The legal Expert Opinion was triggered by the fact that Israel, the Occupying Power, in various ways impeded humanitarian assistance to the population of the oPt which requires such assistance. The opinion is tasked to assess the legality of these restrictive measures in light of the general law governing belligerent occupation and the rules concerning relief operations contained in the Fourth Geneva Convention and in customary humanitarian law.
The core of the legal issues addressed is the obligation of the Occupying Power to provide for the wellbeing of the population of the occupied territory. Importantly, the responsibility of the Occupying Power towards the civilian population under its effective control extends beyond the delivery of humanitarian assistance., the Occupying Power is under the obligation to ensure and restore public life. In modern terms, this obligation translates into the duty of good governance and an adequate standard of living, including ensuring that the local population living under occupation has the opportunity to exercise their rights to life, adequate housing, family life, private property, education, health, and all other human rights. This position becomes even more important in the context of prolonged occupation, in which the Occupying Power’s duties extend beyond the immediate humanitarian needs of a population that are caused by open hostilities and extends to the maintenance of public life and good governance.
This is also the rationale for the obligation of the Occupying Power to accept and facilitate relief operations. The Occupying Power has security interest which it may safeguard by appropriate measures; but it may not do so in a way which compromised the duty to accept and facilitate relief actions. Doubts about the legal situation must be soloed taking this fundamental principle into account.
The Occupying Power must allow the free passage and guarantee the protection of all relief supplies, given it is reasonably satisfied that these consignments are to be used for the relief of the needy population. Furthermore, it may not divert these supplies from their intended destination or recipient, nor may it confiscate them or make of any other use outside that for which they were intended. It is authorized to impose certain, limited restrictions on humanitarian assistance actors, their activities and the supplies they intend to distribute in the territory it controls. As a general rule, any restrictions or control measures must be temporary, exceptional and based on valid grounds, not arbitrary, capricious or unlawful denial. These may include urgent and imperative security needs and the need to serve the interests of the local population.