN|978-965-511-597-0}}</ref> Syria rejected [[United Nations Security Council Resolution 242|UNSC Resolution 242]] of 22 November 1967, which called for the return of Israeli-occupied State <!-- UNSC Res 242 was only between "State/s" -->territories in exchange for peaceful relations. Israel had accepted Resolution 242 in a speech to the Security Council on 1 May 1968. In March 1972, Syria "conditionally" accepted Resolution 242,{{Citation needed|date=December 2013}} and in May 1974, the [[Agreement on Disengagement between Israel and Syria]] was signed.
In the [[Yom Kippur War]] of 1973, Syria attempted to recapture the Golan Heights militarily, but the attempt was unsuccessful. Israel and Syria signed a ceasefire agreement in 1974 that left almost all the Heights under Israeli control, while returning a narrow demilitarized zone to Syrian control. A United Nations observation force was established in 1974 as a buffer between the sides.<ref name="news.bbc.co.uk">[https://www.bbc.co.uk/news/world-middle-east-14724842 Golan Heights profile]. BBC. 30 August 2011</ref> By Syrian formal acceptance of [[UN Security Council Resolution 338]],<ref>{{cite web|url=http://domino.un.org/unispal.nsf/9a798adbf322aff38525617b006d88d7/cec8d84e2fe2c0d285256e3d006a820b%21OpenDocument |title=Syria's acceptance of 338 |access-date=2017-04-15 |url-status=dead |archive-url=https://web.archive.org/web/20070214052049/http://domino.un.org/unispal.nsf/9a798adbf322aff38525617b006d88d7/cec8d84e2fe2c0d285256e3d006a820b%21OpenDocument |archive-date=February 14, 2007 }}. General Assembly Security Council. United Nations. 23 October 1973</ref> which set out the cease-fire at the end of the Yom Kippur War, Syria also accepted Resolution 242.<ref>{{cite book |author1=Hinnebusch, Raymond A. |author2=Drysdale, Alasdair |title=Syria and the Middle East Peace Process |publisher=Council on Foreign Relations Press |location=New York |year=1991 |pages=[https://archive.org/details/syriamiddleeast00alas/page/105 105], 108|url=https://archive.org/details/syriamiddleeast00alas |url-access=registration |quote=0876091052. |isbn=978-0-87609-105-0}}</ref>
On 14 December 1981, Israel passed the [[Golan Heights Law]], extending Israeli administration and law to the territory. Israel has expressly avoided using the term "[[annexation]]" to describe the change of status. However, the [[United Nations Security Council|UN Security Council]] has rejected the ''de facto'' annexation in [[UN Security Council Resolution 497|UNSC Resolution 497]], which declared it as "null and void and without international legal effect",<ref>[http://www.cfr.org/content/publications/attachments/SC497.pdf UN Security Council Resolution 497]. (PDF) . Retrieved on 2012-01-15.</ref> and consequently continuing to regard the Golan Heights as Israeli-occupied territory. The measure has also been criticized by other countries, either as illegal or as not being helpful to the [[Israeli–Palestinian peace process|Middle East peace process]].{{Citation needed|date=May 2010}}
Syria wants the return of the Golan Heights, while Israel has maintained a policy of "[[land for peace]]" based on Resolution 242. The first high-level public talks aimed at a resolution of the [[Israel–Syria relations|Syria–Israel conflict]] were held at and after the multilateral [[Madrid Conference of 1991]]. Throughout the 1990s several Israeli governments negotiated with Syria's president [[Hafez Al-Assad]]. While serious progress was made, they were unsuccessful.
In 2004, there were 34 settlements in the Golan Heights, populated by around 18,000 people.<ref name="Golan Facts">[http://english.golan.org.il/vaad/efacts.asp Golan Facts] {{webarchive|url=https://web.archive.org/web/20060821032728/http://english.golan.org.il/vaad/efacts.asp |date=2006-08-21 }}.</ref> Today, an estimated 20,000 Israeli settlers and 20,000 Syrians live in the territory.<ref name="news.bbc.co.uk"/> All inhabitants are entitled to [[Israeli citizenship]], which would entitle them to an Israeli driver's license and enable them to travel freely in Israel.{{Citation needed|date=November 2010}} The non-Jewish residents, who are mostly [[Druze]], have nearly all declined to take Israeli citizenship.<ref name="news.bbc.co.uk"/><ref>[http://www.haaretz.com/news/golan-heights-druze-cross-into-syria-for-annual-pilgrimage-1.168787 "Golan Heights Druze cross into Syria for annual pilgrimage"], ''[[Haaretz]]'' 1 September 2005</ref>
In the Golan Heights there is another area occupied by Israel, namely the [[Shebaa farms]]. Syria and Lebanon have claimed that the farms belong to Lebanon and in 2007 a UN cartographer came to the conclusion that the Shebaa farms do actually belong to Lebanon (contrary to the belief held by Israel). UN then said that Israel should relinquish the control of this area.<ref>Ravid, Barak. (2008-04-02) [http://www.haaretz.com/print-edition/news/un-tells-israel-place-shaba-farms-in-hands-of-unifil-1.225283 "UN tells Israel: Place Shaba Farms in hands of UNIFIL"]. ''Haaretz''. Retrieved on 2012-01-15.</ref>
==Palestinian territories==
{{Main|Israeli–Palestinian conflict|Palestinian territories}}
===Background===
Both of these territories were part of [[Mandate Palestine]], and both have populations consisting primarily of [[Palestinians]] [[Arab]]s, including significant numbers of [[Palestinian refugee|refugee]]s who [[1948 Palestinian exodus|fled or were expelled]] from Israel and territory Israel controlled<ref>Letter dated 31 August 1949, addressed to the Chairman of the Conciliation Commission by Mr. Reuven Shiloah, Head of the Delegation of Israel, containing Replies to the Commission's Questionnaire of 15 August 1949 [https://unispal.un.org/UNISPAL.NSF/fd807e46661e3689852570d00069e918/c96e0252e7710bce85256d95006bc157?OpenDocument 31st Aug 1949 Israel's official claim to non-state territories] {{Webarchive|url=https://web.archive.org/web/20181118203617/https://unispal.un.org/UNISPAL.NSF/fd807e46661e3689852570d00069e918/c96e0252e7710bce85256d95006bc157?OpenDocument |date=2018-11-18 }}</ref> after the [[1948 Arab–Israeli War]]. Today, Palestinians make up around half of Jordan's population.
Jordan occupied the West Bank, including East Jerusalem, from 1948 to 1967, annexing it in 1950 and granting Jordanian citizenship to the residents in 1954 (the annexation claims and citizenship grants were rescinded in 1988 when Jordan acknowledged the [[Palestine Liberation Organization]] (PLO) as the sole representative of the Palestinian people). Egypt administered the Gaza Strip from 1948 to 1967 but did not annex it or make Gazans Egyptian citizens.<ref>{{CRS|article = Israel and the Palestinians: Prospects for a Two-State Solution| url=https://fas.org/sgp/crs/mideast/R40092.pdf}}</ref>
===West Bank===
{{Main|Israeli occupation of the West Bank|West Bank}}
{{See also|Judea and Samaria Area}}
[[File:Occupied Palestinian Territories.jpg|thumb|[[Area C (West Bank)|Area C]] (blue), the part of the [[West Bank]] under full Israeli control, in 2011]]
The West Bank was allotted to the Arab state under [[United Nations Partition Plan for Palestine|United Nations Partition Plan of 1947]], but the [[Jordanian annexation of the West Bank|West Bank was occupied by Transjordan]] after the 1948 war. In April 1950, Jordan annexed the West Bank,<ref>Lutfiyya, Abdulla M., Baytin: A Jordanian Village. A Study of Social Institutions and Social Change in a Folk Community, Walter de Gruyter, 1966, p.14</ref> but this was recognized only by the [[United Kingdom]] and Pakistan. (see [[1949 Armistice Agreements]], [[Green Line (Israel)|Green Line]])
In 1967, the West Bank came under Israeli military administration. Israel retained the mukhtar ([[mayor]]al) system of government inherited from Jordan, and subsequent governments began developing [[infrastructure]] in Arab villages under its control. (see [[#Palestinians and Israeli law|Palestinians and Israeli law]], [[International law and the Arab–Israeli conflict|International legal issues of the conflict]], [[economy of the State of Palestine|Palestinian economy]]). As a result of "[[Israeli law in the West Bank settlements|Enclave law]]", large portions of Israeli [[Civil law (legal system)|civil law]] are applied to Israeli settlements and Israeli residents in the occupied territories.<ref name="Ben-NaftaliSfard2018">{{cite book|author1=Orna Ben-Naftali|author2=Michael Sfard|author3=Hedi Viterbo|title=The ABC of the OPT: A Legal Lexicon of the Israeli Control over the Occupied Palestinian Territory|url=https://books.google.com/books?id=Is5TDwAAQBAJ&pg=PA52|date=10 May 2018|publisher=Cambridge University Press|isbn=978-1-107-15652-4|pages=52–}}</ref>
Since the [[Israel–Palestine Liberation Organization letters of recognition]] of 1993, most of the [[demographics of Palestine|Palestinian population]] and [[List of cities in Palestinian Authority areas|cities]] came under the jurisdiction of the [[Palestinian Authority]], and only partial Israeli military control, although Israel has frequently redeployed its [[Israel Defense Forces|troops]] and reinstated full military administration in various parts of the two territories.
On July 31, 1988, Jordan renounced its claims to the West Bank for the PLO.<ref name="nytimes"/>
In 2000, the Israeli government started to construct the [[Israeli West Bank barrier]], within the [[West Bank]], separating Israel and several of its settlements, as well as a significant number of Palestinians, from the remainder of the West Bank. State of Israel cabinet approved a route to construct separation barrier whose total length will be approximately {{convert|760|km|0|abbr=on}} built mainly in the West Bank and partly along the [[1949 Armistice Agreements|1949 Armistice line]], or "Green Line" between Israel and Palestinian West Bank.<ref>{{cite web|url=http://www.btselem.org/separation_barrier/statistics |title=The Separation Barrier – Statistics | B'Tselem |publisher=Btselem.org |access-date=2012-08-13}}</ref> 12% of the West Bank area is on the Israel side of the barrier.<ref>"Israel High Court Ruling Docket H.C.J. 7957/04: International Legality of the Security Fence and Sections near Alfei Menashe"</ref>
In 2004, the [[International Court of Justice]] issued an advisory opinion stating that the barrier violates [[international law]].<ref>[http://edition.cnn.com/2004/WORLD/meast/07/09/israel.barrier/index.html U.N. court rules West Bank barrier illegal], [[CNN]], July 10, 2004.</ref> It claimed that "Israel cannot rely on a right of self-defence or on a state of necessity in order to preclude the wrongfulness of the construction of the wall".<ref>{{cite web |url=http://www.icj-cij.org/docket/index.php?pr=71&p1=3&p2=1&case=131&p3=6 |title=International Court of Justice |publisher=Icj-cij.org |date=2004-07-09 |access-date=2012-08-13 |archive-url=https://web.archive.org/web/20120505180237/http://www.icj-cij.org/docket/index.php?pr=71&p1=3&p2=1&case=131&p3=6 |archive-date=2012-05-05 |url-status=dead }}</ref> However, Israel government derived its justification for constructing this barrier with Prime Minister [[Ehud Barak]] stating that it is "essential to the Palestinian nation in order to foster its national identity and independence without being dependent on the State of Israel".<ref>Makovsky, David (March/April 2004). "How to Build a Fence". Foreign Affairs 83 (2): 50–64. {{doi|10.2307/20033902}}. ISSN 0015-7120. {{cite web|url=http://www.amherst.edu/~daschaich/writings/rant/fence.pdf |title=Amherst College |access-date=2013-08-18 |url-status=dead|archive-url=https://web.archive.org/web/20051028164136/http://www.amherst.edu/~daschaich/writings/rant/fence.pdf |archive-date=October 28, 2005 }} Retrieved 2007-04-16.</ref> The Israeli Supreme Court, sitting as the High Court of Justice, stated that Israel has been holding the areas of Judea and Samaria in belligerent occupation, since 1967. The court also held that the normative provisions of public international law regarding belligerent occupation are applicable. The Regulations Concerning the Laws and Customs of War on Land, The Hague of 1907 and the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War 1949 were both cited.<ref name="domino.un.org"/>
[[File:Neve Danyal entrance.jpg|thumb|Israeli settlement of [[Neve Daniel]] in the West Bank]]
About 500,000 Israeli settlers live in the West Bank and another 200,000 live in East Jerusalem.<ref>{{cite news |title=Jewish settler population in the West Bank surpasses half a million |url=https://www.latimes.com/world-nation/story/2023-02-02/israeli-settler-population-west-bank-surpasses-500000 |work=Los Angeles Times |date=2 February 2023}}</ref><ref>{{cite news |title=Israel to ramp up settlement expansion in occupied West Bank |url=https://www.aljazeera.com/news/2023/6/18/israeli-minister-given-sweeping-settlement-building-powers |work=Al-Jazeera |date=18 June 2023}}</ref><ref>{{cite news |title=Far-right Israeli Minister Lays Groundwork for Doubling West Bank Settler Population |url=https://www.haaretz.com/israel-news/2023-05-18/ty-article/.premium/far-right-israeli-minister-lays-groundwork-for-doubling-west-bank-settler-population/00000188-2de6-d6e4-ab9d-ede74a3e0000 |work=Haaretz |date=18 May 2023}}</ref> The barrier has many effects on Palestinians including reduced freedoms, road closures, loss of land, increased difficulty in accessing medical and educational services in Israel,<ref name="pdm.medicine.wisc.edu">[http://pdm.medicine.wisc.edu/Volume_22/issue_4/doocy.pdf] {{webarchive|url=https://web.archive.org/web/20120310094724/http://pdm.medicine.wisc.edu/Volume_22/issue_4/doocy.pdf|date=March 10, 2012}}</ref> restricted access to water sources, and economic effects. Regarding the violation of freedom of Palestinians, in a 2005 report, the United Nations stated that:[47]
...it is difficult to overstate the humanitarian impact of the Barrier. The route inside the West Bank severs communities, people's access to services, livelihoods and religious and cultural amenities. In addition, plans for the Barrier's exact route and crossing points through it are often not fully revealed until days before construction commences.<ref name="unispal.un.org">{{cite web |url=https://unispal.un.org/UNISPAL.NSF/0/0163EF0C6E99036F85256EB3004E6EBF |title=Palestine question/Mideast situation – Compilation of resolutions and decisions adopted in 2003 (English and French) (23 April 2004) |publisher=[[United Nations Information System on the Question of Palestine]] |access-date=2012-08-13 |url-status=dead |archive-url=https://web.archive.org/web/20120525130051/http://unispal.un.org/UNISPAL.NSF/0/0163EF0C6E99036F85256EB3004E6EBF |archive-date=25 May 2012 }}</ref> This has led to considerable anxiety among Palestinians about how their future lives will be impacted...The land between the Barrier and the Green Line constitutes some of the most fertile in the West Bank. It is currently the home for 49,400 West Bank Palestinians living in 38 villages and towns.<ref>Introduction, The Humanitarian Impact of the West Bank Barrier on Palestinian Communities, United Nations. {{cite web |url=http://unispal.un.org/UNISPAL.NSF/0/CE5E268886F715968525732F00484598 |title=Humanitarian impact of the West Bank barrier on Palestinian communities (June 2007) – OCHA/UNRWA report (30 July 2007) |access-date=2014-09-27 |url-status=dead |archive-url=https://web.archive.org/web/20131029190612/http://unispal.un.org/UNISPAL.NSF/0/CE5E268886F715968525732F00484598 |archive-date=2013-10-29 }}.</ref>
On Feb 6, 2017, The Knesset passed the controversial [[Regulation Law]], which aimed at retroactively legalizing 2,000 to 4,000 Israeli settlements in [[Area C (West Bank)|Area C]].<ref>{{Cite news|url=https://www.nytimes.com/2017/02/06/world/middleeast/israel-settlement-law-palestinians-west-bank.html?_r=1|title=Israel Passes Provocative Law to Retroactively Legalize Settlements|newspaper=New York Times|date=6 February 2017 |access-date=2017-02-06 |last1=Fisher |first1=Ian }}</ref> On June 9, 2020, the Israeli Supreme Court struck down the law as "infringing on the property rights of Palestinian residents."<ref>{{cite news|url=https://www.reuters.com/article/us-israel-palestinians-settlements-idUSKBN23G2MI|title=Israel's Supreme Court strikes down law legalising settlements on private Palestinian land|newspaper=Reuters|access-date=2020-09-26}}</ref>
In February 2023, the [[Thirty-seventh government of Israel|new Israeli government]] under Benjamin Netanyahu approved the legalization of nine illegal settler outposts in the West Bank.<ref>{{cite news |title=U.S. Announced Israeli Settlement Freeze, Netanyahu Rushed to Deny It |url=https://www.haaretz.com/israel-news/2023-02-27/ty-article/.premium/u-s-announced-israeli-settlement-freeze-netanyahu-rushed-to-deny-it/00000186-926e-d064-afde-f7fed8d50000 |work=Haaretz |date=27 February 2023}}</ref> Finance Minister [[Bezalel Smotrich]] took charge of most of the [[Israeli Civil Administration|Civil Administration]], obtaining broad authority over civilian issues in the West Bank.<ref>{{Cite web|url=https://www.timesofisrael.com/smotrich-handed-sweeping-powers-over-west-bank-control-over-settlement-planning/|title=Smotrich handed sweeping powers over West Bank, control over settlement planning|first=Jeremy|last=Sharon|work=The Times of Israel|date=23 February 2023}}</ref><ref>{{Cite news|url=https://www.theguardian.com/world/2023/feb/24/former-us-ambassador-accuses-israel-creeping-annexation-west-bank-israel-palestinians|title=Former US ambassador accuses Israel of 'creeping annexation' of the West Bank|first=Chris|last=McGreal|date=24 February 2023|newspaper=The Guardian}}</ref> In June 2023, Israel shortened the procedure of approving settlement construction and gave Finance Minister Smotrich the authority to approve one of the stages, changing the system operating for the last 27 years.<ref>{{cite news |title=Israeli government takes major step toward West Bank annexation |url=https://www.lemonde.fr/en/international/article/2023/06/20/israeli-government-takes-major-step-toward-west-bank-annexation_6034532_4.html# |work=[[Le Monde]] |date=21 June 2023}}</ref> In its first six months, construction of 13,000 housing units in settlements, almost triple the amount advanced in the whole of 2022.<ref>{{Cite web|url=https://www.timesofisrael.com/netanyahu-hands-smotrich-full-authority-to-expand-existing-settlements/|title=Netanyahu hands Smotrich full authority to expand existing settlements|first=Jeremy|last=Sharon|website=www.timesofisrael.com|date=18 June 2023}}</ref>
=== East Jerusalem ===
{{Main|East Jerusalem}}
[[File:Zoning in East Jerusalem as of December 2017.jpg|thumb|East Jerusalem zoning]]
[[File:2018 OCHA OpT map Jerusalem.jpg|thumb|2018 [[United Nations Office for the Coordination of Humanitarian Affairs|United Nations]] map of the area, showing the [[Israeli occupation of the West Bank|Israeli occupation]] arrangements.]]
[[Jerusalem]] has created additional issues in relation to the question of whether or not it is occupied territory. The [[United Nations Partition Plan for Palestine|1947 UN Partition Plan]] had contemplated that all of Jerusalem would be an international city within an international area that included [[Bethlehem]] for at least ten years, after which the residents would be allowed to conduct a [[referendum]] and the issue could be re-examined by the Trusteeship Council.
However, after the [[1948 Arab–Israeli War]], [[Jordan]] captured [[East Jerusalem]] and the [[Old City (Jerusalem)|Old City]], and Israel captured and annexed the western part of Jerusalem {{Citation needed|reason=Date of referendum? Source citing the document for this annexation?|date=November 2011}}. Jordan bilaterally annexed East Jerusalem along with the rest of the West Bank in 1950 as a temporary trustee <ref name=trustee_annexation>[https://www.jewishvirtuallibrary.org/jsource/Peace/legsess.html Sessions of the Arab League]. Session 12-11 Date: May 1950. Council approved plan to consider Jordan the "trustee" of Eastern Palestine.</ref> at the request of a Palestinian delegation,<ref name=requested_annexation>In December 1948, at a conference which took place in Jericho, a group of hand-picked leaders of Palestinian Arabs resolved to ask King Abdullah of Transjordan to incorporate the Arab parts of Palestine into his kingdom. The General Armistice Agreement of 3 April 1949 constituted de facto recognition of that incorporation; however, it was specifically designed as a military agreement which did not prejudice the political positions of the contracting parties.{{cite web|url=http://www.jcpa.org.il/art/knesset6.htm |title=Annexation of the West Bank by the Hashemite Kingdom of Jordan |access-date=2011-11-26 |url-status=dead |archive-url=https://web.archive.org/web/20111002213659/http://www.jcpa.org.il/art/knesset6.htm |archive-date=2011-10-02 }}</ref> and although the annexation was recognized by only two countries, it was not condemned by the UNSC. The British did not recognize the territory as sovereign to Jordan.<ref>UK recognition of Israel and of Jordanian annexation of the West Bank, [[British House of Commons|House of Commons]], April 17, 1950—[[Media:UKrecognizesIsraelJordan.pdf|scan as PDF file]]</ref> Israel captured East Jerusalem from Jordan in the 1967 [[Six-Day War]]. On June 27, Israel extended its laws, jurisdiction, and administration to East Jerusalem and several nearby towns and villages, and incorporated the area into the Jerusalem Municipality. In 1980, the [[Knesset]] passed the [[Jerusalem Law]], which was declared a [[Basic Laws of Israel|Basic Law]], which declared Jerusalem to be the "complete and united" capital of Israel. However, [[United Nations Security Council]] [[UN Security Council Resolution 478|Resolution 478]] declared this action to be "null and void", and that it "must be rescinded forthwith". The international community does not recognize Israeli sovereignty over East Jerusalem and considers it an occupied territory.<ref>{{Cite book|last=Korman|first=Sharon|title=The right to conquest: the acquisition of territory by force in international law and practice|publisher=Oxford University Press US|year=2005|url=https://books.google.com/books?id=ueDO1dJyjrUC&pg=PA250 |pages=250–260|isbn=978-0-19-828007-1}}</ref>
UN Security Council Resolution 478 also called upon countries which held their diplomatic delegations to Israel in Jerusalem, to move them outside the city. Most nations with embassies in Jerusalem complied, and relocated their embassies to [[Tel Aviv]] or other Israeli cities prior to the adoption of Resolution 478. Following the withdrawals of [[Costa Rica]] and [[El Salvador]] in August 2006, no country maintained its embassy in Jerusalem until 2018, although [[Bolivia]] and [[Paraguay]] once had theirs in nearby [[Mevaseret Zion]].<ref>{{cite news |title=Costa Rica's Exit Leaves El Salvador with Lone Embassy in Jerusalem |url=http://www.israelnationalnews.com/News/Flash.aspx/110349 |work=[[Arutz Sheva]] |date=18 August 2006 |access-date=7 June 2017}}</ref><ref>{{Cite news |editor-last=HaLevi |editor-first=Ezra |title=Last Embassy Abandons Jerusalem |url=http://www.israelnationalnews.com/News/News.aspx/110798 |work=[[Arutz Sheva]] |date=27 August 2006 |access-date=7 June 2017}}</ref> The [[United States Congress]] passed the [[Jerusalem Embassy Act]] in 1995, stating that "Jerusalem should be recognized as the capital of the State of Israel; and the United States Embassy in Israel should be established in Jerusalem no later than May 31, 1999." As a result of the [[Jerusalem Embassy Act|Embassy Act]], official U.S. documents and web sites refer to Jerusalem as the capital of Israel. Until May 2018, the law had never been implemented, because successive U.S. Presidents [[Bill Clinton|Clinton]], [[George W. Bush|Bush]], and [[Barack Obama|Obama]] exercised the law's presidential waiver, citing national security interests. On 14 May 2018, the U.S. opened its Embassy in Jerusalem.<ref>[https://www.youtube.com/watch?v=MISVkrFAiFk US embassy opens in Jerusalem | Full ceremony] [[Fox News]], 14 May 2018</ref>
East Jerusalem residents are increasingly becoming integrated into Israeli society, in terms of education, citizenship, national service and in other aspects.<ref name = "Hasson 2012">{{Cite news | title = A surprising process of 'Israelization' is taking place among Palestinians in East Jerusalem | last = Hasson | first = Nir | newspaper = [[Haaretz]] |url=http://www.haaretz.com/weekend/magazine/a-surprising-process-of-israelization-is-taking-place-among-palestinians-in-east-jerusalem.premium-1.490367 | date = 29 December 2012 | access-date = 25 November 2014 | archive-date = 29 November 2014 | archive-url=https://web.archive.org/web/20141129134142/http://www.haaretz.com/weekend/magazine/a-surprising-process-of-israelization-is-taking-place-among-palestinians-in-east-jerusalem.premium-1.490367 | url-status = live }}</ref><ref>{{Cite web |last=Koren |first=David |date=2018-09-13 |title=The desire of eastern Jerusalem Arabs to integrate in Israeli society outweighs the threats of the Palestinian Authority |url=https://jiss.org.il/en/koren-desire-eastern-jerusalem-arabs-integrate-israeli-society-outweighs-threats-palestinian-authority/ |access-date=2022-07-13 |website=JISS |language=en-US}}</ref> Recent surveys show that, if given the option of having East Jerusalem transferred today from Israeli rule to the [[Palestinian National Authority]], most East Jerusalem Palestinians would oppose the proposal.<ref name = "Hasson 2012"/><ref>{{Cite web |title=إستطلاع رأي : 93% من العرب في القدس يفضلون بقاء الحكم الإسرائيلي |url=https://www.shfanews.net/post/102082 |access-date=2022-04-30 |website=شبكة فلسطين للأنباء – شفا |date=13 December 2021 |language=ar}}</ref><ref>{{Cite web |title=93% of east Jerusalem Arabs prefer Israeli rule, poll shows |url=https://www.israelhayom.com/2021/12/15/93-of-east-jerusalem-arabs-prefer-israeli-rule-poll-shows/ |access-date=2022-04-30 |website=www.israelhayom.com}}</ref> According to Middle East expert David Pollock, in the hypothesis that a final agreement was reached between Israel and the Palestinians with the establishment of a [[two-state solution]], 48% of East Jerusalem Arabs would prefer being citizens of Israel, while 42% of them would prefer the [[State of Palestine]]. 9% would prefer [[Jordan]]ian citizenship.<ref name=":0">{{Cite web |title=New Poll Reveals Moderate Trend Among East Jerusalem Palestinians |url=https://www.washingtoninstitute.org/policy-analysis/new-poll-reveals-moderate-trend-among-east-jerusalem-palestinians |access-date=2022-07-13 |website=The Washington Institute |language=en}}</ref>
In May 2021, [[2021 Israel–Palestine crisis|clashes]] occurred between Palestinians and Israeli police over further anticipated [[Palestinian displacement in East Jerusalem|Palestinian evictions]] in the [[Sheikh Jarrah]] neighborhood of East Jerusalem.<ref>{{Cite news|last=Kingsley|first=Patrick|author-link=Patrick Kingsley (journalist)|date=7 May 2021|title=Evictions in Jerusalem Become Focus of Israeli-Palestinian Conflict|work=[[New York Times]]|location=Jerusalem|url=https://www.nytimes.com/2021/05/07/world/middleeast/evictions-jerusalem-israeli-palestinian-conflict-protest.html|archive-date=9 May 2021|archive-url=https://web.archive.org/web/20210509010508/https://www.nytimes.com/2021/05/07/world/middleeast/evictions-jerusalem-israeli-palestinian-conflict-protest.html|url-status=live}}</ref>
===Gaza Strip===
{{Main|Gaza Strip}}
[[File:Map of Gaza Strip with no-go zone 2012.jpg|thumb|Map of the Gaza Strip]]
The Gaza Strip was allotted to the Arab state envisioned by the [[United Nations Partition Plan for Palestine|United Nations Partition Plan of 1947]], but no Arab state formed as a result of the 1947 partition plan. As a result of the [[1949 Armistice Agreements]], the [[occupation of the Gaza Strip by the United Arab Republic|Gaza Strip became occupied by Egypt]].
