Cardozo International & Comparative Law Review
Abstract
The article examines the tension between international humanitarian law (IHL) and international human rights law (IHRL) in the context of prolonged occupations, specifically focusing on Israel's 53-year occupation of Palestinian territory. It proposes a framework that integrates human rights norms, such as nondiscrimination and progressive realization of economic and social rights, into IHL to enhance protections for civilians under occupation. The analysis highlights the limitations of IHL in addressing long-term occupations and advocates for a more robust approach that balances military necessity with the welfare of the occupied population, while also addressing the challenges of enforcing these standards in the political and diplomatic arena.
Disciplines
Comparative and Foreign Law | Courts | Human Rights Law | International Law | Law | Legislation | Military, War, and Peace
Recommended Citation
Sari Bashi,
Human Rights in Indefinite Occupation: Palestine,
3
Cardozo Int’l & Compar. L. Rev.
801
(2020).
Available at:
https://larc.cardozo.yu.edu/ciclr/vol3/iss3/4
Included in
Comparative and Foreign Law Commons, Courts Commons, Human Rights Law Commons, International Law Commons, Legislation Commons, Military, War, and Peace Commons