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Al-Zaytouna Centre for Studies and Consultations

Conference on

Israel and the International Law
Beirut, November 2009

Working Paper

The Human Rights of Children and Women
in the West Bank and Gaza Strip

Curtis F.J. Doebbler

* Curtis F.J. Doebbler is Professor of Law An-Najah National University in Nablus, Palestine; Representative to the UN of Nord Sud XXI in New York and Geneva; and a practicing international human rights lawyer.

Table of Contents


I. Introduction

II. The Context
A. Armed Conflict and Occupation
B. Allegations of Violations against Women
C. Allegations of Violations against Children
D. Allegations of Genocide

III. The Law and Violations of the Human Rights of Women and Children by Israel
1. State and Individual Responsibility
2. The duty of cooperation between states
3. The Right to Self-Determination as a Framework
4. International Humanitarian Law
5. International Human Rights Law
6. The Special Case of Genocide
7. Some Recent Developments

IV. Concluding Remarks

The Human Rights of Children and Women
in the West Bank and Gaza Strip

Here on the slopes of hills, facing the dusk and the cannons of time,
Close to the gardens for splintered shadows,
We do what prisoners do,
And, act as the jobless act,
We cultivate hope.
Under Seige, Mahmoud Darwish  (translated from Arabic by author)

I. Introduction

Children and women are among the most vulnerable to human rights abuses during armed conflict and occupation. As a people under occupation for over sixty years this is particularly true of Palestinian children and women. 

     This paper examines Israel 's treatment of Palestinian children and women in the West Bank and Gaza Strip. It also describes the international law providing for the rights of Palestinian children and women, using selected examples to illustrate the application of the law. The paper begins by briefly describing the context of the situation in Palestine , especially those aspects of the situation in which Palestinian children and women live that have a bearing on the international laws that are applicable.

II. The Context
     The situation of women and children in Palestine is characterized by serious and widespread, reliably attested allegations of violations of fundamental rights. Moreover, many of these violations have lasted over sixty years subjecting generations of Palestinian children and women to inhumane treatment and effectively condemning them to a situation in which they cannot achieve their potential for development. The extended nature of the oppression of the Palestinian people under such terrible conditions is significant evidence that these conditions have been created so as to impose conditions of life on them that are calculated to bring about the physical destruction of the Palestinian people at least in part.

     On 30 September 2009, the United Nations General Assembly adopted yet another resolution on the protection of children and women in armed conflict that “demands that all parties to armed conflict immediately take appropriate measures to protect civilians, including women and children,” especially from sexual violence.  The same resolution, however expressed concern that so little progress has been made to date in addressing this problem. No place on earth has perhaps been such a pointed example of the Security Council’s concern as Palestine where the situation of women and children is frequently cited as among the most sever due to the more than sixty years of oppressive occupation. The irony of the Security Council’s statement is this body’s own failure to take effective action that contributes to ending the occupation.

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in the West Bank and Gaza Strip

The above document is the full text of a working paper presented by prof. Curtis F.J. Doebbler at the Israel and the International Law conference that was held by Al-Zaytouna Centre for Studies and Consultations in Beirut in November 2009. 
Doebbler is Professor of Law An-Najah National University in Nablus, Palestine; Representative to the UN of Nord Sud XXI in New York and Geneva; and a practicing international human rights lawyer.

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