Living in denial : the application of human rights in the occupied territories
Orna Ben-Naftali and Yuval Shany
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Israel law review : a journal of human rights, public and international law, Vol. 37, no. 1, 2003, p. 17-118
Are human rights norms applicable to occupied territories in general, and to the West Bank and Gaza strip in particular? The article examines the controversy that had arisen between Israel and the UN treaty monitoring bodies in relation to this question and critically analyzes Israel's objections to such applicability. The article posits that the universal object and purpose of human rights treaties require their applicability in all territories subject to the effective control of the state parties, as well as to other extra-territorial exercises of government power directly affecting individuals. Consequently, international human rights law and international humanitarian law apply in occupied territories in parallel and not to the exclusion of one another. In conclusion, the paper posits that Israel's refusal to apply the six principal human rights treaties to which it is party to the Occupied Territories is incompatible with its international law obligations and proceeds to propose modalities for the co-application of both human rights and humanitarian law in occupied territories.
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