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THE LEGALITY OF THE ISRAELI OCCUPATION OF THE OCCUPIED PALESTINIAN TERRITORY, INCLUDING EAST JERUSALEM

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7 September 2023

This study examines two central questions. First, it asks whether Israel’s de facto and de jure annexation measures, continued settlement and protracted occupation of the Palestinian territory – the West Bank, including East Jerusalem, and the Gaza Strip – render the occupation illegal under international law. Second, the study examines the question raised by the implications arising from a finding of illegal occupation. If an occupation can become illegal, what would be the legal consequences that arise for all States and the United Nations, considering, inter alia, the rules and principles of international law, including, but not limited to, the Charter of the United Nations; the Fourth Geneva Convention; international human rights law; relevant Security Council, General Assembly and Human Rights Council resolutions; and the advisory opinion of the International Court of Justice of 9 July 2004...

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