Prolonged Military Occupation: The Israeli-Occupied Territories Since 1967

Abstract

To what extent are international legal rules formally applicable, and practically relevant, to a prolonged military occupation? The question has assumed prominence because of the exceptional duration of the occupation by Israel of various territories that came under its control in the war of June 5–10, 1967. The situation there has had two classic features of a military occupation: first, a formal system of external control by a force whose presence is not sanctioned by international agreement; and second, a conflict of nationality and interest between the inhabitants, on the one hand, and those exercising power over them, on the other. In highlighting these features, the Palestinian uprising, or intifada, which began in Gaza and the West Bank in December 1987, has added urgency to the question of the law applicable to prolonged occupations.