CYIL vol. 13 (2022)

CYIL 13 ȍ2022Ȏ DEVELOPMENT AND CURRENT PERSPECTIVES OF THE ISRAELI PALESTINIAN CONFLICT also applied to small cross-border conflicts involving the use of weapons; however, the extent of the fighting affects the range of norms of international humanitarian law relevant to the conflict. The occupation of the territory of one state by another state is subject to the regime of international humanitarian law, even if the state did not defend itself against the occupying power and war was not declared. However, for the application of international humanitarian law to a state of occupation, it is necessary that this territory previously belonged to another state or that this territory is in dispute. 11 It might be possible to say that large-scale 12 war conflicts between the State of Israel and the surrounding Arab states are no longer taking place at present. The conclusion of several peace agreements between the State of Israel and some of its Arab neighbours, Egypt (1979), Jordan (1994), Bahrain, and the United Arab Emirates (so-called Abraham Accords of 2020), 13 significantly contributed to their termination. In 2021, Sudan showed interest in normalizing relations with the State of Israel, and diplomatic and trade relations between these countries were restored. In the same year, Morocco signed a defence cooperation agreement with Israel. On the contrary, Oman has postponed indefinitely negotiations on the normalization of relations with the State of Israel and has shown no interest in signing the Abraham Accords or a similar agreement. 14 Cross-border missile strikes have recently taken place between Israel and Syria 15 Israel and Lebanon. 16 Civilians are often among the victims. On the contrary, there has been no major shift in the negotiations on the normalization of relations between the State of Israel and Palestine. The State of Israel continues to be present in the West Bank, where it exercises military occupation, which under international humanitarian law should not be of a permanent nature, and the occupying power should not change the status of the occupied territory. The presence of Israeli civilians in the West Bank, their (voluntary or financially motivated) resettlement, construction, and expansion of settlements for civilian purposes is therefore not in accordance with the conduct of an occupying power stipulated by the Fourth Geneva Convention. The fact that the State of Israel does not consider itself an occupying power and does not consider the West Bank an occupied territory is not decisive. Palestine has long sought to fully develop its statehood, such as being admitted as a Member State (the issue of Palestinian statehood has not been addressed under international law, but Palestine was considered as a state only for the purpose of the Statute) to the International Criminal Court 17 and the International Court 11 ONDŘEJ, ŠTURMA, BÍLKOVÁ, JÍLEK, op. cit. sub. 1, pp. 42–44. 12 in comparison with the first Arab Israeli war, resp. War of Independence (1948-1949), the Second Arab Israeli War, also called the Sinai War (1956), the Third Arab Israeli War, resp. the Six Day War (1967), the Fourth Arab Israeli War, also called Exhausting war (1967-1970), the fifth Arab Israeli War, resp. the Yom Kippur War (1973), the First (1982) and the Second (2006) Wars with Lebanon. 13 U. S. Department of State. The Abraham Accords. [online] 2020 [cit. 31.05.2022]. Available at: https://tinyurl. com/2p82tzbn. 14 ISMAIK, H. Why Oman didn’t join the Abraham Accords – Opinion. In: Jerusalem Post . [online] 2022 [cit. 31.05.2022]. Available at: https://tinyurl.com/59te9atb. 15 KHOURY, J. Syria: Israel Fires Missiles on Central Town, Defence System Activated. In: Haaret z [online] 2022 [cit. 31.05.2022]. Available at: https://tinyurl.com/y5urs35y. 16 STAFF, T., FABIAN, E. IDF fires dozens of shells at targets in Lebanon after rocket attack on Israel. In: The Times of Israel . [online] 2022 [cit. 31.05.2022]. Available at: https://tinyurl.com/yckr9xyt. 17 International Criminal Court. State of Palestine. [online] 2021 [cit. 31.05.2022]. Available at: https://tinyurl. com/mrjjz8fh.

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