The Occupied Palestinian Territories and the Responsibility to Protect (Part 1)

[Mô Bleeker is a Senior Fellow at The Geneva Academy of International Humanitarian Law and Human Rights, Geneva, and Special Advisor of the UNSG on the Responsibility to Protect .She served as Special Envoy for Dealing with the Past and Prevention of Atrocities at the Swiss Federal Department of Foreign Affairs.]

The opinions shared in this article are solely those of the author and do not necessarily reflect the views of the United Nations.

This is the first of two posts about the situation in the Occupied Palestinian Territories (OPT). Part 1 examines the situation in the OPT since October 2023 and reflects on the diplomatic initiatives aiming to end the commission of atrocity crimes and promote a political solution. Part 2 will explore the relevant legal frameworks from the perspective of the Responsibility to Protect and outlines a series of prevention and protection measures that can be deployed by States, regional entities and at multilateral level aligned with the responsibility to protect.

Introduction

On 7 October 2023, Hamas and other armed groups present in the Gaza Strip carried out attacks in Israel, killing more than 1,200 people, injuring thousands and abducting 251, some of whom continued to be held hostage for more than two years.

Following these attacks, Israel launched a large-scale military operation in the Gaza Strip, by land, air and sea, which has caused tens of thousands of civilian deaths, widespread destruction of civilian infrastructure and the repeated displacement of the civilian population in the Gaza Strip.

Furthermore, Israel has substantially restricted — and for significant periods of time, including between 2 March and 18 May 2025, completely prevented — the entry of aid (including food and water) into the Gaza Strip and its distribution to the Palestinian population, with catastrophic consequences for this population, including a man-made famine.

The United Nations also reported numerous attacks on school buildings and healthcare facilities in the Gaza Strip operated by the United Nations and others, including school buildings that had been directly hit. The Secretary-General of the United Nations has stated that between 7 October 2023 and 20 August 2025 at least 531 aid workers, including hundreds of UN personnel, have been killed in the Gaza Strip.

Since 7 October 2023 to the time of writing (late November 2025) at least almost 70,000 Palestinians 68’159 Palestinians have been reportedly killed and over 170’745 injured in Gaza as a direct result of Israel’s chosen methods and means of conducting its military operations showing patterns of systematic violations of the principles of distinction, proportionality and precaution.

Since October 2023, Israel’s pressure on West Bank Palestinians has increased sharply, including East Jerusalem where Israel has been actively involved in efforts to consolidate and extend its de facto annexation, through violent attacks from settlers emptying large parts of this territory of Palestinian communities and transferring part of its own civilian population into this territory, in violation of international humanitarian law and relevant UN resolutions. Palestinians also continue to be subjected to systemic discrimination, violence and other forms of oppression by Israel, including restrictions on, or denial of freedom of movement within the West Bank, and restrictions on their access to economic opportunities, basic services, and natural resources. Beyond highlighting the risk factors for atrocity crimes outlined in the UN Framework of Analysis, Israel’s widespread and systematic implementation of such policies against Palestinian civilians violate international humanitarian law and international human rights law, including Article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination, which requires States Parties to prevent, prohibit and eradicate racial segregation and apartheid in territories under their jurisdiction.

Multiple diplomatic efforts have been undertaken by Member States to stop the violations of IHL and IHRL including those that may amount to atrocity crimes (genocide, war crimes, ethnic cleansing and crimes against humanity) in the OPT and to support a political solution, in line with the United Nations Charter and the principle of the responsibility to protect. Civil society worldwide has also mobilized to stop atrocities in Gaza and support a lasting political solution. Despite this, violations of IHL and IHRL continue unabated, and the risk of renewed atrocity crimes remains high.

On October 9th, 2025, a preliminary ceasefire agreement was agreed by both the Israel government and Hamas. On November 24, the UNSC approved the resolution 2803/2025 referring to the “Comprehensive Plan to End the Gaza Conflict” that outlines steps toward a “lasting peace,” though key provisions — including humanitarian access — . While critics about this resolution and peace plan were expressed, several UN reports indicate that this agreement has been repeatedly violated by Israel. 

On October 20, 2025, the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Francesca Albanese, presented her report stating that “The genocide in Gaza was not committed in isolation, but as part of a system of global complicity…” (full quotation retained in the original document). Her report concludes by underscoring States’ obligations not to participate in or be complicit in violations, and to prevent and address serious breaches of international law, urging States to cause no further harm to the Palestinian people.

The Imperative Need for Action to Ensure the Sustainability of the Ceasefire and the Realization of a Full-Fledged Peace Process

A peace process can only become sustainable when it is grounded in international law and – in this case –when it upholds the human rights of all people in the Occupied Palestinian Territory (OPT) and in Israel. It shall entail the full recognition of Palestinian sovereignty and bring an end to Israel’s unlawful occupation. The two-state solution is the basis on which any sustainable solution can be built.

During two years, the lack of effective actions to stop the violations of IHL and IHRL including those that may amount to atrocity crimes (genocide, war crimes, ethnic cleansing and crimes against humanity) in the OPT, including in Gaza constitutes a grave challenge to the international legal order. It furthermore poses a dangerous threat to the rules-based international order established following the end of World War II and to the principles of the United Nations Charter.

The signed ceasefire could offer a unique window of opportunity for a long-term political process if it is also supported by the UN and if all member states fulfill their international obligations consistently with the UN Charter and international law.

