Israel;s Right to Occupy Palestinian Terrotory

[Keith Broaders]

[Keith Broaders]

No, the United Nations does not recognize Israel's right to occupy the Gaza Strip, West Bank, or Golan Heights. Instead, the UN consistently describes these territories as occupied under international law, deems Israel's presence unlawful, and demands its withdrawal through numerous Security Council, General Assembly, and Human Rights Council resolutions. This stance is rooted in the Fourth Geneva Convention, which prohibits the acquisition of territory by force and the transfer of an occupying power's population into occupied areas.

Key UN Positions by Territory

• Gaza Strip: The UN views Gaza as occupied territory despite Israel's 2005 disengagement, due to Israel's ongoing control over its airspace, coastline, borders, and access to aid. Resolutions call for Israel to end blockades, cease military operations, and allow unrestricted humanitarian access. For instance, UN General Assembly Resolution ES-10/21 (2024) demands an immediate ceasefire and the lifting of all restrictions on aid.
• West Bank (including East Jerusalem): The UN classifies the West Bank as occupied Palestinian territory, with Israeli settlements deemed illegal and an obstacle to peace. Resolutions require Israel to halt settlement expansion, dismantle parts of the separation barrier, and withdraw forces. UN Security Council Resolution 2334 (2016) reaffirmed that settlements have "no legal validity" and constitute a "flagrant violation" of international law.
• Golan Heights: Captured from Syria in 1967 and annexed by Israel in 1981, the UN declares the annexation "null and void" and without legal effect. It remains Syrian territory under occupation, with demands for full Israeli withdrawal. UN Security Council Resolution 497 (1981) explicitly states this, a position reiterated in annual General Assembly resolutions.

Broader UN Framework

The International Court of Justice (ICJ), whose advisory opinions the UN often endorses, ruled in July 2024 that Israel's occupation of Palestinian territories (West Bank, East Jerusalem, and Gaza) is unlawful and must end "as rapidly as possible," including evacuating settlers and ceasing new settlement activities. The UN General Assembly adopted this opinion in September 2024 (Resolution A/79/L.26) with 124 votes in favor, demanding Israel's compliance and urging states not to recognize the occupation as lawful.

These positions reflect a consensus among UN bodies that the occupations violate the UN Charter's prohibition on territorial conquest and undermine a two-state solution. While General Assembly resolutions are non-binding, Security Council ones (like 242, 446, and 2334) carry legal weight and have been adopted with broad support, often vetoed only by the US on Israel's behalf in recent Gaza-related votes. Israel disputes the "occupied" label, calling territories "disputed" and citing security needs, but this view is not endorsed by the UN or most member states.