Reparation for Civilians Living in the Occupied Palestinian Territory (OPT): Opportunities and Constraints under International Law

Published: 
May 2010

A prominent issue in contemporary international law and policy involves civilians living in the Occupied Palestinian Territory (“OPT”)1 who wish to seek reparation for damage allegedly sustained as a result of Israel’s activities vis-à-vis the OPT, whether in the course of belligerent occupation or armed conflict. This policy brief provides humanitarian practitioners with a basic understanding of the legal framework applicable to that issue. Given the sensitive nature of the topic it examines, this policy brief aims to equip readers with the conceptual tools necessary to understand the various arguments from different viewpoints. The main question to be addressed is whether in the above-outlined context a victim of a violation of international law has a right to compensation. This paper does not take any position as to whether Israel has, or has not, violated international law in any of the instances discussed. Nor does the paper address whether individual persons acting on behalf of the State of Israel may be held criminally liable for their acts. Also outside the scope of this paper is the situation of Israeli civilians having suffered damage as a result of the situation. 

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