A Legal Perspective on Israel’s Violations of the Fourth Geneva Convention in the OPT: Customary International Law and Jurisprudential Insights

Abstract

The Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 12 August 1949 (the Fourth Geneva Convention) provides the principal legal framework for the protection of civilians in under the military occupation. This paper argues that Israel’s conduct in the Occupied Palestinian Territories (OPT), particularly in relation to settlement expansion, home demolitions, and military operations, especially in Gaza post-October 7, 2023, constitutes a sustained pattern of grave breaches of the Convention and international humanitarian law (IHL). Drawing upon interpretations by the International Court of Justice (ICJ), UN bodies, and state practice, the study analyzes Israel’s legal justifications in light of established jurisprudence and treaty obligations, by also dwelling on the Israeli’s arguments and Israeli’s Supreme Court verdicts. It contends that these actions engage peremptory norms (jus cogens), thereby bringing obligations forward under international law. The article concludes that Israel’s prolonged and defiant violations of the Fourth Geneva Convention have persisted without meaningful accountability, undermining the integrity of international law and prolonging civilian suffering. To address this impunity, the study advocates for a coordinated response involving civil society, legal institutions, and academia, through strategic litigation, documentation, awareness campaigns, and scholarly research. Also, such a multi-faceted approach is essential to activating legal mechanisms and compelling state action.