Consequences of Prolonged Occupation of Palestine Towards Third States: Possible Approaches of ICJ

Document Type : Research Paper

Authors

1 Ph.D. in International Law,, Allameh Tabataba'i University

2 Ph.D in International Law, Qom University

10.22034/law.2024.58212.3314

Abstract

A long time has passed since occupation of Palestinian territory by Israel. yet no solution has been rendered for the humanitarian and security crises by the world community. Occupation of Palestine embraces broad breaches of different principles and rules of international law including right of self-determination and jus ad bellum. However, the Continuance and prolongation of the occupation has led to doubts as to its illegitimacy. apart from any practical solution that could or can be given to this problem, analytical description of the nature of situation and its legitimacy might throw light on the feasible actions which need to be taken. In line with this purpose, The UN General Assembly has requested for an advisory opinion from ICJ on the effect of the ongoing violation of International Law resulting from the prolonged occupation of Palestine on legal nature of the occupation and its consequences towards third States. In this article using the analytical- descriptive method, we are to analyze the nature and consequences of the prolonged occupation under international law and the possible approaches of the ICJ in this regard. Finally, in our opinion prolonged occupation as the result of jus ad bellum is the continuous breach of international law which should be ended as soon as possible and unconditionally by observing the international rules both from the occupier and third Stat’s sides.

Keywords

Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 07 May 2024

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