Summary

The Palestinian People's Right to the Water Resources of Palestine

11 Nov. 1999

1. The Palestinian people have the right to self-determination. This has been repeatedly affirmed by the General Assembly of the United Nations from the early 1970s, for instance in General Assembly resolutions 2672C (1970), 2787 (1971) and 3098D (1973). The right of the Palestinian people to self-determination has also been expressly recognised by numerous States, including the United States of America and all member States of the European Union.
   
   
2. A fundamental element of the right to self-determination, and its principal economic aspect, is the right of permanent sovereignty over natural resources. The right of permanent sovereignty is a rule of customary international law. It is also embodied in various international instruments, including General Assembly resolution 1803 (1962) and in common Article 1(2) of the 1966 United Nations Human Rights Covenants. This provides:
   
   All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based on the principle of mutual benefit and, international law...
   
   
3. Peoples entitled to self-determination have the right of permanent sovereignty over natural resources even before those peoples exercise their right to self-determination. This is well established in customary international law, reflected in the texts of General Assembly resolution 1803 and the Human Rights Covenants. As Judge Weeramantry of the International Court of Justice declared in his individual opinion in the East Timor case (1995):
   
   So long as they continue to be a non-self-governing people, those resources will continue to belong to them by incontrovertible principles of the law of nations. At such time as they achieve self-determination, they may deal with these resources in such a manner as they freely choose. Until such time, the international legal system protects their rights for them...[ICJ Rep., 1995, p.153]
   
   
4. The Palestinian people's right of permanent sovereignty applies to the resources of the Occupied Territories. This was recognised by the General Assembly of the United Nations as early as December 1972 in resolution 3005. In respect of the territories occupied by Israel after the Six Day War, the General Assembly affirmed "the principle of the sovereignty of the population of the occupied territories over their natural wealth and resources". This has been repeated in numerous subsequent UN instruments and reports.
   
   
5. The Palestinian people's right of permanent sovereignty covers the water resources of the Occupied Territories. The United Nations Security Council, in paragraph 8 of resolution 465 (1980), requested the Commission it established under resolution 446 (1979) to continue to examine the situation arising from the creation of settlements in the Occupied Territories and:
   
   to investigate the reported serious depletion of natural resources, particularly the water resources, with a view to ensuring the protection of the territories under occupation.
   
   In an introductory paragraph of resolution 465, the Security Council took note of "the need to consider measures for the impartial protection of private and public land and property, and water resources".
   
   
6. Israel expressly recognised the right of the Palestinian people to its water resources in Annex III, Appendix I, Article 40 of the Interim Agreement. Paragraph 1 of Article 40 states:
   
   Israel recognizes the Palestinian water rights in the West Bank. These will be negotiated in the permanent status negotiations and settled in the Permanent Status Agreement relating to the various water resources.
   
   Moreover, in Article 12, water was expressly recognised as a natural resource. This provides in part:
   
   The Palestinian side and Israel, recognising the need to protect the environment and to utilize natural resources on a sustainable basis, agreed upon the following:
   
   
   • This sphere includes...environmental aspects of the following: sewage, solid waste, water...
     
     Unlike Article 40, this is not restricted in its terms to the West Bank. Accordingly, Article 12 should be seen as encompassing Palestinian water resources in Gaza as well as in the West Bank.
     
     
7. Consequently, by virtue of rules of general customary international law, as a people entitled to exercise the right to self-determination, the Palestinian people also have the right of permanent sovereignty over their water resources in the territories occupied by Israel since 1967. This right of permanent