Between 1948 and 1967, the Gaza Strip was under Egyptian military administration, being officially under the jurisdiction of the [[All-Palestine Government]] until in 1959 it was merged into the [[United Arab Republic]], de facto becoming under direct Egyptian military governorship.
Between 1967 and 1993, the Gaza Strip was under Israeli military administration. In March 1979, Egypt renounced all claims to the Gaza Strip in the [[Egypt–Israel peace treaty]].
Since the [[Israel–Palestine Liberation Organization letters of recognition]] of 1993, the Gaza Strip came under the jurisdiction of the [[Palestinian National Authority|Palestinian Authority]].
A July 2004 opinion of the [[International Court of Justice]] treated Gaza as a part of the Occupied Palestinian Territory.<ref>[http://www.icj-cij.org/docket/files/131/1677.pdf Summary of the Advisory Opinion: Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory] {{webarchive|url=https://web.archive.org/web/20140825085245/http://www.icj-cij.org/docket/files/131/1677.pdf |date=2014-08-25 }}, [[International Court of Justice]], July 9, 2004.</ref>
In February 2005, the Israeli government voted to implement a [[Israel's unilateral disengagement plan|unilateral disengagement plan]] from the Gaza Strip. The plan began to be implemented on 15 August 2005, and was completed on 12 September 2005. Under the plan, all Israeli settlements in the Gaza Strip (and four in the West Bank) and the joint Israeli-Palestinian Erez Industrial Zone were dismantled with the removal of all 9,000 Israeli settlers (most of them in the [[Gush Katif]] settlement area in the Strip's southwest) and military bases. Some settlers resisted the order, and were forcibly removed by the IDF. On 12 September 2005 the Israeli cabinet formally declared an end to Israeli military occupation of the Gaza Strip. To avoid allegations that it was still in occupation of any part of the Gaza Strip, Israel also withdrew from the [[Philadelphi Route]], which is a narrow strip adjacent to the [[Egypt–Gaza border|Strip's border with Egypt]], after Egypt's agreement to secure its side of the border. Under the Oslo Accords the Philadelphi Route was to remain under Israeli control to prevent the smuggling of materials (such as ammunition) and people across the border with Egypt. With Egypt agreeing to patrol its side of the border, it was hoped that the objective would be achieved. However, Israel maintained its control over the crossings in and out of Gaza. The Rafah crossing between Egypt and Gaza was monitored by the Israeli army through special surveillance cameras. Official documents such as passports, I.D. cards, export and import papers, and many others had to be approved by the Israeli army.{{Citation needed|date=January 2009}}
[[File:Intifada in Gaza Strip, 1987 VI Dan Hadani Archive.jpg|thumb|Israeli soldiers and protesters in Gaza during the [[First Intifada]] in 1987]]
The Israeli position is that it no longer occupies Gaza, as Israel does not exercise effective control or authority over any land or institutions inside the Gaza Strip.<ref name=Gold>Dore Gold, [http://www.jcpa.org/brief/brief005-3.htm JCPA Legal Acrobatics: The Palestinian Claim that Gaza is Still "Occupied" Even After Israel Withdraws], [[Jerusalem Center for Public Affairs]], Vol. 5, No. 3, August 26, 2005.</ref><ref name=CJPA2>[https://archive.today/20130415040103/http://www.jcpa.org/JCPA/Templates/ShowPage.asp?DRIT=1&DBID=1&LNGID=1&TMID=111&FID=443&PID=0&IID=2021&TTL=International_Law_and_Gaza:_The_Assault_on_Israel's_Right_to_Self-Defense International Law and Gaza: The Assault on Israel's Right to Self-Defense], [[Jerusalem Center for Public Affairs]], Vol. 7, No. 29 28 January 2008.</ref> [[Foreign Affairs Minister of Israel]] [[Tzipi Livni]] stated in January, 2008: "Israel got out of Gaza. It dismantled its settlements there. No Israeli soldiers were left there after the disengagement."<ref>[http://www.mfa.gov.il/MFA/Government/Speeches+by+Israeli+leaders/2008/Address+by+FM+Livni+to+the+8th+Herzliya+Conference+22-Jan-2008.htm?DisplayMode=print Israeli MFA Address by Israeli Foreign Minister Livni to the 8th Herzliya Conference], [[Ministry of Foreign Affairs (Israel)]], 22 January 22, 2008.</ref> Israel also notes that Gaza does not belong to any sovereign state.<ref name=CJPA2 />
Immediately after Israel withdrew in 2005, Palestinian Authority President Mahmoud Abbas stated, "the legal status of the areas slated for evacuation has not changed."<ref name=Gold/> [[Human Rights Watch]] also contested that this ended the occupation.<ref>{{cite web | title=Gaza: Israel's 'Open-Air Prison' at 15 | website=Human Rights Watch | date=June 14, 2022 | url=https://www.hrw.org/news/2022/06/14/gaza-israels-open-air-prison-15 | access-date=October 19, 2023|quote=Because of the continuing controls Israel exercises over the lives and welfare of Gaza's inhabitants, Israel remains an occupying power under international humanitarian law, despite withdrawing its military forces and settlements from the territory in 2005.}}</ref><ref>[http://hrw.org/english/docs/2004/10/29/isrlpa9577.htm "Israel: 'Disengagement' Will Not End Gaza Occupation"] {{Webarchive|url=https://web.archive.org/web/20081101210931/http://hrw.org/english/docs/2004/10/29/isrlpa9577.htm |date=2008-11-01 }} Human Rights Watch. October 29, 2004</ref><ref>[http://hrw.org/english/docs/2006/07/06/isrlpa13698.htm "Human Rights Council Special Session on the Occupied Palestinian Territories"] {{Webarchive|url=https://web.archive.org/web/20081015172833/http://hrw.org/english/docs/2006/07/06/isrlpa13698.htm |date=2008-10-15 }}. Human Rights Watch. July 6, 2006"</ref> The [[United Nations]], [[Human Rights Watch]] and many other international bodies and [[Non-governmental organization|NGOs]] continues to consider Israel to be the occupying power of the Gaza Strip as Israel controls the Gaza Strip's airspace and territorial waters as well as the movement of people or goods in or out of Gaza by air or sea.<ref name="AI_briefing">{{cite web|url=https://www.amnesty.org/en/documents/mde15/007/2009/en/ |title=Israel/Occupied Palestinian Territories: The conflict in Gaza: A briefing on applicable law, investigations and accountability |date=2009-01-19 |publisher=[[Amnesty International]] |access-date=2009-06-05 }}</ref><ref name="isrlpa13698">[http://hrw.org/english/docs/2006/07/06/isrlpa13698.htm "Human Rights Council Special Session on the Occupied Palestinian Territories"] {{Webarchive|url=https://web.archive.org/web/20081015172833/http://hrw.org/english/docs/2006/07/06/isrlpa13698.htm |date=2008-10-15 }} July 6, 2006; Human Rights Watch considers Gaza still occupied.</ref><ref name="cnn2009-01-06">{{cite news|url=http://www.cnn.com/2009/WORLD/meast/01/06/israel.gaza.occupation.question/index.html|title=Is Gaza 'occupied' territory?|last=Levs|first=Josh|date=2009-01-06|publisher=CNN|access-date=2009-05-30}}</ref>
The United Nations [[Office for the Coordination of Humanitarian Affairs]] maintains an office on "Occupied Palestinian Territory", which concerns itself with the Gaza Strip.<ref>[http://www.ochaopt.org/ Office for the Coordination of Humanitarian Affairs office on Occupied Palestinian Territory web site].</ref> In his statement on the [[2008–2009 Israel–Gaza conflict]] [[Richard A. Falk|Richard Falk]], [[United Nations Special Rapporteur]] on "the situation of [[human rights]] in the [[Palestinian territories]]" wrote that [[international humanitarian law]] applied to Israel "in regard to the obligations of an Occupying Power and in the requirements of the laws of war."<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7?opendocument Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[United Nations Human Rights Council]], December 27, 2008.</ref> In a 2009 interview on [[Democracy Now]] Christopher Gunness, spokesperson for the [[United Nations Relief and Works Agency for Palestine Refugees in the Near East]] (UNRWA) contends that Israel is an occupying power. However, Meagan Buren, senior adviser to the [[Israel Project]], a pro-Israel media group, contests that characterization.<ref>[http://www.democracynow.org/2009/1/5/a_debate_on_israels_invasion_of A Debate on Israel's Invasion of Gaza: UNRWA's Christopher Gunness v. Israel Project's Meagan Buren] [[Democracy Now]], January 5, 2009.</ref>
In 2007, after Hamas defeated Fatah in the [[Battle of Gaza (2007)]] and took control over the Gaza Strip, Israel imposed a [[The 2007–2009 blockade of the Gaza Strip|blockade on Gaza]]. [[List of rocket and mortar attacks in Israel in 2008|Palestinian rocket attacks]] and Israeli raids, such as [[Operation Hot Winter]] continued into 2008. A [[2008 Israel–Hamas ceasefire|six month ceasefire]] was agreed in June 2008, but it was broken several times by both Israel and Hamas. As it reached its expiry, Hamas announced that they were unwilling to renew the ceasefire without improving the terms.<ref>{{Cite news|url=http://news.bbc.co.uk/1/hi/world/middle_east/7794577.stm|title=Israeli leaders 'to topple Hamas'|date=2008-12-22|publisher=BBC News|access-date=2009-01-23}}</ref> At the end of December 2008 Israeli forces began Operation Cast Lead, launching the [[Gaza War (2008–09)|Gaza War]] that left an estimated 1,166–1,417 Palestinians and 13 Israelis dead.<ref name="reuters2009jan12">[http://www.newsdaily.com/stories/tre5053r7-us-palestinians-israel/ Israel tightens grip on urban parts of Gaza] {{webarchive |url=https://web.archive.org/web/20090109194300/http://www.newsdaily.com/stories/tre5053r7-us-palestinians-israel/ |date=January 9, 2009 }}. By Nidal al-Mughrabi. January 12, 2009. [[Reuters]].</ref><ref name="idf_updated_death_toll">{{cite news|url=http://fr.jpost.com/servlet/Satellite?pagename=JPost/JPArticle/ShowFull |title=IDF releases Cast Lead casualty numbers |date=2009-03-26 |publisher=JPost |access-date=2009-03-26 |last=Lappin |first=Yaakov |url-status=dead |archive-url=https://web.archive.org/web/20110511121653/http://fr.jpost.com/servlet/Satellite?cid=1237727552054&pagename=JPost%2FJPArticle%2FShowFull |archive-date=2011-05-11 }}</ref><ref name="PCHR_CIV_STAT">{{cite news|url=http://www.cbsnews.com/stories/2009/01/22/world/main4746224.shtml?source=RSSattr=World_4746224|title=Rights Group Puts Gaza Death Toll At 1,284|last=Younis|first=Khan|publisher=CBS|access-date=2009-02-17 | date=2009-01-22}}</ref>
In January 2012, the spokesperson for the UN Secretary General stated that under resolutions of the Security Council and the General Assembly, the UN still regards Gaza to be a part of the Occupied Palestinian Territory.<ref name="SPOKESPERSON's DAILY HIGHLIGHTS"/>
On 7 October 2023, [[Hamas]] launched [[2023 Hamas-led attack on Israel|a major attack]] on Israel from the Gaza Strip.<ref>{{cite news |last= |first= |date=7 October 2023 |title=Israel attack: PM says Israel at war after 70 killed in attack from Gaza |url=https://www.bbc.com/news/world-middle-east-67036625 |work=BBC News |access-date=7 October 2023}}</ref> On 9 October 2023, following the beginning of the Israel–Hamas war and attacks in Israel by Hamas militants, Israel imposed a [[October 2023 Israeli blockade of the Gaza Strip|"total blockade" of the Gaza Strip]].<ref>{{Cite web |title=Israel announces 'total' blockade on Gaza |url=https://www.aljazeera.com/news/2023/10/9/israel-announces-total-blockade-on-gaza |date=2023-10-09 |website=Al Jazeera |language=en}}</ref> The total blockade of Gaza was announced by Israeli Defense Minister [[Yoav Gallant]], who declared: "There will be no electricity, no food, no fuel, everything is closed."<ref>{{cite news |title=Israel announces 'complete siege' of Gaza, cutting its electricity, food, water, and fuel |url=https://www.businessinsider.com/israel-gallant-announces-complete-siege-gaza-no-electricity-food-fuel-2023-10 |work=Business Insider |date=9 October 2023}}</ref>
[[File:Greater Jerusalem May 2006 CIA remote-sensing map.jpg|thumb|Greater Jerusalem, May 2006. The [[Central Intelligence Agency|CIA]] [[remote sensing]] map showing East Jerusalem, the Green Line and Jerusalem's city limits which were unilaterally expanded by Israel, 28 June 1967, annexed by Knesset (30 July 1980), and modified and expanded in February 1992.]]
==Views on terminology used==
{{Further|Status of territories occupied by Israel in 1967|Legality of the Israeli occupation of Palestine}}
===Palestinian views===
[[Al Haq]], an independent Palestinian human rights organization based in [[Ramallah]] in the West Bank and an affiliate of the [[International Commission of Jurists]], has asserted that "As noted in Article 27 of the Vienna Convention on the Law of Treaties, 'a party may not invoke the provisions of its internal law as justification for its failure to perform a treaty'. As such, Israeli reliance on local law does not justify its violations of its international legal obligations".<ref>{{cite web|url=http://www.alhaq.org/cp-campaign/property_destruction_legality.htm |title=Property Destruction. Legality |access-date=2006-04-02 |url-status=dead |archive-url=https://web.archive.org/web/20041103004806/http://www.alhaq.org/cp-campaign/property_destruction_legality.htm |archive-date=November 3, 2004 }}. alhaq.org</ref> Further, the Palestinian mission to the U.N. has argued that:<ref>{{cite web|url=http://domino.un.org/UNISPAl.NSF/3d14c9e5cdaa296d85256cbf005aa3eb/6b939c57ea9ef32785256f33006b9f8d%21OpenDocument |title=Israel's Belligerent Occupation of the Palestinian Territory, including Jerusalem and International Humanitarian Law |access-date=2017-04-15 |url-status=dead |archive-url=https://web.archive.org/web/20070515160849/http://domino.un.org/UNISPAl.NSF/3d14c9e5cdaa296d85256cbf005aa3eb/6b939c57ea9ef32785256f33006b9f8d%21OpenDocument |archive-date=May 15, 2007 }}. United Nations. 15 July 1999</ref>
<blockquote>it is of no relevance whether a State has a monist or a dualist approach to the incorporation of international law into domestic law. A position dependent upon such considerations contradicts Article 18 of the Vienna Convention on the Law of Treaties of 1969 which states that: "a state is obliged to refrain from acts which would defeat the object and purposes of a treaty when it has undertaken an act expressing its consent thereto." The Treaty, which is substantially a codification of customary international law, also provides that a State "may not invoke the provisions of its internal law as justification for its failure to perform a treaty" (Art. 27).</blockquote>
===Israeli views===
The Israeli government [[Status of territories captured by Israel#"Disputed territories"|maintains]] that according to international law the West Bank status is that of [[territorial dispute|disputed territories]].<ref name="mythsandfactsonline:">[https://www.jewishvirtuallibrary.org/jsource/myths3/MFexclusives.html#66 Jewish virtual library]. Retrieved on August 1, 2013.</ref><ref name=danny-youtube>{{cite web|title=Israel Palestinian Conflict: The Truth About the West Bank (minute 4:30)|date=July 12, 2011|url=https://www.youtube.com/watch?v=XGYxLWUKwWo&list=WL5ABC371F9A2AC9F7| archive-url=https://ghostarchive.org/varchive/youtube/20211117/XGYxLWUKwWo| archive-date=2021-11-17 | url-status=live|work=[[Danny Ayalon]]|publisher=[[YouTube]]|access-date=26 September 2013}}{{cbignore}}</ref>
The question is important given if the status of "occupied territories" has a bearing on the legal duties and rights of Israel toward those.<ref>{{cite web|title=Israeli Settlements and International Law|date=20 May 2001|url= http://www.mfa.gov.il/mfa/foreignpolicy/peace/guide/pages/israeli%20settlements%20and%20international%20law.aspx |work=[[Israel Ministry of Foreign Affairs]]|access-date=26 September 2013}}</ref> Hence it has been discussed in various forums including the UN.
Israel justifies its control over the territories by citing [[Jewish history|Jewish presence]] beginning in [[History of ancient Israel and Judah|biblical times]], Jordan's prior illegal occupation and initiation of the 1967 war, and security needs due to its small borders and hostile neighbors. Israel states that the territories' final status should be decided [[Israeli–Palestinian peace process|through negotiations]].<ref name=":02">{{Cite news |title=The world court says Israel's occupation is illegal |url=https://www.economist.com/middle-east-and-africa/2024/07/19/the-world-court-says-israels-occupation-is-illegal |access-date=2024-07-22 |newspaper=The Economist |issn=0013-0613}}</ref>
====Israeli judicial decisions====
In two cases decided shortly after independence, in the Shimshon and Stampfer cases, the [[Supreme Court of Israel]] held that the fundamental rules of international law accepted as binding by all "civilized" nations were incorporated in the domestic legal system of Israel. The Nuremberg Military Tribunal determined that the articles annexed to the [[Hague IV Convention]] of 1907 were customary law that had been recognized by all civilized nations.<ref>"Place of customary international law", pp. 5–6 of [http://ssrn.com/abstract=1290714 International Law in Domestic Courts: Israel, by Dr. David Kretzmer] and Chapter 2 "Application of International Law", in [https://books.google.com/books?id=_Thjg-0dut0C The Occupation of Justice], by David Kretzmer</ref> In the past, the Supreme Court has argued that the Geneva Convention insofar it is not supported by domestic legislation "does not bind this Court, its enforcement being a matter for the states which are parties to the Convention". They ruled that "Conventional international law does not become part of Israeli law through automatic incorporation, but only if it is adopted or combined with Israeli law by enactment of primary or subsidiary legislation from which it derives its force". However, in the same decision the Court ruled that the Fourth Hague Convention rules governing belligerent occupation did apply, since those were recognized as customary international law.<ref name=r1>[http://elyon1.court.gov.il/files_eng/81/690/000/z01/81000690.z01.pdf International Law – Administered Territories – Rights and Duties of Occupying Power – Registration and Taxation – Articles 43 and 49 of the Hague Regulations, 1907] {{Webarchive|url=https://web.archive.org/web/20160113021733/http://elyon1.court.gov.il/files_eng/81/690/000/z01/81000690.z01.pdf |date=2016-01-13 }}. Israeli Supreme Court document. April 5, 1983. (PDF) . Retrieved on 2012-01-15.</ref>
[[File:Alom More from Har Kabir.jpg|thumb|The settlement [[Elon Moreh]], 2008]]
[[File:Checkpoint near Abu Dis.jpg|thumb|right|A military checkpoint along the route of the forthcoming [[West Bank Barrier]], near [[Abu Dis]]]]
The [[Israeli High Court of Justice]] determined in the 1979 [[Elon Moreh]] case that the area in question was under occupation and that accordingly only the military commander of the area may requisition land according to [http://avalon.law.yale.edu/20th_century/hague04.asp#art52 Article 52 of the Regulations annexed to the Hague IV Convention]. [[Military necessity]] had been an after-thought in planning portions of the Elon Moreh settlement. That situation did not fulfill the precise strictures laid down in the articles of the Hague Convention, so the Court ruled the requisition order had been invalid and illegal.<ref>[[Yoram Dinstein]] [https://books.google.com/books?id=-QL8LsEpbuoC&pg=PA347 Israel Yearbook on Human Rights]. Volume 9, 1979, p. 349</ref> In recent decades, the government of Israel has argued before the [[Supreme Court of Israel]] that its authority in the territories is based on the international law of "belligerent occupation", in particular the [[Hague Conventions (1899 and 1907)|Hague Conventions]]. The court has confirmed this interpretation many times, for example in its 2004 and 2005 rulings on the [[Israeli West Bank barrier|separation fence]].<ref>[http://www.haaretz.com/hasite/images/iht_daily/D010704/hcfen0604.rtf 2004 Israeli Supreme Court ruling] {{Webarchive|url=https://web.archive.org/web/20081121104639/http://www.haaretz.com/hasite/images/iht_daily/D010704/hcfen0604.rtf |date=2008-11-21 }} (RTF format)</ref><ref>[http://www.zionism-israel.com/hdoc/High_Court_Fence.htm 2005 Israeli Supreme Court ruling]. Zionism-israel.com. Retrieved on 2012-01-15.</ref>
In its June 2005 ruling upholding the constitutionality of the [[Gaza disengagement]], the Court determined that "Judea and Samaria" [West Bank] and the Gaza area are lands seized during warfare, and are not part of Israel:
<blockquote>The Judea and Samaria Area is held by the State of Israel in belligerent occupation. The long arm of the state in the area is the military commander. He is not the sovereign in the territory held in belligerent occupation (see The Beit Sourik Case, at p. 832). His power is granted him by public international law regarding belligerent occupation. The legal meaning of this view is twofold: first, Israeli law does not apply in these areas. They have not been "annexed" to Israel. Second, the legal regime which applies in these areas is determined by public international law regarding belligerent occupation (see HCJ 1661/05 ''The Gaza Coast Regional Council v. The Knesset et al.'' (yet unpublished, paragraph 3 of the opinion of the Court; hereinafter – The Gaza Coast Regional Council Case). In the center of this public international law stand the Regulations Concerning the Laws and Customs of War on Land, The Hague, 18 October 1907 (hereinafter – The Hague Regulations). These regulations are a reflection of customary international law. The law of belligerent occupation is also laid out in IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War 1949 (hereinafter – the Fourth Geneva Convention).<ref>see [http://elyon1.court.gov.il/files_eng/04/570/079/a14/04079570.a14.pdf HCJ 7957/04 Mara'abe v. The Prime Minister of Israel] {{Webarchive|url=https://wayback.archive-it.org/all/20051028233445/http://elyon1.court.gov.il/files_eng/04/570/079/a14/04079570.a14.pdf |date=2005-10-28 }}</ref><ref>{{cite web|url=http://domino.un.org/UNISPAL.NSF/361eea1cc08301c485256cf600606959/211ae4cc9a841da3852570440073215b%21OpenDocument |title=Chronological Review of Events/June 2005 |access-date=2006-09-11 |url-status=dead |archive-url=https://web.archive.org/web/20081005170149/http://domino.un.org/UNISPAL.NSF/361eea1cc08301c485256cf600606959/211ae4cc9a841da3852570440073215b%21OpenDocument |archive-date=October 5, 2008 }}. United Nations. June 2005</ref></blockquote>
====Israeli legal and political views====
Soon after the 1967 war, Israel issued a military order stating that the [[Geneva Conventions]] applied to the recently occupied territories,<ref>{{cite web|url=http://www.israellawresourcecenter.org/cgi-bin/browse.py?sectionname=laws&action=view&item=1 |archive-url=https://web.archive.org/web/20060622212939/http://www.israellawresourcecenter.org/cgi-bin/browse.py?sectionname=laws&action=view&item=1 |archive-date=June 22, 2006 |title=Israeli Military Orders List |url-status=dead |access-date=June 1, 2016 }}. p. 1. israellawresourcecenter.org</ref> but this order was rescinded a few months later.<ref>{{cite web|url=http://www.israellawresourcecenter.org/cgi-bin/browse.py?sectionname=laws&action=view&item=101 |archive-url=https://web.archive.org/web/20060622213011/http://www.israellawresourcecenter.org/cgi-bin/browse.py?sectionname=laws&action=view&item=101 |archive-date=June 22, 2006 |title=Israeli Military Orders List |url-status=dead |access-date=June 1, 2016 }}. p. 3. israellawresourcecenter.org</ref> For a number of years, Israel argued on various grounds that the Geneva Conventions do not apply. One is the Missing Reversioner theory<ref>Yehuda Z. Blum [http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/israel3&div=26&id=&page= "The Missing Reversioner: Reflections on the Status of Judea and Samaria"], Israel L. Rev. 279 (1968)</ref> which argued that the Geneva Conventions apply only to the sovereign territory of a High Contracting Party, and therefore do not apply since Jordan never exercised sovereignty over the region.<ref name=r1/> However, that interpretation is not shared by the international community.<ref name=Geneva>{{cite news|title=The Geneva Convention|url=http://news.bbc.co.uk/2/hi/middle_east/1682640.stm|publisher=BBC|access-date=3 August 2010 | date=2009-12-10}}</ref> The application of Geneva Convention to Occupied Palestinian Territories was further upheld by International Court of Justice, UN General Assembly, UN Security Council and the Israeli Supreme Court.<ref name=Geneva/>
[[File:Qalandia checkpoint - panoramio (535).jpg|thumb|[[Israeli West Bank barrier]]]]
In the cases before the Israeli High Court of Justice the government has agreed that the military commander's authority is anchored in the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War, and that the humanitarian rules of the Fourth Geneva Convention apply.<ref>{{cite web|last=Israel: Supreme Court|title=Beit Sourik Village Council v. The Government of Israel|url=http://www.unhcr.org/refworld/docid/4374ac594.html|publisher=UNHCR|access-date=29 July 2010|page= 14}}</ref> The Israeli Ministry of Foreign Affairs says that the Supreme Court of Israel has ruled that the Fourth Geneva Convention and certain parts of Additional Protocol I reflect customary international law that is applicable in the occupied territories.<ref>[http://www.mfa.gov.il/MFA/Terrorism-+Obstacle+to+Peace/Hamas+war+against+Israel/Operation_Gaza_factual_and_legal_aspects_applicable_legal_framework_5_Aug_2009.htm See Operation Gaza: factual and legal aspects]. Mfa.gov.il. Retrieved on 2012-01-15.</ref>
Former Chief Justice of the Supreme Court [[Meir Shamgar]], taking a different approach, wrote in the 1970s that there is no ''[[de jure]]'' applicability of the 1949 Fourth Geneva Convention regarding occupied territories to the case of the [[West Bank]] and [[Gaza Strip]] since the Convention "is based on the assumption that there had been a sovereign who was ousted and that he had been a legitimate sovereign."<ref name="Gold on Disputed Territories">{{cite web |last=Gold |first=Dore |title=From "Occupied Territories" to "Disputed Territories |publisher=Jerusalem Center for Public Affairs (Israeli Security, Regional Diplomacy, and International Law)|date=16 January 2002 |url=http://www.jcpa.org/jl/vp470.htm |access-date=30 June 2017 }}</ref> Israeli diplomat, [[Dore Gold]], has stated that the language of "occupation" has allowed Palestinian spokesmen to obfuscate this history. By repeatedly pointing to "occupation," they manage to reverse the causality of the conflict, especially in front of Western audiences. Thus, the current territorial dispute is allegedly the result of an Israeli decision "to occupy," rather than a result of a war imposed on Israel by a coalition of Arab states in 1967.<ref name="Gold on Disputed Territories"/>
[[File:Situation in the West Bank (May 2021).svg|thumb|upright|Map of the [[West Bank]], May 2021, showing [[Palestinian National Authority|Palestinian]] (green) and Israeli control.]]
