CYIL vol. 13 (2022)

Veronika D’Evereux CYIL 13 ȍ2022Ȏ of Justice. 18 By law, only states can become contracting parties of these courts. Palestine is also a permanent observer state at the UN General Assembly, 19 so it is no longer just an entity, 20 but a non-member state, although it is not yet possible to speak of a state from the point of view of international law. Palestine, on the other hand, is a Member State of UNESCO. 21 However, under current international law, membership in international organizations or participation in international treaties cannot serve as a substitute for a practical solution to the issue of statehood when another state, even if against international law, prevents the establishment of another state, or full development of the statehood. If Palestine in the future succeeds to fully develops its statehood and becomes a state from the point of view of international law, then in the event of further armed conflicts between Israel and Palestine, it would be possible to speak of an international armed conflict. 2.2 Wars of national liberation National liberation wars originally fell within the national armed conflicts. Additional Protocol I of 1977, however, extended the scope of application of international humanitarian law to situations of wars of national liberation. This type of conflict is characterized by the cumulative fulfilment of several elements. It must be an armed conflict. The parties to this conflict are the nation against colonial rule, foreign occupation, or racist regime. 22 The reason for the fight must be national liberation. Participants in these conflicts have the status of combatants. 23 Foreign occupation may be subject to different legal regimes. There is the situation under Article 1(4) of Additional Protocol I, which applies to a situation when a territory which is not part of any state but has its own population (the case of the Palestinian territories before 1967). Participants in the wars of national liberation and the state are considered equal in such a conflict and therefore have the same opportunity to decide whether they want to be bound by the provisions of Additional Protocol I. A state can express its decision by ratifying or acceding to the Protocol. The Nation can make a unilateral declaration (under Article 96(3) of Additional Protocol I), which must be served on the Depositary, position by the High Contracting Parties. This is linked to the effects of the entry into force of the Convention and the Protocols, the National Liberation Movement will gain equal status to the High Treaties to the parties. 24 18 International Court of Justice. States not parties to the Statute to which the Court might open. [online] 2018 [cit. 31.05.2022]. Available at: https://tinyurl.com/mpe2tpah. 19 United Nations. Status of Palestine in the UN – Non-member observer status. SecGen report. [online] 2011 [cit. 31.05.2022]. Available at: https://tinyurl.com/bddmb78k. 20 United Nations. Enhance of Palestine’s Status at the UN, Position Paper. [online] 2012 [cit. 31.05.2022]. Available at: https://tinyurl.com/mry87rhd. 21 IRISH, J. UNESCO Grants Palestinians full membership. In: Reuters. [online] 2013 [cit. 31.05.2022]. Available at: https://tinyurl.com/yc7e4err. 22 Palestinians often claim to fight against the racist/apartheid regime of the State of Israel. PAPPE, I. Professor Ilan Pappé: Israel has chosen to be a “Racist Apartheid State” with U. S. Support. In: Democracy Now [online] 2014 [cit. 05.06.2022]. Available at: https://tinyurl.com/54pynskr. 23 BÍLKOVÁ, op. cit. sub. 6, p. 31. 24 MRÁZEK, J. Mezinárodní humanitární právo a nestátní aktéři v ozbrojených konfliktech. [International law and non state actors in armed conflicts.] In: BÍLKOVÁ, V. (ed.) Mezinárodní humanitární právo, vznik a nové výzvy. [ International humanitarian law, emergence and new challenges. ] Prague: Charles University in Prague, Factulty of Law, 2015, p. 83.

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