Hamas and the International Human Rights Law What are the legal consequences of a designated terrorist organization becoming the governing entity of a recognized state? April, 2015 Report presented by: Jerusalem Institute of Justice & Regent Law Center for Global Justice, Human Rights and the Rule of Law P.O. Box 2708 Jerusalem, Israel 9102602 Phone: +972 (0)2 5375545 Fax: +972 (0)2 5370777 Email:
[email protected] Web: www.jij.org Acknowledgments The Jerusalem Institute of Justice would like to thank S. Ernie Walton, Esq. Administrative Director and the students of Regent Law Center for Global Justice, Human Rights, and the Rule of Law, Regent University for contributing this research paper to our advocacy efforts. JERUSALEM INSTITUTE OF JUSTICE 2 APRIL 2015 TABLE OF CONTENTS Introduction 4 Is the International Human Rights Law Biding on Non-state Actors? 5 International human rights laws should apply to non-state actors 5 IHRL should apply to non-state actors such as Hamas 6 The Rights and Duties of States Whose Governing Authority Is a Designated Terrorist Organization 13 Establishing Statehood under International Law 13 The Rights and Duties of Recognized States 14 Potential Consequences of a Terrorist Organization as the Governing Authority in a Recognized State 16 Conclusion 22 JERUSALEM INSTITUTE OF JUSTICE 3 APRIL 2015 INTRODUCTION This memorandum answers two legal questions: (1) Whether the Islamic Resistance Movement (Hamas) is subject to international human rights law; and (2) what are the legal consequences if a designated terrorist organization becomes the governing entity of a recognized state? JERUSALEM INSTITUTE OF JUSTICE 4 APRIL 2015 IS INTERNATIONAL HUMAN RIGHTS LAW BINDING ON NON-STATE ACTORS? Ideally, each state would address and resolve all human rights issues and violations within its own borders.