There shall be no other Israel–Palestine war in the future. This situation cannot be permitted to continue and must be ended. The precedent for collective action exists. The legal basis is indisputable, and the political response must be commensurate with moral obligation.

The tools to stop the ongoing commission of atrocity crimes and violations of international law, to halt the suffering, protect civilians and prevent further violations in Gaza and in the other parts of the OPT are available to every Member State, acting either collectively through the United Nations, in regional or other coalitions, or individually consistent with the United Nations Charter.

Of utmost urgency, States must act immediately, using all available means consistent with their international legal obligations and the United Nations Charter. This requires halting the serious violations of international humanitarian and human rights law occurring in the Occupied Palestinian Territory—violations that may amount to atrocity crimes—and preventing their recurrence. It also entails supporting and closely monitoring the ceasefire in Gaza, protecting civilians, ending the unlawful blockade, and ensuring immediate, unrestricted humanitarian access in line with civilian needs.

States should also demand an immediate end to unlawful annexation and settler violence in the West Bank and East Jerusalem, while ensuring accountability for violations of IHL, IHRL and other crimes under international law, and providing remedies to victims. They must also ensure compliance with the relevant ICJ advisory opinions, the findings of the Independent International Commission of Inquiry, the recommendations of the Special Rapporteur on the situation of human rights in the occupied Palestinian territory, and the  different resolutions  by the General Assembly resolution calling for an end to Israel’s unlawful presence in the OPT, notably the resolution approved by the UNGA on December 2, 2025. Only through a full compliance and support for a political process grounded in the Palestinian right to self-determination can an enduring peace based on justice, coexistence, security and development for both peoples be achieved.

Building Further on and Strengthening the Recent Diplomatic Initiatives Towards Ending the Commission of Atrocity Crimes Towards the Two-State Solution

UNGA resolution A/RES/ES-10/24 (2024) references the Advisory Opinion of the International Court of Justice (ICJ) on the legal consequences of Israel’s policies and practices in the Occupied Palestinian Territory (OPT), including East Jerusalem and affirms the illegality of Israel’s continued presence in the OPT and sets out recommendations for action by Member States.

Pursuant to this resolution, the Secretary-General issued a report on 19.12.2024, that outlines economic, political, and legal measures that Member States can undertake in response to the legal findings of the Court with the view to end the unlawful occupation by Israel of the Palestinian territory since 1967—which includes the West Bank, East Jerusalem, and the Gaza Strip—and to support Palestinian rights and sovereignty, as outlined in the Advisory Opinion of the ICJ.

On July 16th 2025, the Hague Group convened over thirty States in Bogota to strengthen international coordination and advance collective obligations regarding the situation in the OPT, including East Jerusalem.

From 28 to 30 July 2025, the High Level International Conference on the Two State Solution convened at the UN Headquarters in New York and adopted the “New York Declaration,” calling for a permanent ceasefire in Gaza and outlining a comprehensive framework for advancing the two-State solution consistent with the UN Charter.

On 8 August 2025, the UN Secretary-General expressed grave alarm at a decision of the Israeli Government to “take control of Gaza City, describing it as a dangerous escalation likely to worsen humanitarian conditions and further endanger civilian lives and the remaining hostages. He reiterated the need for a permanent ceasefire, unimpeded humanitarian access and the immediate and unconditional release of all hostages, and recalled the ICJ Advisory Opinion of 19 July 2024 on the obligations of the State of Israel to end settlement activities, evacuate settlers, and end its unlawful presence in the OPT. He concluded that “there will be no sustainable solution to this conflict without an end to this unlawful occupation and the achievement of a viable two-State solution. Gaza is and must remain an integral part of a Palestinian State.”

On September 14, 2025, the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel presented its fourth report to the UN General Assembly finding that “the State of Israel is responsible for the commission of genocide against the Palestinians in Gaza” and that “the acts of the officials, as agents of the State of Israel, were attributable to the State of Israel and Israel was therefore responsible under article III (c) of the Genocide Convention for its officials’ direct and public incitement to commit genocide against Palestinians in Gaza.” It further found that “Israeli policies and actions implemented since October 2023 in the West Bank demonstrate clear intent to forcibly transfer Palestinians,” expand Israeli civilian presence, annex the territory, and prevent Palestinian self-determination and statehood. The report makes recommendations to the State of Israel and the Palestinian authorities and to Member States, notably to prevent and punish genocide, cease assistance contributing to violations, including arms transfers or financial support to settlements, and undertake investigations under domestic or universal jurisdiction into international crimes committed in the OPT

On 16 September 2025, the same commission presented its legal analysis of the conduct of Israel in Gaza pursuant to the Convention on the Prevention and Punishment of the Crime of Genocide

On October 22, 2025, the ICJ issued its advisory opinion about the “Obligations of Israel in relation to the Presence and Activities of the United Nations, Other International Organizations and Third States in and in relation to the Occupied Palestinian Territory”. The Court recalls that

“the obligations of Israel, and of all other Member States, to co-operate with the United Nations with respect to the question of Palestine are of paramount importance given the critical situation on the ground, in which the United Nations, together with other actors, plays a crucial role in delivering and coordinating humanitarian aid and development assistance to the Occupied Palestinian Territory, in particular through UNRWA in the Gaza Strip.”

It also recalls that

“as an occupying Power, Israel must refrain from extending its domestic laws to the occupied territory in any manner inconsistent with its obligation not to impede the Palestinian people from exercising their right to self–determination, including their right to territorial integrity over the entirety of the Occupied Palestinian Territory.”