Israel, having killed tens of thousands of innocent civilians and children in attacks and illegal occupation of the Gaza Strip, continues to violate international law by rejecting objections to the gas exploration licenses it has issued in areas within Palestinian maritime borders.
On February 5, Adalah, the Legal Center for the Protection of Arab Minority Rights in Israel, sent a letter to Israel’s Ministry of Energy objecting to the validity of the natural gas exploration licenses issued by the ministry.
The letter argued that the natural gas exploration licenses given to Israeli and international companies are located in Palestinian maritime territory, as declared by the State of Palestine, and therefore violate international law.
Notices were also sent to the license holders demanding immediate cease of activities in areas within the Palestinian maritime borders and steps were taken for legal proceedings.
In its latest letter, published in early September, Adalah revealed that to date no response was issued by the companies and the drilling licenses had not yet been issued although the results of the licenses were published in October 2023.
On May 22, the legal center received a response from Israel’s Ministry of Energy claiming that the tender was conducted ‘in accordance with Israeli law and international law.’
‘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,’ Israel’s Ministry of Energy said.
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.
Adalah therefore reiterated its demands to Israel’s Energy Minister and the Israeli Attorney General, requesting, the revocation of gas exploration licenses granted in areas within Palestine’s maritime boundaries; the cancellation of any pending tenders for those areas; and 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.
Adalah’s legal director, Suhad Bishara told Anadolu that Israel’s Energy Ministry is blatantly using its illegal occupation to undermine the Palestinian people’s right to sovereignty and control over their natural resources.
‘By dismissing Palestine!s maritime claims on the basis that it is not a sovereign state, Israel continues to deflect accountability for its human rights violations, refusing to address the merits of the claims put before it,’ Bishara said.
‘The ICJ has made it unequivocally clear: Israel’s exploitation of natural resources in the occupied Palestinian territory, which includes maritime zones, is a direct violation of international law and the Palestinian people’s right to self-determination. Israel’s actions are yet another attempt to monopolize Palestinian resources, depriving them of their inherent rights,’ Bashara added.
– G, E and H areas in dispute
The tenders cover a very large area, but areas designated G, E and H shown on the map are in dispute.
The companies include Eni S.p.A. (Italy), Dana Petroleum, a subsidiary of the South Korean National Petroleum Company, and the Israeli company Ratio Petroleum. The licenses came after the Fourth Offshore Bid Round (‘OBR4’), which Israel’s Ministry of Energy and Infrastructure launched in December 2022.
– Licenses awarded for gas exploration
According to information shared by Adalah, Al Mezan, Al-Haq and the Palestinian Center for Human Rights, Israel’s Ministry of Energy announced that it had granted licenses to six Israeli and international companies to explore for natural gas in what are considered Palestinian maritime areas under international law.
Israel’s Ministry of Energy and Infrastructure held its fourth offshore bidding round in December 2022 and licenses were granted.
Israel awarded gas exploration licenses for Area G, a maritime area adjacent to the Gaza coast, 62% of which lies within the maritime borders declared by Palestine in 2019 in accordance with the provisions of the 1982 UN Convention on the Law of the Sea (UNCLOS), to which Palestine is a party.
Of the other two areas where Israel opened tenders, 73% of H and 5% of E are located within the maritime borders declared by Palestine.
SOCAR, NewMed Energy and BP won the exploration tender in the I field, which is located in the non-disputed area.
– Objections to Palestinian declaration of maritime jurisdiction
Following Palestine’s declaration of its maritime boundaries under the UN Convention on the Law of the Sea on Sept. 24, 2019, Egypt notified the UN on Dec. 31, 2019, stating that ‘the Government of Egypt rejects and does not recognize the points defining the external boundaries of the maritime areas specified in the Palestinian declaration. This boundary coincides with Egypt’s eastern maritime boundary in the Mediterranean Sea.’
Then, on Jan. 14, 2020, Israel filed an objection, informing the UN that it did not recognize the borders announced by Palestine.
Most recently, on April 12 and 27, 2022, Palestine notified the UN of unauthorized maritime activities in its maritime areas.
