A/HRC/12/48
page 72
customary international law, and set out as a right of peoples in the two International Covenants
on Human Rights (common article 1 of the International Covenant on Civil and Political Rights
(ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR)).
The right of the Palestinian people to self-determination has been affirmed by the General
Assembly and the International Court of Justice in its Advisory Opinion on the Legal
Consequences of the Construction of a Wall in the Occupied Palestinian Territory.154 Selfdetermination has special prominence in the context of the recent events and military hostilities
in the region, because they are but one episode in the long occupation of the Palestinian territory.
The right to self-determination has an erga omnes character whereby all States have the duty to
promote its realization. This is also recognized by the United Nations General Assembly, which
has declared that peoples who resist forcible action depriving them of their right to selfdetermination have the right to seek and receive support from third parties.155 Those who take
action amounting to military force must comply with IHL.
B.
International humanitarian law
270. All parties to the armed conflict are bound by relevant rules of IHL, whether of
conventional or customary character. International humanitarian law comprises principles and
rules applicable to the conduct of military hostilities and provides for restraints upon the conduct
of military action so as to protect civilians and those that are hors de combat. It also applies to
situations of belligerent occupation.
271. Israel is a party to the four Geneva Conventions of 12 August 1949, but has not ratified
their Additional Protocols I or II on the protection of victims of armed conflict. In addition,
Israel is a party to the Convention on Prohibitions or Restrictions on the Use of Certain
Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have
Indiscriminate Effects, as well as its Protocol I on Non-Detectable Fragments, both of
10 October 1980.
272. Many of the rules contained in the Fourth Hague Convention respecting the Laws and
Customs of War on Land and the Regulations annexed to it, and the four Geneva Conventions
and their Additional Protocols are now part of customary international law. Israel’s High Court
of Justice has confirmed that Israel must adhere to those rules and principles reflected in the
Fourth Geneva Convention, the Regulations annexed to the Fourth Hague Convention and the
customary international law principles reflected in certain provisions of Additional Protocol I to
the Geneva Conventions of 1949. The Government of Israel accepts that, although it is not a
party to the Additional Protocol I, some of its provisions accurately reflect customary
international law.156 Under the rules of State responsibility, Israel is responsible for any
violations of international law attributable to it. Specifically, under the Fourth Geneva
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion of 9
July 2004, I.C.J. Reports 2004, p. 135, paras. 149, 155 and 159.
154
Ibid., para. 156; Declaration on Principles of International Law concerning Friendly Relations and Cooperation
among States in accordance with the Charter of the United Nations (General Assembly resolution 2625 (XXV) of
24 October 1970).
155
156
“The operation in Gaza…”, para. 31.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents