This report addresses Israel’s systematic violation of international law pertaining to the protection of cultural property during armed conflict, important to bear in mind when campaigning for a cultural boycott of Israel. It provides a comprehensive legal analysis of Israel’s policies concerning cultural property in the Occupied Palestinian Territories (OPT). Consideration is given to the relevant provisions of international law on the protection of cultural property; how these standards have been applied in the OPT; Israeli law regarding the protection of cultural property; patterns that have been seen in the OPT; and the obligations of Israel and third-party states regarding these ongoing violations.
Category Archives: Legal
Divide and Conquer – A Legal Analysis of Israel’s 2014 offensive against the Gaza Strip
Between 8 July and 26 August 2014, Israel carried out a massive offensive against the occupied Gaza Strip, codenamed ‘Operation Protective Edge’. According to documentation jointly compiled by the Palestinian human rights organisations Al-Haq, Al Mezan, Aldameer and the Palestinian Center for Human Rights, a total of 2,215 Palestinians, including 1,639 civilians of which 556 were children, were killed during the offensive. The report documents damage to 32,028 Palestinian residential houses and found that 43,503 Palestinian families, including 125,079 children, were affected by the destruction and damage to residential house and puts the offensive in the wider context of the occupation and an ongoing unlawful closure
Public Statement of the Russell Tribunal on Palestine following the conclusion of the London Session on corporate complicity in Israeli violations of international law
Legal complaint regarding the conduct of G4S and subsidiaries in the Occupied Palestinian Territory and Israel
Veolia’s corporate abuses: 2012 letter from Richard Falk, United Nations Special Rapporteur on the situation of human rights in the Palestinian territories
A 2012 letter about Veolia’s corporate abuses from Richard Falk, United Nations Special Rapporteur on the
situation of human rights in the Palestinian territories
al-haq-pillage-dead-sea-report
This Al Haq report presents an authoritative legal analysis of the history and practices of Israeli land expropriation in the Dead Sea area. Israeli-imposed building restructions, closure policies and settlement construction allow the pillage and abuse of natural resources. Illustrated using notable case studies such as Ahava, the report critically offers an outline of third parties legal responsibility in the face of Israel’s violations.
Feasting on the Occupation: Illegality of Settlement Produce and the Responsibility of EU Member States under International Law
The report by Palestinian organisation Al Haq documents the Israeli settlement enterprise and its export abroad of goods produced on stolen Palestinian land. It looks at the issue of mislabelling on the European market and outlines how a ban on settlement produce can be lawfully implemented by EU member states as well as why it must be to bring about a just peace. Grounded in international law, the report uses case studies on the ground such as the occupied Jordan Valley and examples of relevant exports such as „conflict diamonds“.
Corporate Complicity in Violations of International Law in Palestine
This report from Palestinian advocacy organisation BADIL exposes the corporations that profit from Israel’s violations of international law. It includes legal analysis of corporate complicity and illustrative case studies as well as proposing means to hold these corporations to account.
Principles and Mechanisms to Hold Business Accountable for Human Rights Abuses: Potential Avenues to Challenge Corporate Involvement in Israel’s Oppression of the Palestinian People
This report from Palestinian advocacy organisation BADIL examines the domestic and international laws being violated by corporations complicit in Israel’s oppression of the Palestinian people. It provides a thorough overview of possible methods to challenge this complicity using the law.
New legal memo on State Responsibility vis-a-vis Israel’s Illegal Settlement Enterprise in the OPT
Al-Haq is pleased to announce the publication of “State Responsibility in Connection with Israel’s Illegal Settlement Enterprise in the Occupied Palestinian Territory.” The new legal memorandum analyses the concept of State responsibility under customary international law and examines the recommendations of the 2004 International Court of Justice (ICJ) Advisory Opinion on the Legal Consequences of the Construction of a Wall in the OPT (Advisory Opinion on the Wall) as guided by the International Law Commission Draft Articles on State Responsibility for Internationally Wrongful Acts of 2001 (ILC Articles).
The paper argues that the Advisory Opinion on the Wall represents the most appropriate and authoritative legal framework for the analysis of the nature of Israel’s international breaches and the legal consequences resulting from its settlement project. The Advisory Opinion on the Wall does so by establishing a broad legal foundation for Israel and Third State Party’s obligations which is based not only on international humanitarian law provisions, but also on human rights treaties and customary humanitarian and human rights law.
Given the current context in which numerous efforts are undertaken by many local and international actors to end Israel’s unlawful settlement enterprise, the legal memorandum seeks to raise awareness on the significant legal implications of the Advisory Opinion on the Wall and the ILC Articles. In particular, the memorandum reviews the wide range of Israeli actors involved in the expansion and maintenance of settlements, and their associated regime, in the Occupied Palestinian Territory (OPT), and illustrates how the conduct of these actors is attributable to the State of Israel under rules of customary international law, thus entailing Israel’s State responsibility for the illegal settlement enterprise.
Prepared by Ms. Ingrid Jaradat Gassner and endorsed by local and international scholars, including Prof. Susan Akram, Prof. John Dugard, Prof. Vera Gowlland-Debbas, Dr. Jeff Handmaker, Dr. Anis F. Kassim, Dr. Michael Kearney, Prof. Jonathan Klaaren and Prof. Paul de Waart, the memorandum provides a legal framework for advocacy, which aims at holding States accountable to their international legal obligations vis-à-vis Israel’s illegal settlement policies in the OPT.
Publication attached
Comprehensive Military Embargo of Israel – A working paper of the Palestinian Boycott, Divestment and Sanctions National Committee (BNC)
This background document accompanies the BNC’s call for an immediate, comprehensive military Embargo on Israel, issued on 9 July 2011. It examines the legal framework in which the call is made, Israel’s record of unlawful use of armed force, and the role of military cooperation with Israel , Israel’s military industry and the academy in maintaining Israel’s violations of international law and its system of apartheid, colonisation and occupation against the Palestinian people. The document concludes with an overview of international legal obligations to end Israel’s unlawful use of armed force whose respect by governments, the UN and business corporations has yet to be ensured.
Richard Falk on BDS and state responsibility
Richard Falk, a United Nations Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, writes on the responsibility of the whole of the State of Israel, not just the settlements, for its violations of international law. Falk discusses the political and tactical implications for the BDS movement.