International Humanitarian Laws and the Protection of Palestinians from Forced Evictions in Occupied Territories

The topic of forced evictions in occupied territories, particularly in East Jerusalem, is a matter of significant international concern. Under the principles of International Humanitarian Law (IHL), measures are in place to protect civilians, including Palestinians, from forced evictions. This article delves into the legal framework that underpins these protections and how they are applied in the context of occupied territories such as East Jerusalem.

Understanding International Humanitarian Law (IHL)

International Humanitarian Law, also known as the law of armed conflict, is a body of international law that regulates conduct in armed conflicts and protects individuals who are not or are no longer participating in hostilities, such as civilians and prisoners of war. It includes treaties, conventions, and customary laws that are binding on all parties to an armed conflict.

The Legal Protections for Palestinians in Occupied Territories

Occupied territories by definition are areas under military control where civilians live and there is a foreign force that has seized control. In the case of the West Bank, including East Jerusalem, the situation is further complicated by the status of the West Bank as territory under Israeli control as a result of the 1967 Six-Day War. Despite Israeli claims to these territories, they remain internationally recognized as occupied territories, and international law applies accordingly.

The Fourth Geneva Convention and its Relevance to Palestinians

The Fourth Geneva Convention of 1949, specifically Article 27, provides protection for civilians in occupied territories. It stipulates that civilians cannot be subjected to forced transfers or deportations. Article 121 of the Fourth Geneva Convention also prohibits the relocation of protected persons from occupied territory. These provisions are designed to prevent forced evictions and to ensure that civilians are not separated from their homes or communities.

Challenges and Exceptions to These Protections

While these protections are in place, enforcement and compliance present significant challenges. The Israeli occupation, which has been ongoing since 1967, is marked by a complex legal and administrative landscape. Additionally, the inconsistencies between Israeli domestic law and international law can lead to conflicts in interpreting and enforcing measures that protect Palestinians.

Key Issues and Legal Interpretations

One of the main issues is the distinction between settlement building and Palestinian settlement in areas that Israel refers to as 'Building in Areas C'. Israeli authorities often argue that Palestinians living in these areas have acquired the right to live there through long-term residency or previous property ownership. However, this interpretation is disputed by Palestinian rights organizations and international legal experts, who argue that any transfer of property rights in occupied territories is invalid under international law.

A second issue pertains to the concept of 'land rights' in occupied territories. While Israeli law might recognize certain land titles, international law generally considers all land in occupied territories to be subject to the Fourth Geneva Convention. This means that the Israeli authorities cannot transfer ownership of land to settlers or expel Palestinians from their land without violating international law.

The Eviction Process and Its Impact

Evictions in occupied territories are often carried out through legal mechanisms, but these processes are fraught with legal grey areas. Palestinians who are evicted may face legal proceedings that are technically based on local laws, but these laws frequently contradict internationally recognized standards. For example, Palestinian families may be evicted on the grounds that they are 'squatters' or that they built without proper permits, despite the fact that their rights under IHL should take precedence.

The impact of these evictions on individuals and communities is profound. Families are often displaced, sometimes forced to disperse across different neighborhoods or countries. Homes and businesses are demolished, leading to economic hardship and psychological trauma for those involved.

Conclusion and Future Considerations

International Humanitarian Law provides a robust framework for protecting civilians in occupied territories. However, the reality on the ground often falls short of these protections, largely due to the complex legal and political landscape. Future efforts to uphold these protections must address the underlying legal and political challenges. It is crucial for the international community, including governing bodies and non-governmental organizations, to work together to ensure that the rights of Palestinians and other civilians in occupied territories are respected and enforced.

Key Takeaways

International Humanitarian Law, particularly the Fourth Geneva Convention, provides legal protections for civilians in occupied territories. The illegal transfer of property rights in occupied territories is not recognized under international law. Evictions based on local laws often conflict with internationally recognized standards and may constitute a violation of IHL.