What are the “Occupied Palestinian Territories” (OPT), and why are Israeli settlements there illegal? Legal answers to these questions are surprisingly elusive; comparative analysis of Israeli and Palestinian claims in the West Bank reveals competing bases for legal title.
On Tuesday 8 August 2023, the Australian government announced that it will refer to the West Bank and Gaza as “Occupied Palestinian Territories” (OPT) and to Israeli civilian residences there as “illegal settlements.” This Australian government position conforms to the position taken by a majority of UN members. It was condemned by Australia’s Jewish community and triggered controversy in the mainstream press.
Which lands occupied by Israel are regarded in the UN as OPT? For most countries in Europe and in the Americas, the OPT are the “West Bank” including East Jerusalem, areas which they consider central to Palestinian self-determination through statehood. This position was affirmed for the UN in a 2021 judgement of the International Criminal Court citing UN resolutions as authority for the “right of the Palestinian people to self-determination and to independence in their State of Palestine on the Palestinian territory occupied since 1967.” The Court’s circular reasoning affirmed UN political resolutions as legal rules for UN judiciary.
Although most consider Jerusalem as OPT, a substantial number of international lawyers in European and American countries assert that Jerusalem should be under international administration, as recommended in several General Assembly Resolutions. This would secure more assurance for churches’ retention of control over their properties in the Jerusalem Holy Basin. Concerning Gaza, the better argued legal view is that Gaza is no longer occupied. Israel evacuated its military forces and civilians in 2005. At present, Gaza is self-governed, and Egypt has a land border with Gaza that is beyond Israeli control.
Read the article by Professor Gregory Rose on Australian Outlook.