[[Gershom Gorenberg]], disputing these views, has written that the Israeli government knew at the outset that it was violating the Geneva Convention by creating civilian settlements in the territories under IDF administration. He explained that as the legal counsel of the Foreign Ministry, [[Theodor Meron]] was the Israeli government's expert on international law. On September 16, 1967, Meron wrote a top secret memo to Mr. Adi Yafeh, Political Secretary of the Prime Minister regarding "Settlement in the Administered Territories" which said "My conclusion is that civilian settlement in the Administered territories contravenes the explicit provisions of the Fourth Geneva Convention."<ref>Gorenberg, Gershom, ''The Accidental Empire: Israel and the Birth of the Settlements, 1967–1977'', Macmillan, 2006, {{ISBN|978-0-8050-7564-9}} p. 99</ref> Moshe Dayan authored a secret memo in 1968 proposing massive settlement in the territories which said "Settling Israelis in administered territory, as is known, contravenes international conventions, but there is nothing essentially new about that."<ref>See Israeli State Archives 153.8/7920/7A, Document 60, dated October 15, 1968, cited on page 173 of Gorenberg's ''The Accidental Empire''</ref>
Various [[Government of Israel|Israeli Cabinets]] have made political statements and many of Israel's citizens and supporters [[Military occupation#Disputed to be a military occupation by nation of dominant military forces in area|dispute]] that the territories are occupied and claim that use of the term "occupied" in relation to [[Israel]]'s control of the areas has no basis in [[international law]] or [[Land of Israel#The Land of Israel and the State of Israel|history]], and that it prejudges the outcome of any future or ongoing [[Israeli–Palestinian peace process|negotiations]]. They argue it is more accurate to refer to the territories as "[[International law and the Arab–Israeli conflict#"Occupied" vs. "Disputed" territories|disputed]]" rather than "[[Military occupation|occupied]]" although they agree to apply the humanitarian provisions of the [[Fourth Geneva Convention]] pending resolution of the dispute. [[Yoram Dinstein]] has dismissed the position that they are not occupied as being "based on dubious legal grounds, considering that the Fourth Geneva Convention does not make its applicability conditional on recognition of [sovereign] titles".<ref>See Yoram Dinstein, 'The International Law of Belligerent Occupation and Human Rights', 8 Israeli Yearbook on Human Rights 104, 107 (1978)</ref> Many Israeli government websites do refer to the areas as being "occupied territories".<ref>[https://www.knesset.gov.il/mk/eng/mk_eng.asp?mk_individual_id_t=690 Public activities section of Ezer Weizman's Knesset profile]. Knesset.gov.il. Retrieved on 2012-01-15.</ref> According to the BBC, "Israel argues that the international conventions relating to occupied land do not apply to the Palestinian territories because they were not under the legitimate sovereignty of any state in the first place."<ref>[http://news.bbc.co.uk/2/hi/in_depth/middle_east/israel_and_the_palestinians/key_documents/1682640.stm "The Geneva Convention"], Israel and the Palestinians, BBC News</ref>
In the ''Report on the Legal Status of Building in Judea and Samaria'', usually referred to as ''[[Levy Report]]'', published in July 2012, a three-member committee headed by former Israeli Supreme Court justice [[Edmund Levy]] which was appointed by Prime Minister [[Binyamin Netanyahu]] comes to the conclusion that Israel's presence in the West Bank is not an occupation in the legal sense,<ref name="NYTValidate">{{cite web|url=https://www.nytimes.com/2012/07/10/world/middleeast/israeli-panel-says-west-bank-presence-is-not-occupation-and-recommends-approval-of-jewish-settlements.html|title=Validate Settlements, Israeli Panel Suggests |work=The New York Times |author=Isabel Kershner|date=9 July 2012 |access-date=10 July 2012}}</ref> and that the Israeli settlements in those territories do not contravene international law.<ref name="JP276802">{{cite web |url=http://www.jpost.com/Diplomacy-and-Politics/PM-to-decide-on-Levy-report-with-settlement-ctee |title=PM to decide on Levy report with settlement c'tee |work=The Jerusalem Post |author=Lahav Harkov |date=9 July 2012 |access-date=13 January 2018 }}</ref> The report has met with both approval and harsh criticism in Israel and outside. As of July 2013, the report was not brought before the Israeli cabinet or any parliamentary or governmental body which would have the power to approve it.
====Israeli Jewish religious views====
{{Main|Land of Israel|Greater Israel}}
[[File:Map Land of Israel.jpg|thumb|200px|Map showing an interpretation of the borders of the Land of Israel, based on scriptural verses found in {{bibleverse||Numbers|34:1–15|HE}} and {{bibleverse||Ezekiel|47:13–20|HE}}, includes almost all of the occupied territories.]]
According to the views of most adherents of [[Religious Zionism]] and to certain streams of [[Orthodox Judaism]], there are no, and cannot be, "occupied territories" because all of the [[Land of Israel]] ({{lang-he|אֶרֶץ יִשְׂרָאֵל}} ''ʼÉreṣ Yiśrāʼēl'', ''Eretz Yisrael'') belongs to the [[Jews]], also known as the [[Children of Israel]], since the times of Biblical antiquity based on various [[Hebrew Bible]] passages.{{citation needed|date=March 2016}}
The Jewish religious belief that the area is a God-given inheritance of the Jewish people is based on the [[Torah]], especially the books of [[Book of Genesis|Genesis]] and [[Book of Exodus|Exodus]], as well as the [[Nevi'im|Prophets]]. According to the Book of Genesis, the land was promised by [[God in Judaism|God]] to the descendants of [[Abraham]] through his son [[Isaac]] and to the [[Israelites]], descendants of [[Jacob]], Abraham's grandson. A literal reading of the text suggests that the land promise is (or was at one time) one of the [[Biblical covenants]] between God and the Israelites, as the following verses show.{{citation needed|date=March 2016}}
The definition of the limits of this territory varies between biblical passages, some of the main ones being:
* {{bibleverse||Genesis|15:18–21|HE}}
* {{bibleverse||Exodus|23:28–33|HE}}
* {{bibleverse||Numbers|34:1–15|HE}}
* {{bibleverse||Deuteronomy|11:24|HE}}
* {{bibleverse||Deuteronomy|1:7|HE}}
* {{bibleverse||Ezekiel|47:13–20|HE}}
The boundaries of the Land of Israel are different from the borders of historical [[History of ancient Israel and Judah|Israelite kingdoms]]. The [[Bar Kokhba revolt|Bar Kokhba state]], the [[Herodian Kingdom]], the [[Hasmonean Kingdom]], and possibly the [[Kingdom of Israel (united monarchy)|United Kingdom of Israel and Judah]]<ref>{{cite web|url=http://ancienthistory.about.com/od/israeljudaea/f/UnitedMonarchy.htm|title=Ancient History: The United Monarchy|author=N.S. Gill|publisher=About.com Education|access-date=2013-11-20|archive-date=2013-12-03|archive-url=https://web.archive.org/web/20131203000812/http://ancienthistory.about.com/od/israeljudaea/f/UnitedMonarchy.htm|url-status=dead}}</ref> ruled lands with similar but not identical boundaries. The current [[State of Israel]] also has similar but not identical boundaries.
A small sect of [[Haredi Judaism|Haredi]] Jews, the [[Neturei Karta]] opposes [[Zionism]] and calls for a peaceful dismantling of the [[State of Israel]], in the belief that Jews are forbidden to have their own state until the coming of the [[Messiah]].<ref>{{cite web |url=https://www.jewishvirtuallibrary.org/jsource/Judaism/nk.html|title=Neturei Karta|publisher=Jewish Virtual Library}}</ref><ref>{{cite web|url=http://www.nkusa.org/AboutUs/Zionism/judaism_isnot_zionism.cfm|title=Judaism is not Zionism|publisher=Neturei Karta International|url-status=dead|archive-url=https://web.archive.org/web/20070415203350/http://www.nkusa.org/AboutUs/Zionism/judaism_isnot_zionism.cfm|archive-date=2007-04-15}}</ref>
===International views===
The official term used by the [[United Nations Security Council]] to describe Israeli-occupied territories is "the Arab territories occupied since 1967, including Jerusalem", which is used, for example, in Resolutions [https://unispal.un.org/UNISPAL.NSF/db942872b9eae454852560f6005a76fb/ba123cded3ea84a5852560e50077c2dc?OpenDocument 446 (1979)] {{Webarchive|url=https://web.archive.org/web/20150517060936/http://unispal.un.org/UNISPAL.NSF/db942872b9eae454852560f6005a76fb/ba123cded3ea84a5852560e50077c2dc?OpenDocument |date=2015-05-17 }}, [https://unispal.un.org/UNISPAL.NSF/db942872b9eae454852560f6005a76fb/0b7116abb4b7e3e9852560e5007688a0?OpenDocument 452 (1979)] {{Webarchive|url=https://web.archive.org/web/20150404062758/http://unispal.un.org/UNISPAL.NSF/db942872b9eae454852560f6005a76fb/0b7116abb4b7e3e9852560e5007688a0?OpenDocument |date=2015-04-04 }}, [[UN Security Council Resolution 465|465 (1980)]] and 484. A conference of the parties to the Fourth Geneva Convention,<ref>{{cite web |url=https://fmep.org/wp/wp-content/uploads/2015/01/12.1.pdf |title=Conference of High Contracting Parties to the Fourth Geneva Convention: Declaration |year=1949 |page=11 |publisher=hosted by Foundation for Middle East Peace |access-date=13 January 2018 }}</ref> and the [[International Committee of the Red Cross]],<ref>[http://www.icrc.org/Web/Eng/siteeng0.nsf/iwpList247/D86C9E662022D64E41256C6800366D55#2 "Annexe 2—Conference of High Contracting Parties to the Fourth Geneva Convention: statement by the International Committee of the Red Cross"] ICRC website. Retrieved October 5, 2005</ref> have also resolved that these territories are occupied and that the [[Fourth Geneva Convention]] provisions regarding occupied territories apply.
Israel's annexation of East Jerusalem in 1980 (see [[Jerusalem Law]]) has not been recognized by any other country,<ref>[[UN Security Council Resolution 497]] [http://www.cfr.org/content/publications/attachments/SC497.pdf]</ref> and the annexation of the Golan Heights in 1981 (see [[Golan Heights Law]]) has been recognized only by the [[United States]]. [[United Nations Security Council Resolution 478]] declared the annexation of East Jerusalem "null and void" and required that it be rescinded. [[United Nations Security Council Resolution 497]] also declared the annexation of the Golan "null and void". Following withdrawal by Israel from the Sinai Peninsula in 1982, as part of the 1979 [[Egypt–Israel peace treaty]], the Sinai ceased to be considered occupied territory. While the [[Palestinian Authority]], the [[European Union|EU]],<ref>{{cite web |url=https://www.theguardian.com/world/2009/mar/07/israel-palestine-eu-report-jerusalem|title=Israel annexing East Jerusalem, says EU |date=2009-03-07|work=The Guardian|author=Rory McCarthy|access-date=2009-03-08}}</ref> the [[International Court of Justice]],<ref name="International Court of Justice">{{cite web|url=http://www.icj-cij.org/docket/index.php?pr=71&code=mwp&p1=3&p2=4&p3=6&ca|title=Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory|date=9 July 2004|publisher=International Court of Justice|access-date=2012-04-29|archive-url=https://web.archive.org/web/20150924104839/http://www.icj-cij.org/docket/index.php?pr=71&code=mwp&p1=3&p2=4&p3=6&ca|archive-date=24 September 2015|url-status=dead}}</ref> the [[UN General Assembly]]<ref name="http://unispal.un.org">{{cite web|url=https://unispal.un.org/DPA/DPR/UNISPAL.NSF/47D4E277B48D9D3685256DDC00612265/C2A00B6E6E1C02CF8525798E00578F75|title=Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan|date=2012-12-01|publisher=[[United Nations Information System on the Question of Palestine]]|access-date=2012-04-29|archive-date=2017-10-10|archive-url=https://web.archive.org/web/20171010091056/https://unispal.un.org/DPA/DPR/UNISPAL.NSF/47D4E277B48D9D3685256DDC00612265/C2A00B6E6E1C02CF8525798E00578F75|url-status=dead}}</ref> and the [[UN Security Council]]<ref>[[s:United Nations Security Council Resolution 478]]</ref> consider East Jerusalem to be part of the West Bank and occupied by Israel; Israel considers all of [[Jerusalem]] to be its capital and sovereign territory.<ref name="kbl">{{cite web|url=https://www.knesset.gov.il/laws/special/eng/basic10_eng.htm |title=Basic Law: Jerusalem, Capital of Israel (Unofficial translation) Passed by the Knesset on the 17th Av, 5740 (30th July, 1980) and published in Sefer Ha-Chukkim No. 980 of the 23rd Av, 5740 (5th August, 1980) |publisher=Knesset |date=2008-08-05 |access-date=2015-02-20}}</ref>
The international community has formally entrusted the International Committee of the Red Cross (ICRC) with the role of guardian of international humanitarian law. That includes a watchdog function by which it takes direct action to encourage parties to armed conflict to comply with international humanitarian law.<ref>{{cite web|last=Sandoz|first=Yves|title=The International Committee of the Red Cross as guardian of international humanitarian law|url=http://www.icrc.org/eng/resources/documents/misc/about-the-icrc-311298.htm |publisher=ICRC|access-date=26 December 2010|date=1998-12-31}}</ref> The head of the International Red Cross delegation to Israel and the Occupied Territories stated that the establishment of Israeli settlements in the occupied territories is a grave breach of the [[Geneva Conventions]] that constitute [[war crimes|war crime]].<ref>{{cite web|title=Press Release-US Response to ICRC Statement on Illegal Israeli Settlements|url=http://www.un.int/wcm/content/site/palestine/cache/offonce/pid/11838;jsessionid=BDA36D4EF581DFDDEBE96B33A6C965E2|publisher=UN Permanent Observer Mission of Palestine|access-date=26 December 2010|url-status=dead|archive-url=https://web.archive.org/web/20120925191640/http://www.un.int/wcm/content/site/palestine/cache/offonce/pid/11838;jsessionid=BDA36D4EF581DFDDEBE96B33A6C965E2|archive-date=25 September 2012}}</ref>
In 1986, the [[International Court of Justice]] ruled that portions of the Geneva Conventions of 1949 merely declare existing customary international law.<ref>see [http://www.icj-cij.org/docket/index.php?p1=3&p2=3&code=nus&case=70&k=66 Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America)] {{Webarchive|url=https://web.archive.org/web/20160304201021/http://www.icj-cij.org/docket/index.php?p1=3&p2=3&code=nus&case=70&k=66 |date=2016-03-04 }}</ref> In 1993, the UN Security Council adopted a binding Chapter VII resolution establishing an International Criminal Tribunal for the former Yugoslavia. The resolution approved a Statute which said that the problem of adherence of some but not all States to the Geneva Conventions does not arise, since beyond any doubt the Convention is declarative of customary international law.<ref>see [https://www.un.org/icty/legaldoc-e/basic/statut/s25704.htm the report made by the Secretary General]</ref> The subsequent interpretation of the [[International Court of Justice]] does not support Israel's view on the applicability of the Geneva Conventions.<ref name="icj">[http://www.icj-cij.org/docket/index.php?p1=3&p2=4&code=mwp&case=131&k=5a "Legal Consequence of the Construction of a Wall in the Occupied Palestinian Territory"] {{Webarchive|url=https://web.archive.org/web/20080430104232/http://www.icj-cij.org/docket/index.php?p1=3&p2=4&code=mwp&case=131&k=5a |date=2008-04-30 }}. Icj-cij.org. Retrieved on 2012-01-15.</ref>
[[File:President Trump Welcome the Prime Minister of Israel to the White House, 25 March 2019.jpg|thumb|President [[Donald Trump]] signs the proclamation [[United States recognition of the Golan Heights as part of Israel|recognizing Israel's sovereignty]] over the Golan Heights, 25 March 2019]]
In July 2004, the International Court of Justice delivered an [[Advisory Opinion]] on the [https://web.archive.org/web/20180908090214/http://www.icj-cij.org/docket/index.php?p1=3&p2=4&k=5a&PHPSESSID=1e92d1f61e92ee74a585b3d836385610&case=131&code=mwp&p3=4 'Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory']. The Court observed that under customary international law as reflected in [http://avalon.law.yale.edu/20th_century/hague04.asp#art42 Article 42 of the Regulations annexed to the Hague IV Convention], territory is considered occupied when it is actually placed under the authority of the hostile army, and the occupation extends only to the territory where such authority has been established and can be exercised. [[Israel]] raised a number of exceptions and objections,<ref>[http://www.icj-cij.org/docket/files/131/1579.pdf 'Letter dated 29 January 2004 from the Deputy Director General and Legal Advisor of the Ministry of Foreign Affairs, together with the Written Statement of the Government of Israel'] {{webarchive|url=https://web.archive.org/web/20110305232558/http://www.icj-cij.org/docket/files/131/1579.pdf |date=5 March 2011 }}. (PDF) . Retrieved on 2012-01-15.</ref> but the Court found them unpersuasive. The Court ruled that territories had been occupied by the Israeli armed forces in 1967, during the conflict between Israel and Jordan, and that subsequent events in those territories, had done nothing to alter the situation.
