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Israeli-occupied territories - Wikipedia, the free encyclopedia
Israeli-occupied territories
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The Israeli-occupied territories are the territories still occupied by Israel following the Six-Day War of 1967. They consist of the Palestinian Territories of the West Bank, including East Jerusalem, and the Gaza Strip; much of the Golan Heights from Syria; and, until 1982, the Sinai Peninsula from Egypt. Israel maintains that the West Bank is disputed territory[1] and asserts that since the disengagement from Gaza in 2005, it no longer occupies it.[2] The Palestinian Authority, the EU,[3] the International Court of Justice,[4] the UN General Assembly[5] and the UN Security Council[6] consider East Jerusalem to be part of the West Bank and occupied by Israel; Israel considers all of Jerusalem to be its capital and sovereign territory.[7] West Jerusalem is considered to be occupied by Arab and Palestinian representatives.[8]
The International Court of Justice,[4] the UN General Assembly[5] and the United Nations Security Council regards Israel as the "Occupying Power".[9] UN Special Rapporteur Richard Falk called Israel’s occupation "an affront to international law."[10] The Israeli High Court of Justice has ruled that Israel holds the West Bank under "belligerent occupation".[11] According to Talia Sasson, the High Court of Justice in Israel, with a variety of different justices sitting, has repeatedly stated for more than four decades that Israel’s presence in the West Bank is in violation of international law.[12]
Israeli governments have preferred the term "disputed territories" in the case of the West Bank.[13][14]
The first use of the term 'territories occupied' was in United Nations Security Council Resolution 242 following the Six-Day War in 1967, which called for "the establishment of a just and lasting peace in the Middle East" to be achieved by "the application of both the following principles: ... Withdrawal of Israeli armed forces from territories occupied in the recent conflict ... Termination of all claims or states of belligerency" and respect for the right of every state in the area to live in peace within secure and recognized boundaries.
Israel's annexation of East Jerusalem in 1980 (see Jerusalem Law) and the Golan Heights in 1981 (see Golan Heights Law) has not been recognised by any other country.[15] United Nations Security Council Resolution 478 declared the annexation of Jerusalem "null and void" and required that it be rescinded. United Nations Security Council Resolution 497 also declared the annexation of the Golan "null and void". Following withdrawal by Israel from the Sinai Peninsula in 1982, as part of the 1979 Israel–Egypt Peace Treaty, the Sinai ceased to be considered occupied territory. Israel unilaterally disengaged from Gaza in September 2005, and declared itself no longer to be in occupation of the Strip. However, as it retains control of Gaza's airspace and coastline, it continues to be designated as an occupying power in the Gaza Strip by the United Nations Security Council, the United Nations General Assembly[16] and some countries and various human rights organizations.[17][18][19][20]
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The significance of the designation of these territories as occupied territory is that certain legal obligations fall on the occupying power under international law. Under international law there are certain laws of war governing military occupation, including the Hague Conventions of 1899 and 1907 and the Fourth Geneva Convention.[21] One of those obligations is to maintain the status quo until the signing of a peace treaty, the resolution of specific conditions outlined in a peace treaty, or the formation of a new civilian government.[22]
Israel disputes whether, and if so to what extent, it is an occupying power in relation to the Palestinian territories and as to whether Israeli settlements in these territories are in breach of Israel's obligations as an occupying power and constitute a grave breach of the Geneva Conventions and whether the settlements constitute war crimes.[23][24]
Modern evolution of Palestine / Israel.[/QUOTE]
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