1 February 2018
Our new publication The Armed Conflict in Israel-Palestine provides an update of the Israeli-Palestinian conflict and highlights 2017’s most important developments.
Written by Montse Ferrer, the article starts by analysing the current situation in the West Bank, East Jerusalem and Gaza, and discusses the timeframe and challenges related to the preliminary examination of the situation in Palestine by the Office of the Prosecutor (OTP) of the International Criminal Court (ICC). The article ends by highlighting key 2017 developments and parties to the conflict.
This publication will form part, along with other analysis of conflict situations, of the War Report 2017 which will be published in Spring 2018.
President Trump’s decision to recognize Jerusalem as the capital of Israel happens in a context where efforts to expand settlements in Palestinian-owned land have continued, particularly in East Jerusalem, leading to an increase in evictions of Palestinian families. As explained in the article, the long-term impact of Trump’s decision to recognize Jerusalem as the capital of Israel, along with its legal and diplomatic consequences are not yet clear.
After 10 years of blockade of the Gaza strip by Israel and Egypt, whose effects have been catastrophic for the population, Fatah and Hamas signed on 11 October 2017 a reconciliation agreement in which Hamas agreed to transfer administrative control of Gaza to the Palestinian Authority (PA), including the Rafah border with Egypt. In return, the PA will lift its sanctions, easing Gaza’s economic blockade.
As this is not the first attempt at reunification, the article lists open questions and issues that remain unresolved by the agreement and have led to the failure of past reconciliation attempts.
In April 2014, the ICC Office of the Prosecutor (OTP) opened a preliminary examination into the situation in Palestine to determine whether the criteria have been met to merit pursuing a formal investigation into crimes committed in and from Palestine, focusing on (1) settlement-related activities in the West Bank and East Jerusalem, in particular as they are linked to the displacement of Palestinian residents; and (2) the 2014 Gaza conflict.
The article highlights that for the OPT to pursue a formal investigation, it will have to determine whether the situation in Palestine satisfies the Rome Statute’s admissibility requirements of complementarity and gravity – a determination of whether Israel is ‘unwilling or unable’ to investigate or punish the accused; and an assessment of the scale, nature, manner of commission of the alleged crimes and their impact.
The article also points that the OTP signaled that it will also have to decide two thorny jurisdictional issues: the legal regime applicable to the territory of the West Bank and the legal characterization of the Gaza conflict.
The parties to the conflict continue to be Israel and Palestine, with the two key political factions – Fatah and Hamas – along with multiple armed groups which can generally be categorized as being part of one of the following groups: Hamas affiliated, Fatah affiliated, Palestinian Islamic Jihad or Salafist Groups.
Besides these parties, the article highlights that one group that is poised to keep growing, if not in numbers and support, certainly in publicity, is Islamic State of Iraq and the Levant – Sinai Province (ISIL-SP). ‘While this group has been a strong critic of Hamas for several years, various reports highlight that ISIL-SP has been gaining popularity, at least with a certain part of the Palestinian society, especially in the Gaza Strip’ underlines the author of the article.
The Rule of Law in Armed Conflicts (RULAC) online portal provides a legal analysis of the military occupation of Palestine by Israel, notably the different forms of control exercised by Israel over the West Bank, including East Jerusalem, and the Gaza Strip; identifies the parties; and applicable international law.
Our new War Report article Iraq: Any Hope for Change? provides an overview of the non-international armed conflict in the country, including information about the classification of the conflict, its history, parties and developments in 2019.
Olivier Chamard/Geneva Academy
Applications for the 2020–2021 academic year of our LLM just opened today and will close on 31 January 2020 (applications with scholarships) and on 28 February 2020 (applications without scholarships).
To kick-start discussions at the UN about the right to a clean, healthy and sustainable environment, this expert seminar will consider the growing recognition of this right and will answer the question: is it time for universal recognition at UN-level?
Robin Geiß, Swiss Chair of IHL at the Geneva Academy, will explore the disruptive potential of new military technologies with a focus on those areas where these technologies could fall through the cracks of the international legal order.
This short course discusses the extent to which states may limit and/or derogate from their international human rights obligations in order to prevent and counter terrorism and thus protect persons under their jurisdiction.
This short course provides an overview of the evolution of the rules governing the use of force in international law, focusing on military intervention on humanitarian grounds and the creation of the United Nations collective security system. It then addresses the concept of the responsibility to protect.
Olivier Chamard / Geneva Academy
The Treaty Body Members’ Platform connects experts in UN treaty bodies with each other as well as with Geneva-based practitioners, academics and diplomats to share expertise, exchange views on topical questions and develop synergies.
As an annual publication, The War Report provides an overview of contemporary trends in current armed conflicts, including key international humanitarian law and policy issues that have arisen and require attention.