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Human rights are granted on an equal and universal basis and express the moral standpoint that each and every person is entitled to inalienable basic rights. Safeguarding human rights is important in times of peace and all the more essential in times of war, because in times like that the conventional norms of behavior are replaced by new norms and practices. In such times of crisis, the civilian population is deprived of control over its circumstances and is exposed to the danger of rights violations in an arbitrary and extreme manner.

International human rights law was formulated on the basis of international agreements and treaties, against the backdrop of the horrible atrocities performed in the Second World War. The basic agreement that is one of the cornerstones of international human rights law is the Universal Declaration of Human Rights, which was adopted by the United Nations General Assembly and ratified by Israel on 10 December 1948. This declaration includes the recognition of the natural dignity of all human beings and of their equal and inalienable rights.

Although the Universal Declaration of Human Rights is not a binding international document, most of the world's countries are parties to it, which contributes to its fundamental and symbolic importance. Following this declaration, a number of binding treaties were adopted, such as the International Covenant on Economic, Social and Cultural Rights (1966) and the International Covenant on Civil and Political Rights (1966), which enshrine many of the basic rights cited in the declaration. Israel is a signatory to both these covenants.

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In the mid-nineteenth century, binding norms began to be formulated for managing armed conflicts, wars, and occupation of territories between countries and groups of people. These norms turned into international agreements and treaties, which constitute International Humanitarian Law and regulate the behavior of the parties engaged in warfare. These norms ensure the protection of civilians that do not partake in the armed conflict, the appropriate treatment of wounded persons and prisoners of war, and the minimization of human rights violations during the warfare.

These are the main treaties that constitute International Humanitarian Law:

1. The Hague Convention (1907) - Regulations concerning the Laws and Customs of War on Land

2. The Four Geneva Conventions and their annexes:

• The First Geneva Convention (1864) deals with the amelioration of the condition of the wounded in the battlefield and establishes the International Red Cross.
• The Second Geneva Convention (1906) applies the principles of the first convention on maritime warfare.
• The Third Geneva Convention (1929) treatment of prisoners of war.
• The Fourth Geneva Convention (1949) protection of civilians in time of war.

The Fourth Geneva Convention also relates to the situation of civilian persons in an occupied country or territory. Article 27 of the convention defines the obligation incumbent upon the occupying country in relation to the residents of the occupied territory:

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“Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity. Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault. Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion. However, the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war.”

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Even though the State of Israel signed and ratified the key covenants of International Humanitarian Law, including the Fourth Geneva Convention, it does not acknowledge that the Fourth Geneva Convention is applicable to the West Bank and Gaza. Despite this, Israel's Attorney General declared (in the early 1970s) that Israel is obliged by the humanitarian provisions of the Fourth Geneva Convention.

According to the position of the Association for Civil Rights in Israel (ACRI) and other human rights organizations, the Geneva Conventions – and particular the Fourth Geneva Convention – have a binding status in the Occupied Palestinian Territories. This, among other things, because these conventions are part of customary international law, meaning they are norms that have a supreme status, which are accepted by the international community and bind all countries, including those who are not party to them.

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Across the world – from Greece to London, from Tunisia to Egypt, and also in Israel – people take to the streets to demonstrate. Freedom of expression and the right to protest are recognized human rights under international law, viewed as the rights of every person in every place. Freedom of expression is recognized as a basic right and is one of the criteria measuring a regime's level of democracy. Protecting freedom of expression and the right to protest, especially in more difficult and controversial cases, is one of the major tests of any regime in the world. There is no argument that a demonstration can escalate to riots and violence, which is of course illegitimate. But as long as it is not violent and as long as the injury to national security and public safety is not severe and concrete – a demonstration, protest, or march are a right and not a “security threat”.

The right to demonstrate and protest is an inseparable part of the right to freedom of expression, and it is entrenched in Article 21 of the International Covenant on Civil and Political Rights (1966), which Israel signed on 19 December 1966:

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“The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (order public), the protection of public health or morals or the protection of the rights and freedoms of others.”

