The Territories are subject of a regime of occupation. This is a military regime in which the military commander – OC Central Command – is the supreme (legislative) authority. The laws that apply in the Territories include laws existing in the area prior to the occupation, with the addition of changes made by Israel over the years through the military commander. These laws are supposed to be subject to the laws of occupation.
The laws of occupation, which form part of international humanitarian law relating to human rights during combat and conflict, are intended to ensure, on the one hand, the maintenance of the temporary military regime, which is responsible for law and order in the occupied area; and, on the other, to protect the rights of the local Palestinian residents, referred to as “protected residents.”
Furthermore, in accordance with the ruling of the International Court of Justice, international human rights law applies in the territories (this law relates to the rights of all humans, and not specifically to situations of combat or conflict). According to international law, the State of Israel bears a particular obligation toward the local residents in the occupied area, and is specially responsible for providing them with protections, including the protection of their life, property, dignity, way of life, beliefs, and family rights, among other areas.