The legal framework and governance of the

West Bank and Gaza have been shaped by a complex history of military actions, international agreements, and distinct Israeli and Palestinian legal views. 

Past Actions and Present Laws 

International Law: 

• Fourth Geneva Convention (1949) and Hague Regulations (1907): Under international humanitarian law, the West Bank and Gaza Strip are considered occupied territories after Israel captured them in the 1967 Six-Day War. As the occupying power, Israel is obligated to ensure the basic needs of the local population and is prohibited from transferring its own civilian population into the occupied territory (a practice known as "settler implantation").
• UN Resolutions and ICJ Rulings: Numerous UN Security Council and General Assembly resolutions, including UNSC Resolution 2334 (2016), have condemned Israeli settlement activities as a "flagrant violation" of international law and having "no legal validity". A landmark International Court of Justice (ICJ) advisory opinion in July 2024 declared Israel's continued occupation and settlement policies illegal, a violation of the prohibition on racial segregation and apartheid, and called for Israel to cease activities, withdraw settlers, and make reparations.
• Oslo Accords: These agreements in the 1990s created the Palestinian Authority (PA) and divided the West Bank into three administrative areas (Areas A, B, and C), which were intended to lead to a gradual transfer of authority to the PA. However, the process stalled, and Area C (over 60% of the West Bank) remains under full Israeli military and civil control. 

Israeli Law and Actions: 

• Military Orders: Since 1967, Israeli military commanders have issued thousands of military orders that form the primary basis of law for Palestinians in the occupied territories, granting the military extensive control over civilian life, including movement, land use, and legal proceedings.
• Dual Legal System: A dual system of law is applied in the West Bank. Israeli civil and criminal law is applied to Israeli settlers on a personal or territorial basis (via "enclave law"), while Palestinian residents are subject primarily to Israeli military law, tried in military courts, and face significant restrictions on their rights and movement.
• Blockade of Gaza: Following Hamas's takeover of Gaza in 2007, Israel imposed a strict blockade, heavily restricting the movement of people and goods, an action that the ICJ has indicated obligates Israel, as the occupying power, to ensure aid can enter. 

Palestinian Authority and Hamas Governance: 

• The Palestinian Authority (PA) exercises limited self-governance in Areas A and B of the West Bank, applying a mix of Jordanian and Mandatory statutes and PA law, though actual control is often constrained by Israeli military activity.
• Hamas has ruled the Gaza Strip since 2007, operating its own de facto administration and legal system. 

Views of the Lands 

Palestinian View: 

• Palestinians consider the West Bank, East Jerusalem, and the Gaza Strip as the Occupied Palestinian Territories (OPT) and the core of their future independent state. They view Israeli settlements as illegal land grabs that violate their right to self-determination, fragment their territory, and perpetuate a system of systemic discrimination and apartheid. 

Israeli View: 

• Right-wing and ideological Israelis often view the West Bank (referred to as Judea and Samaria) as their ancestral and biblical homeland, believing they have a historical right to the land.
• The Israeli government generally disputes the international consensus that the settlements are illegal, arguing their presence is legitimate and a full withdrawal is a security threat. They maintain that the final status of the territories must be determined through negotiations and reject unilateral UN mandates or court rulings.