Israel grants gas exploration licences within Palestine's maritime boundary

Israel has given exploration licenses for natural gas in locations that are considered to be within Palestine's maritime boundary in preparation for "occupying" these areas.

Israel, having killed tens of thousands of civilians in attacks and offensive on Gaza, announced the results of the tender it organised for exploration in Palestinian waters in December 2022 on October 29 last year, just days after it intensified its attacks in Gaza.

Within the scope of the tender, the Israeli administration granted licenses to six Israeli and international companies to explore natural gas in areas that are deemed to fall under Palestinian maritime borders in accordance with international law.

On February 5, Adalah, the Legal Center for the Protection of Arab Minority Rights in Israel, sent a letter to the Israeli Energy Ministry demanding the cancellation of such gas exploration licences issued in these areas.

"Israel is the occupying power in Gaza and exercises full and effective control over Palestine's maritime areas. The issuance of the tender and the subsequent granting of licenses for exploration in this area constitute a violation of international humanitarian law (IHL) and customary international law," Adalah said.

"The tenders, issued in accordance with Israeli domestic law, effectively amount to the de facto and de jure annexation of the Palestinian maritime areas claimed by Palestine, as they seek to supersede applicable IHL norms by instead applying Israeli domestic law to the area in the context of managing and exploiting natural resources," Adalah added.

The statement stressed that under applicable international law, Israel is prohibited from using the limited non-renewable resources of the occupied territories for commercial gain and for the benefit of the occupying power (usufruct rules referred to in Article 55 of the Hague Regulations).

Following Adalah’s statement, Al Mezan Center for Human Rights and the Ramallah-based human rights organisation, Al Haq, along with the Palestinian Center for Human Rights (PCHR), similarly issued warnings to companies holding licenses not to carry out any activities in these areas.

Illegal Israeli actions

Attorney Suhad Bishara, director of Adalah's Legal, Land and Planning Rights Unit, said that Israel's deposits in the sea adjacent to Gaza are illegal under international law.

"These actions, including the licenses issued by Israel, are illegal under international humanitarian law and under the laws of the sea. Israel has no authority to issue such bids and licenses," Bishara said.

Consequently, she explained that they approached the Israeli Ministry of Energy, the body in charge of these licenses, asking them to revoke them and refrain from issuing additional ones in areas that the state of Palestine has declared its exclusive economic zone.