Multiple [[United Nations General Assembly]] resolutions have described the continuing occupation of Palestine [[Legality of the Israeli occupation of Palestine|as illegal]].<ref>{{cite journal |last1=Wilde |first1=Ralph |title=Using the Master's Tools to Dismantle the Master's House: International Law and Palestinian Liberation |journal=The Palestine Yearbook of International Law Online |date=2021 |volume=22 |issue=1 |page=26 |doi=10.1163/22116141_022010_002 |s2cid=245698763 |url=https://brill.com/view/journals/pyio/22/1/article-p1_2.xml|doi-access=free }}</ref> Michael Lynk, the [[United Nations special rapporteur]] on human rights in the Palestinian territories occupied since 1967, in his 2017 report to the UN General Assembly has opined that the occupation itself has become illegal and has recommended that a UN study be commissioned to determine this and to consider asking the International Court of Justice for an advisory opinion.<ref>{{cite web |url= http://www.ohchr.org/Documents/Countries/PS/A_72_43106.docx|title= Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967|last= Lynk |first= S.Michael|date=23 October 2017 }}</ref> The general thrust of international law scholarship addressing this question has concluded that, regardless of whether it was initially legal, the occupation has become illegal over time. [[Legality of the Israeli occupation of Palestine|Reasons cited for its illegality]] include the violation of the [[Use of force in international law|prohibition on the acquisition of territory through force]], that the occupation violates the Palestinian right to [[self-determination]], that the occupation itself is an illegal regime "of alien subjugation, domination and exploitation", or some combination of these factors.<ref>{{cite journal |last1=Imseis |first1=Ardi |title=Negotiating the Illegal: On the United Nations and the Illegal Occupation of Palestine, 1967–2020 |journal=European Journal of International Law |date=2020 |volume=31 |issue=3 |pages=1072–1073, 1085 |doi=10.1093/ejil/chaa055 |url=https://academic.oup.com/ejil/article/31/3/1055/5903619 |issn=0938-5428|doi-access=free }}</ref>
==International law violations==
{{See also|Legality of the Israeli occupation of Palestine|Human rights in Israel#Human rights in the occupied territories}}
The establishment of [[Israeli settlements]] is held to constitute a transfer of Israel's civilian population into the occupied territories and as such is illegal under the [[Fourth Geneva Convention]].<ref>{{cite journal|title=Israeli Settlements in Occupied Arab Lands: Conquest to Colony|last=Abu-Lughod|first=Janet|journal=Journal of Palestine Studies|volume=11|issue=2|publisher=University of California Press|jstor=2536268|quote=annexations, expulsions and the creation of settlements are specifically prohibited by international law. The Fourth Geneva Convention, in Article 47, proscribes the annexation of occupied territory, and the United Nations has repeatedly condemned Israel's precipitous annexation of East Jerusalem and a wide belt of surrounding suburbs, villages and towns. Article 49 of the same convention prohibits the forcible transfer or deportation of residents from an occupied area, regardless of motive. And yet thousands of Palestinians have been expelled (see Lesch, 1979: 113–130, for a partial list of the "officially deported" ones) while many more have been, through measures to be described below, "pressured" to leave. The same Article expressly forbids the transfer by an occupying power of any of its civilian population into occupied areas. And yet, at most recent count, over 90,000 Israeli Jews have been officially "settled" within the illegally annexed Jerusalem district, and more than 30,000 others have been "settled" in some 100 nahals (military forts), villages and even towns that the Israeli government has authorized, planned, financed and built in unannexed zones beyond the 1949 cease-fire line that Israelis refer to not as a border, but euphemistically as a "green line."|pages=16–54 [17] |year=1982|doi=10.1525/jps.1982.11.2.00p0373x}}</ref><ref>{{cite journal|title=International Law and the al-Aqsa Intifada |last=Falk |first=Richard|author-link=Richard Falk|journal=Middle East Report|issue=217|publisher=Middle East Research and Information Project |jstor=1520166|quote=Article 49 has been interpreted as prohibiting both forced deportations of Palestinians and population transfers of the sort associated with the establishment and continuous expansion of Israeli settlements|pages=16–18 [17]|year=2000|doi=10.2307/1520166 }}</ref><ref>{{cite journal|title=Prolonged Military Occupation: The Israeli-Occupied Territories Since 1967|last=Roberts|first=Adam|author-link=Adam Roberts (scholar)|journal=The American Journal of International Law|volume=84|issue=1|publisher=American Society of International Law |jstor=2203016|quote=The settlements program is quite simply contrary to international law. However, it is now so far advanced, and so plainly in violation of the Geneva Convention, that it actually creates a powerful reason for Israel's continuing refusal to accept that the Convention is applicable in the occupied territories on a de jure basis|pages=44–103 [85]|year=1990|doi=10.2307/2203016|s2cid=145514740}}</ref> This is disputed by other legal experts who argue with this interpretation of the law.<ref>Gerald M Adler [http://www.journalonline.co.uk/Magazine/54-10/1007008.aspx Preserving a legal inheritance: settlement rights in the "Occupied Palestinian Territories"]. ''The Journal Online''. 19 October 2009. Retrieved on 2012-01-15.</ref>
[[File:Protesters carring photos of Shireen Abu Akleh, Lod may 22.jpg |thumb|Protestors in [[Lod]] carrying photos of Palestinian-American journalist [[Shireen Abu Akleh]], who was shot dead while reporting in the West Bank on 11 May 2022]]
In 2000, the editors of the Geneva Academy of International Humanitarian Law and Human Rights Palestine Yearbook of International Law (1998–1999) said "the "transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory" amounts to a war crime. They hold that this is obviously applicable to Israeli settlement activities in the Occupied Arab Territories."<ref>''Palestine Yearbook of International Law 1998–1999'', Anis Kassim (Editor), Springer, 2000, {{ISBN|978-90-411-1304-7}}</ref>
In 2004 the International Court of Justice, in an advisory, non-binding<ref>[http://www.icj-cij.org/docket/index.php?pr=71&code=mwp&p1=3&p2=4&p3=6&ca] {{Webarchive|url=https://web.archive.org/web/20150924104839/http://www.icj-cij.org/docket/index.php?pr=71&code=mwp&p1=3&p2=4&p3=6&ca|date=2015-09-24}} Retrieved on 2012-07-30.</ref> opinion, noted that the Security Council had described Israel's policy and practices of settling parts of its population and new immigrants in the occupied territories as a "flagrant violation" of the Fourth Geneva Convention. The Court also concluded that the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) have been established "in breach of international law" and that all the States parties to the Geneva Convention are under an obligation to ensure compliance by Israel with international law as embodied in the Convention.<ref name="icj"/>
In May 2012 the 27 ministers of foreign affairs of the European Union published a report strongly denouncing policies of the State of Israel in the West Bank and finding that settlements in the West Bank are illegal: "settlements remain illegal under international law, irrespective of recent decisions by the government of Israel. The EU reiterates that it will not recognize any changes to the pre-1967 borders including with regard to Jerusalem, other than those agreed by the parties."<ref name="haaretz.com">''Haaretz'', 14 May 2012, "EU: Israel's Policies in the West Bank Endanger Two-State Solution," http://www.haaretz.com/news/diplomacy-defense/eu-israel-s-policies-in-the-west-bank-endanger-two-state-solution-1.430421</ref> The report by all EU foreign ministers also criticized the Israeli government's failure to dismantle settler outposts illegal even under domestic Israeli law."<ref name="haaretz.com"/>
Israel denies that the Israeli settlements are in breach of any international laws.<ref name="MFA_FAQ_settlements">{{cite web
|url=http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+Peace+Process/Israel-+the+Conflict+and+Peace-+Answers+to+Frequen.htm#settlements|title=Israel, the Conflict and Peace: Answers to frequently asked questions|date=November 2007|publisher=[[Ministry of Foreign Affairs (Israel)|Israel Ministry of Foreign Affairs]]|quote=Are Israeli settlements legal?}}</ref> The Israeli Supreme Court has yet to rule decisively on settlement legality under the Geneva Convention.<ref>{{cite book |author=David Kretzmer|title=The Occupation of Justice: the Supreme Court of Israel and the Occupied Territories |url=https://books.google.com/books?id=_Thjg-0dut0C|access-date=15 January 2012|year=2002|publisher=SUNY Press|isbn=978-0-7914-5337-7 |page=99}}</ref>
===2012 UN report on settlements===
The [[United Nations Human Rights Commission]] decided in March 2012 to establish a panel charged with investigating "the implications of the Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem."<ref name="Haaretz 2012">''Haaretz'', 3 May 2012, "U.S. Pressing UN Human Rights Commissioner to Put Off West Bank Settlements Probe," http://www.haaretz.com/news/diplomacy-defense/u-s-pressing-un-human-rights-commissioner-to-put-off-west-bank-settlements-probe-1.427744</ref> In reaction the government of Israel ceased cooperating with the [[UN High Commissioner on Human Rights]] and boycotted the UN Human Rights Commission. The U.S. government acceded to the Israeli government demand to attempt to thwart the formation of such a panel.<ref name="Haaretz 2012"/>
On January 31, 2012, the United Nations independent "International Fact-Finding Mission on Israeli Settlements in the Occupied Palestinian Territory" filed a report stating that Israeli settlement led to a multitude of violations of Palestinian human rights and that if Israel did not stop all settlement activity immediately and begin withdrawing all settlers from the West Bank, it potentially might face a case at the [[International Criminal Court]]. It said that Israel was in violation of article 49 of the fourth [[Geneva convention]] forbidding transferring civilians of the occupying nation into occupied territory. It held that the settlements are "leading to a creeping annexation that prevents the establishment of a contiguous and viable Palestinian state and undermines the right of the Palestinian people to self-determination." After Palestine's admission to the United Nations as a non-member state in September 2012, it potentially may have its complaint heard by the International Court. Israel's foreign ministry replied to the report saying that "Counterproductive measures – such as the report before us – will only hamper efforts to find a sustainable solution to the Israel-Palestinian conflict. The human rights council has sadly distinguished itself by its systematically one-sided and biased approach towards Israel."<ref>Harriet Sherwood, [https://www.theguardian.com/world/2013/jan/31/israel-must-withdraw-settlers-icc Israel must withdraw all settlers or face ICC, says UN report], ''[[The Guardian]]'', January 31, 2013.</ref><ref>[https://www.un.org/apps/news/story.asp?NewsID=44045&Cr=palestin&Cr1=#.UQtfEWc1CSo Independent UN inquiry urges halt to Israeli settlements in occupied Palestinian territory], United Nations News Center, January 31, 2012.</ref><ref>Human Rights Council Twenty-second session, Agenda item 7, Human rights situation in Palestine and other occupied Arab territories, [http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session19/FFM/FFMSettlements.pdf Report of the independent international fact-finding mission to investigate the implications of the Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem] (Advanced Unedited Version), accessed February 1, 2013.</ref>
===2013 EU directive for 2014 to 2020===
Following a decision by [[European Union]] (EU) foreign ministers in December 2012 stating that "all agreements between the state of Israel and the EU must unequivocally and explicitly indicate their inapplicability to the territories occupied by Israel in 1967", the [[European Commission]] issued guidelines for the 2014 to 2020 financial framework covering all areas of co-operation between the EU and Israel, including economics, science, culture, sports and academia but excluding trade on 30 June 2013. According to the directive all future agreements between the EU and Israel must explicitly exclude Jewish settlements and Israeli institutions and bodies situated across the pre-1967 Green Line – including the Golan Heights, the West Bank and East Jerusalem.<ref name="Guardianexclusion-clause">{{cite web|title=EU takes tougher stance on Israeli settlements|author=Harriet Sherwood |work=The Guardian |location=London |date=16 July 2013|access-date=12 August 2013 |url=https://www.theguardian.com/world/2013/jul/16/eu-israel-settlement-exclusion-clause}}</ref> EU grants, funding, prizes or scholarships will only be granted if a settlement exclusion clause is included, forcing the Israeli government to concede in writing that settlements in the occupied territories are outside the state of Israel to secure agreements with the EU.<ref name="Haaretz1.535952">{{cite web|title=EU: Future agreements with Israel won't apply to territories|author=Barak Ravid |work=Haaretz |location=Tel Aviv |date=16 July 2013|access-date=12 August 2013 |url=http://www.haaretz.com/news/diplomacy-defense/.premium-1.535952#}}</ref>
In a statement, the EU said that
<blockquote>the guidelines are...in conformity with the EU's longstanding position that Israeli settlements are illegal under international law and with the non-recognition by the EU of Israel's sovereignty over the occupied territories, irrespective of their legal status under domestic Israeli law. At the moment Israeli entities enjoy financial support and cooperation with the EU and these guidelines are designed to ensure that this remains the case. At the same time concern has been expressed in Europe that Israeli entities in the occupied territories could benefit from EU support. The purpose of these guidelines is to make a distinction between the State of Israel and the occupied territories when it comes to EU support.<ref name="EU">{{cite web|title=Statement by the Delegation of the European Union to the State of Israel on the European Commission Notice |publisher=Delegation of the European Union to Israel|date=16 July 2013|access-date=12 August 2013 |url=http://eeas.europa.eu/delegations/israel/press_corner/all_news/news/2013/20131607_02_en.htm}}</ref></blockquote>
The guidelines do not apply to any Palestinian body in the West Bank or East Jerusalem, and they do not affect agreements between the EU and the PLO or the Palestinian Authority, nor do they apply to Israeli government ministries or national agencies, to private individuals, to human rights organizations operating in the occupied territories, or to [[NGO]]s working toward promoting peace which operate in the occupied territories.<ref name="Haaretz1.536155">{{cite web|title=EU's new policy on Israeli settlements: The full guidelines|author=Barak Ravid |work=Haaretz |location=Tel Aviv |date=16 July 2013|access-date=12 August 2013 |url=http://www.haaretz.com/news/diplomacy-defense/.premium-1.536155}}</ref><ref name="Guidelines">{{cite journal|title=Guidelines on the eligibility of Israeli entities and their activities in the territories occupied by Israel since June 1967 for grants, prizes and financial instruments funded by the EU from 2014 onwards|journal=Official Journal of the European Union |url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2013:205:FULL:EN:PDF#page=11 |date=19 July 2013 |volume=56 |access-date=12 August 2013|pages=9–11}}</ref>
The move was described as an "earthquake" by an Israeli official who wished to remain anonymous,<ref name="Haaretz1.535952"/> and prompted harsh criticism by prime minister Benjamin Netanyahu who said in a broadcast statement: "As prime minister of Israel, I will not allow the hundreds of thousands of Israelis who live in the West Bank, Golan Heights and our united capital Jerusalem to be harmed. We will not accept any external diktats about our borders. This matter will only be settled in direct negotiations between the parties." Israel is also concerned that the same policy could extend to settlement produce and goods exported to European markets, as some EU member states are pressing for an EU-wide policy of labelling produce and goods originating in Jewish settlements to allow consumers to make informed choices.<ref name="Guardianexclusion-clause" /> A special ministerial panel led by prime minister Netanyahu, decided to approach the EU and demand several key amendments in the guidelines before entering any new projects with the Europeans. A spokesperson for the EU confirmed that further talks would take place between Israel and the EU, stating: "We stand ready to organise discussions during which such clarifications can be provided and look forward to continued successful EU-Israel cooperation, including in the area of scientific cooperation."<ref name="Telegraphexclusion-clause">{{cite news|title=Israel seeks compromise on EU settlement sanctions|author=Robert Tait |work=[[The Daily Telegraph]] |location=London |date=9 August 2013|access-date=12 August 2013 |url=https://www.telegraph.co.uk/news/worldnews/middleeast/israel/10233578/Israel-seeks-compromise-on-EU-settlement-sanctions.html |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/news/worldnews/middleeast/israel/10233578/Israel-seeks-compromise-on-EU-settlement-sanctions.html |archive-date=2022-01-12 |url-access=subscription |url-status=live}}{{cbignore}}</ref>
Palestinians and their supporters hailed the EU directive as a significant political and economic sanction against settlements. [[Hanan Ashrawi]] welcomed the guidelines, saying: "The EU has moved from the level of statements, declarations and denunciations to effective policy decisions and concrete steps, which constitute a qualitative shift that will have a positive impact on the chances of peace."<ref name="Guardianexclusion-clause" />
===2024 ICJ opinion===
The International Court of Justice delivered a landmark advisory opinion in July 2024 that Israel's occupation of West Bank, East Jerusalem and the Gaza Strip was illegal, and should be ended "as rapidly as possible".<ref>{{cite news |last1=Berg |first1=Raffi |title=UN top court says Israeli occupation of Palestinian territories is illegal |url=https://www.bbc.com/news/articles/cjerjzxlpvdo |access-date=21 July 2024 |work=[[BBC News]] |date=19 July 2024}}</ref><ref>{{cite news |last1=Maupas |first1=Stephanie |last2=Imbert |first2=Louis |title=International Court of Justice calls on Israel to end occupation of Palestinian territories 'as rapidly as possible |url=https://www.lemonde.fr/en/international/article/2024/07/20/international-court-of-justice-calls-on-israel-to-end-occupation-of-palestinian-territories-as-rapidly-as-possible_6691356_4.html# |access-date=July 22, 2024 |work=[[Le Monde]] |date=July 20, 2024}}</ref> The court found that Israel's occupation was illegal due to "sustained abuse by Israel of its position as an occupying power through its annexation and assertion of permanent control over occupied Palestinian territory, and its continued frustration of the right of the Palestinian people to self-determination".<ref>{{cite news |last1=Siddique |first1=Haroon |title=UN court orders Israel to end its occupation of Palestinian territories |url=https://theguardian.com/world/article/2024/jul/19/israels-settlement-policies-break-international-law-court-finds |access-date=July 22, 2024 |work=[[The Guardian]] |date=July 19, 2024}}</ref><ref>{{cite news |last1=Ebrahim |first1=Nadeen |last2=McCluskey |first2=Mitchell |title=Top UN court says Israeli occupation of West Bank and East Jerusalem is illegal |url=https://cnn.com/2024/07/19/middleeast/israel-west-bank-jerusalem-occupation-icj-opinion-intl |access-date=July 22, 2024 |work=[[CNN]] |date=July 19, 2024}}</ref> The court also stated that Israel should "make reparations for the damage caused to all the people" of such lands, and that Israel also had "an obligation to cease immediately all new settlement activities and to evacuate all settlers" from the West Bank and East Jerusalem.<ref name=Jacob>{{cite news |last1=Jacob |first1=Sarah |title=Israel's Palestinian Territories Occupation Unlawful: UN Court |url=https://www.bnnbloomberg.ca/business/company-news/2024/07/19/israels-palestinian-territories-occupation-unlawful-un-court/ |access-date=21 July 2024 |work=[[BNN Bloomberg]] |date=19 July 2024}}</ref><ref>{{cite news |date=19 July 2024 |title=Palestinians Hail ICJ Ruling, Condemnation In Israel |url=https://www.barrons.com/news/palestinians-hail-icj-ruling-condemnation-in-israel-7f58dabe |url-status=live |archive-url=https://web.archive.org/web/20240723155017/https://www.barrons.com/news/palestinians-hail-icj-ruling-condemnation-in-israel-7f58dabe |archive-date=23 July 2024 |access-date=21 July 2024 |work=[[Barron's]] |agency=[[Agence France-Presse]]}}</ref>
==See also==
* [[International law and the Arab–Israeli conflict]]
* [[Israel and apartheid]]
* [[Jordanian annexation of the West Bank]]
* [[List of Israeli settlements]]
* [[Occupation of the Gaza Strip by the United Arab Republic|Occupation of the Gaza Strip by Egypt]]
* [[Occupation of the Gaza Strip by Israel]]
==Notes==
{{notelist}}
==References==
{{reflist|30em}}
<!-- Dead note "WaterGeog": [https://web.archive.org/web/20060628073107/http://www.wws.princeton.edu/wws401c/geography.html "Geography of Water Resources"], Princeton University. Retrieved October 7, 2005. --> <!-- Dead note "DGold1": [http://www.jcpa.org/jl/vp470.htm "Occupied Territories" to "Disputed Territories"] by [[Dore Gold]], Jerusalem Center for Public Affairs, January 16, 2002. Retrieved September 29, 2005. -->
==External links==
{{wikiquote}}
{{Commons category|Territories under occupation by Israel}}
* [https://www.icj-cij.org/sites/default/files/case-related/186/186-20240719-adv-01-00-en.pdf Legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory, including East Jerusalem], advisory opinion of the International Court of Justice, 19 July 2024
* [http://www.jcpa.org/jl/vp470.htm "From 'Occupied Territories' to 'Disputed Territories{{'"}} by Dore Gold]
* [https://web.archive.org/web/20041201112441/http://www.geocities.com/alabasters_archive/occupied_water.html "Israeli Water Interests in the Occupied Territories"], from [http://www.washingtoninstitute.org/templateC04.php "Security for Peace: Israel's Minimal Security Requirements in Negotiations with the Palestinians"] ({{Webarchive|url=https://web.archive.org/web/20051030081118/http://www.washingtoninstitute.org/templateC04.php |date=2005-10-30 }}), by Ze'ev Schiff, 1989. Retrieved October 8, 2005.
* Howell, Mark (2007). ''What Did We Do to Deserve This? Palestinian Life Under Occupation in the West Bank'', Garnet Publishing. {{ISBN|978-1-85964-195-8}}.
* [http://www.ohchr.org/en/countries/menaregion/pages/psindex.aspx Occupied Palestinian Territory], The [[Office of the United Nations High Commissioner for Human Rights]] (OHCHR)
{{DEFAULTSORT:Israeli-Occupied Territories}}
[[Category:Israeli-occupied territories| ]]
[[Category:Israeli–Palestinian conflict]]
[[Category:West Asia]]' |
New page wikitext, after the edit (new_wikitext) | '{{POV|date=July 2024}}
{{Short description|Territories presently occupied by Israel since the 1967 Six-Day War}}
{{Pp-extended|small=yes}}
[[File:Israel and occupied territories map.png|thumb|right|300px|Map showing the [[Status of territories occupied by Israel in 1967|status of Israel and the Israeli-occupied territories]] {{As of|2018|lc=y}}]]
{{Israeli occupations navbox}}
[[Israel]] has occupied the [[Palestinian territories]] and the [[Golan Heights]] since the [[Six-Day War]] of 1967. It previously occupied the [[Israeli occupation of the Sinai Peninsula|Sinai Peninsula]] and [[southern Lebanon]] as well. Prior to 1967, the Palestinian territories was split between the [[Gaza Strip]] [[Occupation of the Gaza Strip by the United Arab Republic|controlled by]] [[Egypt]] and the [[West Bank]] [[Jordanian annexation of the West Bank|by]] [[Jordan]], while the Sinai Peninsula and the Golan Heights are parts of Egypt and [[Syria]], respectively. The Israeli occupation of the Palestinian territories and the Golan Heights, where Israel had transferred its parts of population there and built large [[Israeli settlement|settlements]], is the [[List of military occupations|longest military occupation in modern history]].
From 1967 to 1981, the four areas were administered under the [[Israeli Military Governorate]], and after the return of the Sinai Peninsula to Egypt after the [[Egypt–Israel peace treaty]], Israel effectively annexed the Golan Heights and East Jerusalem in 1980, and brought the rest of the [[West Bank]] and the [[Gaza Strip]] under the [[Israeli Civil Administration]].<ref>{{cite web|url=http://www.un.org/en/sc/repertoire/89-92/Chapter%208/MIDDLE%20EAST/item%2024_occupied%20arab%20territories_.pdf|title=The situation in the occupied Arab territories}}</ref>
The [[International Court of Justice]] (ICJ),<ref name="International Court of Justice" /> the [[United Nations General Assembly|UN General Assembly]],<ref name="http://unispal.un.org"/> and the [[United Nations Security Council|UN Security Council]] all regard [[List of military occupations#Contemporary occupations|Israel as the occupying power]] for the territories.<ref name=UNSC_Res_476>Strongly deplores the continued refusal of Israel, the occupying Power, to comply with the relevant resolutions of the Security Council and the General Assembly; {{cite book|author1=Ruth Lapidoth|author2=Moshe Hirsch|title=The Jerusalem Question and Its Resolution: Selected Documents|url=https://books.google.com/books?id=e93JIwTBjHgC&pg=PA351|access-date=15 January 2012|year=1994 |publisher=Martinus Nijhoff Publishers|isbn=978-0-7923-2893-3|pages=351–}}</ref> The ICJ in 2024 ruled that Israel's occupation was illegal and called for Israel to make [[Reparation (legal)|reparations]] to the people of the occupied territories.<ref name=Jacob/> UN Special Rapporteur [[Richard A. Falk|Richard Falk]] called Israel's occupation "an affront to international law".<ref>{{cite web|url=http://www.timesofisrael.com/un-expert-if-talks-fail-hague-should-opine-on-israel/|title=Controversial UN expert: If talks fail, Hague should opine on Israel|work=The Times of Israel}}</ref> The [[Supreme Court of Israel]] has ruled that Israel is [[Israeli occupation of the West Bank|holding the West Bank under "belligerent occupation"]].<ref name="domino.un.org">[https://ihl-databases.icrc.org/applic/ihl/ihl-nat.nsf/46707c419d6bdfa24125673e00508145/09d47365bd007706c12575c20046ec2a ''Beit Sourik Village Council v. The Government of Israel'']. (PDF) . Retrieved on April 4, 2017.</ref><ref>{{cite web |url=http://www.haaretz.com/israel-news/legal-expert-if-israel-isn-t-occupying-west-bank-it-must-give-up-land-held-by-idf-1.449909 |title=Legal Expert: If Israel Isn't Occupying West Bank, It Must Give Up Land Held by IDF |first=Tomer |last=Zarchin |date=July 9, 2012 |work=[[Haaretz]] |quote='If the Levy Committee is pushing the government to determine that Israel's presence in the West Bank does not violate international law, Israel is in a dangerous position facing the rest of the world,' said Sasson this morning to ''Haaretz''. ... 'For 45 years, different compositions of the High Court of Justice stated again and again that international law applies to the West Bank, which is clearly opposed to Levy's findings. This is a colossal turnaround, which I do not think is within his authority. He can tell the government that he recommends changing legal status, and that's all,' said Sasson. |access-date=March 12, 2017}}</ref> However, successive [[Cabinet of Israel|Israeli governments]] have preferred the term "disputed territories" in the case of the West Bank,<ref>[http://www.mfa.gov.il/MFA/About+the+Ministry/Behind+the+Headlines/FAQ_Peace_process_with_Palestinians_Dec_2009.htm#Settlements1 FAQ: The Peace process with the Palestinians – Dec 2009]. Mfa.gov.il. Retrieved on 2012-01-15.</ref><ref>[http://www.jcpa.org/jl/vp470.htm From "Occupied Territories" to "Disputed Territories," by Dore Gold]. Jcpa.org. Retrieved on 2012-01-15.</ref> and Israel likewise maintains that the West Bank is disputed territory.<ref name="mfafaq">{{cite web|url=http://mfa.gov.il/MFA/ForeignPolicy/FAQ/Pages/FAQ_Peace_process_with_Palestinians_Dec_2009.aspx#Settlements1 |title=Israel, the Conflict and Peace: Answers to frequently asked questions |publisher=Israel Ministry of Foreign Affairs |date=2009-12-30 |access-date=2015-01-24 |archive-url=https://web.archive.org/web/20150219075254/http://mfa.gov.il/MFA/ForeignPolicy/FAQ/Pages/FAQ_Peace_process_with_Palestinians_Dec_2009.aspx |archive-date=2015-02-19 |url-status=dead}}</ref>
Israel [[Israeli disengagement from Gaza|unilaterally disengaged from the Gaza Strip]] in 2005. The UN and a number of human rights organizations continue to consider Israel as the occupying power of the Gaza Strip due to [[Blockade of the Gaza Strip|its blockade of the territory]];<ref name="SPOKESPERSON's DAILY HIGHLIGHTS">{{cite web|title=SPOKESPERSON's DAILY HIGHLIGHTS |url=https://www.un.org/News/ossg/hilites/hilites_arch_view.asp?HighID=2059 |publisher=[[United Nations]] |access-date=29 April 2012 |url-status=dead |archive-url=https://web.archive.org/web/20120508013916/http://www.un.org/News/ossg/hilites/hilites_arch_view.asp?HighID=2059 |archive-date=8 May 2012}}</ref><ref name="AI_briefing"/><ref name="isrlpa13698"/><ref name="cnn2009-01-06"/><ref name=HRWGaza>{{cite web|title=Israel: 'Disengagement' Will Not End Gaza Occupation|url=https://www.hrw.org/en/news/2004/10/28/israel-disengagement-will-not-end-gaza-occupation|publisher=Human Rights Watch|access-date=11 May 2012|date=2004-10-29}}</ref> Israel rejects this characterization.<ref name="prosor">{{cite web|date=2014-07-18|title=Ambassador Prosor addresses the UN Security Council|url=http://mfa.gov.il/MFA/InternatlOrgs/Speeches/Pages/Amb-Prosor-addresses-the-UN-Security-Council-18-Jul-2014.aspx|url-status=dead|archive-url=https://web.archive.org/web/20150219090135/http://mfa.gov.il/MFA/InternatlOrgs/Speeches/Pages/Amb-Prosor-addresses-the-UN-Security-Council-18-Jul-2014.aspx|archive-date=2015-02-19|access-date=2015-01-24|publisher=Israel Ministry of Foreign Affairs}}</ref>
==Overview==
The significance of the designation of these territories as [[list of military occupations|occupied territory]] is that certain legal obligations fall on the [[military occupation|occupying power]] under international law. Under [[international law]] there are certain [[Military occupation#Occupation and the laws of war|laws of war governing military occupation]], including the [[Hague Conventions (1899 and 1907)|Hague Conventions of 1899 and 1907]] and the [[Fourth Geneva Convention]].<ref>[http://www.icrc.org/web/eng/siteeng0.nsf/html/634KFC Occupation and international humanitarian law: questions and answers], [[International Committee of the Red Cross]], 2004.</ref> One of those obligations is to maintain the ''status quo'' until the signing of a [[peace treaty]], the resolution of specific conditions outlined in a peace treaty, or the formation of a new civilian government.<ref name=GCIV>Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.[http://www.icrc.org/ihl.nsf/WebPrint/380-600054-COM?OpenDocument Commentary on Part III : Status and treatment of protected persons #Section III : Occupied territories Art. 47] by the [[International Committee of the Red Cross|ICRC]]</ref>
Israel disputes whether, and if so to what extent, it is an occupying power in relation to the [[Palestinian territories]] and as to whether [[Israeli settlement]]s in these territories are in breach of Israel's obligations as an occupying power and constitute a grave breach of the [[Geneva Conventions]] and whether the settlements constitute [[war crime]]s.<ref name="legal.un.org">[http://legal.un.org/icc/STATUTE/99_corr/cstatute.htm Rome Statute Of The International Criminal Court Article 8]. legal.un.org. Retrieved on 2013-10-18.</ref><ref name="icrc.org">Articles 85, 88, and 89 of Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977 [http://www.icrc.org/ihl.nsf/FULL/470?OpenDocument]</ref> In 2015, over 800,000 Israelis resided outside the 1949 Armistice Lines, constituting nearly 13% of Israel's Jewish population.<ref>{{cite web|url=http://www.israelnationalnews.com/Articles/Article.aspx/18210|title=407,118|website=Israel National News|date=9 January 2016 }}</ref>
{{Palestinian territory development}}
{|class="wikitable" style="font-size: 100%"
! !! [[Sinai Peninsula]] !! [[Southern Lebanon]] !! [[Golan Heights]]{{efn|The occupied part consists of the western two-thirds of the territory, which includes [[Mount Hermon]]. Israel has never occupied the eastern third of the Golan Heights.}} !! [[West Bank]]<br />(excluding East Jerusalem) !! [[East Jerusalem]] !! [[Gaza Strip]]
|-
| Occupation period ||align=center| 1956–1957,<br />[[Israeli occupation of the Sinai Peninsula|1967–1982]]{{efn|name=Taba|The border town of [[Taba, Egypt|Taba]] was returned in 1989 in a separate arrangement allowing Israelis to travel there free of charge.<ref>{{cite news|url=https://www.washingtonpost.com/archive/politics/1989/02/27/israel-egypt-sign-accord-on-return-of-taba-resort/f6598415-44b9-4e5d-928e-a17cd0b978b4/|title=Israel, Egypt sign accord on return of Taba resort|first=Glenn|last= Frankel|date=February 27, 1989|newspaper=[[Washington Post]]}}</ref>}} ||align=center| 1948–1949,{{Clear}}[[Israeli occupation of Southern Lebanon|1982–2000]] ||align=center| 1967–present ||align=center| 1967–present ||align=center| 1967–present ||align=center| 1956–1957,<br />1967–2005{{efn|From May 1994 (signing of the [[Gaza–Jericho Agreement]]) through August 2005 ([[Israeli disengagement from Gaza]]), Israel ceded a portion of the strip to the [[Palestinian National Authority]].}}<br />2023 – ongoing (portions){{efn|name="Current Gaza"|See [[Israeli invasion of the Gaza Strip (2023–present)]]}}
|-
| Claimed by || {{flag|Egypt}}{{efn|name=Trian and Sanafir|The occupied area included the islands of [[Tiran Island|Tiran]] and [[Sanafir Island|Sanafir]] at the mouth of the [[Gulf of Aqaba]]. Israel transferred the islands to Egypt as part of its withdrawal from the Sinai Peninsula and, subsequently, in 2017 Egypt transferred the two islands to [[Saudi Arabia]]. Israel was consulted and approved the subsequent transfer to Saudi Arabia}} || {{flag|Lebanon}} || {{flag|Syria}}<br />{{flag|Hezbollah}} ([[Shebaa Farms]], 2000–present) || {{flag|Jordan}} (1949–1988)<ref name="speech">[http://www.kinghussein.gov.jo/88_july31.html Address to the Nation]. Kinghussein.gov.jo. Retrieved on 2012-01-15.</ref><ref name="nytimes">{{cite news|url=https://www.nytimes.com/1988/08/01/world/hussein-surrenders-claims-west-bank-plo-us-peace-plan-jeopardy-internal-tensions.html?sec=&spon=&pagewanted=all |work=The New York Times |title=HUSSEIN SURRENDERS CLAIMS ON WEST BANK TO THE P.L.O.; U.S. PEACE PLAN IN JEOPARDY; Internal Tensions |first=John |last=Kifner |date=August 1, 1988}}</ref><br />{{flag|Palestine}} (1947–present) || {{flag|Jordan}} (1949–1988)<ref name="speech"/><ref name="nytimes"/>{{efn|Although renounced in 1988 its claims to East Jerusalem, Jordan still claims the [[Al-Aqsa Mosque compound]] within East Jerusalem.<ref>{{cite news| title= Jordan scrambles to affirm its custodianship of al-Aqsa mosque| url= https://www.theguardian.com/world/2020/nov/26/jordan-scrambles-affirm-custodianship-al-aqsa-mosque| date= November 26, 2020| first1= Martin| last1= Chulov| first2= Michael| last2= Safi| work=[[The Guardian]]}}</ref>}}<br />{{flag|Palestine}} (1947–present) || {{flag|Egypt}} (1949–1979)<br />{{flag|Palestine}} (1947–present)
|-
| Currently administrated by || {{flag|Egypt}}{{efn|name=Trian and Sanafir}} || {{flag|Lebanon}} || {{flag|Israel}} || {{flagicon|Palestine}} [[Palestinian National Authority|PNA]] ([[Area A|Areas A]] and B){{efn|name=Area B|Area B is under PNA civillian control and under Israeli security control.}}<br />{{flag|Israel}} (Areas B and [[Area C (West Bank)|C]]){{efn|name=Area B}} || {{flag|Israel}} || {{flagicon image|Flag of Hamas.svg}} [[Governance of the Gaza Strip|Hamas]] and {{flag|Israel}}{{efn|name="Current Gaza"}}
|-
| [[Israel]] considers it part of its territory || {{no}} || {{no}} || {{yes|Yes, as part of the [[Northern District (Israel)|Northern District]],<br />by the [[Golan Heights Law]]}} || {{partial|''[[De jure]]'' no, but ''[[de facto]]'' Israelis are allowed to live in [[Israeli settlement|settlements]] within [[Area C (West Bank)|Area C]], as a part of the [[Judea and Samaria Area]]}}{{efn|Since the occupation began in 1967, Israel applied its laws on Israeli citizens living in the West Bank with successive {{ill|Israel's law authorizing Israeli settlements in the West Bank|lt=emergency authorizations|he|תקנות שעת חירום (יהודה והשומרון – שיפוט בעבירות ועזרה משפטית)}}, each one lasting for five years. The last emergency authorization was approved in
2023.<ref>{{cite news|title=Israel's Knesset Extends West Bank Emergency Orders by Another Five Years|url=https://www.haaretz.com/israel-news/2023-01-24/ty-article/.premium/israels-knesset-extends-west-bank-emergency-orders-by-another-five-years/00000185-e4f6-d5f1-afcd-e5fe754b0000|date=24 January 2023|publisher=[[Haaretz]]}}</ref>}}{{efn|Over the years Israel had several plans to annex portions of the territory. The first plan was called the [[Allon Plan]]. The [[Proposed Israeli annexation of the West Bank|most recent plan]] was to annex 60% of the territory by July 2020.<ref>{{cite news|url=https://www.dw.com/en/israel-plans-to-annex-west-bank-territories/a-53690621|title=Israel plans to annex West Bank territories|date=June 4, 2020|first = Tania| last= Krämer}}</ref> None of the annexation plans were ever executed.}}|| {{yes}}, as undivided [[Jerusalem]] by the [[Jerusalem Law]] || {{no}}, but Israel has maintained control over the territory's border crossings, [[territorial waters]], and air space since the end of the occupation in 2005
|-
| Formerly part of the [[Mandatory Palestine|British Mandate]] || {{no}} || {{no}} || {{partial|Southern half: [[Paulet–Newcombe Agreement|until 1923]]}} || {{yes}} || {{yes}} || {{yes}}
|-
| Contains [[Israeli settlement]]s || {{no}}; evacuated in 1982{{efn|name=Taba}} || {{no}} || {{yes}} || {{yes}} || {{yes}} || {{no}}; [[Israeli disengagement from Gaza|evacuated in 2005]]{{efn|In the context of the [[Israel–Hamas war|Israel-Hamas war of 2023–2024]], some Israelis have organized with the goal of rebuilding the evacuated settlements.<ref>{{Cite AV media |title=The Israelis who campaign to occupy Gaza | publisher=DW News |type=News |url=https://www.youtube.com/watch?v=pfeLzXqL-nI |access-date=2024-01-30 |via=[[YouTube]]}} Reporting by Aya Ibrahim.</ref> }}
|}
==Sinai Peninsula==
{{Main|Israeli occupation of the Sinai Peninsula}}
Israel captured the [[Sinai Peninsula]] from [[Egypt]] in the 1967 [[Six-Day War]]. It established settlements along the Gulf of Aqaba and in the northeast portion, just below the [[Gaza Strip]]. It had plans to expand the settlement of [[Yamit]] into a city with a population of 200,000,<ref>''The Arab–Israeli Dilemma (Contemporary Issues in the Middle East)'', Syracuse University Press; 3rd edition (August, 1985) {{ISBN|978-0-8156-2340-3}}</ref> though the actual population of Yamit did not exceed 3,000.<ref>[http://www.theisraelproject.org/site/c.hsJPK0PIJpH/b.689861/k.7BC5/Israels_Withdrawal_from_Sinai_19791982.htm/ Kintera.org—The Giving Communities] {{webarchive|url=https://web.archive.org/web/20060301091150/http://www.theisraelproject.org/site/c.hsJPK0PIJpH/b.689861/k.7BC5/Israels_Withdrawal_from_Sinai_19791982.htm |date=2006-03-01 }}. Theisraelproject.org. Retrieved on 2012-01-15.</ref> The Sinai Peninsula was returned to Egypt in stages beginning in 1979 as part of the [[Egypt–Israel peace treaty]]. As required by the treaty, Israel evacuated Israeli military installations and civilian settlements prior to the establishment of "normal and friendly relations" between it and Egypt.<ref>"Upon completion of the interim withdrawal provided for in Annex I, the parties will establish normal and friendly relations, in accordance with Article III (3)." {{cite book |title=Jimmy Carter |publisher=US Government Printing Office |author=Frank Thompson |year=1978 |url=https://books.google.com/books?id=j_5-9zWaBI0C&pg=PA496 |page=496 |isbn=978-0-16-058935-5}}</ref> Israel dismantled eighteen settlements, two air force bases, a naval base, and other installations by 1982, including the only [[Petroleum|oil]] resources under Israeli control. The evacuation of the civilian population, which took place in 1982, was done forcefully in some instances, such as the evacuation of Yamit. The settlements were demolished, as it was feared that settlers might try to return to their homes after the evacuation.{{Citation needed|date=June 2010}} Since 1982, the Sinai Peninsula has not been regarded as occupied territory.
