Israel’s unlawfully prolonged occupation: consequences under an integrated legal framework

Summary:

+ An unlawfully prolonged occupation arises when an occupying state seeks to permanently transform the international status, government or demographic character of a foreign territory, including through de jure or de facto annexation.
+ Israel’s continued use of force to prolong its occupation is not justified by military necessity, but reflects government-sanctioned policies and practices of creeping annexation. As such, Israel’s occupation of Palestine has become unlawfully prolonged.
+ Diligent enforcement is needed of all applicable international law, which includes international humanitarian law, international human rights law, the laws on the use of force and on the self-determination of peoples to further Israel’s withdrawal from the territory.
+ Third party states and international actors are legally obligated to ensure non-recognition of Israel’s internationally unlawful acts. They should be at the forefront of efforts to further Israel’s compliance with international law.
+ The EU and other third parties should use the 50th year of Israel’s occupation to comprehensively review their dealings with Israel and Israeli entities, to ensure that they are not recognising as lawful Israel’s internationally unlawful acts.

• Primary Source

ESO: Background information: Statement by High Representative/Vice-President Federica Mogherini on the 'Regularisation Law' adopted by the Israeli Knesset http://www.europeansources.info/record/statement-by-high-representative-vice-president-federica-mogherini-on-the-regularisation-law-adopted-by-the-israeli-knesset/

EU: EEAS: Israel and the European Union https://eeas.europa.eu/headquarters/headquarters-homepage/1337/israel-and-eu_en

EU: EEAS: Topics: Middle East Peace Process https://eeas.europa.eu/topics/middle-east-peace-process_en

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