The Unyielding Weight of Occupation

A Simple Look at the Israeli-Palestinian Conflict

The Israeli-Palestinian conflict is neither recent nor devoid of context. Its origins trace back to the early 20th century and became particularly acute with the establishment of the State of Israel in 1948 and the consequent displacement of approximately 700,000 Palestinians, known as the First Nakba. When assessing this protracted conflict, one cannot overlook the stark power imbalance between Israel, a sovereign state with significant military prowess, and the Palestinians, who live under varying degrees of restriction and occupation.

The Ineffectiveness and Bias of International Institutions

While the United Nations has passed over 200 resolutions concerning the Israeli-Palestinian conflict, the occupation persists. Critics argue that international bodies like the UN and the European Union have not only failed to resolve the conflict but have often displayed a bias toward Israel. This institutional failure adds another layer of complexity to the already fraught situation.

The Legal Status of Occupation

Despite the plethora of United Nations Security Council resolutions, including 242 and 338, that designate the West Bank and Gaza Strip as occupied territories, the international community has achieved little in changing the status quo.

The Illegality of Settlements

The construction of settlements, which as of 2021, are home to approximately 650,000 Israelis in the West Bank and East Jerusalem, further entrenches the occupation. These settlements are widely considered illegal under international law, yet they continue to expand, with tacit or explicit support from powerful international actors.

The Separation Wall and Movement Restrictions

The separation wall, approximately 712 km long, is another manifestation of the power imbalance. While Israel cites security concerns, the wall annexes Palestinian land and significantly restricts Palestinian movement. International institutions have done little to dismantle this barrier, despite its being deemed illegal by the International Court of Justice.

Exploitation of Resources

Israel’s control over 80% of the water resources in the occupied West Bank is another glaring example of this disparity. Palestinians often have to make do with less than the World Health Organization’s recommended 100 liters of water per capita per day, a situation that has elicited only muted criticism from international bodies.

Crimes Against Humanity

In the 21st century alone, Israel has been implicated in a series of well-documented claims and widely reported incidents that have raised serious concerns about potential crimes against humanity. These include Operation Defensive Shield in 2002, which led to claims of disproportionate use of force and collective punishment in the West Bank. The construction of the Separation Barrier from 2003 onwards has been criticized for illegal land annexation and imposing movement restrictions on Palestinians.

Operations such as Summer Rains in 2006, Cast Lead in 2008-2009, Pillar of Defense in 2012, and Protective Edge in 2014 have been marred by claims of indiscriminate bombing in Gaza, leading to many civilian casualties. The 2010 Gaza Flotilla Raid raised questions about the excessive use of force against civilians on a humanitarian mission. More recently, lethal force in the 2018 Gaza border protests, known as the Great March of Return, has been another point of contention. Ongoing issues such as home demolitions, illegal settlement expansion, severe movement restrictions, arbitrary detentions—including of minors—and resource deprivation continue to be major points of international concern. While Israel often cites security reasons to justify these actions, the weight of these claims calls for impartial investigation and resolution in accordance with international law.

The Way Forward

Given this significant power imbalance and the seeming bias or ineffectiveness of international institutions, it’s untenable to use Israel’s security concerns as a blanket justification for policies that violate international law and human rights.

A fair and just discourse on the Israeli-Palestinian conflict must not only acknowledge the power dynamics but also critically examine the role of international institutions. The data and the law point overwhelmingly toward the necessity of a two-state solution as the only viable, just, and sustainable resolution to this deeply rooted conflict.

References

Anti-Defamation League. (2016, January 9). United Nations Security Council Resolution 242/338. https://www.adl.org/resources/backgrounder/united-nations-security-council-resolution-242338

Ben-Naftali, Orna and Gross, Aeyal and Michaeli, Keren, Illegal Occupation: The Framing of the Occupied Palestinian Territory. Berkley Journal of International Law, Vol. 23, p. 551, 2005, Available at SSRN: https://ssrn.com/abstract=1098483

Dau, C. (2019). Israeli Settlements and Unlawful Population Transfer into Occupied Territory — with Special Focus on “Indirect Transfers” According to Article 8 (2) (b) (viii) of the ICC Statute. Humanitäres Völkerrecht: Journal of International Law of Peace and Armed Conflict, 2(1/2), 67–88. https://www.jstor.org/stable/48540660

International Court of Justice. (2004, July 9). Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory. https://www.un.org/unispal/document/auto-insert-204033/

Amnesty International. (2009, October 27). Israel/Occupied Palestinian Territories: Demand Dignity: Troubled waters – Palestinians denied fair access to water. Amnesty International Publications. https://www.amnesty.org/en/documents/mde15/027/2009/en/

United Nations Human Rights Council. (2009, September 25). Report of the United Nations Fact-Finding Mission on the Gaza Conflict (A/HRC/12/48). https://documents-dds-ny.un.org/doc/UNDOC/GEN/G09/158/66/PDF/G0915866.pdf?OpenElement

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