HUMAN RIGHTS UNDER PROLONGED OCCUPATION: CONDITIONAL ERGA OMNES TRUSTEESHIP AS A LEGAL PATHWAY TO PALESTINIAN SELF-DETERMINATION UNDER INTERNATIONAL LAW

This article examines the legal status of Israel’s prolonged occupation of the Occupied Palestinian Territory and the human rights entitlements of the Palestinian population under public international law. It addresses two questions: how international human rights law, international humanitarian law, and International Court of Justice (ICJ) jurisprudence characterise the occupation and Palestinian rights; and which existing or innovative legal pathways might realistically advance Palestinian self-determination in accordance with universal justice and the rule of law. Employing doctrinal legal research, the article analyses primary sources including the Charter of the United Nations, the Universal Declaration of Human Rights, the 1966 International Covenants, the Hague Regulations, the Fourth Geneva Convention, relevant United Nations resolutions, and ICJ jurisprudence, supported by peer-reviewed scholarship and competing doctrinal arguments. The analysis finds that the international legal framework provides a substantial basis for Palestinian self-determination and identifies significant consequences arising from Israel’s unlawful continued presence, including duties concerning cessation, non-recognition, non-assistance, and reparation. The article also distinguishes the established judicial finding of unlawful racial discrimination from the contested characterisation of apartheid and examines Israel’s security and self-defence arguments. Existing enforcement pathways remain constrained by institutional deadlock, political discretion, and State cooperation. To address this enforcement gap, the article proposes a Conditional Erga Omnes Trusteeship, drawing upon the Charter’s Trusteeship System, Uniting for Peace, UNMIK, and UNTAET. It concludes that carefully constrained and time-bound institutional coordination could provide a credible supplementary pathway for translating recognised legal obligations into practical conditions for Palestinian self-determination.