Israel paid a premium to secure early access to vaccines and their programme started last week. They are now world leaders in vaccination with around 20% of their population already immunised.

“Despite a prolonged military occupation, and as a result, a compromised health care system, a financial crisis, and a volatile political situation, the State of Palestine have been performing to its maximum capabilities to guarantee the right to health for its population, including with its recent efforts to purchase authorized vaccines for COVID-19. Yet, Israel has been adamant in refraining from fulfilling its responsibility as an occupying Power under international humanitarian law and human rights law. Israel has also hampered the work of the State of Palestine to manage the health crisis.”

While illegal colonial settlers who reside on stolen Palestinian land have access to vaccines, Palestinians in the West Bank, excluding occupied and annexed East Jerusalem, and the Gaza strip, stand defenceless as an occupied population in their ability to access any immunization for the virus. The same applies to Palestinians in occupied East Jerusalem who have had their identity resident cards revoked by Israel. This has been called “medical apartheid”.

This briefing sets out Israel’s obligations under International Humanitarian Law and the Oslo Agreements:

• Hague Regulations of 1907 Article 43, which iterates the general obligations of the occupying Power  “The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.”
• The Fourth Geneva Convention articles 55, 56 and 59 refer to provision of medical supplies, maintaining public health and not impeding relief schemes.
• International Convention on Economic Social and Cultural Rights article 12 outlines responsibilities on health including “the prevention, treatment and control of epidemic, endemic, occupational and other diseases.”
• Oslo Interim Agreements expressly mention Cooperation between Israel and the PLO in combating epidemics and contagious diseases is included in the 1995 Interim Agreement, Annex II, Article 17.6:  “Israel and the Palestinian side shall exchange information regarding epidemics and contagious diseases, shall cooperate in combating them and shall develop methods for exchange of medical files and documents.“

The State of Palestine faces numerous challenges and has deep concerns for prisoners, citizens of the blockaded Gaza strip, refugees living in overcrowded camps and our stretched healthcare system.

The State of Palestine has an obligation to provide vaccines as best of its capabilities to its citizens; nonetheless, the State of Palestine remains under prolonged Israeli military occupation. Therefore the international community must hold Israel to account and urge Israel as an occupying Power to fulfil its obligations under international law and make vaccines available to the protected population as a whole and without discrimination.