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Under international law, occupation is meant to be temporary and occupying powers cannot be sovereign in the territory they occupy. In contrast, since 1967 Israel has systematically altered the status of the OPT with the aim of annexing it, de facto or de jure. During this time, though the UN has focused on documenting the legality of a range of individual violations of international law by the occupying power, scant attention has been paid by the Organization to the legality of the occupation regime as a whole. Emphasis has instead been placed on encouraging the parties to bring the occupation to an end through continued, though widely discredited, bilateral negotiations. By what rationale can it be said that Israels occupation remains either legal or legitimate in the absence of good faith on its part in negotiating the occupation’s end? How can its end reasonably be made contingent on negotiations between occupier and occupied? This chapter argues that the UN’s failure to take a more principled position on the very legality of Israel’s half-century ‘temporary’ occupation of the self-determination unit of the Palestinian people is demonstrative of the maintenance of Palestine’s legal subalternity in the UN system, under a different guise.
The postscript concludes with a discussion of General Assembly resolution 77/246 of 30 December 2022, passed while this book was entering production. The resolution requests the International Court of Justice for an advisory opinion on the legal status of Israel’s continued presence in the Occupied Palestinian Territory in line with the research presented in Chapter 5. As the opinion of the Court is to be given after the publication of the book, this update looks to this recent development as the latest attempt by Palestine to resort to the counter-hegemonic potential of international law with results as yet unknown
The Gaza Strip lives in a protracted emergency crisis and experienced several Israeli escalations. These escalations have overwhelmed the hospitals and highlighted the need to optimize Primary Health Care Centers (PHCCs) to form part of the emergency response system. This study, therefore, aimed to assess the emergency preparedness of the Ministry of Health (MoH)-run level-four PHCCs in the Gaza Strip (where Emergency Medical Services are provided along with preventive and curative services).
Methods:
The study was cross-sectional, used quantitative methods, and utilized two tools. The first tool was a self-administered structured questionnaire exploring Primary Care Providers’ ([PCPs]; doctors and nurses) experiences, perceived capabilities, and training needs. The second tool was an observational checklist used to assess the preparedness of the emergency rooms (ERs) at level-four PHCCs in the Gaza Strip.
Results:
Two hundred and thirty-eight PCPs (34.5% doctors and 65.5% nurses) working in 16 level-four PHCCs were included. Overall, 64.4% of the participants had experience working in PHCCs during Israeli escalations, though 35.3% of them were unaware of the contingency plan (CP) of PHCCs. More nurses were aware of CPs than doctors (66.9% versus 42.7%; P <.001). Moreover, 65.7%, 46.7%, and 42.5% of the participants were trained in Basic Life Support (BLS), Advanced Cardiac Life Support (ACLS), and Primary Trauma Care (PTC), respectively. However, many had received the training for more than two years, and none of the PHCCs had all its staff trained. Only 36.8% of the participants were trained in Post-Trauma/Post-Operative Care (wound care and dressing), and the percentage of trained nurses was significantly higher than those of doctors (36.8% versus 13.9%; P <.001). The majority of the participants admitted they need ACLS training (89.2%), PTC training (89%), BLS training (81.1%), and Post-Trauma/Post-Operative Care training (76.8%). Only 29.63% of emergency drugs and 37.5% of the equipment and disposables were available in the ERs of all PHCCs, and none of the PHCCs had all the essential emergency drugs, equipment, and disposables available.
Conclusion:
Level-four PHCCs in the Gaza Strip are not adequately prepared to respond to emergencies. Generally, PCPs lack appropriate competencies for emergency response, and many PHCCs lack the infrastructure to support Primary Emergency Care (PEC). Thus, PCPs need continuous education and training in disaster preparedness and response and PEC.
