WHAT RIGHTS DO PERSONS IN OCCUPIED TERRITORIES HAVE

WHAT RIGHTS DO PERSONS IN OCCUPIED TERRITORIES HAVE, E. G. WEST BANK, AND WHY IS THE ANSWER NOT SO CLEAR?

WHAT IS AN OCCUPIED TERRITORY? ｷ Hague Regulations 1948 ｷ 4 th Geneva Convention ｷ Current Thinking

THE HAUGE REGULATIONS OF 1907 ｷ Occupier must establish their own direct form of government ｷ ARTICLE 43: “The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore and ensure, as far as possible, public order and [civil life], while respecting, unless absolutely prevented, the laws in force in the country. ”

WWII AND ITS EFFECTS ON THE HAGUE REGULATIONS OF 1907 ｷ WWII ｷ THE 4 TH GENEVA CONVENTION 1949

ARTICLE 64: The New Constitution for Occupation Administrators “The penal laws of the occupied territory shall remain in force, with the exception that they may be repealed or suspended by the Occupying Power in cases where they constitute a threat to its security…” “The Occupying Power may, however, subject the population of the occupied territory to provisions which are essential to enable the Occupying Power to fulfil its obligations under the present Convention, to maintain the orderly government of the territory and to ensure the security of the Occupying Power…”

PROTECTION FOR THE PERSONS IN OCCUPIED TERRITORIES § Article 27 – Humane Treatment § Article 50 – Schools § Article 51 & 52 – Labour Conditions § Article 55 – Food § Article 56 – Medical Care § Article 59 – Relief

SO WHAT DID GENEVA DO? ｷPseudo Bill of Rights ｷShift of emphasis from states to individuals

CASE STUDY ISRAEL / PALESTINE: THE WEST BANK AND GAZA STRIP ｷUnique Status ｷEconomic Integration ｷJewish Settlements in Occupied Territory

SELF DETERMINATION AS AN END TO OCCUPATION?

HUMAN RIGHTS AND OCCUPIED TERRITORIES ｷApplicable docs ｷUDHR Art 13 (2) Everyone has the right to leave any country, including his own, and to return to his country ｷUDHR Art 15 (1) Everyone has a right to a nationality. (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. ｷHow applicable are these documents? ｷIssues raised

THE WAY FORWARD (? ) ｷFusion of HR and Laws of Occupation ｷExternal Authority and External Enforcement ｷClearer definition of ‘Military Necessity’ ｷRedefinition of Occupation