Wondering why Palestinian territories are considered occupied? We answer this question in this article.
For decades, the word "occupation" has repeatedly surfaced in discussions surrounding the Israeli-Palestinian conflict. But what does it really mean, and why are Palestinian territories considered occupied under international law? This article sheds light on the legal, historical, and human foundations of this concept, while highlighting cultural resistance through strong symbols such as the Palestinian keffiyeh, the Palestinian flag, or Palestinian jewelry.
1. What is an occupied territory under international law?
An occupied territory is a territory placed under the military control of a foreign power, without that power having sovereignty over it. This definition is clearly established by the 1907 Hague Convention and the 1949 Fourth Geneva Convention, which are foundational texts in international humanitarian law.
Since the Six-Day War in 1967, Israel has taken military control of several areas: the West Bank, East Jerusalem, and the Gaza Strip. Even though Israel unilaterally withdrew its troops and settlements from Gaza in 2005, the international community — including the United Nations and the International Committee of the Red Cross (ICRC) — continues to consider these three areas as occupied Palestinian territories.
This occupation entails severe restrictions for the Palestinian population: military checkpoints, colonization, land confiscation, home demolitions, arbitrary arrests, etc. These practices are regularly denounced by international NGOs such as Amnesty International and Human Rights Watch.
To learn more about the map of Palestine, read our dedicated article on the evolution of the borders of Palestinian territories.
2. Why is Israel still considered an occupying power?
Israel claims that some of these territories are "disputed" and not "occupied," especially East Jerusalem, which it considers an integral part of its capital. However, this position is widely rejected by the majority of the international community.
The reasons for this classification of occupation are multiple:
- Constant military presence: Israel maintains absolute control over the borders, airspace, and maritime space of Gaza, as well as over the entire West Bank.
- Illegal colonization: More than 700,000 Israeli settlers now live in the West Bank and East Jerusalem, in settlements deemed illegal under international law.
- Expropriations and demolitions: Thousands of Palestinian families are evicted from their land or have their homes destroyed every year.
In international law, a partial withdrawal or the transfer of certain powers to a local authority is not enough to end the occupation, as long as military and administrative control remains in the hands of the occupying power.
3. Occupation at the heart of Palestinian cultural resistance
In the face of this reality, the Palestinian people have continuously developed forms of cultural and symbolic resistance. The Palestinian keffiyeh, for example, has become much more than a simple clothing accessory: it now represents a symbol of struggle and national identity. This traditional black and white (or sometimes red) scarf is proudly worn in demonstrations, but also in daily life, to affirm an attachment to the land of Palestine.
The Palestinian flag, with its four colors (black, white, green, and red), is also a powerful marker of sovereignty. It is often seen waved at gatherings, painted on city walls, or embroidered on traditional clothing. Despite Israeli restrictions on displaying the flag in certain areas, it remains an emblem of peaceful resistance and dignity.
Moreover, Palestinian craftsmanship plays a key role in preserving national identity. Palestinian jewelry, such as bracelets, necklaces, rings, and earrings, often handmade, feature ancient motifs, poetic verses, or symbols of Palestinian tradition. They tell the story of a people who refuse to be erased, and embody the transmission of an ancestral heritage, even in exile or under occupation.
4. A global geopolitical issue
The question of the occupation of Palestinian territories extends far beyond the borders of the Middle East. Today, it mobilizes international solidarity movements, boycott campaigns, and sparks political debates in many countries.
Increasingly, voices, particularly within the United Nations, are calling on Israel to end the occupation, freeze settlement construction, and accept the principle of an independent Palestinian state living peacefully alongside Israel. In May 2024, several European countries such as Spain, Norway, and Ireland officially recognized the State of Palestine, thus highlighting the stalemate in negotiations.
Cultural products stemming from Palestinian resistance thus become more than mere objects: they become tools of engagement. Wearing or offering them is sometimes also about supporting a cause.
Source: BBC, May 2024
FAQ — Your questions about the Occupied Palestinian Territories
What is an occupied territory according to international law?
According to international humanitarian law (1907 Hague Convention and 1949 Geneva Conventions), a territory is considered "occupied" when a foreign power takes military control of it without having legitimate sovereignty. The occupier has strict obligations towards the civilian population and cannot unilaterally alter the status of the territory.
Since when have the Palestinian territories been occupied?
The West Bank, Gaza, and East Jerusalem were occupied by Israel during the Six-Day War in June 1967. For 57 years, this occupation has been considered illegal by almost the entire international community, by the UN (Resolution 242 of 1967), and by the International Court of Justice in its advisory opinion of 2004, confirmed in 2024.
Is Gaza still occupied despite the Israeli withdrawal in 2005?
Yes. Despite the withdrawal of Israeli settlers and soldiers from Gaza in 2005, the international community and the United Nations still consider Gaza an occupied territory. Israel controls Gaza's land, sea, and air borders, its airspace, territorial waters, population registries, and its connection to electricity and water networks. This total control characterizes an occupation under international law.
What are Israeli settlements and why are they illegal?
Israeli settlements are civilian communities built by Israel on Palestinian land in the West Bank and East Jerusalem occupied since 1967. They are considered illegal under international law (Article 49 of the 4th Geneva Convention) because an occupying power cannot transfer its own civilian population to an occupied territory. There are currently more than 700,000 Israeli settlers in the West Bank and East Jerusalem.
Has France recognized the State of Palestine?
Yes. France officially recognized the State of Palestine on September 22, 2025, during the United Nations General Assembly, along with the United Kingdom, Australia, Canada, Belgium, Luxembourg, Malta, and Portugal. Palestine is now recognized by 147 UN member countries, more than three-quarters of the international community.
To learn more, feel free to consult our article on countries that have officially recognized and support Palestine and on the Nakba and its consequences.
Conclusion
The Palestinian territories have been occupied since 1967, in violation of international law, and this occupation continues to weigh heavily on the daily lives of Palestinians. But in the face of this prolonged injustice, the Palestinian people oppose a resistance built on memory, culture, and symbols.
By acquiring a Palestinian keffiyeh, proudly displaying the Palestinian flag, or wearing Palestinian jewelry, you participate—in your own way—in the defense of a threatened heritage, one that will never be erased.