Businesses have increasingly recognized their responsibility to respect human rights in their operations. This has been in part guided by international initiatives, such as the United Nations Guiding Principles on Business and Human Rights, as well as guidance and regulations from states. Although these measures recognize risks associated with conflict-affected areas, contexts of occupation present unique concerns. These issues become even more complex when states send mixed messages to businesses. This is most evident when examining the discourse on and regulation of business operations linked to Israel’s prolonged occupation of Palestinian territory, especially those with operations and relationships related to ‘security’. This article seeks to highlight the frequent disregard of human rights responsibilities and obligations by states and businesses related to the occupied Palestinian territory and population, which has created a gap in accountability that civil society has attempted to address.
Concerns about lying and sincerity in politics are common in most societies, as are concerns about conspiracy theories. But in the occupied Palestinian territory, these concerns give rise to particular kinds of effects because of the conditions of Israeli occupation. Political theorists often interpret opacity claims and conspiracy theories as responses to social disorder. In occupied Palestine, disorder and instability are standard. Opacity claims and conspiracy theories therefore require a different kind of analysis. Through an examination of the semiotic ideology of sincerity, especially as it has emerged in the conflict between Fatah and Hamas, this article argues that opacity claims act as a form of nationalist pedagogy, at once reinforcing the basic principles of sincerity of action and word, and encouraging a wariness of political spin.
While international humanitarian law envisages the possibility of holding formal thematic discussions, only United Nations General Assembly resolutions prompted the depositary of the Geneva Conventions to consult the High Contracting Parties on the opportuneness of conflict-specific conferences. Recalling the precedents of 1999 and 2001 – convened on the basis of the support expressed by the States Parties during related consultations – this article focuses on the Conference of High Contracting Parties to the Fourth Geneva Convention of 17 December 2014, which is likewise related to the Israeli–Palestinian conflict. The result of the conference consists of a declaration reflecting the willingness of the States Parties to further implement Article 1 common to the four Geneva Conventions.
The latest developments in the Middle East region are of great concern to the International Committee of the Red Cross (ICRC). The current level of violence, displacement and destruction in and around Syria is unprecedented in a region that has already suffered conflict and instability for most of its modern history. According to recent figures released by the United Nations (UN), over 100,000 people have died from the fighting in Syria; more than six million have been forced to flee their homes, including two million who have found refuge in neighbouring countries. This is putting an immense strain on host communities and governments.
To assess anaemia prevalence and correlated social and biological determinants among pregnant women in the Occupied Palestinian Territory (oPt).
Design
A cross-sectional survey conducted among pregnant women attending/accessing UNRWA (United Nations Relief and Works Agency for Palestine Refugees in the Near East) health centres in the Gaza Strip and the West Bank in September and October 2006.
Setting
Fifty-five UNRWA health centres in the oPt (eighteen in the Gaza Strip and thirty-seven in the West Bank).
Subjects
A random sample of 1740 pregnant women.
Results
Overall anaemia prevalence was 38·6 % (95 % CI 36·3, 40·9 %). A substantial difference in anaemia prevalence was observed between the Gaza Strip and the West Bank (44·9 % v. 31·1 %, respectively), as well as a significant increase in anaemia prevalence in the Gaza Strip compared with an Agency-wide survey conducted in 2004 (44·9 % v. 35·7 %, respectively). Anaemia prevalence was found to increase with age, parity and trimester of gestation.
Conclusions
Anaemia still appears to be a public health problem among pregnant women in spite of UNRWA interventions. The West Bank shows prevalence rates similar to those observed in neighbouring countries, while the Gaza Strip has higher rates. Prevalence rates of anaemia among pregnant Palestinian women are more than two times higher than those observed in Europe.
This article appraises the impact of the Advisory Opinion of 7 July 2004 on the development of self-determination as a legal principle. The plight of the Palestinians being widely understood as a textbook self-determination struggle, the Court had to address the issue in its examination of the case at hand. Self-determination left an indelible mark upon the Opinion, from the decision to allow Palestine to participate, through the use of the principle as applicable law, to the elucidation of the violations and the erga omnes character of the obligations breached. The article examines the Court's positions, which, however sparsely elaborated, may have serious repercussions on the understanding of the principle and on its handling in future judicial proceedings.
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