==South Lebanon==
{{Main|Southern Lebanon|Free Lebanon State|South Lebanon security belt administration|Israeli occupation of Southern Lebanon}}
{{unreferenced section|date=April 2023}}
[[File:South Lebanon Security Belt 11.jpg|thumb|180px|Israeli tank in [[southern Lebanon]] in July 1993]]
The Israeli occupation of southern Lebanon took place after [[Israel]] invaded [[Lebanon]] during the [[1982 Lebanon War]] and subsequently retained its forces to support the Christian [[South Lebanon Army]] militia in Southern Lebanon. In 1982, the [[Israeli Defense Forces]] (IDF) and allied [[Free Lebanon Army]] Christian militias seized large sections of Lebanon, including the capital of [[Beirut]], amid the hostilities of the wider [[Lebanese Civil War]]. Later, Israel withdrew from parts of the occupied area between 1983 and 1985, but remained in partial control of the border region known as the ''South Lebanon Security Belt'', initially in coordination with the self-proclaimed [[Free Lebanon State]], which executed a limited authority over portions of southern [[Lebanon]] until 1984, and later with the [[South Lebanon security belt administration]] and its [[South Lebanon Army]] (transformed from Free Lebanon Army), until the year 2000. Israel's stated purpose for the Security Belt was to create a space separating its northern border towns from terrorists residing in Lebanon.
During the stay in the security belt, the IDF held many positions and supported the SLA. The SLA [[South Lebanon security belt administration|took over daily life]] in the security zone, initially as the official force of the [[Free Lebanon State]] and later as an allied militia. Notably, the South Lebanon Army controlled the prison in Khiam. In addition, [[United Nations]] (UN) forces and the [[United Nations Interim Force in Lebanon]] (UNIFIL) were deployed to the security belt (from the end of [[1978 South Lebanon conflict|Operation Litani]] in 1978).
The strip was a few kilometers wide, and consisted of about 10% of the total territory of Lebanon, which housed about 150,000 people who lived in 67 villages and towns made up of [[Shia Islam|Shiites]], [[Maronites]], and [[Druze]] (most of whom lived in the town of [[Hasbaya]]). In the central zone of the Strip was the Maronite town [[Marjayoun]], which was the capital of the security belt. Residents remaining in the security zone had many contacts with Israel, many of whom have worked there and received various services from Israel.
Before the Israeli [[1999 Israeli general election|election in May 1999]], the [[Prime Minister of Israel]], [[Ehud Barak]], promised that within a year all Israeli forces would withdraw from Lebanon. When negotiation efforts failed between Israel and Syria—the goal of the negotiations was to bring a peace agreement between Israel and Lebanon as well, due to [[Syrian occupation of Lebanon]] until 2005—Barak led the withdrawal of the IDF to the Israeli border on 24 May 2000. No soldiers were killed or wounded during the redeployment to the internationally recognized border of [[Blue Line (Lebanon)|Blue Line]].
==Golan Heights==
{{Main|Golan Heights}}
[[File:Golan 92.jpg|right|thumb|Map of the [[Golan Heights]] since 1974]]
Israel captured the [[Golan Heights]] from [[Syria]] in the 1967 [[Six-Day War]]. A ceasefire was signed on 11 June 1967 and the Golan Heights came under Israeli military administration.<ref name="ybookcoil2004">During the Autumn of 2003, following the [http://my.ynet.co.il/pic/docs/doc_30.1/default.htm declassification of key Aman documents] {{Webarchive|url=https://web.archive.org/web/20080321042602/http://my.ynet.co.il/pic/docs/doc_30.1/default.htm |date=2008-03-21 }}, the newspaper [[Yedioth Ahronoth]] released a series of controversial articles which revealed that key Israeli figures were aware of considerable danger that an attack was likely, including Golda Meir and Moshe Dayan, but had decided not to act. The two journalists leading the investigation, Ronen Bergman and Gil Meltzer, later went on to publish ''Yom Kippur War, Real Time: The Updated Edition'', [http://www.ybook.co.il/catalog1.asp?bID=3622710 Yediot Ahronoth/Hemed Books], 2004. {{ISBN|978-965-511-597-0}}</ref> Syria rejected [[United Nations Security Council Resolution 242|UNSC Resolution 242]] of 22 November 1967, which called for the return of Israeli-occupied State <!-- UNSC Res 242 was only between "State/s" -->territories in exchange for peaceful relations. Israel had accepted Resolution 242 in a speech to the Security Council on 1 May 1968. In March 1972, Syria "conditionally" accepted Resolution 242,{{Citation needed|date=December 2013}} and in May 1974, the [[Agreement on Disengagement between Israel and Syria]] was signed.
In the [[Yom Kippur War]] of 1973, Syria attempted to recapture the Golan Heights militarily, but the attempt was unsuccessful. Israel and Syria signed a ceasefire agreement in 1974 that left almost all the Heights under Israeli control, while returning a narrow demilitarized zone to Syrian control. A United Nations observation force was established in 1974 as a buffer between the sides.<ref name="news.bbc.co.uk">[https://www.bbc.co.uk/news/world-middle-east-14724842 Golan Heights profile]. BBC. 30 August 2011</ref> By Syrian formal acceptance of [[UN Security Council Resolution 338]],<ref>{{cite web|url=http://domino.un.org/unispal.nsf/9a798adbf322aff38525617b006d88d7/cec8d84e2fe2c0d285256e3d006a820b%21OpenDocument |title=Syria's acceptance of 338 |access-date=2017-04-15 |url-status=dead |archive-url=https://web.archive.org/web/20070214052049/http://domino.un.org/unispal.nsf/9a798adbf322aff38525617b006d88d7/cec8d84e2fe2c0d285256e3d006a820b%21OpenDocument |archive-date=February 14, 2007 }}. General Assembly Security Council. United Nations. 23 October 1973</ref> which set out the cease-fire at the end of the Yom Kippur War, Syria also accepted Resolution 242.<ref>{{cite book |author1=Hinnebusch, Raymond A. |author2=Drysdale, Alasdair |title=Syria and the Middle East Peace Process |publisher=Council on Foreign Relations Press |location=New York |year=1991 |pages=[https://archive.org/details/syriamiddleeast00alas/page/105 105], 108|url=https://archive.org/details/syriamiddleeast00alas |url-access=registration |quote=0876091052. |isbn=978-0-87609-105-0}}</ref>
On 14 December 1981, Israel passed the [[Golan Heights Law]], extending Israeli administration and law to the territory. Israel has expressly avoided using the term "[[annexation]]" to describe the change of status. However, the [[United Nations Security Council|UN Security Council]] has rejected the ''de facto'' annexation in [[UN Security Council Resolution 497|UNSC Resolution 497]], which declared it as "null and void and without international legal effect",<ref>[http://www.cfr.org/content/publications/attachments/SC497.pdf UN Security Council Resolution 497]. (PDF) . Retrieved on 2012-01-15.</ref> and consequently continuing to regard the Golan Heights as Israeli-occupied territory. The measure has also been criticized by other countries, either as illegal or as not being helpful to the [[Israeli–Palestinian peace process|Middle East peace process]].{{Citation needed|date=May 2010}}
Syria wants the return of the Golan Heights, while Israel has maintained a policy of "[[land for peace]]" based on Resolution 242. The first high-level public talks aimed at a resolution of the [[Israel–Syria relations|Syria–Israel conflict]] were held at and after the multilateral [[Madrid Conference of 1991]]. Throughout the 1990s several Israeli governments negotiated with Syria's president [[Hafez Al-Assad]]. While serious progress was made, they were unsuccessful.
In 2004, there were 34 settlements in the Golan Heights, populated by around 18,000 people.<ref name="Golan Facts">[http://english.golan.org.il/vaad/efacts.asp Golan Facts] {{webarchive|url=https://web.archive.org/web/20060821032728/http://english.golan.org.il/vaad/efacts.asp |date=2006-08-21 }}.</ref> Today, an estimated 20,000 Israeli settlers and 20,000 Syrians live in the territory.<ref name="news.bbc.co.uk"/> All inhabitants are entitled to [[Israeli citizenship]], which would entitle them to an Israeli driver's license and enable them to travel freely in Israel.{{Citation needed|date=November 2010}} The non-Jewish residents, who are mostly [[Druze]], have nearly all declined to take Israeli citizenship.<ref name="news.bbc.co.uk"/><ref>[http://www.haaretz.com/news/golan-heights-druze-cross-into-syria-for-annual-pilgrimage-1.168787 "Golan Heights Druze cross into Syria for annual pilgrimage"], ''[[Haaretz]]'' 1 September 2005</ref>
In the Golan Heights there is another area occupied by Israel, namely the [[Shebaa farms]]. Syria and Lebanon have claimed that the farms belong to Lebanon and in 2007 a UN cartographer came to the conclusion that the Shebaa farms do actually belong to Lebanon (contrary to the belief held by Israel). UN then said that Israel should relinquish the control of this area.<ref>Ravid, Barak. (2008-04-02) [http://www.haaretz.com/print-edition/news/un-tells-israel-place-shaba-farms-in-hands-of-unifil-1.225283 "UN tells Israel: Place Shaba Farms in hands of UNIFIL"]. ''Haaretz''. Retrieved on 2012-01-15.</ref>
==Palestinian territories==
{{Main|Israeli–Palestinian conflict|Palestinian territories}}
===Background===
Both of these territories were part of [[Mandate Palestine]], and both have populations consisting primarily of [[Palestinians]] [[Arab]]s, including significant numbers of [[Palestinian refugee|refugee]]s who [[1948 Palestinian exodus|fled or were expelled]] from Israel and territory Israel controlled<ref>Letter dated 31 August 1949, addressed to the Chairman of the Conciliation Commission by Mr. Reuven Shiloah, Head of the Delegation of Israel, containing Replies to the Commission's Questionnaire of 15 August 1949 [https://unispal.un.org/UNISPAL.NSF/fd807e46661e3689852570d00069e918/c96e0252e7710bce85256d95006bc157?OpenDocument 31st Aug 1949 Israel's official claim to non-state territories] {{Webarchive|url=https://web.archive.org/web/20181118203617/https://unispal.un.org/UNISPAL.NSF/fd807e46661e3689852570d00069e918/c96e0252e7710bce85256d95006bc157?OpenDocument |date=2018-11-18 }}</ref> after the [[1948 Arab–Israeli War]]. Today, Palestinians make up around half of Jordan's population.
Jordan occupied the West Bank, including East Jerusalem, from 1948 to 1967, annexing it in 1950 and granting Jordanian citizenship to the residents in 1954 (the annexation claims and citizenship grants were rescinded in 1988 when Jordan acknowledged the [[Palestine Liberation Organization]] (PLO) as the sole representative of the Palestinian people). Egypt administered the Gaza Strip from 1948 to 1967 but did not annex it or make Gazans Egyptian citizens.<ref>{{CRS|article = Israel and the Palestinians: Prospects for a Two-State Solution| url=https://fas.org/sgp/crs/mideast/R40092.pdf}}</ref>
===West Bank===
{{Main|Israeli occupation of the West Bank|West Bank}}
{{See also|Judea and Samaria Area}}
[[File:Occupied Palestinian Territories.jpg|thumb|[[Area C (West Bank)|Area C]] (blue), the part of the [[West Bank]] under full Israeli control, in 2011]]
The West Bank was allotted to the Arab state under [[United Nations Partition Plan for Palestine|United Nations Partition Plan of 1947]], but the [[Jordanian annexation of the West Bank|West Bank was occupied by Transjordan]] after the 1948 war. In April 1950, Jordan annexed the West Bank,<ref>Lutfiyya, Abdulla M., Baytin: A Jordanian Village. A Study of Social Institutions and Social Change in a Folk Community, Walter de Gruyter, 1966, p.14</ref> but this was recognized only by the [[United Kingdom]] and Pakistan. (see [[1949 Armistice Agreements]], [[Green Line (Israel)|Green Line]])
In 1967, the West Bank came under Israeli military administration. Israel retained the mukhtar ([[mayor]]al) system of government inherited from Jordan, and subsequent governments began developing [[infrastructure]] in Arab villages under its control. (see [[#Palestinians and Israeli law|Palestinians and Israeli law]], [[International law and the Arab–Israeli conflict|International legal issues of the conflict]], [[economy of the State of Palestine|Palestinian economy]]). As a result of "[[Israeli law in the West Bank settlements|Enclave law]]", large portions of Israeli [[Civil law (legal system)|civil law]] are applied to Israeli settlements and Israeli residents in the occupied territories.<ref name="Ben-NaftaliSfard2018">{{cite book|author1=Orna Ben-Naftali|author2=Michael Sfard|author3=Hedi Viterbo|title=The ABC of the OPT: A Legal Lexicon of the Israeli Control over the Occupied Palestinian Territory|url=https://books.google.com/books?id=Is5TDwAAQBAJ&pg=PA52|date=10 May 2018|publisher=Cambridge University Press|isbn=978-1-107-15652-4|pages=52–}}</ref>
Since the [[Israel–Palestine Liberation Organization letters of recognition]] of 1993, most of the [[demographics of Palestine|Palestinian population]] and [[List of cities in Palestinian Authority areas|cities]] came under the jurisdiction of the [[Palestinian Authority]], and only partial Israeli military control, although Israel has frequently redeployed its [[Israel Defense Forces|troops]] and reinstated full military administration in various parts of the two territories.
On July 31, 1988, Jordan renounced its claims to the West Bank for the PLO.<ref name="nytimes"/>
In 2000, the Israeli government started to construct the [[Israeli West Bank barrier]], within the [[West Bank]], separating Israel and several of its settlements, as well as a significant number of Palestinians, from the remainder of the West Bank. State of Israel cabinet approved a route to construct separation barrier whose total length will be approximately {{convert|760|km|0|abbr=on}} built mainly in the West Bank and partly along the [[1949 Armistice Agreements|1949 Armistice line]], or "Green Line" between Israel and Palestinian West Bank.<ref>{{cite web|url=http://www.btselem.org/separation_barrier/statistics |title=The Separation Barrier – Statistics | B'Tselem |publisher=Btselem.org |access-date=2012-08-13}}</ref> 12% of the West Bank area is on the Israel side of the barrier.<ref>"Israel High Court Ruling Docket H.C.J. 7957/04: International Legality of the Security Fence and Sections near Alfei Menashe"</ref>
In 2004, the [[International Court of Justice]] issued an advisory opinion stating that the barrier violates [[international law]].<ref>[http://edition.cnn.com/2004/WORLD/meast/07/09/israel.barrier/index.html U.N. court rules West Bank barrier illegal], [[CNN]], July 10, 2004.</ref> It claimed that "Israel cannot rely on a right of self-defence or on a state of necessity in order to preclude the wrongfulness of the construction of the wall".<ref>{{cite web |url=http://www.icj-cij.org/docket/index.php?pr=71&p1=3&p2=1&case=131&p3=6 |title=International Court of Justice |publisher=Icj-cij.org |date=2004-07-09 |access-date=2012-08-13 |archive-url=https://web.archive.org/web/20120505180237/http://www.icj-cij.org/docket/index.php?pr=71&p1=3&p2=1&case=131&p3=6 |archive-date=2012-05-05 |url-status=dead }}</ref> However, Israel government derived its justification for constructing this barrier with Prime Minister [[Ehud Barak]] stating that it is "essential to the Palestinian nation in order to foster its national identity and independence without being dependent on the State of Israel".<ref>Makovsky, David (March/April 2004). "How to Build a Fence". Foreign Affairs 83 (2): 50–64. {{doi|10.2307/20033902}}. ISSN 0015-7120. {{cite web|url=http://www.amherst.edu/~daschaich/writings/rant/fence.pdf |title=Amherst College |access-date=2013-08-18 |url-status=dead|archive-url=https://web.archive.org/web/20051028164136/http://www.amherst.edu/~daschaich/writings/rant/fence.pdf |archive-date=October 28, 2005 }} Retrieved 2007-04-16.</ref> The Israeli Supreme Court, sitting as the High Court of Justice, stated that Israel has been holding the areas of Judea and Samaria in belligerent occupation, since 1967. The court also held that the normative provisions of public international law regarding belligerent occupation are applicable. The Regulations Concerning the Laws and Customs of War on Land, The Hague of 1907 and the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War 1949 were both cited.<ref name="domino.un.org"/>
[[File:Neve Danyal entrance.jpg|thumb|Israeli settlement of [[Neve Daniel]] in the West Bank]]
About 500,000 Israeli settlers live in the West Bank and another 200,000 live in East Jerusalem.<ref>{{cite news |title=Jewish settler population in the West Bank surpasses half a million |url=https://www.latimes.com/world-nation/story/2023-02-02/israeli-settler-population-west-bank-surpasses-500000 |work=Los Angeles Times |date=2 February 2023}}</ref><ref>{{cite news |title=Israel to ramp up settlement expansion in occupied West Bank |url=https://www.aljazeera.com/news/2023/6/18/israeli-minister-given-sweeping-settlement-building-powers |work=Al-Jazeera |date=18 June 2023}}</ref><ref>{{cite news |title=Far-right Israeli Minister Lays Groundwork for Doubling West Bank Settler Population |url=https://www.haaretz.com/israel-news/2023-05-18/ty-article/.premium/far-right-israeli-minister-lays-groundwork-for-doubling-west-bank-settler-population/00000188-2de6-d6e4-ab9d-ede74a3e0000 |work=Haaretz |date=18 May 2023}}</ref> The barrier has many effects on Palestinians including reduced freedoms, road closures, loss of land, increased difficulty in accessing medical and educational services in Israel,<ref name="pdm.medicine.wisc.edu">[http://pdm.medicine.wisc.edu/Volume_22/issue_4/doocy.pdf] {{webarchive|url=https://web.archive.org/web/20120310094724/http://pdm.medicine.wisc.edu/Volume_22/issue_4/doocy.pdf|date=March 10, 2012}}</ref> restricted access to water sources, and economic effects. Regarding the violation of freedom of Palestinians, in a 2005 report, the United Nations stated that:[47]
...it is difficult to overstate the humanitarian impact of the Barrier. The route inside the West Bank severs communities, people's access to services, livelihoods and religious and cultural amenities. In addition, plans for the Barrier's exact route and crossing points through it are often not fully revealed until days before construction commences.<ref name="unispal.un.org">{{cite web |url=https://unispal.un.org/UNISPAL.NSF/0/0163EF0C6E99036F85256EB3004E6EBF |title=Palestine question/Mideast situation – Compilation of resolutions and decisions adopted in 2003 (English and French) (23 April 2004) |publisher=[[United Nations Information System on the Question of Palestine]] |access-date=2012-08-13 |url-status=dead |archive-url=https://web.archive.org/web/20120525130051/http://unispal.un.org/UNISPAL.NSF/0/0163EF0C6E99036F85256EB3004E6EBF |archive-date=25 May 2012 }}</ref> This has led to considerable anxiety among Palestinians about how their future lives will be impacted...The land between the Barrier and the Green Line constitutes some of the most fertile in the West Bank. It is currently the home for 49,400 West Bank Palestinians living in 38 villages and towns.<ref>Introduction, The Humanitarian Impact of the West Bank Barrier on Palestinian Communities, United Nations. {{cite web |url=http://unispal.un.org/UNISPAL.NSF/0/CE5E268886F715968525732F00484598 |title=Humanitarian impact of the West Bank barrier on Palestinian communities (June 2007) – OCHA/UNRWA report (30 July 2007) |access-date=2014-09-27 |url-status=dead |archive-url=https://web.archive.org/web/20131029190612/http://unispal.un.org/UNISPAL.NSF/0/CE5E268886F715968525732F00484598 |archive-date=2013-10-29 }}.</ref>
On Feb 6, 2017, The Knesset passed the controversial [[Regulation Law]], which aimed at retroactively legalizing 2,000 to 4,000 Israeli settlements in [[Area C (West Bank)|Area C]].<ref>{{Cite news|url=https://www.nytimes.com/2017/02/06/world/middleeast/israel-settlement-law-palestinians-west-bank.html?_r=1|title=Israel Passes Provocative Law to Retroactively Legalize Settlements|newspaper=New York Times|date=6 February 2017 |access-date=2017-02-06 |last1=Fisher |first1=Ian }}</ref> On June 9, 2020, the Israeli Supreme Court struck down the law as "infringing on the property rights of Palestinian residents."<ref>{{cite news|url=https://www.reuters.com/article/us-israel-palestinians-settlements-idUSKBN23G2MI|title=Israel's Supreme Court strikes down law legalising settlements on private Palestinian land|newspaper=Reuters|access-date=2020-09-26}}</ref>
In February 2023, the [[Thirty-seventh government of Israel|new Israeli government]] under Benjamin Netanyahu approved the legalization of nine illegal settler outposts in the West Bank.<ref>{{cite news |title=U.S. Announced Israeli Settlement Freeze, Netanyahu Rushed to Deny It |url=https://www.haaretz.com/israel-news/2023-02-27/ty-article/.premium/u-s-announced-israeli-settlement-freeze-netanyahu-rushed-to-deny-it/00000186-926e-d064-afde-f7fed8d50000 |work=Haaretz |date=27 February 2023}}</ref> Finance Minister [[Bezalel Smotrich]] took charge of most of the [[Israeli Civil Administration|Civil Administration]], obtaining broad authority over civilian issues in the West Bank.<ref>{{Cite web|url=https://www.timesofisrael.com/smotrich-handed-sweeping-powers-over-west-bank-control-over-settlement-planning/|title=Smotrich handed sweeping powers over West Bank, control over settlement planning|first=Jeremy|last=Sharon|work=The Times of Israel|date=23 February 2023}}</ref><ref>{{Cite news|url=https://www.theguardian.com/world/2023/feb/24/former-us-ambassador-accuses-israel-creeping-annexation-west-bank-israel-palestinians|title=Former US ambassador accuses Israel of 'creeping annexation' of the West Bank|first=Chris|last=McGreal|date=24 February 2023|newspaper=The Guardian}}</ref> In June 2023, Israel shortened the procedure of approving settlement construction and gave Finance Minister Smotrich the authority to approve one of the stages, changing the system operating for the last 27 years.<ref>{{cite news |title=Israeli government takes major step toward West Bank annexation |url=https://www.lemonde.fr/en/international/article/2023/06/20/israeli-government-takes-major-step-toward-west-bank-annexation_6034532_4.html# |work=[[Le Monde]] |date=21 June 2023}}</ref> In its first six months, construction of 13,000 housing units in settlements, almost triple the amount advanced in the whole of 2022.<ref>{{Cite web|url=https://www.timesofisrael.com/netanyahu-hands-smotrich-full-authority-to-expand-existing-settlements/|title=Netanyahu hands Smotrich full authority to expand existing settlements|first=Jeremy|last=Sharon|website=www.timesofisrael.com|date=18 June 2023}}</ref>
=== East Jerusalem ===
{{Main|East Jerusalem}}
[[File:Zoning in East Jerusalem as of December 2017.jpg|thumb|East Jerusalem zoning]]
[[File:2018 OCHA OpT map Jerusalem.jpg|thumb|2018 [[United Nations Office for the Coordination of Humanitarian Affairs|United Nations]] map of the area, showing the [[Israeli occupation of the West Bank|Israeli occupation]] arrangements.]]
