Source: Daniel Beaudoin and Martha MyersThis exchange represents the viewpoints of two experts in the field on humanitarian access and security concerns in the OPT. A recently retired officer of the IDF and the Country Director of CARE International in West Bank and Gaza engage in a direct dialogue on the most recent issues plaguing humanitarian access and security, specifically concerns with access to the Gaza Strip and cooperation between humanitarian practitioners and security forces on the ground.
This policy brief explores the rules of international humanitarian law (IHL) applicable to “undercover” operations by Israeli security forces in the occupied Palestinian territory (OPT), and assesses how different actors make use of IHL to promote the protection of the civilian population in the particular factual and policy settings of the OPT.
Source: HPCRThis policy brief examines the framework of international humanitarian law as it applies to the Gaza Strip, the West Bank and East Jerusalem. Using a chronological format, the brief outlines the history of debates over the applicability of IHL instruments, sets forth the relevant legal provisions, and reviews the positions of the different parties involved on these issues.
Source: HPCRRecent incidents involving private security companies (PSCs) in Iraq have raised questions among governments and international agencies regarding the appropriate legal framework to regulate these organizations as well as to determine both company and employer liability under international humanitarian law (IHL). While the use of PSCs in the Occupied Palestinian Territory (OPT) has remained more limited than in Iraq, the growing presence of PSCs, especially at military checkpoints and crossings, has raised concerns among humanitarian practitioners. The purpose of this policy brief is to assess current uncertainties concerning the legal status of PSCs as they relate to the work of humanitarian agencies, the integrity of military chain of command, and the protection of civilian populations.
Source: HPCRThis policy brief reviews the legal questions associated with the participation of civilians in hostilities. This issue represents a critical challenge to the protection of civilians in current conflicts, particularly when hostilities are conducted in the midst of civilian populations and assets, and when non-state armed groups are engaged as central actors. This issue is also of particular relevance when the hostilities occur under occupation. While international law recognizes a basic right of self-determination for populations under occupation, it provides immunity against violence only to those not participating in hostilities. This apparent contradiction is at the core of the debate on the protection of civilians and raises a number of questions about the roles and rights of civilians in armed conflict, as well as the concept of participation in the war effort and the nature of hostilities. Is a member of a militant group necessarily a “combatant”? Can he or she be targeted according to the rules of international humanitarian law (IHL)? Is membership the key criterion, or are the actual acts of the individual the deciding factors of his or her status under the law? How can a civilian maintain or restore his or her protected status? Practitioners face these and related questions when developing policies for civilian protection in the occupied Palestinian territory (OPT).
Source: HPCRThis briefing note aims to assess the interplay between International Humanitarian Law (IHL) and International Human Rights Law (IHRL) in the Occupied Palestinian Territory (OPT), particularly as international agencies are engaged in the protection of Palestinian civilians living under occupation. In so doing, the paper will present a range of legal arguments on the applicability of IHRL considering the current situation in the OPT.
Source: HPCRThis policy brief examines a landmark judgment of the Israeli Supreme Court regarding the legality under international law of the policy of the Government of Israel (GoI) on "targeted killings." The implications of the judgment go beyond the issue of "targeted killings," as the Court pronounces itself on the legal framework of the "war on terror" waged by Israel in the Palestinian territory. More particularly, the Court also deals with the legal status of "unlawful combatants" as well as with the application of human rights law to military operations in the Palestinian territory.
Source: HPCRThis policy brief examines the legal aspects, under international humanitarian law (IHL), of the proposed Israeli Disengagement Plan. The proposed disengagement raises three issues for international humanitarian law: 1) Israel's responsibilities following Plan completion; 2) how the end of occupation is to be determined; and 3) the legal consequences of an end of occupation in the Gaza Strip.
Source: HPCRThis policy brief discusses the legal implications under international humanitarian law (IHL) of erecting and maintaining a separation barrier in the Occupied Palestinian Territory (OPT). The main objective of this brief is to review the applicable IHL rules and present the various legal perspectives of the parties involved in the debate on the legality of the separation barrier. In addition, a special update includes information on the recent decisions by the International Court of Justice and the Israeli High Court of Justice on the legality of the barrier.
Source: HPCRThe following policy brief discusses the application of international humanitarian law (IHL) – specifically the law of belligerent occupation – to the Occupied Palestinian Territory. The purpose of this brief is to present a critical review of the legal arguments put forth by the various parties in the current debate. Following the practice of the United Nations (UN), this brief will refer to the Gaza Strip, the West Bank and East Jerusalem as the “Occupied Palestinian Territory” (OPT) .
Source: HPCRThis policy brief explores the legal aspects of measures related to the deportation and forcible transfer of Palestinians living in the Occupied Palestinian Territory (OPT), as well as the legal regime applicable to the imposition of assigned residence in Gaza to Palestinians from the West Bank.
Source: HPCRThis policy brief reviews the rules of International Humanitarian Law (IHL) applicable to the conduct of hostilities in urban environments and identifies key legal provisions designed to enhance the protection of civilians in these areas.
Source: HPCRThe following policy brief discusses the obligations of Israel as an occupying power in the Gaza Strip, the West Bank and East Jerusalem, based on the central rules and principles contained in the law of belligerent occupation. Following the practice of the United Nations (UN), this policy brief will refer to these territories as the "Occupied Palestinian Territory" (OPT).
Source: HPCRThe following policy brief discusses the legal implications under international humanitarian law (IHL) of Israeli settlements in the Gaza Strip, the West Bank and East Jerusalem. Following the practice of the United Nations (UN), this brief will refer to the Gaza Strip, the West Bank, and East Jerusalem as the Occupied Palestinian Territory.