Energy Ministry defends gas licenses in Palestinian maritime zones, asserting that Palestine’s non-state status invalidates its maritime claims
On 28 August 2024, Adalah – The Legal Center for Arab Minority Rights in Israel – responded to the Israeli Ministry of Energy’s reply to its previous communication. In the initial letter, sent 5 February, Adalah argued that the Ministry's licenses for natural gas exploration, which were granted to Israeli and international companies, were in areas declared by the State of Palestine as Palestinian maritime zones, thereby constituting a violation of international law. Adalah’s initial letter was accompanied by a parallel legal action in which Foley Hoag LLP, representing Al-Haq, Al Mezan Center for Human Rights, and the Palestinian Centre for Human Rights (PCHR), issued notices to the companies demanding that they cease activities in the area falling within Palestinian maritime boundaries. Responses from the companies have not been received to date, and to the best of Adalah’s knowledge, while the results of the awarded licenses were published in October 2023, the drilling licenses have not yet been issued or signed.
CLICK HERE to read more about the letters sent in February 2024 to the Israeli Energy Ministry, the concerned companies, and the tender.
In its response, dated 22 May 2024, the Ministry of Energy asserted that the tender was carried out “in accordance with Israeli and international law”. The response also referenced Israel's 2020 reply to the State of Palestine’s 2019 declaration of its maritime boundaries. Similar to the 2020 response, it noted that “in accordance with customary international law in the field of the law of the sea and relevant treaty law, rights to maritime zones belong exclusively to sovereign states, and only they have the right to declare the delimitation of maritime zones. As is well known, under international law, the Palestinian Authority does not meet the criteria for being a sovereign state and therefore has no legal entitlement to maritime zones”. The ministry further noted that the 2019 declaration “constitutes a breach of the existing agreements between Israel and the Palestinian Authority, which define, among other things, the extent of the rights held by the Palestinian Authority in the maritime zone”, referring to the Oslo Accords.
CLICK HERE to read the Ministry of Energy’s letter [Hebrew]
In response, Adalah’s legal director, Dr. Suhad Bishara, argued that the Ministry’s claim that the Palestinian Authority cannot declare maritime boundaries is unfounded. This assertion implies that Israel could disregard many of its international obligations by denying Palestine's sovereignty. Adalah emphasized that Palestine is a party to numerous international treaties, has UN observer member status and is a member state to the United Nations Convention on the Law of the Sea, which grants it such authority to declare its maritime borders. In this regard, Adalah noted that Israel cannot use its ongoing illegal occupation to justify denying the sovereign rights of the State of Palestine and its people.
CLICK HERE to read Adalah’s latest response
Adalah argued that the Ministry’s claims regarding the Oslo Accords are unfounded. Specifically, the Oslo Accords do not confer upon Israel any rights or authority to delineate maritime boundaries off the Gaza Strip. These agreements merely establish a framework for "security" measures and defer the issue of borders, including maritime boundaries, to final-status negotiations. Furthermore, Adalah referenced the recent 2024 International Court of Justice (ICJ) advisory opinion on Israel’s prolonged occupation of the Occupied Palestinian Territory, whereby the Court stated that “[...] Israel may not rely on the Oslo Accords to exercise its jurisdiction in the Occupied Palestinian Territory in a manner that is at variance with its obligations under the law of occupation”.
The ICJ further held that “the right to self-determination includes the right to exercise permanent sovereignty over natural resources, which is a principle of customary international law” and found that “[…] Israel’s policy of exploiting natural resources in the Occupied Palestinian Territory is inconsistent with its obligation to respect the Palestinian people’s right to permanent sovereignty over natural resources.”
Adalah therefore reiterated its demands to the Israeli Minister of Energy and the Israeli Attorney General, requesting: (i) the revocation of gas exploration licenses granted in areas within Palestine’s maritime boundaries; (ii) the cancellation of any pending tenders for those areas; and (iii) an immediate halt to any activities involving the exploitation of gas resources in Palestine’s maritime boundaries, as these areas do not belong to the State of Israel and Israel does not possess any sovereign rights over them, including exclusive economic rights.