[[Jerusalem]] has created additional issues in relation to the question of whether or not it is occupied territory. The [[United Nations Partition Plan for Palestine|1947 UN Partition Plan]] had contemplated that all of Jerusalem would be an international city within an international area that included [[Bethlehem]] for at least ten years, after which the residents would be allowed to conduct a [[referendum]] and the issue could be re-examined by the Trusteeship Council.
However, after the [[1948 Arab–Israeli War]], [[Jordan]] captured [[East Jerusalem]] and the [[Old City (Jerusalem)|Old City]], and Israel captured and annexed the western part of Jerusalem {{Citation needed|reason=Date of referendum? Source citing the document for this annexation?|date=November 2011}}. Jordan bilaterally annexed East Jerusalem along with the rest of the West Bank in 1950 as a temporary trustee <ref name=trustee_annexation>[https://www.jewishvirtuallibrary.org/jsource/Peace/legsess.html Sessions of the Arab League]. Session 12-11 Date: May 1950. Council approved plan to consider Jordan the "trustee" of Eastern Palestine.</ref> at the request of a Palestinian delegation,<ref name=requested_annexation>In December 1948, at a conference which took place in Jericho, a group of hand-picked leaders of Palestinian Arabs resolved to ask King Abdullah of Transjordan to incorporate the Arab parts of Palestine into his kingdom. The General Armistice Agreement of 3 April 1949 constituted de facto recognition of that incorporation; however, it was specifically designed as a military agreement which did not prejudice the political positions of the contracting parties.{{cite web|url=http://www.jcpa.org.il/art/knesset6.htm |title=Annexation of the West Bank by the Hashemite Kingdom of Jordan |access-date=2011-11-26 |url-status=dead |archive-url=https://web.archive.org/web/20111002213659/http://www.jcpa.org.il/art/knesset6.htm |archive-date=2011-10-02 }}</ref> and although the annexation was recognized by only two countries, it was not condemned by the UNSC. The British did not recognize the territory as sovereign to Jordan.<ref>UK recognition of Israel and of Jordanian annexation of the West Bank, [[British House of Commons|House of Commons]], April 17, 1950—[[Media:UKrecognizesIsraelJordan.pdf|scan as PDF file]]</ref> Israel captured East Jerusalem from Jordan in the 1967 [[Six-Day War]]. On June 27, Israel extended its laws, jurisdiction, and administration to East Jerusalem and several nearby towns and villages, and incorporated the area into the Jerusalem Municipality. In 1980, the [[Knesset]] passed the [[Jerusalem Law]], which was declared a [[Basic Laws of Israel|Basic Law]], which declared Jerusalem to be the "complete and united" capital of Israel. However, [[United Nations Security Council]] [[UN Security Council Resolution 478|Resolution 478]] declared this action to be "null and void", and that it "must be rescinded forthwith". The international community does not recognize Israeli sovereignty over East Jerusalem and considers it an occupied territory.<ref>{{Cite book|last=Korman|first=Sharon|title=The right to conquest: the acquisition of territory by force in international law and practice|publisher=Oxford University Press US|year=2005|url=https://books.google.com/books?id=ueDO1dJyjrUC&pg=PA250 |pages=250–260|isbn=978-0-19-828007-1}}</ref>
UN Security Council Resolution 478 also called upon countries which held their diplomatic delegations to Israel in Jerusalem, to move them outside the city. Most nations with embassies in Jerusalem complied, and relocated their embassies to [[Tel Aviv]] or other Israeli cities prior to the adoption of Resolution 478. Following the withdrawals of [[Costa Rica]] and [[El Salvador]] in August 2006, no country maintained its embassy in Jerusalem until 2018, although [[Bolivia]] and [[Paraguay]] once had theirs in nearby [[Mevaseret Zion]].<ref>{{cite news |title=Costa Rica's Exit Leaves El Salvador with Lone Embassy in Jerusalem |url=http://www.israelnationalnews.com/News/Flash.aspx/110349 |work=[[Arutz Sheva]] |date=18 August 2006 |access-date=7 June 2017}}</ref><ref>{{Cite news |editor-last=HaLevi |editor-first=Ezra |title=Last Embassy Abandons Jerusalem |url=http://www.israelnationalnews.com/News/News.aspx/110798 |work=[[Arutz Sheva]] |date=27 August 2006 |access-date=7 June 2017}}</ref> The [[United States Congress]] passed the [[Jerusalem Embassy Act]] in 1995, stating that "Jerusalem should be recognized as the capital of the State of Israel; and the United States Embassy in Israel should be established in Jerusalem no later than May 31, 1999." As a result of the [[Jerusalem Embassy Act|Embassy Act]], official U.S. documents and web sites refer to Jerusalem as the capital of Israel. Until May 2018, the law had never been implemented, because successive U.S. Presidents [[Bill Clinton|Clinton]], [[George W. Bush|Bush]], and [[Barack Obama|Obama]] exercised the law's presidential waiver, citing national security interests. On 14 May 2018, the U.S. opened its Embassy in Jerusalem.<ref>[https://www.youtube.com/watch?v=MISVkrFAiFk US embassy opens in Jerusalem | Full ceremony] [[Fox News]], 14 May 2018</ref>
East Jerusalem residents are increasingly becoming integrated into Israeli society, in terms of education, citizenship, national service and in other aspects.<ref name = "Hasson 2012">{{Cite news | title = A surprising process of 'Israelization' is taking place among Palestinians in East Jerusalem | last = Hasson | first = Nir | newspaper = [[Haaretz]] |url=http://www.haaretz.com/weekend/magazine/a-surprising-process-of-israelization-is-taking-place-among-palestinians-in-east-jerusalem.premium-1.490367 | date = 29 December 2012 | access-date = 25 November 2014 | archive-date = 29 November 2014 | archive-url=https://web.archive.org/web/20141129134142/http://www.haaretz.com/weekend/magazine/a-surprising-process-of-israelization-is-taking-place-among-palestinians-in-east-jerusalem.premium-1.490367 | url-status = live }}</ref><ref>{{Cite web |last=Koren |first=David |date=2018-09-13 |title=The desire of eastern Jerusalem Arabs to integrate in Israeli society outweighs the threats of the Palestinian Authority |url=https://jiss.org.il/en/koren-desire-eastern-jerusalem-arabs-integrate-israeli-society-outweighs-threats-palestinian-authority/ |access-date=2022-07-13 |website=JISS |language=en-US}}</ref> Recent surveys show that, if given the option of having East Jerusalem transferred today from Israeli rule to the [[Palestinian National Authority]], most East Jerusalem Palestinians would oppose the proposal.<ref name = "Hasson 2012"/><ref>{{Cite web |title=إستطلاع رأي : 93% من العرب في القدس يفضلون بقاء الحكم الإسرائيلي |url=https://www.shfanews.net/post/102082 |access-date=2022-04-30 |website=شبكة فلسطين للأنباء – شفا |date=13 December 2021 |language=ar}}</ref><ref>{{Cite web |title=93% of east Jerusalem Arabs prefer Israeli rule, poll shows |url=https://www.israelhayom.com/2021/12/15/93-of-east-jerusalem-arabs-prefer-israeli-rule-poll-shows/ |access-date=2022-04-30 |website=www.israelhayom.com}}</ref> According to Middle East expert David Pollock, in the hypothesis that a final agreement was reached between Israel and the Palestinians with the establishment of a [[two-state solution]], 48% of East Jerusalem Arabs would prefer being citizens of Israel, while 42% of them would prefer the [[State of Palestine]]. 9% would prefer [[Jordan]]ian citizenship.<ref name=":0">{{Cite web |title=New Poll Reveals Moderate Trend Among East Jerusalem Palestinians |url=https://www.washingtoninstitute.org/policy-analysis/new-poll-reveals-moderate-trend-among-east-jerusalem-palestinians |access-date=2022-07-13 |website=The Washington Institute |language=en}}</ref>
In May 2021, [[2021 Israel–Palestine crisis|clashes]] occurred between Palestinians and Israeli police over further anticipated [[Palestinian displacement in East Jerusalem|Palestinian evictions]] in the [[Sheikh Jarrah]] neighborhood of East Jerusalem.<ref>{{Cite news|last=Kingsley|first=Patrick|author-link=Patrick Kingsley (journalist)|date=7 May 2021|title=Evictions in Jerusalem Become Focus of Israeli-Palestinian Conflict|work=[[New York Times]]|location=Jerusalem|url=https://www.nytimes.com/2021/05/07/world/middleeast/evictions-jerusalem-israeli-palestinian-conflict-protest.html|archive-date=9 May 2021|archive-url=https://web.archive.org/web/20210509010508/https://www.nytimes.com/2021/05/07/world/middleeast/evictions-jerusalem-israeli-palestinian-conflict-protest.html|url-status=live}}</ref>
===Gaza Strip===
{{Main|Gaza Strip}}
[[File:Map of Gaza Strip with no-go zone 2012.jpg|thumb|Map of the Gaza Strip]]
The Gaza Strip was allotted to the Arab state envisioned by the [[United Nations Partition Plan for Palestine|United Nations Partition Plan of 1947]], but no Arab state formed as a result of the 1947 partition plan. As a result of the [[1949 Armistice Agreements]], the [[occupation of the Gaza Strip by the United Arab Republic|Gaza Strip became occupied by Egypt]].
Between 1948 and 1967, the Gaza Strip was under Egyptian military administration, being officially under the jurisdiction of the [[All-Palestine Government]] until in 1959 it was merged into the [[United Arab Republic]], de facto becoming under direct Egyptian military governorship.
Between 1967 and 1993, the Gaza Strip was under Israeli military administration. In March 1979, Egypt renounced all claims to the Gaza Strip in the [[Egypt–Israel peace treaty]].
Since the [[Israel–Palestine Liberation Organization letters of recognition]] of 1993, the Gaza Strip came under the jurisdiction of the [[Palestinian National Authority|Palestinian Authority]].
A July 2004 opinion of the [[International Court of Justice]] treated Gaza as a part of the Occupied Palestinian Territory.<ref>[http://www.icj-cij.org/docket/files/131/1677.pdf Summary of the Advisory Opinion: Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory] {{webarchive|url=https://web.archive.org/web/20140825085245/http://www.icj-cij.org/docket/files/131/1677.pdf |date=2014-08-25 }}, [[International Court of Justice]], July 9, 2004.</ref>
In February 2005, the Israeli government voted to implement a [[Israel's unilateral disengagement plan|unilateral disengagement plan]] from the Gaza Strip. The plan began to be implemented on 15 August 2005, and was completed on 12 September 2005. Under the plan, all Israeli settlements in the Gaza Strip (and four in the West Bank) and the joint Israeli-Palestinian Erez Industrial Zone were dismantled with the removal of all 9,000 Israeli settlers (most of them in the [[Gush Katif]] settlement area in the Strip's southwest) and military bases. Some settlers resisted the order, and were forcibly removed by the IDF. On 12 September 2005 the Israeli cabinet formally declared an end to Israeli military occupation of the Gaza Strip. To avoid allegations that it was still in occupation of any part of the Gaza Strip, Israel also withdrew from the [[Philadelphi Route]], which is a narrow strip adjacent to the [[Egypt–Gaza border|Strip's border with Egypt]], after Egypt's agreement to secure its side of the border. Under the Oslo Accords the Philadelphi Route was to remain under Israeli control to prevent the smuggling of materials (such as ammunition) and people across the border with Egypt. With Egypt agreeing to patrol its side of the border, it was hoped that the objective would be achieved. However, Israel maintained its control over the crossings in and out of Gaza. The Rafah crossing between Egypt and Gaza was monitored by the Israeli army through special surveillance cameras. Official documents such as passports, I.D. cards, export and import papers, and many others had to be approved by the Israeli army.{{Citation needed|date=January 2009}}
[[File:Intifada in Gaza Strip, 1987 VI Dan Hadani Archive.jpg|thumb|Israeli soldiers and protesters in Gaza during the [[First Intifada]] in 1987]]
The Israeli position is that it no longer occupies Gaza, as Israel does not exercise effective control or authority over any land or institutions inside the Gaza Strip.<ref name=Gold>Dore Gold, [http://www.jcpa.org/brief/brief005-3.htm JCPA Legal Acrobatics: The Palestinian Claim that Gaza is Still "Occupied" Even After Israel Withdraws], [[Jerusalem Center for Public Affairs]], Vol. 5, No. 3, August 26, 2005.</ref><ref name=CJPA2>[https://archive.today/20130415040103/http://www.jcpa.org/JCPA/Templates/ShowPage.asp?DRIT=1&DBID=1&LNGID=1&TMID=111&FID=443&PID=0&IID=2021&TTL=International_Law_and_Gaza:_The_Assault_on_Israel's_Right_to_Self-Defense International Law and Gaza: The Assault on Israel's Right to Self-Defense], [[Jerusalem Center for Public Affairs]], Vol. 7, No. 29 28 January 2008.</ref> [[Foreign Affairs Minister of Israel]] [[Tzipi Livni]] stated in January, 2008: "Israel got out of Gaza. It dismantled its settlements there. No Israeli soldiers were left there after the disengagement."<ref>[http://www.mfa.gov.il/MFA/Government/Speeches+by+Israeli+leaders/2008/Address+by+FM+Livni+to+the+8th+Herzliya+Conference+22-Jan-2008.htm?DisplayMode=print Israeli MFA Address by Israeli Foreign Minister Livni to the 8th Herzliya Conference], [[Ministry of Foreign Affairs (Israel)]], 22 January 22, 2008.</ref> Israel also notes that Gaza does not belong to any sovereign state.<ref name=CJPA2 />
Immediately after Israel withdrew in 2005, Palestinian Authority President Mahmoud Abbas stated, "the legal status of the areas slated for evacuation has not changed."<ref name=Gold/> [[Human Rights Watch]] also contested that this ended the occupation.<ref>{{cite web | title=Gaza: Israel's 'Open-Air Prison' at 15 | website=Human Rights Watch | date=June 14, 2022 | url=https://www.hrw.org/news/2022/06/14/gaza-israels-open-air-prison-15 | access-date=October 19, 2023|quote=Because of the continuing controls Israel exercises over the lives and welfare of Gaza's inhabitants, Israel remains an occupying power under international humanitarian law, despite withdrawing its military forces and settlements from the territory in 2005.}}</ref><ref>[http://hrw.org/english/docs/2004/10/29/isrlpa9577.htm "Israel: 'Disengagement' Will Not End Gaza Occupation"] {{Webarchive|url=https://web.archive.org/web/20081101210931/http://hrw.org/english/docs/2004/10/29/isrlpa9577.htm |date=2008-11-01 }} Human Rights Watch. October 29, 2004</ref><ref>[http://hrw.org/english/docs/2006/07/06/isrlpa13698.htm "Human Rights Council Special Session on the Occupied Palestinian Territories"] {{Webarchive|url=https://web.archive.org/web/20081015172833/http://hrw.org/english/docs/2006/07/06/isrlpa13698.htm |date=2008-10-15 }}. Human Rights Watch. July 6, 2006"</ref> The [[United Nations]], [[Human Rights Watch]] and many other international bodies and [[Non-governmental organization|NGOs]] continues to consider Israel to be the occupying power of the Gaza Strip as Israel controls the Gaza Strip's airspace and territorial waters as well as the movement of people or goods in or out of Gaza by air or sea.<ref name="AI_briefing">{{cite web|url=https://www.amnesty.org/en/documents/mde15/007/2009/en/ |title=Israel/Occupied Palestinian Territories: The conflict in Gaza: A briefing on applicable law, investigations and accountability |date=2009-01-19 |publisher=[[Amnesty International]] |access-date=2009-06-05 }}</ref><ref name="isrlpa13698">[http://hrw.org/english/docs/2006/07/06/isrlpa13698.htm "Human Rights Council Special Session on the Occupied Palestinian Territories"] {{Webarchive|url=https://web.archive.org/web/20081015172833/http://hrw.org/english/docs/2006/07/06/isrlpa13698.htm |date=2008-10-15 }} July 6, 2006; Human Rights Watch considers Gaza still occupied.</ref><ref name="cnn2009-01-06">{{cite news|url=http://www.cnn.com/2009/WORLD/meast/01/06/israel.gaza.occupation.question/index.html|title=Is Gaza 'occupied' territory?|last=Levs|first=Josh|date=2009-01-06|publisher=CNN|access-date=2009-05-30}}</ref>
The United Nations [[Office for the Coordination of Humanitarian Affairs]] maintains an office on "Occupied Palestinian Territory", which concerns itself with the Gaza Strip.<ref>[http://www.ochaopt.org/ Office for the Coordination of Humanitarian Affairs office on Occupied Palestinian Territory web site].</ref> In his statement on the [[2008–2009 Israel–Gaza conflict]] [[Richard A. Falk|Richard Falk]], [[United Nations Special Rapporteur]] on "the situation of [[human rights]] in the [[Palestinian territories]]" wrote that [[international humanitarian law]] applied to Israel "in regard to the obligations of an Occupying Power and in the requirements of the laws of war."<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7?opendocument Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[United Nations Human Rights Council]], December 27, 2008.</ref> In a 2009 interview on [[Democracy Now]] Christopher Gunness, spokesperson for the [[United Nations Relief and Works Agency for Palestine Refugees in the Near East]] (UNRWA) contends that Israel is an occupying power. However, Meagan Buren, senior adviser to the [[Israel Project]], a pro-Israel media group, contests that characterization.<ref>[http://www.democracynow.org/2009/1/5/a_debate_on_israels_invasion_of A Debate on Israel's Invasion of Gaza: UNRWA's Christopher Gunness v. Israel Project's Meagan Buren] [[Democracy Now]], January 5, 2009.</ref>
In 2007, after Hamas defeated Fatah in the [[Battle of Gaza (2007)]] and took control over the Gaza Strip, Israel imposed a [[The 2007–2009 blockade of the Gaza Strip|blockade on Gaza]]. [[List of rocket and mortar attacks in Israel in 2008|Palestinian rocket attacks]] and Israeli raids, such as [[Operation Hot Winter]] continued into 2008. A [[2008 Israel–Hamas ceasefire|six month ceasefire]] was agreed in June 2008, but it was broken several times by both Israel and Hamas. As it reached its expiry, Hamas announced that they were unwilling to renew the ceasefire without improving the terms.<ref>{{Cite news|url=http://news.bbc.co.uk/1/hi/world/middle_east/7794577.stm|title=Israeli leaders 'to topple Hamas'|date=2008-12-22|publisher=BBC News|access-date=2009-01-23}}</ref> At the end of December 2008 Israeli forces began Operation Cast Lead, launching the [[Gaza War (2008–09)|Gaza War]] that left an estimated 1,166–1,417 Palestinians and 13 Israelis dead.<ref name="reuters2009jan12">[http://www.newsdaily.com/stories/tre5053r7-us-palestinians-israel/ Israel tightens grip on urban parts of Gaza] {{webarchive |url=https://web.archive.org/web/20090109194300/http://www.newsdaily.com/stories/tre5053r7-us-palestinians-israel/ |date=January 9, 2009 }}. By Nidal al-Mughrabi. January 12, 2009. [[Reuters]].</ref><ref name="idf_updated_death_toll">{{cite news|url=http://fr.jpost.com/servlet/Satellite?pagename=JPost/JPArticle/ShowFull |title=IDF releases Cast Lead casualty numbers |date=2009-03-26 |publisher=JPost |access-date=2009-03-26 |last=Lappin |first=Yaakov |url-status=dead |archive-url=https://web.archive.org/web/20110511121653/http://fr.jpost.com/servlet/Satellite?cid=1237727552054&pagename=JPost%2FJPArticle%2FShowFull |archive-date=2011-05-11 }}</ref><ref name="PCHR_CIV_STAT">{{cite news|url=http://www.cbsnews.com/stories/2009/01/22/world/main4746224.shtml?source=RSSattr=World_4746224|title=Rights Group Puts Gaza Death Toll At 1,284|last=Younis|first=Khan|publisher=CBS|access-date=2009-02-17 | date=2009-01-22}}</ref>
In January 2012, the spokesperson for the UN Secretary General stated that under resolutions of the Security Council and the General Assembly, the UN still regards Gaza to be a part of the Occupied Palestinian Territory.<ref name="SPOKESPERSON's DAILY HIGHLIGHTS"/>
On 7 October 2023, [[Hamas]] launched [[2023 Hamas-led attack on Israel|a major attack]] on Israel from the Gaza Strip.<ref>{{cite news |last= |first= |date=7 October 2023 |title=Israel attack: PM says Israel at war after 70 killed in attack from Gaza |url=https://www.bbc.com/news/world-middle-east-67036625 |work=BBC News |access-date=7 October 2023}}</ref> On 9 October 2023, following the beginning of the Israel–Hamas war and attacks in Israel by Hamas militants, Israel imposed a [[October 2023 Israeli blockade of the Gaza Strip|"total blockade" of the Gaza Strip]].<ref>{{Cite web |title=Israel announces 'total' blockade on Gaza |url=https://www.aljazeera.com/news/2023/10/9/israel-announces-total-blockade-on-gaza |date=2023-10-09 |website=Al Jazeera |language=en}}</ref> The total blockade of Gaza was announced by Israeli Defense Minister [[Yoav Gallant]], who declared: "There will be no electricity, no food, no fuel, everything is closed."<ref>{{cite news |title=Israel announces 'complete siege' of Gaza, cutting its electricity, food, water, and fuel |url=https://www.businessinsider.com/israel-gallant-announces-complete-siege-gaza-no-electricity-food-fuel-2023-10 |work=Business Insider |date=9 October 2023}}</ref>
[[File:Greater Jerusalem May 2006 CIA remote-sensing map.jpg|thumb|Greater Jerusalem, May 2006. The [[Central Intelligence Agency|CIA]] [[remote sensing]] map showing East Jerusalem, the Green Line and Jerusalem's city limits which were unilaterally expanded by Israel, 28 June 1967, annexed by Knesset (30 July 1980), and modified and expanded in February 1992.]]