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Unfortunately, reality does not resemble the written rules, as can be seen in B'Tselem's report about the right to demonstrate in the Occupied Territories, published in July 2010. In practice, there is no possibility to demonstrate in the territories. This is a direct result of the violation of the right to freedom of expression, both under Israeli martial law and under the illegal practices that are common in the field, such as the use of illegal means for crowd dispersal, the use of closed military zone orders to restrict demonstrations, and arbitrary detainment and arrest of activists. The martial courts are also very forgiving and indifferent in their treatment of this severe infringement on the right to freedom of expression and protest.

In August 1967, two months after the occupation of the West Bank, the commander of the Israeli military's Central Command signed Order 101 – Order regarding Prohibition of Acts of Incitement and Hostile Propaganda, which sought to regulate demonstrations and protest events in the Occupied Territories. Order 101 is valid in the territories to this day. Additionally, the military signed the Order regarding Security Provisions, which aggregates both procedures and substantive law and regulates criminal processes for Palestinian residents of the Occupied Territories. In practice, Order 101 is a central means for the sweeping suppression of demonstrations and protest events in the territories.

This order restricts publications of any kind “containing material of political intent” and prohibits their distribution without the approval of military and police forces. The prohibited publications include any printed, photographed, recorded, or filmed material, or materials of any other kind, including newspapers, periodicals, files, documents, and national symbols.

According to Order 101, any assembly of 10 or more persons, gathering for the purpose of a speech or discussion about a political topic, requires a permit issued by the military commander. As a comparison, under Israeli law, a demonstration does not require a permit unless it entails all of the following three elements: the presence of 50 or more participants, the demonstration is intended to be held outdoors, and that it includes a march and/or political speeches. Order 101 creates a reality in which any assembly of Palestinians in the Occupied Territories is defined as an illegal assembly, and thus their freedom of speech is de facto denied. It is on the basis of this order that Israeli military and police forces have been dispersing many nonviolent demonstrations throughout the years, while using excessive force towards demonstrators.

Even though the order conditions the legality of demonstrations upon military permits, it does not institute any mechanism for Palestinians to acquire such permits (e.g. when to submit a request, an address, and what this request should include). Alongside this procedural problem, there is also a substantive one: Palestinians do not acknowledge the legitimacy of the Israeli regime in the Occupied Territories and are protesting against the occupation mechanism that has been in effect for over 45 years and that causes severe violations of their most basic human rights on a daily basis. The very essence of their protest is against their subjection to a military regime and against the administrative orders that violate their rights, such as Order 101. Therefore, they would not approach this very mechanism in order to receive a permit for a demonstration.

The martial courts and the military command sometimes ignore Order 101 and and limit or deny the right to demonstrate under different pretexts, such as stone-throwing during the demonstration or the violation of a closed military zone order. This inconsistent enforcement creates a vague and cumbersome reality, which enhances the difficulty of realizing freedom of expression in the Occupied Territories.

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Many demonstrations in the Occupied Territories seek to protest against illegal and unjust violations of human rights. In this context, the right to demonstrate is all the more important, and violating it inevitably injures many other rights for which the demonstrators are struggling. The State of Israel has acknowledged this when it became party to the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (the Declaration on Human Rights Defenders):

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“1. Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels.

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12.1 Everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms.

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12.3 In this connection, everyone is entitled, individually and in association with others, to be protected effectively under national law in reacting against or opposing, through peaceful means, activities and acts, including those by omission, attributable to States that result in violations of human rights and fundamental freedoms [...]”

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In summary, we reiterate and emphasize the importance of the right to freedom of expression and protest as a basic right to which every human being is equally entitled and as a significant and necessary tool for the promotion and protection of various basic human rights, such as the right to shelter, water, freedom of movement, bodily integrity, freedom of religion, and self definition. Furthermore, the right to freedom of expression and protest is all the more important in the Occupied Territories, where demonstrations are a primary route for Palestinian residents to voice themselves and to protest against the violation of their rights.