Does Israel Occupy the West Bank?

T. Belman. Kontorovich is excellent but in my opinion he left out a key element. The left argues that the Geneva Convention applies to the West Bank and thus Israel is bound to govern these lands according to the Geneva Convention. They accuse Israel of many violations of these accords. BUT. it doesn’t apply.

It only applies when one High Contracting Party (Israel) occupies the land of another High Contracting Party (Jordan)”. The West Bank was never Jordan’s land though it formerly annexed it in 1949. Only two countries recognized the annexation.

It follows that the Geneva Convention does not apply because Israel is not occupying the land of another High Contracting Party.

I believe that this issue was discussed by the High Court of Israel in their fence decision but it was never adjudicated upon. PM Sharon instructed Israel’s lawyers to acknowledge that Israel held the land under “belligerent occupation” and so it did.