Hijacking the Laws of Occupation

By Amb. Alan Baker, JCPA

• here are 40 or more ongoing conflict and occupation situations throughout the world, including in Iraq, Afghanistan, Western Sahara, East Timor, East Congo, Nagorno-Karabakh, Northern Cyprus, and the Crimea.
• Curiously, these situations, which involve extensive transfer of people in order to settle in the occupied territory, are rarely seen by the international community as “occupations.” Nor are the respective parties involved described as “belligerent occupants,” “occupying powers,” or “settlers.”
• From the extent and volume of international attention directed toward Israel and the excessive number of UN resolutions, one might be led to assume that Israel is considered within the international community to be the only “occupying power.”
• The accepted rules of occupation are overly general and do not take into consideration the often unique political, legal, and historical status of the territory in dispute, as is the case regarding Israel.
• The language of occupation law has been politicized, and partisan political expressions such as “Occupied Palestinian Territories” have become common language by the UN and by such humanitarian organizations as the International Red Cross.
• This terminology has no legal basis and prejudges ongoing, agreed-upon, and internationally-endorsed negotiation issues between Israel and the Palestinians. Their use by humanitarian organizations such as the International Red Cross is incompatible with its own constitutional principles of neutrality and impartiality.

Introduction

The fact that there are 40 or more ongoing conflict and occupation situations throughout the world, including in Iraq, Afghanistan, Western Sahara, East Timor, East Congo, Nagorno-Karabakh, Northern Cyprus, and the Crimea, is not widely known.¹

The international community does not appear to be very bothered with these occupation situations. In fact, curiously, these situations are rarely seen by the international community as “occupations.” Nor are the respective parties involved described as “belligerent occupants” or “occupying powers.”

It is rare to find resolutions or agenda items in the highly politicized and partisan UN Human Rights Council that deal with such situations of occupation and transfer of people to establish settlements in the territory they are occupying.

However, the objective criteria for such occupations are evident for all to see, and they clearly fall within the factual definitions of occupations, as set out by the international law of armed conflict and specifically in the 1907 Hague Regulations² and the 1949 Fourth Geneva Convention.³

Furthermore, it appears that most of these occupation situations involve extensive movements of people from the occupier’s territory into the occupied territory for purposes of settlement.

But there is little or no international discussion as to whether such actions and such situations violate international humanitarian law and the laws of occupation.

But this is not the case regarding Israel.

In fact, from the extent and volume of international attention directed toward Israel and the excessive number of UN resolutions and international declarations, any objective observer might be led to assume that Israel is considered within the international community to be the only “occupying power.”

This singling out of Israel for special international scrutiny and criticism is indicative of a distinct double standard, so much so that one cannot but conclude that the laws of occupation have indeed been “hijacked” for one political purpose – to single out Israel only.

Why this is the case?

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