Chapter

Legal implications of the membership of a Palestinian State in the UN on civilians in the light of international humanitarian law

Floriana Fabbri and Jacopo Terrosi

Palestine membership in the United Nations : legal and practical implications

Newcastle upon Tyne : Cambridge scholars publishing, 2013

p. 234-251

English

Photocopies

At present, the qualification of the conflict between Israel and the occupied territories is highly controversial, but some doctrinal interpretation tends to classify it as a non-international armed conflict. The present chapter demonstrates that the consolidation of a Palestinian State will result in a change in the legal assessment of the conflict, rendering it an international armed conflict. In particular, the new situation will confer on Palestine the status of an "occupied State" with the subjective right to have direct recourse to the Security Council. The Security Council will eventually have to take a decision to demand Israel to leave the territory of Palestine immediately in order to restore peace in the area. Basing itself on the changes in the status of Palestine and in the definition of the conflict, this chapter will discuss the change in the legal status of the population of the territory in the light of the Geneva Conventions.

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