==Views on terminology used==
{{Further|Status of territories occupied by Israel in 1967|Legality of the Israeli occupation of Palestine}}
===Palestinian views===
[[Al Haq]], an independent Palestinian human rights organization based in [[Ramallah]] in the West Bank and an affiliate of the [[International Commission of Jurists]], has asserted that "As noted in Article 27 of the Vienna Convention on the Law of Treaties, 'a party may not invoke the provisions of its internal law as justification for its failure to perform a treaty'. As such, Israeli reliance on local law does not justify its violations of its international legal obligations".<ref>{{cite web|url=http://www.alhaq.org/cp-campaign/property_destruction_legality.htm |title=Property Destruction. Legality |access-date=2006-04-02 |url-status=dead |archive-url=https://web.archive.org/web/20041103004806/http://www.alhaq.org/cp-campaign/property_destruction_legality.htm |archive-date=November 3, 2004 }}. alhaq.org</ref> Further, the Palestinian mission to the U.N. has argued that:<ref>{{cite web|url=http://domino.un.org/UNISPAl.NSF/3d14c9e5cdaa296d85256cbf005aa3eb/6b939c57ea9ef32785256f33006b9f8d%21OpenDocument |title=Israel's Belligerent Occupation of the Palestinian Territory, including Jerusalem and International Humanitarian Law |access-date=2017-04-15 |url-status=dead |archive-url=https://web.archive.org/web/20070515160849/http://domino.un.org/UNISPAl.NSF/3d14c9e5cdaa296d85256cbf005aa3eb/6b939c57ea9ef32785256f33006b9f8d%21OpenDocument |archive-date=May 15, 2007 }}. United Nations. 15 July 1999</ref>
<blockquote>it is of no relevance whether a State has a monist or a dualist approach to the incorporation of international law into domestic law. A position dependent upon such considerations contradicts Article 18 of the Vienna Convention on the Law of Treaties of 1969 which states that: "a state is obliged to refrain from acts which would defeat the object and purposes of a treaty when it has undertaken an act expressing its consent thereto." The Treaty, which is substantially a codification of customary international law, also provides that a State "may not invoke the provisions of its internal law as justification for its failure to perform a treaty" (Art. 27).</blockquote>
===Israeli views===
The Israeli government [[Status of territories captured by Israel#"Disputed territories"|maintains]] that according to international law the West Bank status is that of [[territorial dispute|disputed territories]].<ref name="mythsandfactsonline:">[https://www.jewishvirtuallibrary.org/jsource/myths3/MFexclusives.html#66 Jewish virtual library]. Retrieved on August 1, 2013.</ref><ref name=danny-youtube>{{cite web|title=Israel Palestinian Conflict: The Truth About the West Bank (minute 4:30)|date=July 12, 2011|url=https://www.youtube.com/watch?v=XGYxLWUKwWo&list=WL5ABC371F9A2AC9F7| archive-url=https://ghostarchive.org/varchive/youtube/20211117/XGYxLWUKwWo| archive-date=2021-11-17 | url-status=live|work=[[Danny Ayalon]]|publisher=[[YouTube]]|access-date=26 September 2013}}{{cbignore}}</ref>
The question is important given if the status of "occupied territories" has a bearing on the legal duties and rights of Israel toward those.<ref>{{cite web|title=Israeli Settlements and International Law|date=20 May 2001|url= http://www.mfa.gov.il/mfa/foreignpolicy/peace/guide/pages/israeli%20settlements%20and%20international%20law.aspx |work=[[Israel Ministry of Foreign Affairs]]|access-date=26 September 2013}}</ref> Hence it has been discussed in various forums including the UN.
Israel justifies its control over the territories by citing [[Jewish history|Jewish presence]] beginning in [[History of ancient Israel and Judah|biblical times]], Jordan's prior illegal occupation and initiation of the 1967 war, and security needs due to its small borders and hostile neighbors. Israel states that the territories' final status should be decided [[Israeli–Palestinian peace process|through negotiations]].<ref name=":02">{{Cite news |title=The world court says Israel's occupation is illegal |url=https://www.economist.com/middle-east-and-africa/2024/07/19/the-world-court-says-israels-occupation-is-illegal |access-date=2024-07-22 |newspaper=The Economist |issn=0013-0613}}</ref>
====Israeli judicial decisions====
In two cases decided shortly after independence, in the Shimshon and Stampfer cases, the [[Supreme Court of Israel]] held that the fundamental rules of international law accepted as binding by all "civilized" nations were incorporated in the domestic legal system of Israel. The Nuremberg Military Tribunal determined that the articles annexed to the [[Hague IV Convention]] of 1907 were customary law that had been recognized by all civilized nations.<ref>"Place of customary international law", pp. 5–6 of [http://ssrn.com/abstract=1290714 International Law in Domestic Courts: Israel, by Dr. David Kretzmer] and Chapter 2 "Application of International Law", in [https://books.google.com/books?id=_Thjg-0dut0C The Occupation of Justice], by David Kretzmer</ref> In the past, the Supreme Court has argued that the Geneva Convention insofar it is not supported by domestic legislation "does not bind this Court, its enforcement being a matter for the states which are parties to the Convention". They ruled that "Conventional international law does not become part of Israeli law through automatic incorporation, but only if it is adopted or combined with Israeli law by enactment of primary or subsidiary legislation from which it derives its force". However, in the same decision the Court ruled that the Fourth Hague Convention rules governing belligerent occupation did apply, since those were recognized as customary international law.<ref name=r1>[http://elyon1.court.gov.il/files_eng/81/690/000/z01/81000690.z01.pdf International Law – Administered Territories – Rights and Duties of Occupying Power – Registration and Taxation – Articles 43 and 49 of the Hague Regulations, 1907] {{Webarchive|url=https://web.archive.org/web/20160113021733/http://elyon1.court.gov.il/files_eng/81/690/000/z01/81000690.z01.pdf |date=2016-01-13 }}. Israeli Supreme Court document. April 5, 1983. (PDF) . Retrieved on 2012-01-15.</ref>
[[File:Alom More from Har Kabir.jpg|thumb|The settlement [[Elon Moreh]], 2008]]
[[File:Checkpoint near Abu Dis.jpg|thumb|right|A military checkpoint along the route of the forthcoming [[West Bank Barrier]], near [[Abu Dis]]]]
The [[Israeli High Court of Justice]] determined in the 1979 [[Elon Moreh]] case that the area in question was under occupation and that accordingly only the military commander of the area may requisition land according to [http://avalon.law.yale.edu/20th_century/hague04.asp#art52 Article 52 of the Regulations annexed to the Hague IV Convention]. [[Military necessity]] had been an after-thought in planning portions of the Elon Moreh settlement. That situation did not fulfill the precise strictures laid down in the articles of the Hague Convention, so the Court ruled the requisition order had been invalid and illegal.<ref>[[Yoram Dinstein]] [https://books.google.com/books?id=-QL8LsEpbuoC&pg=PA347 Israel Yearbook on Human Rights]. Volume 9, 1979, p. 349</ref> In recent decades, the government of Israel has argued before the [[Supreme Court of Israel]] that its authority in the territories is based on the international law of "belligerent occupation", in particular the [[Hague Conventions (1899 and 1907)|Hague Conventions]]. The court has confirmed this interpretation many times, for example in its 2004 and 2005 rulings on the [[Israeli West Bank barrier|separation fence]].<ref>[http://www.haaretz.com/hasite/images/iht_daily/D010704/hcfen0604.rtf 2004 Israeli Supreme Court ruling] {{Webarchive|url=https://web.archive.org/web/20081121104639/http://www.haaretz.com/hasite/images/iht_daily/D010704/hcfen0604.rtf |date=2008-11-21 }} (RTF format)</ref><ref>[http://www.zionism-israel.com/hdoc/High_Court_Fence.htm 2005 Israeli Supreme Court ruling]. Zionism-israel.com. Retrieved on 2012-01-15.</ref>
In its June 2005 ruling upholding the constitutionality of the [[Gaza disengagement]], the Court determined that "Judea and Samaria" [West Bank] and the Gaza area are lands seized during warfare, and are not part of Israel:
<blockquote>The Judea and Samaria Area is held by the State of Israel in belligerent occupation. The long arm of the state in the area is the military commander. He is not the sovereign in the territory held in belligerent occupation (see The Beit Sourik Case, at p. 832). His power is granted him by public international law regarding belligerent occupation. The legal meaning of this view is twofold: first, Israeli law does not apply in these areas. They have not been "annexed" to Israel. Second, the legal regime which applies in these areas is determined by public international law regarding belligerent occupation (see HCJ 1661/05 ''The Gaza Coast Regional Council v. The Knesset et al.'' (yet unpublished, paragraph 3 of the opinion of the Court; hereinafter – The Gaza Coast Regional Council Case). In the center of this public international law stand the Regulations Concerning the Laws and Customs of War on Land, The Hague, 18 October 1907 (hereinafter – The Hague Regulations). These regulations are a reflection of customary international law. The law of belligerent occupation is also laid out in IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War 1949 (hereinafter – the Fourth Geneva Convention).<ref>see [http://elyon1.court.gov.il/files_eng/04/570/079/a14/04079570.a14.pdf HCJ 7957/04 Mara'abe v. The Prime Minister of Israel] {{Webarchive|url=https://wayback.archive-it.org/all/20051028233445/http://elyon1.court.gov.il/files_eng/04/570/079/a14/04079570.a14.pdf |date=2005-10-28 }}</ref><ref>{{cite web|url=http://domino.un.org/UNISPAL.NSF/361eea1cc08301c485256cf600606959/211ae4cc9a841da3852570440073215b%21OpenDocument |title=Chronological Review of Events/June 2005 |access-date=2006-09-11 |url-status=dead |archive-url=https://web.archive.org/web/20081005170149/http://domino.un.org/UNISPAL.NSF/361eea1cc08301c485256cf600606959/211ae4cc9a841da3852570440073215b%21OpenDocument |archive-date=October 5, 2008 }}. United Nations. June 2005</ref></blockquote>
====Israeli legal and political views====
Soon after the 1967 war, Israel issued a military order stating that the [[Geneva Conventions]] applied to the recently occupied territories,<ref>{{cite web|url=http://www.israellawresourcecenter.org/cgi-bin/browse.py?sectionname=laws&action=view&item=1 |archive-url=https://web.archive.org/web/20060622212939/http://www.israellawresourcecenter.org/cgi-bin/browse.py?sectionname=laws&action=view&item=1 |archive-date=June 22, 2006 |title=Israeli Military Orders List |url-status=dead |access-date=June 1, 2016 }}. p. 1. israellawresourcecenter.org</ref> but this order was rescinded a few months later.<ref>{{cite web|url=http://www.israellawresourcecenter.org/cgi-bin/browse.py?sectionname=laws&action=view&item=101 |archive-url=https://web.archive.org/web/20060622213011/http://www.israellawresourcecenter.org/cgi-bin/browse.py?sectionname=laws&action=view&item=101 |archive-date=June 22, 2006 |title=Israeli Military Orders List |url-status=dead |access-date=June 1, 2016 }}. p. 3. israellawresourcecenter.org</ref> For a number of years, Israel argued on various grounds that the Geneva Conventions do not apply. One is the Missing Reversioner theory<ref>Yehuda Z. Blum [http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/israel3&div=26&id=&page= "The Missing Reversioner: Reflections on the Status of Judea and Samaria"], Israel L. Rev. 279 (1968)</ref> which argued that the Geneva Conventions apply only to the sovereign territory of a High Contracting Party, and therefore do not apply since Jordan never exercised sovereignty over the region.<ref name=r1/> However, that interpretation is not shared by the international community.<ref name=Geneva>{{cite news|title=The Geneva Convention|url=http://news.bbc.co.uk/2/hi/middle_east/1682640.stm|publisher=BBC|access-date=3 August 2010 | date=2009-12-10}}</ref> The application of Geneva Convention to Occupied Palestinian Territories was further upheld by International Court of Justice, UN General Assembly, UN Security Council and the Israeli Supreme Court.<ref name=Geneva/>
[[File:Qalandia checkpoint - panoramio (535).jpg|thumb|[[Israeli West Bank barrier]]]]
In the cases before the Israeli High Court of Justice the government has agreed that the military commander's authority is anchored in the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War, and that the humanitarian rules of the Fourth Geneva Convention apply.<ref>{{cite web|last=Israel: Supreme Court|title=Beit Sourik Village Council v. The Government of Israel|url=http://www.unhcr.org/refworld/docid/4374ac594.html|publisher=UNHCR|access-date=29 July 2010|page= 14}}</ref> The Israeli Ministry of Foreign Affairs says that the Supreme Court of Israel has ruled that the Fourth Geneva Convention and certain parts of Additional Protocol I reflect customary international law that is applicable in the occupied territories.<ref>[http://www.mfa.gov.il/MFA/Terrorism-+Obstacle+to+Peace/Hamas+war+against+Israel/Operation_Gaza_factual_and_legal_aspects_applicable_legal_framework_5_Aug_2009.htm See Operation Gaza: factual and legal aspects]. Mfa.gov.il. Retrieved on 2012-01-15.</ref>
Former Chief Justice of the Supreme Court [[Meir Shamgar]], taking a different approach, wrote in the 1970s that there is no ''[[de jure]]'' applicability of the 1949 Fourth Geneva Convention regarding occupied territories to the case of the [[West Bank]] and [[Gaza Strip]] since the Convention "is based on the assumption that there had been a sovereign who was ousted and that he had been a legitimate sovereign."<ref name="Gold on Disputed Territories">{{cite web |last=Gold |first=Dore |title=From "Occupied Territories" to "Disputed Territories |publisher=Jerusalem Center for Public Affairs (Israeli Security, Regional Diplomacy, and International Law)|date=16 January 2002 |url=http://www.jcpa.org/jl/vp470.htm |access-date=30 June 2017 }}</ref> Israeli diplomat, [[Dore Gold]], has stated that the language of "occupation" has allowed Palestinian spokesmen to obfuscate this history. By repeatedly pointing to "occupation," they manage to reverse the causality of the conflict, especially in front of Western audiences. Thus, the current territorial dispute is allegedly the result of an Israeli decision "to occupy," rather than a result of a war imposed on Israel by a coalition of Arab states in 1967.<ref name="Gold on Disputed Territories"/>
[[File:Situation in the West Bank (May 2021).svg|thumb|upright|Map of the [[West Bank]], May 2021, showing [[Palestinian National Authority|Palestinian]] (green) and Israeli control.]]
[[Gershom Gorenberg]], disputing these views, has written that the Israeli government knew at the outset that it was violating the Geneva Convention by creating civilian settlements in the territories under IDF administration. He explained that as the legal counsel of the Foreign Ministry, [[Theodor Meron]] was the Israeli government's expert on international law. On September 16, 1967, Meron wrote a top secret memo to Mr. Adi Yafeh, Political Secretary of the Prime Minister regarding "Settlement in the Administered Territories" which said "My conclusion is that civilian settlement in the Administered territories contravenes the explicit provisions of the Fourth Geneva Convention."<ref>Gorenberg, Gershom, ''The Accidental Empire: Israel and the Birth of the Settlements, 1967–1977'', Macmillan, 2006, {{ISBN|978-0-8050-7564-9}} p. 99</ref> Moshe Dayan authored a secret memo in 1968 proposing massive settlement in the territories which said "Settling Israelis in administered territory, as is known, contravenes international conventions, but there is nothing essentially new about that."<ref>See Israeli State Archives 153.8/7920/7A, Document 60, dated October 15, 1968, cited on page 173 of Gorenberg's ''The Accidental Empire''</ref>
Various [[Government of Israel|Israeli Cabinets]] have made political statements and many of Israel's citizens and supporters [[Military occupation#Disputed to be a military occupation by nation of dominant military forces in area|dispute]] that the territories are occupied and claim that use of the term "occupied" in relation to [[Israel]]'s control of the areas has no basis in [[international law]] or [[Land of Israel#The Land of Israel and the State of Israel|history]], and that it prejudges the outcome of any future or ongoing [[Israeli–Palestinian peace process|negotiations]]. They argue it is more accurate to refer to the territories as "[[International law and the Arab–Israeli conflict#"Occupied" vs. "Disputed" territories|disputed]]" rather than "[[Military occupation|occupied]]" although they agree to apply the humanitarian provisions of the [[Fourth Geneva Convention]] pending resolution of the dispute. [[Yoram Dinstein]] has dismissed the position that they are not occupied as being "based on dubious legal grounds, considering that the Fourth Geneva Convention does not make its applicability conditional on recognition of [sovereign] titles".<ref>See Yoram Dinstein, 'The International Law of Belligerent Occupation and Human Rights', 8 Israeli Yearbook on Human Rights 104, 107 (1978)</ref> Many Israeli government websites do refer to the areas as being "occupied territories".<ref>[https://www.knesset.gov.il/mk/eng/mk_eng.asp?mk_individual_id_t=690 Public activities section of Ezer Weizman's Knesset profile]. Knesset.gov.il. Retrieved on 2012-01-15.</ref> According to the BBC, "Israel argues that the international conventions relating to occupied land do not apply to the Palestinian territories because they were not under the legitimate sovereignty of any state in the first place."<ref>[http://news.bbc.co.uk/2/hi/in_depth/middle_east/israel_and_the_palestinians/key_documents/1682640.stm "The Geneva Convention"], Israel and the Palestinians, BBC News</ref>
In the ''Report on the Legal Status of Building in Judea and Samaria'', usually referred to as ''[[Levy Report]]'', published in July 2012, a three-member committee headed by former Israeli Supreme Court justice [[Edmund Levy]] which was appointed by Prime Minister [[Binyamin Netanyahu]] comes to the conclusion that Israel's presence in the West Bank is not an occupation in the legal sense,<ref name="NYTValidate">{{cite web|url=https://www.nytimes.com/2012/07/10/world/middleeast/israeli-panel-says-west-bank-presence-is-not-occupation-and-recommends-approval-of-jewish-settlements.html|title=Validate Settlements, Israeli Panel Suggests |work=The New York Times |author=Isabel Kershner|date=9 July 2012 |access-date=10 July 2012}}</ref> and that the Israeli settlements in those territories do not contravene international law.<ref name="JP276802">{{cite web |url=http://www.jpost.com/Diplomacy-and-Politics/PM-to-decide-on-Levy-report-with-settlement-ctee |title=PM to decide on Levy report with settlement c'tee |work=The Jerusalem Post |author=Lahav Harkov |date=9 July 2012 |access-date=13 January 2018 }}</ref> The report has met with both approval and harsh criticism in Israel and outside. As of July 2013, the report was not brought before the Israeli cabinet or any parliamentary or governmental body which would have the power to approve it.
====Israeli Jewish religious views====
{{Main|Land of Israel|Greater Israel}}
[[File:Map Land of Israel.jpg|thumb|200px|Map showing an interpretation of the borders of the Land of Israel, based on scriptural verses found in {{bibleverse||Numbers|34:1–15|HE}} and {{bibleverse||Ezekiel|47:13–20|HE}}, includes almost all of the occupied territories.]]
According to the views of most adherents of [[Religious Zionism]] and to certain streams of [[Orthodox Judaism]], there are no, and cannot be, "occupied territories" because all of the [[Land of Israel]] ({{lang-he|אֶרֶץ יִשְׂרָאֵל}} ''ʼÉreṣ Yiśrāʼēl'', ''Eretz Yisrael'') belongs to the [[Jews]], also known as the [[Children of Israel]], since the times of Biblical antiquity based on various [[Hebrew Bible]] passages.{{citation needed|date=March 2016}}
The Jewish religious belief that the area is a God-given inheritance of the Jewish people is based on the [[Torah]], especially the books of [[Book of Genesis|Genesis]] and [[Book of Exodus|Exodus]], as well as the [[Nevi'im|Prophets]]. According to the Book of Genesis, the land was promised by [[God in Judaism|God]] to the descendants of [[Abraham]] through his son [[Isaac]] and to the [[Israelites]], descendants of [[Jacob]], Abraham's grandson. A literal reading of the text suggests that the land promise is (or was at one time) one of the [[Biblical covenants]] between God and the Israelites, as the following verses show.{{citation needed|date=March 2016}}
The definition of the limits of this territory varies between biblical passages, some of the main ones being:
* {{bibleverse||Genesis|15:18–21|HE}}
* {{bibleverse||Exodus|23:28–33|HE}}
* {{bibleverse||Numbers|34:1–15|HE}}
* {{bibleverse||Deuteronomy|11:24|HE}}
* {{bibleverse||Deuteronomy|1:7|HE}}
* {{bibleverse||Ezekiel|47:13–20|HE}}
The boundaries of the Land of Israel are different from the borders of historical [[History of ancient Israel and Judah|Israelite kingdoms]]. The [[Bar Kokhba revolt|Bar Kokhba state]], the [[Herodian Kingdom]], the [[Hasmonean Kingdom]], and possibly the [[Kingdom of Israel (united monarchy)|United Kingdom of Israel and Judah]]<ref>{{cite web|url=http://ancienthistory.about.com/od/israeljudaea/f/UnitedMonarchy.htm|title=Ancient History: The United Monarchy|author=N.S. Gill|publisher=About.com Education|access-date=2013-11-20|archive-date=2013-12-03|archive-url=https://web.archive.org/web/20131203000812/http://ancienthistory.about.com/od/israeljudaea/f/UnitedMonarchy.htm|url-status=dead}}</ref> ruled lands with similar but not identical boundaries. The current [[State of Israel]] also has similar but not identical boundaries.
A small sect of [[Haredi Judaism|Haredi]] Jews, the [[Neturei Karta]] opposes [[Zionism]] and calls for a peaceful dismantling of the [[State of Israel]], in the belief that Jews are forbidden to have their own state until the coming of the [[Messiah]].<ref>{{cite web |url=https://www.jewishvirtuallibrary.org/jsource/Judaism/nk.html|title=Neturei Karta|publisher=Jewish Virtual Library}}</ref><ref>{{cite web|url=http://www.nkusa.org/AboutUs/Zionism/judaism_isnot_zionism.cfm|title=Judaism is not Zionism|publisher=Neturei Karta International|url-status=dead|archive-url=https://web.archive.org/web/20070415203350/http://www.nkusa.org/AboutUs/Zionism/judaism_isnot_zionism.cfm|archive-date=2007-04-15}}</ref>
===International views===
The official term used by the [[United Nations Security Council]] to describe Israeli-occupied territories is "the Arab territories occupied since 1967, including Jerusalem", which is used, for example, in Resolutions [https://unispal.un.org/UNISPAL.NSF/db942872b9eae454852560f6005a76fb/ba123cded3ea84a5852560e50077c2dc?OpenDocument 446 (1979)] {{Webarchive|url=https://web.archive.org/web/20150517060936/http://unispal.un.org/UNISPAL.NSF/db942872b9eae454852560f6005a76fb/ba123cded3ea84a5852560e50077c2dc?OpenDocument |date=2015-05-17 }}, [https://unispal.un.org/UNISPAL.NSF/db942872b9eae454852560f6005a76fb/0b7116abb4b7e3e9852560e5007688a0?OpenDocument 452 (1979)] {{Webarchive|url=https://web.archive.org/web/20150404062758/http://unispal.un.org/UNISPAL.NSF/db942872b9eae454852560f6005a76fb/0b7116abb4b7e3e9852560e5007688a0?OpenDocument |date=2015-04-04 }}, [[UN Security Council Resolution 465|465 (1980)]] and 484. A conference of the parties to the Fourth Geneva Convention,<ref>{{cite web |url=https://fmep.org/wp/wp-content/uploads/2015/01/12.1.pdf |title=Conference of High Contracting Parties to the Fourth Geneva Convention: Declaration |year=1949 |page=11 |publisher=hosted by Foundation for Middle East Peace |access-date=13 January 2018 }}</ref> and the [[International Committee of the Red Cross]],<ref>[http://www.icrc.org/Web/Eng/siteeng0.nsf/iwpList247/D86C9E662022D64E41256C6800366D55#2 "Annexe 2—Conference of High Contracting Parties to the Fourth Geneva Convention: statement by the International Committee of the Red Cross"] ICRC website. Retrieved October 5, 2005</ref> have also resolved that these territories are occupied and that the [[Fourth Geneva Convention]] provisions regarding occupied territories apply.
