Illegal Modification of Local Law

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Israeli Violations of International Law - (2) Israel radically modifies local law beyond what is allowable under international law (violating Palestinian human rights and to the benefit of Israel's economy and the Israeli settlements on occupied Palestinian lands, and actually creating de facto annexation of much of the occupied territories):

ISRAELI VIOLATION: HISTORY & THEORY

Following the 1967 war and the occupation of the West Bank and Gaza, the Israeli military began a long-term occupation of these Palestinian territories marked by:

(1) Outright annexation of East Jerusalem and the Golan Heights;
(2) The expropriation of huge amounts of Palestinian lands for their own use, including the establishment of many illegal Israeli civilian settlements;
(3) The isolation of the Palestinian population centers strangling Palestinian society;
(4) Exploitation of the Palestinian economy for the sake of the Israeli economy.

These steps involved the radical transformation of the legal system present in the West Bank and Gaza. For example:

(1) Passing Israeli military orders in the occupied territories and laws in Israel itself changing the legal status of East Jerusalem and the Golan Heights to make it part of Israel itself;
(2) Replacing Arab government institutions in the occupied territories with Israeli military committees controlling every aspect of Palestinian life and commerce;
(3) Passing huge numbers of military orders expropriating Palestinian lands, and then creating a separate legal system for the Israeli civilian settlements on those lands, and then finally applying many Israeli laws and government systems to those settlements creating de facto annexation of those areas of the occupied territories.
(4) Building physical structures to physically isolate the Palestinian areas - in addition to the civilian settlements there was a web of Israeli-use only highways, Israeli military buffer zones, wilderness preserves, and then the Israeli-built separation barrier which was actually built through many communities destroying them;
(5) Through military orders establishing a permit system covering every aspect of the Palestinian economy which the Israeli government then manipulated to the benefit of Israel.

Because this transformation of the native legal system was clearly to the benefit of Israel and the detriment of the Palestinian society, it was in violation of numerous international laws. For more details please see the Study Guide on Military Orders in this website.

ISRAELI VIOLATIONS OF INTERNATIONAL LAW

Major Legal Principle Violated -
- 4. The Occupant is Required to not Significantly Change Local Laws Unless Required For Its Own Security Or To Benefit The Local Population.
As Per International Law -
- Hague Regulations IV (1907), article 43 (full text) (specific articles - see below)
International Response -
- United Nations -
- International Miscellaneous response -
- Academic Analysis -

RELEVANT QUOTES FROM TEXT

Hague Regulations IV (1907), articles 43:

Article 43. The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.

REFERENCES

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