The Occupied Palestinian Territories and the Responsibility to Protect (Part 2)

[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 second of two posts about the situation in the Occupied Palestinian Territories OPT. Part 1 examined the situation in the OPT since October 2023 and reflects about the diplomatic initiatives aiming to end the commission of atrocity crimes and promote a political solution. Part 2 explores 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.

Relevant Legal Frameworks and Responsibility to Protect Basis for Action

Israel, as an occupying power, is bound by the Fourth Geneva Convention (1949) , the Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), 75 UNTS 287, the Hague regulations,  the Charter of the United Nations, and customary international law including the prohibition on the acquisition of territory by force, and the right of peoples to self-determination, as explicitly recognized in the UN Charter (Article 1 Para.2), as well as in Article 1, common to both the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESR).

While not a State Party to the Rome Statute of the International Criminal Court, Israel has ratified the Convention on the Prevention and Punishment of the Crimes of Genocide. Israel is also party to several international human rights instruments including the  Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (CAT), the International Covenant on Civil and Political Rights ICCPR, the International Covenant on Economic, Social and Cultural Rights (ICESR) the Convention on the Elimination of All Forms of Discrimination against Women CEDAW the International Convention on the Elimination of All Forms of Racial Discrimination CERD, the Convention on the Rights of the Child CRC and the Convention on the Rights of Persons with Disabilities CRPD.

In January 2024, the ICJ issued binding provisional measures requiring Israel, in accordance with its obligations under the Genocide Convention and in relation to Palestinians in Gaza, to “take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention and to prevent and punish direct and public incitement to commit genocide.”

Accordingly, Israel has obligations to comply with international law including ending its unlawful presence in the OPT and, in the interim, to take steps to prevent and refrain from targeting civilians or launching indiscriminate or disproportionate attacks; mass arbitrary detention, torture and ill-treatment; the use of starvation as a method of warfare including through closures, blockades and sieges; the unlawful transfer of Palestinians within the OPT or their unlawful deportation outside the OPT; as well as the targeting and destruction of civilian objects including infrastructure necessary for the survival of the civilian population.

Non-State armed actors, such as Hamas armed wing, also bear responsibility under international humanitarian law, including refraining from attacks against civilians, using civilian infrastructure for military purposes or to shield military objectives from attack, and perpetrating acts that may constitute atrocity crimes, such as hostage-taking, directing attacks against civilians, and indiscriminate attacks.

While the primary Responsibility to Protect a population against genocide, war crimes, ethnic cleansing and crimes against humanity lies with the State, when a State is manifestly failing to do so, and atrocity crimes are occurring or imminent, the international community, through the United Nations, regional mechanisms, and/or individual Member States, has the responsibility to take collective and individual action using appropriate diplomatic, humanitarian, legal, and other peaceful means, and, if necessary, coercive measures in conformity with the UN Charter.

In the OPT, all risk factors for atrocity crimes listed in the UN Framework of Analysis for Atrocity Crimes are present and acute. Member States, and the international community, have the responsibility to halt ongoing and prevent the commission of further atrocity crimes.

Pathways for Action

The Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, recommended to all member states: (a) Comply with all international law obligations, including the advisory opinion of the International Court of Justice of July 2024, the Geneva Conventions of 12 August 1949 and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; (b) Act immediately on obligations to prevent and punish genocide under the Convention on the Prevention and Punishment of the Crime of Genocide; (c) Cease aiding or assisting in the commission of violations of international law, including by reviewing all relationships with Israel, such as trade, aid and assistance and arms transfers, and ending direct and indirect financial support for illegal settlements, including through tax-deductible donations; (d) Conduct investigations under domestic law or universal jurisdiction to hold accountable the perpetrators of crimes under international law, grave human rights violations and abuses in Israel and the Occupied Palestinian Territory, including those identified in the present report, including through criminal prosecutions and sanctions.

The first priorities are to stop/eliminate the risk of atrocity crimes, to protect populations and to create conditions for a political process aligned with International Law that shall lead to the permanent cessation of violence, a sustainable peace agreement and the beginning of a post-conflict period respecting both sovereignty of the state of Israel and the state of Palestine.

The Responsibility to Protect commitment (para 138, 139) provides a useful framework for action. Prevention and protection must be integrated in each step leading to a durable peaceful settlement, including addressing specific forms of violence and experiences of women, girls, men and boys, the elderly, persons with disabilities and other groups as well as minorities such as the Bedouin community.

This can and should be done through multiple pathways.

First, collective action should be undertaken under the United Nations framework, either through the Security Council or, when necessary, through the General Assembly’s powers under resolution 377(V) “uniting for peace”. In reaction to the persistent paralysis of the Security Council with regard to the OPT, due in particular to the use of the veto, the General Assembly has already resorted to this procedure on multiple occasions. Most recently, in June 2025, it convened an emergency special session under resolution 377(V) in response to escalating violence in the Gaza Strip and the rest of the OPT, calling for an immediate, unconditional and permanent ceasefire; the immediate, dignified and unconditional release of all hostages held by Hamas and other groups; the resumption of humanitarian aid; and the implementation of all provisions of Security Council resolution 2735 (2024) of 10 June 2024.

