Prolonged occupation of Palestine by Israel: A violation of occupation law or an abuse of it?

Abstract In their submissions to the International Court of Justice in the context of the Policies and Practices of Israel Advisory Opinion, states assessed the legality of Israel’s prolonged occupation using various legal frameworks, including international humanitarian law. In doing so, some participants in the proceedings appear to have endorsed a doctrinal position suggesting that an occupation may become unlawful under international humanitarian law due to its prolonged character. This article demonstrates that such an interpretation of the law of occupation lacks consensus and does not fully align with the law as it currently stands. Building on this observation, and based on the language deployed by states in their most recent submissions, this article suggests an alternative argument: the protracted character of Israel’s occupation is more accurately framed as an abuse of the law of occupation, rather than a violation of this regime.

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Publication Details

Journal
Leiden Journal of International Law
Published
2026-03-31
DOI
https://doi.org/10.1017/s0922156526100739
Primary Topic
Jewish and Middle Eastern Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Prolonged occupation of Palestine by Israel: A violation of occupation law or an abuse of it?

Kheda Djanaralieva
Leiden Journal of International Law
Jewish and Middle Eastern Studies
article

Prolonged occupation of Palestine by Israel: A violation of occupation law or an abuse of it?

Kheda Djanaralieva
article en

Abstract

Abstract In their submissions to the International Court of Justice in the context of the Policies and Practices of Israel Advisory Opinion, states assessed the legality of Israel’s prolonged occupation using various legal frameworks, including international humanitarian law. In doing so, some participants in the proceedings appear to have endorsed a doctrinal position suggesting that an occupation may become unlawful under international humanitarian law due to its prolonged character. This article demonstrates that such an interpretation of the law of occupation lacks consensus and does not fully align with the law as it currently stands. Building on this observation, and based on the language deployed by states in their most recent submissions, this article suggests an alternative argument: the protracted character of Israel’s occupation is more accurately framed as an abuse of the law of occupation, rather than a violation of this regime.

Leiden Journal of International Law
Université Libre de Bruxelles (BE)
Peace, Justice and strong institutions
Openalex Percentile: Top 39%
Jewish and Middle Eastern Studies
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Prolonged occupation of Palestine by Israel: A violation of occupation law or an abuse of it? — Kheda Djanaralieva · Leiden Journal of International Law (2026) | TGRS Research Map | TGRS