A. Introduction
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The Commission laid out the applicable international legal framework in the Occupied Palestinian Territory and in Israel in its four previous reports and in its terms of reference.1 The Commission reiterates that the Occupied Palestinian Territory, including East Jerusalem and Gaza, and the occupied Syrian Golan are currently under belligerent occupation by Israel, to which international humanitarian law applies concurrently with international human rights law. The Commission applies international humanitarian law to the conflict between Hamas and other Palestinian armed groups in Israel, and notes that international human rights law applies in Israel concurrently.
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The conflict between Hamas military wing and other Palestinian armed groups, on the one hand, and Israel, on the other, constitutes an armed conflict to which international humanitarian law applies. During an armed conflict, international human rights law applies concurrently. A fundamental principle of international law is that unlawful action by one party to an armed conflict does not justify unlawful action by another party. The Commission has previously found that the Israeli occupation of Palestinian territory is unlawful. Palestinians therefore have a right to oppose that unlawful occupation but in doing so they must act in accordance with international law, including international humanitarian law and international human rights law. The unlawfulness of the Israeli occupation does not justify unlawful action by Palestinians in resistance. Equally, unlawful action by Palestinians opposing the occupation does not justify unlawful action by Israel.
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