It should be recalled that Member States of the Security Council should refrain from using the veto in situations involving atrocity crimes—genocide, war crimes, ethnic cleansing or crimes against humanity. The General Assembly, for its part, should continue actively considering the use of its “uniting for peace” mandate, in line with the ICJ Advisory Opinions of 2024 and 2025, the findings of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, and the principle of the responsibility to protect, with a view to recommending additional prevention and protection measures.

Importantly, where the Security Council is blocked, the General Assembly can also recommend the deployment of an internation al protection system by the United Nations as suggested in the letter by the UNSG dated 21 July 2014. Such a recommendation could help legitimize and mobilize a coalition of willing States to protect Palestinian civilians, facilitate humanitarian aid delivery and monitor compliance with ICJ rulings. While a General Assembly resolution invoking both the responsibility to protect and the “Uniting for Peace” mechanism does not carry binding force, it would nonetheless provide significant political legitimacy for States prepared to act.

Second, Member States have both the right and responsibility to take lawful measures, individually, collectively including through coalitions, regional mechanisms and other appropriate arrangements, to protect populations from atrocity crimes in Gaza and across the whole of OPT in accordance with the UN Charter and international law, using diplomatic, economic, legal and protective measures to prevent further atrocities and protect civilians. In situations involving atrocity crimes ( genocide, war crimes,  ethnic cleansing and crimes against humanity ) States also bear specific legal obligations under international law, including the duty to prevent genocide and to ensure respect for the Geneva Conventions.

Recommended Measures in Line with the Responsibility to Protect, Prevention and Protection

A coherent international response requires a sequenced and mutually reinforcing approach. In the immediate term, the overriding priority is to protect populations at acute risk of atrocity crimes. This begins with an internationally supported and independently verified monitoring of the ceasefire, of the opening of all crossings and sustained operation for humanitarian assistance commensurate with civilian needs. States must ensure that the  provisional measures ordered by the International Court of Justice, as well as the ICJ’s advisory opinions, are implemented without delay. 

In circumstances where the Security Council remains paralyzed, Member States should consider invoking resolution 377A (“Uniting for Peace”) to enable the deployment of a non-coercive international protection or interposition mission, grounded in existing UN resolutions in line with the International Law , with  UN resolutions notably the 242 (1967) and other relevant agreements and UN opinions and reports.

In parallel, and in situations where the ceasefire is violated or political progress stalls, external pressure will be necessary to induce compliance with international law. States should be prepared to impose targeted sanctions—including travel bans and asset freezes—on individuals and groups implicated in atrocity crimes, incitement to genocide, illegal annexation or settlement activity. They should also suspend economic and military support to parties responsible for grave breaches of IHL and IHRL, including through arms embargoes and the withholding of weapons transfers, and complement these measures with calibrated trade and financial restrictions. Equally important is the need to counter hate speech and narratives that promote annexation or legitimize settlement expansion, and to condemn any efforts by third States to undermine the ICC, ICJ or UN human rights mechanisms.

Immediate protection also requires ensuring safe access for journalists operating in Gaza, supporting fact-finding missions, and cooperating fully with international investigative and judicial bodies, including the ICC. States should exercise universal jurisdiction where appropriate to investigate and prosecute serious international crimes committed in the OPT. In addition, they must oppose any plans or pressures aimed at the forced displacement of Palestinians—whether within the OPT or to third countries—upholding the absolute prohibition of forcible transfer and safeguarding Palestinians’ rights to remain in, return to, and reside in their homeland. Special protection measures should also be developed for women and girls, children, older persons, persons with disabilities, the sick and all those with increased vulnerability to human rights violations.

While such immediate measures are indispensable, they cannot by themselves address the structural conditions that have enabled recurrent cycles of violence. Mid- and long-term efforts must therefore focus on creating the political, institutional and societal foundations for peaceful coexistence between Israelis and Palestinians. This entails the resumption of credible and inclusive peace talks under broad international auspices, building on earlier agreements and addressing the political, security, economic, social and humanitarian dimensions of the conflict. These processes should integrate accountability, transitional justice and, where possible, reconciliation initiatives and trauma healing programs. Central to any sustainable outcome is full compliance by all parties with their international obligations, including Israel’s obligation to end its unlawful presence in the OPT, halt all new settlement activities and evacuate settlers from the territory, thereby enabling the realization of the Palestinian people’s right to self-determination.

To sustain progress, States should support the establishment of credible and independent monitoring mechanisms capable of overseeing the ongoing implementation of international human rights and humanitarian law, and of advising on inclusive prevention and protection measures. Collaboration with civil society—particularly ensuring the meaningful participation of women—will be essential in supporting peace efforts and monitoring their implementation. At the same time, an independent international investigative mechanism is needed to examine all violations committed by all parties, compile case files on individual criminal responsibility and assist domestic, hybrid or international tribunals.

Beyond accountability, longer-term peacebuilding requires investment in holistic, participatory transitional justice processes that respond to the material and non-material needs of victims, survivors and affected communities, and that reduce the risk of recurrence. Prevention and civilian protection must also be integrated into security-sector reform, including through early-warning mechanisms, community-based policing and disarmament strategies. These efforts should be complemented by participatory initiatives that allow communities to define the principles and structures of peaceful coexistence in accordance with international standards, as well as by sustained support for post-trauma recovery, social healing, and conflict-transformation programs.