Israel's annexation of East Jerusalem in 1980 (see [[Jerusalem Law]]) has not been recognized by any other country,<ref>[[UN Security Council Resolution 497]] [http://www.cfr.org/content/publications/attachments/SC497.pdf]</ref> and the annexation of the Golan Heights in 1981 (see [[Golan Heights Law]]) has been recognized only by the [[United States]]. [[United Nations Security Council Resolution 478]] declared the annexation of East Jerusalem "null and void" and required that it be rescinded. [[United Nations Security Council Resolution 497]] also declared the annexation of the Golan "null and void". Following withdrawal by Israel from the Sinai Peninsula in 1982, as part of the 1979 [[Egypt–Israel peace treaty]], the Sinai ceased to be considered occupied territory. While the [[Palestinian Authority]], the [[European Union|EU]],<ref>{{cite web |url=https://www.theguardian.com/world/2009/mar/07/israel-palestine-eu-report-jerusalem|title=Israel annexing East Jerusalem, says EU |date=2009-03-07|work=The Guardian|author=Rory McCarthy|access-date=2009-03-08}}</ref> the [[International Court of Justice]],<ref name="International Court of Justice">{{cite web|url=http://www.icj-cij.org/docket/index.php?pr=71&code=mwp&p1=3&p2=4&p3=6&ca|title=Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory|date=9 July 2004|publisher=International Court of Justice|access-date=2012-04-29|archive-url=https://web.archive.org/web/20150924104839/http://www.icj-cij.org/docket/index.php?pr=71&code=mwp&p1=3&p2=4&p3=6&ca|archive-date=24 September 2015|url-status=dead}}</ref> the [[UN General Assembly]]<ref name="http://unispal.un.org">{{cite web|url=https://unispal.un.org/DPA/DPR/UNISPAL.NSF/47D4E277B48D9D3685256DDC00612265/C2A00B6E6E1C02CF8525798E00578F75|title=Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan|date=2012-12-01|publisher=[[United Nations Information System on the Question of Palestine]]|access-date=2012-04-29|archive-date=2017-10-10|archive-url=https://web.archive.org/web/20171010091056/https://unispal.un.org/DPA/DPR/UNISPAL.NSF/47D4E277B48D9D3685256DDC00612265/C2A00B6E6E1C02CF8525798E00578F75|url-status=dead}}</ref> and the [[UN Security Council]]<ref>[[s:United Nations Security Council Resolution 478]]</ref> consider East Jerusalem to be part of the West Bank and occupied by Israel; Israel considers all of [[Jerusalem]] to be its capital and sovereign territory.<ref name="kbl">{{cite web|url=https://www.knesset.gov.il/laws/special/eng/basic10_eng.htm |title=Basic Law: Jerusalem, Capital of Israel (Unofficial translation) Passed by the Knesset on the 17th Av, 5740 (30th July, 1980) and published in Sefer Ha-Chukkim No. 980 of the 23rd Av, 5740 (5th August, 1980) |publisher=Knesset |date=2008-08-05 |access-date=2015-02-20}}</ref>
The international community has formally entrusted the International Committee of the Red Cross (ICRC) with the role of guardian of international humanitarian law. That includes a watchdog function by which it takes direct action to encourage parties to armed conflict to comply with international humanitarian law.<ref>{{cite web|last=Sandoz|first=Yves|title=The International Committee of the Red Cross as guardian of international humanitarian law|url=http://www.icrc.org/eng/resources/documents/misc/about-the-icrc-311298.htm |publisher=ICRC|access-date=26 December 2010|date=1998-12-31}}</ref> The head of the International Red Cross delegation to Israel and the Occupied Territories stated that the establishment of Israeli settlements in the occupied territories is a grave breach of the [[Geneva Conventions]] that constitute [[war crimes|war crime]].<ref>{{cite web|title=Press Release-US Response to ICRC Statement on Illegal Israeli Settlements|url=http://www.un.int/wcm/content/site/palestine/cache/offonce/pid/11838;jsessionid=BDA36D4EF581DFDDEBE96B33A6C965E2|publisher=UN Permanent Observer Mission of Palestine|access-date=26 December 2010|url-status=dead|archive-url=https://web.archive.org/web/20120925191640/http://www.un.int/wcm/content/site/palestine/cache/offonce/pid/11838;jsessionid=BDA36D4EF581DFDDEBE96B33A6C965E2|archive-date=25 September 2012}}</ref>
In 1986, the [[International Court of Justice]] ruled that portions of the Geneva Conventions of 1949 merely declare existing customary international law.<ref>see [http://www.icj-cij.org/docket/index.php?p1=3&p2=3&code=nus&case=70&k=66 Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America)] {{Webarchive|url=https://web.archive.org/web/20160304201021/http://www.icj-cij.org/docket/index.php?p1=3&p2=3&code=nus&case=70&k=66 |date=2016-03-04 }}</ref> In 1993, the UN Security Council adopted a binding Chapter VII resolution establishing an International Criminal Tribunal for the former Yugoslavia. The resolution approved a Statute which said that the problem of adherence of some but not all States to the Geneva Conventions does not arise, since beyond any doubt the Convention is declarative of customary international law.<ref>see [https://www.un.org/icty/legaldoc-e/basic/statut/s25704.htm the report made by the Secretary General]</ref> The subsequent interpretation of the [[International Court of Justice]] does not support Israel's view on the applicability of the Geneva Conventions.<ref name="icj">[http://www.icj-cij.org/docket/index.php?p1=3&p2=4&code=mwp&case=131&k=5a "Legal Consequence of the Construction of a Wall in the Occupied Palestinian Territory"] {{Webarchive|url=https://web.archive.org/web/20080430104232/http://www.icj-cij.org/docket/index.php?p1=3&p2=4&code=mwp&case=131&k=5a |date=2008-04-30 }}. Icj-cij.org. Retrieved on 2012-01-15.</ref>
[[File:President Trump Welcome the Prime Minister of Israel to the White House, 25 March 2019.jpg|thumb|President [[Donald Trump]] signs the proclamation [[United States recognition of the Golan Heights as part of Israel|recognizing Israel's sovereignty]] over the Golan Heights, 25 March 2019]]
In July 2004, the International Court of Justice delivered an [[Advisory Opinion]] on the [https://web.archive.org/web/20180908090214/http://www.icj-cij.org/docket/index.php?p1=3&p2=4&k=5a&PHPSESSID=1e92d1f61e92ee74a585b3d836385610&case=131&code=mwp&p3=4 'Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory']. The Court observed that under customary international law as reflected in [http://avalon.law.yale.edu/20th_century/hague04.asp#art42 Article 42 of the Regulations annexed to the Hague IV Convention], territory is considered occupied when it is actually placed under the authority of the hostile army, and the occupation extends only to the territory where such authority has been established and can be exercised. [[Israel]] raised a number of exceptions and objections,<ref>[http://www.icj-cij.org/docket/files/131/1579.pdf 'Letter dated 29 January 2004 from the Deputy Director General and Legal Advisor of the Ministry of Foreign Affairs, together with the Written Statement of the Government of Israel'] {{webarchive|url=https://web.archive.org/web/20110305232558/http://www.icj-cij.org/docket/files/131/1579.pdf |date=5 March 2011 }}. (PDF) . Retrieved on 2012-01-15.</ref> but the Court found them unpersuasive. The Court ruled that territories had been occupied by the Israeli armed forces in 1967, during the conflict between Israel and Jordan, and that subsequent events in those territories, had done nothing to alter the situation.
Multiple [[United Nations General Assembly]] resolutions have described the continuing occupation of Palestine [[Legality of the Israeli occupation of Palestine|as illegal]].<ref>{{cite journal |last1=Wilde |first1=Ralph |title=Using the Master's Tools to Dismantle the Master's House: International Law and Palestinian Liberation |journal=The Palestine Yearbook of International Law Online |date=2021 |volume=22 |issue=1 |page=26 |doi=10.1163/22116141_022010_002 |s2cid=245698763 |url=https://brill.com/view/journals/pyio/22/1/article-p1_2.xml|doi-access=free }}</ref> Michael Lynk, the [[United Nations special rapporteur]] on human rights in the Palestinian territories occupied since 1967, in his 2017 report to the UN General Assembly has opined that the occupation itself has become illegal and has recommended that a UN study be commissioned to determine this and to consider asking the International Court of Justice for an advisory opinion.<ref>{{cite web |url= http://www.ohchr.org/Documents/Countries/PS/A_72_43106.docx|title= Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967|last= Lynk |first= S.Michael|date=23 October 2017 }}</ref> The general thrust of international law scholarship addressing this question has concluded that, regardless of whether it was initially legal, the occupation has become illegal over time. [[Legality of the Israeli occupation of Palestine|Reasons cited for its illegality]] include the violation of the [[Use of force in international law|prohibition on the acquisition of territory through force]], that the occupation violates the Palestinian right to [[self-determination]], that the occupation itself is an illegal regime "of alien subjugation, domination and exploitation", or some combination of these factors.<ref>{{cite journal |last1=Imseis |first1=Ardi |title=Negotiating the Illegal: On the United Nations and the Illegal Occupation of Palestine, 1967–2020 |journal=European Journal of International Law |date=2020 |volume=31 |issue=3 |pages=1072–1073, 1085 |doi=10.1093/ejil/chaa055 |url=https://academic.oup.com/ejil/article/31/3/1055/5903619 |issn=0938-5428|doi-access=free }}</ref>
==International law violations==
{{See also|Legality of the Israeli occupation of Palestine|Human rights in Israel#Human rights in the occupied territories}}
The establishment of [[Israeli settlements]] is held to constitute a transfer of Israel's civilian population into the occupied territories and as such is illegal under the [[Fourth Geneva Convention]].<ref>{{cite journal|title=Israeli Settlements in Occupied Arab Lands: Conquest to Colony|last=Abu-Lughod|first=Janet|journal=Journal of Palestine Studies|volume=11|issue=2|publisher=University of California Press|jstor=2536268|quote=annexations, expulsions and the creation of settlements are specifically prohibited by international law. The Fourth Geneva Convention, in Article 47, proscribes the annexation of occupied territory, and the United Nations has repeatedly condemned Israel's precipitous annexation of East Jerusalem and a wide belt of surrounding suburbs, villages and towns. Article 49 of the same convention prohibits the forcible transfer or deportation of residents from an occupied area, regardless of motive. And yet thousands of Palestinians have been expelled (see Lesch, 1979: 113–130, for a partial list of the "officially deported" ones) while many more have been, through measures to be described below, "pressured" to leave. The same Article expressly forbids the transfer by an occupying power of any of its civilian population into occupied areas. And yet, at most recent count, over 90,000 Israeli Jews have been officially "settled" within the illegally annexed Jerusalem district, and more than 30,000 others have been "settled" in some 100 nahals (military forts), villages and even towns that the Israeli government has authorized, planned, financed and built in unannexed zones beyond the 1949 cease-fire line that Israelis refer to not as a border, but euphemistically as a "green line."|pages=16–54 [17] |year=1982|doi=10.1525/jps.1982.11.2.00p0373x}}</ref><ref>{{cite journal|title=International Law and the al-Aqsa Intifada |last=Falk |first=Richard|author-link=Richard Falk|journal=Middle East Report|issue=217|publisher=Middle East Research and Information Project |jstor=1520166|quote=Article 49 has been interpreted as prohibiting both forced deportations of Palestinians and population transfers of the sort associated with the establishment and continuous expansion of Israeli settlements|pages=16–18 [17]|year=2000|doi=10.2307/1520166 }}</ref><ref>{{cite journal|title=Prolonged Military Occupation: The Israeli-Occupied Territories Since 1967|last=Roberts|first=Adam|author-link=Adam Roberts (scholar)|journal=The American Journal of International Law|volume=84|issue=1|publisher=American Society of International Law |jstor=2203016|quote=The settlements program is quite simply contrary to international law. However, it is now so far advanced, and so plainly in violation of the Geneva Convention, that it actually creates a powerful reason for Israel's continuing refusal to accept that the Convention is applicable in the occupied territories on a de jure basis|pages=44–103 [85]|year=1990|doi=10.2307/2203016|s2cid=145514740}}</ref> This is disputed by other legal experts who argue with this interpretation of the law.<ref>Gerald M Adler [http://www.journalonline.co.uk/Magazine/54-10/1007008.aspx Preserving a legal inheritance: settlement rights in the "Occupied Palestinian Territories"]. ''The Journal Online''. 19 October 2009. Retrieved on 2012-01-15.</ref>
[[File:Protesters carring photos of Shireen Abu Akleh, Lod may 22.jpg |thumb|Protestors in [[Lod]] carrying photos of Palestinian-American journalist [[Shireen Abu Akleh]], who was shot dead while reporting in the West Bank on 11 May 2022]]
In 2000, the editors of the Geneva Academy of International Humanitarian Law and Human Rights Palestine Yearbook of International Law (1998–1999) said "the "transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory" amounts to a war crime. They hold that this is obviously applicable to Israeli settlement activities in the Occupied Arab Territories."<ref>''Palestine Yearbook of International Law 1998–1999'', Anis Kassim (Editor), Springer, 2000, {{ISBN|978-90-411-1304-7}}</ref>
In 2004 the International Court of Justice, in an advisory, non-binding<ref>[http://www.icj-cij.org/docket/index.php?pr=71&code=mwp&p1=3&p2=4&p3=6&ca] {{Webarchive|url=https://web.archive.org/web/20150924104839/http://www.icj-cij.org/docket/index.php?pr=71&code=mwp&p1=3&p2=4&p3=6&ca|date=2015-09-24}} Retrieved on 2012-07-30.</ref> opinion, noted that the Security Council had described Israel's policy and practices of settling parts of its population and new immigrants in the occupied territories as a "flagrant violation" of the Fourth Geneva Convention. The Court also concluded that the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) have been established "in breach of international law" and that all the States parties to the Geneva Convention are under an obligation to ensure compliance by Israel with international law as embodied in the Convention.<ref name="icj"/>
In May 2012 the 27 ministers of foreign affairs of the European Union published a report strongly denouncing policies of the State of Israel in the West Bank and finding that settlements in the West Bank are illegal: "settlements remain illegal under international law, irrespective of recent decisions by the government of Israel. The EU reiterates that it will not recognize any changes to the pre-1967 borders including with regard to Jerusalem, other than those agreed by the parties."<ref name="haaretz.com">''Haaretz'', 14 May 2012, "EU: Israel's Policies in the West Bank Endanger Two-State Solution," http://www.haaretz.com/news/diplomacy-defense/eu-israel-s-policies-in-the-west-bank-endanger-two-state-solution-1.430421</ref> The report by all EU foreign ministers also criticized the Israeli government's failure to dismantle settler outposts illegal even under domestic Israeli law."<ref name="haaretz.com"/>
Israel denies that the Israeli settlements are in breach of any international laws.<ref name="MFA_FAQ_settlements">{{cite web
|url=http://www.mfa.gov.il/MFA/Peace+Process/Guide+to+the+Peace+Process/Israel-+the+Conflict+and+Peace-+Answers+to+Frequen.htm#settlements|title=Israel, the Conflict and Peace: Answers to frequently asked questions|date=November 2007|publisher=[[Ministry of Foreign Affairs (Israel)|Israel Ministry of Foreign Affairs]]|quote=Are Israeli settlements legal?}}</ref> The Israeli Supreme Court has yet to rule decisively on settlement legality under the Geneva Convention.<ref>{{cite book |author=David Kretzmer|title=The Occupation of Justice: the Supreme Court of Israel and the Occupied Territories |url=https://books.google.com/books?id=_Thjg-0dut0C|access-date=15 January 2012|year=2002|publisher=SUNY Press|isbn=978-0-7914-5337-7 |page=99}}</ref>
===2012 UN report on settlements===
The [[United Nations Human Rights Commission]] decided in March 2012 to establish a panel charged with investigating "the implications of the Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem."<ref name="Haaretz 2012">''Haaretz'', 3 May 2012, "U.S. Pressing UN Human Rights Commissioner to Put Off West Bank Settlements Probe," http://www.haaretz.com/news/diplomacy-defense/u-s-pressing-un-human-rights-commissioner-to-put-off-west-bank-settlements-probe-1.427744</ref> In reaction the government of Israel ceased cooperating with the [[UN High Commissioner on Human Rights]] and boycotted the UN Human Rights Commission. The U.S. government acceded to the Israeli government demand to attempt to thwart the formation of such a panel.<ref name="Haaretz 2012"/>
On January 31, 2012, the United Nations independent "International Fact-Finding Mission on Israeli Settlements in the Occupied Palestinian Territory" filed a report stating that Israeli settlement led to a multitude of violations of Palestinian human rights and that if Israel did not stop all settlement activity immediately and begin withdrawing all settlers from the West Bank, it potentially might face a case at the [[International Criminal Court]]. It said that Israel was in violation of article 49 of the fourth [[Geneva convention]] forbidding transferring civilians of the occupying nation into occupied territory. It held that the settlements are "leading to a creeping annexation that prevents the establishment of a contiguous and viable Palestinian state and undermines the right of the Palestinian people to self-determination." After Palestine's admission to the United Nations as a non-member state in September 2012, it potentially may have its complaint heard by the International Court. Israel's foreign ministry replied to the report saying that "Counterproductive measures – such as the report before us – will only hamper efforts to find a sustainable solution to the Israel-Palestinian conflict. The human rights council has sadly distinguished itself by its systematically one-sided and biased approach towards Israel."<ref>Harriet Sherwood, [https://www.theguardian.com/world/2013/jan/31/israel-must-withdraw-settlers-icc Israel must withdraw all settlers or face ICC, says UN report], ''[[The Guardian]]'', January 31, 2013.</ref><ref>[https://www.un.org/apps/news/story.asp?NewsID=44045&Cr=palestin&Cr1=#.UQtfEWc1CSo Independent UN inquiry urges halt to Israeli settlements in occupied Palestinian territory], United Nations News Center, January 31, 2012.</ref><ref>Human Rights Council Twenty-second session, Agenda item 7, Human rights situation in Palestine and other occupied Arab territories, [http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session19/FFM/FFMSettlements.pdf Report of the independent international fact-finding mission to investigate the implications of the Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem] (Advanced Unedited Version), accessed February 1, 2013.</ref>
===2013 EU directive for 2014 to 2020===
Following a decision by [[European Union]] (EU) foreign ministers in December 2012 stating that "all agreements between the state of Israel and the EU must unequivocally and explicitly indicate their inapplicability to the territories occupied by Israel in 1967", the [[European Commission]] issued guidelines for the 2014 to 2020 financial framework covering all areas of co-operation between the EU and Israel, including economics, science, culture, sports and academia but excluding trade on 30 June 2013. According to the directive all future agreements between the EU and Israel must explicitly exclude Jewish settlements and Israeli institutions and bodies situated across the pre-1967 Green Line – including the Golan Heights, the West Bank and East Jerusalem.<ref name="Guardianexclusion-clause">{{cite web|title=EU takes tougher stance on Israeli settlements|author=Harriet Sherwood |work=The Guardian |location=London |date=16 July 2013|access-date=12 August 2013 |url=https://www.theguardian.com/world/2013/jul/16/eu-israel-settlement-exclusion-clause}}</ref> EU grants, funding, prizes or scholarships will only be granted if a settlement exclusion clause is included, forcing the Israeli government to concede in writing that settlements in the occupied territories are outside the state of Israel to secure agreements with the EU.<ref name="Haaretz1.535952">{{cite web|title=EU: Future agreements with Israel won't apply to territories|author=Barak Ravid |work=Haaretz |location=Tel Aviv |date=16 July 2013|access-date=12 August 2013 |url=http://www.haaretz.com/news/diplomacy-defense/.premium-1.535952#}}</ref>
In a statement, the EU said that
<blockquote>the guidelines are...in conformity with the EU's longstanding position that Israeli settlements are illegal under international law and with the non-recognition by the EU of Israel's sovereignty over the occupied territories, irrespective of their legal status under domestic Israeli law. At the moment Israeli entities enjoy financial support and cooperation with the EU and these guidelines are designed to ensure that this remains the case. At the same time concern has been expressed in Europe that Israeli entities in the occupied territories could benefit from EU support. The purpose of these guidelines is to make a distinction between the State of Israel and the occupied territories when it comes to EU support.<ref name="EU">{{cite web|title=Statement by the Delegation of the European Union to the State of Israel on the European Commission Notice |publisher=Delegation of the European Union to Israel|date=16 July 2013|access-date=12 August 2013 |url=http://eeas.europa.eu/delegations/israel/press_corner/all_news/news/2013/20131607_02_en.htm}}</ref></blockquote>
The guidelines do not apply to any Palestinian body in the West Bank or East Jerusalem, and they do not affect agreements between the EU and the PLO or the Palestinian Authority, nor do they apply to Israeli government ministries or national agencies, to private individuals, to human rights organizations operating in the occupied territories, or to [[NGO]]s working toward promoting peace which operate in the occupied territories.<ref name="Haaretz1.536155">{{cite web|title=EU's new policy on Israeli settlements: The full guidelines|author=Barak Ravid |work=Haaretz |location=Tel Aviv |date=16 July 2013|access-date=12 August 2013 |url=http://www.haaretz.com/news/diplomacy-defense/.premium-1.536155}}</ref><ref name="Guidelines">{{cite journal|title=Guidelines on the eligibility of Israeli entities and their activities in the territories occupied by Israel since June 1967 for grants, prizes and financial instruments funded by the EU from 2014 onwards|journal=Official Journal of the European Union |url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2013:205:FULL:EN:PDF#page=11 |date=19 July 2013 |volume=56 |access-date=12 August 2013|pages=9–11}}</ref>
The move was described as an "earthquake" by an Israeli official who wished to remain anonymous,<ref name="Haaretz1.535952"/> and prompted harsh criticism by prime minister Benjamin Netanyahu who said in a broadcast statement: "As prime minister of Israel, I will not allow the hundreds of thousands of Israelis who live in the West Bank, Golan Heights and our united capital Jerusalem to be harmed. We will not accept any external diktats about our borders. This matter will only be settled in direct negotiations between the parties." Israel is also concerned that the same policy could extend to settlement produce and goods exported to European markets, as some EU member states are pressing for an EU-wide policy of labelling produce and goods originating in Jewish settlements to allow consumers to make informed choices.<ref name="Guardianexclusion-clause" /> A special ministerial panel led by prime minister Netanyahu, decided to approach the EU and demand several key amendments in the guidelines before entering any new projects with the Europeans. A spokesperson for the EU confirmed that further talks would take place between Israel and the EU, stating: "We stand ready to organise discussions during which such clarifications can be provided and look forward to continued successful EU-Israel cooperation, including in the area of scientific cooperation."<ref name="Telegraphexclusion-clause">{{cite news|title=Israel seeks compromise on EU settlement sanctions|author=Robert Tait |work=[[The Daily Telegraph]] |location=London |date=9 August 2013|access-date=12 August 2013 |url=https://www.telegraph.co.uk/news/worldnews/middleeast/israel/10233578/Israel-seeks-compromise-on-EU-settlement-sanctions.html |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/news/worldnews/middleeast/israel/10233578/Israel-seeks-compromise-on-EU-settlement-sanctions.html |archive-date=2022-01-12 |url-access=subscription |url-status=live}}{{cbignore}}</ref>
Palestinians and their supporters hailed the EU directive as a significant political and economic sanction against settlements. [[Hanan Ashrawi]] welcomed the guidelines, saying: "The EU has moved from the level of statements, declarations and denunciations to effective policy decisions and concrete steps, which constitute a qualitative shift that will have a positive impact on the chances of peace."<ref name="Guardianexclusion-clause" />
===2024 ICJ opinion===
The International Court of Justice delivered a landmark advisory opinion in July 2024 that Israel's occupation of West Bank, East Jerusalem and the Gaza Strip was illegal, and should be ended "as rapidly as possible".<ref name=Maupas>{{cite news |last1=Maupas |first1=Stephanie |last2=Imbert |first2=Louis |title=International Court of Justice calls on Israel to end occupation of Palestinian territories 'as rapidly as possible |url=https://www.lemonde.fr/en/international/article/2024/07/20/international-court-of-justice-calls-on-israel-to-end-occupation-of-palestinian-territories-as-rapidly-as-possible_6691356_4.html# |access-date=July 22, 2024 |work=[[Le Monde]] |date=July 20, 2024}}</ref><ref>{{cite news |last1=Berg |first1=Raffi |title=UN top court says Israeli occupation of Palestinian territories is illegal |url=https://www.bbc.com/news/articles/cjerjzxlpvdo |access-date=21 July 2024 |work=[[BBC News]] |date=19 July 2024}}</ref> The court found that Israel's occupation was illegal due to "sustained abuse by Israel of its position as an occupying power through its annexation and assertion of permanent control over occupied Palestinian territory, and its continued frustration of the right of the Palestinian people to self-determination".<ref>{{cite news |last1=Siddique |first1=Haroon |title=UN court orders Israel to end its occupation of Palestinian territories |url=https://theguardian.com/world/article/2024/jul/19/israels-settlement-policies-break-international-law-court-finds |access-date=July 22, 2024 |work=[[The Guardian]] |date=July 19, 2024}}</ref><ref>{{cite news |last1=Ebrahim |first1=Nadeen |last2=McCluskey |first2=Mitchell |title=Top UN court says Israeli occupation of West Bank and East Jerusalem is illegal |url=https://cnn.com/2024/07/19/middleeast/israel-west-bank-jerusalem-occupation-icj-opinion-intl |access-date=July 22, 2024 |work=[[CNN]] |date=July 19, 2024}}</ref> The court also stated that Israel should "make reparations for the damage caused to all the people" of such lands, and that Israel also had "an obligation to cease immediately all new settlement activities and to evacuate all settlers" from the West Bank and East Jerusalem.<ref name=Jacob>{{cite news |last1=Jacob |first1=Sarah |title=Israel's Palestinian Territories Occupation Unlawful: UN Court |url=https://www.bnnbloomberg.ca/business/company-news/2024/07/19/israels-palestinian-territories-occupation-unlawful-un-court/ |access-date=21 July 2024 |work=[[BNN Bloomberg]] |date=19 July 2024}}</ref><ref>{{cite news |date=19 July 2024 |title=Palestinians Hail ICJ Ruling, Condemnation In Israel |url=https://www.barrons.com/news/palestinians-hail-icj-ruling-condemnation-in-israel-7f58dabe |url-status=live |archive-url=https://web.archive.org/web/20240723155017/https://www.barrons.com/news/palestinians-hail-icj-ruling-condemnation-in-israel-7f58dabe |archive-date=23 July 2024 |access-date=21 July 2024 |work=[[Barron's]] |agency=[[Agence France-Presse]]}}</ref>
==See also==
* [[International law and the Arab–Israeli conflict]]
* [[Israel and apartheid]]
* [[Jordanian annexation of the West Bank]]
* [[List of Israeli settlements]]
* [[Occupation of the Gaza Strip by the United Arab Republic|Occupation of the Gaza Strip by Egypt]]
* [[Occupation of the Gaza Strip by Israel]]
==Notes==
{{notelist}}
==References==
{{reflist|30em}}
<!-- Dead note "WaterGeog": [https://web.archive.org/web/20060628073107/http://www.wws.princeton.edu/wws401c/geography.html "Geography of Water Resources"], Princeton University. Retrieved October 7, 2005. --> <!-- Dead note "DGold1": [http://www.jcpa.org/jl/vp470.htm "Occupied Territories" to "Disputed Territories"] by [[Dore Gold]], Jerusalem Center for Public Affairs, January 16, 2002. Retrieved September 29, 2005. -->
==External links==
{{wikiquote}}
{{Commons category|Territories under occupation by Israel}}
* [https://www.icj-cij.org/sites/default/files/case-related/186/186-20240719-adv-01-00-en.pdf Legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory, including East Jerusalem], advisory opinion of the International Court of Justice, 19 July 2024
* [http://www.jcpa.org/jl/vp470.htm "From 'Occupied Territories' to 'Disputed Territories{{'"}} by Dore Gold]
* [https://web.archive.org/web/20041201112441/http://www.geocities.com/alabasters_archive/occupied_water.html "Israeli Water Interests in the Occupied Territories"], from [http://www.washingtoninstitute.org/templateC04.php "Security for Peace: Israel's Minimal Security Requirements in Negotiations with the Palestinians"] ({{Webarchive|url=https://web.archive.org/web/20051030081118/http://www.washingtoninstitute.org/templateC04.php |date=2005-10-30 }}), by Ze'ev Schiff, 1989. Retrieved October 8, 2005.
* Howell, Mark (2007). ''What Did We Do to Deserve This? Palestinian Life Under Occupation in the West Bank'', Garnet Publishing. {{ISBN|978-1-85964-195-8}}.
* [http://www.ohchr.org/en/countries/menaregion/pages/psindex.aspx Occupied Palestinian Territory], The [[Office of the United Nations High Commissioner for Human Rights]] (OHCHR)
{{DEFAULTSORT:Israeli-Occupied Territories}}
[[Category:Israeli-occupied territories| ]]
[[Category:Israeli–Palestinian conflict]]
[[Category:West Asia]]' |
