Article

The role of the International Covenant on Civil and Political Rights in the Israeli-Palestinian conflict : should Israel's obligations under the Covenant extend to Gaza and the other occupied Palestinian territories ?

David Mennie

• Transnational law and contemporary problems, Vol. 21, issue 2, Summer 2012, p. 511

English

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This Note addresses whether and to what degree the International Covenant on Civil and Political Rights (ICCPR) creates obligations for Israel with respect to the individuals residing in Gaza as well as the other Occupied Palestinian Territories ("OPTs"). It shows that, according to the norms of customary international law, the ICCPR does not create obligations for Israel with respect to those individuals residing in either Gaza or the OPTs. However, the Israeli Supreme Court has created some binding obligations for the Israeli government under the ICCPR with regard to individuals in the OPTs and, perhaps, in Gaza as well. It will conclude that these obligations have negatively impacted the individuals residing in Gaza and the other OPTs.

• Full text : only from ICRC headquarters