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International Law and Palestinian Position

The 1967 border, which is defined as the 1949 Armistice Line along with all legal modification thereto up to June 4th 1967,  is the internationally-recognized border between Israel and the occupied State of Palestine. A basic principle of international law is that no state may acquire territory by force. Israel has no valid claim to any part of the territory it occupied in 1967. The international community does not recognize Israeli sovereignty over any part of the occupied State of Palestine, including East Jerusalem.

  • Article 2 of the Charter of the United Nations (1945), requires that “[a]ll Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”
  • UN Security Council Resolution 242 (1967) emphasizes “the inadmissibility of the acquisition of territory by war” and calls for the “[w]ithdrawal of Israel armed forces from territories occupied in the recent conflict.”
  • The International Court of Justice, in its July 9, 2004 Advisory Opinion, concluded that Israel in breach of international law as an occupying power by building its Wall and settlements inside the oPt. 
  • Numerous UN Security council resolutions, including 446, 452, 465, 471 and 476, considered the settlements as having "no legal validity" under the Fourth Geneva Convention.

 

Our Position 

A number of border-related issues will need to be addressed during final status talks to achieve an end in conflict on the basis of the two-state solution, including: 

  • Borders: Israel has no valid claim to any part of the West Bank or Gaza Strip. However, in the interest of peace, we have been willing to discuss minor, equitable, and mutually-agreed territorial exchanges and border modifications should we decide that it is in our interest to do so. 
  • Territorial Link: In order that the West Bank and Gaza Strip function as a single territorial unit, a territorial link connecting the two parts of the State of Palestine is crucial. The link must provide for permanent and unrestricted movement of people, goods and vehicles between the two geographic areas. It should also be able to accommodate the transfer of various resources throughout the State of Palestine (e.g. gas, water, electricity, etc.). A safe passage or transit arrangements allowing such movement under an agreed regime will be necessary until a permanent territorial link is fully operational. Such arrangements also should remain in effect after the territorial link becomes operational as an alternative means of connection between the West Bank and Gaza Strip should the operation of the territorial link be disrupted. 
  • Maritime Boundary Issues: Maritime issues pertain to the coastal areas off the Gaza Strip. Our maritime boundaries would have to be negotiated not only with Israel, but also with other nearby coastal states (notably, Egypt and Cyprus). These talks would have to address issues pertaining to shared resources in various maritime zones. We seek the full array of maritime rights under international law as a coastal state.
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