15 - The Legality of Israeli Exploitation of Oil from Sinai

Summary

There would appear to be no controversy that Israel as a belligerent occupier of Sinai was entitled to exploit existing State-owned oil wells, if it was a reasonable use. There does not seem to have been a claim that Israeli use of the wells was wanton or unreasonable. However, there is controversy over the legality of exploring for and exploiting new oil wells. The objection of the United States Department of State to the legality of such exploitation was based, apparently, on the apprehension that it would encourage the longevity of occupation. The issue of new oil wells has not been the subject of any authoritative legal decision and it could be argued that, as a general principle, the onus would be on those wishing to pronounce it as an illegal action. As part of the Egypt Israel Treaty of Peace, “The Parties agree to establish a claims commission for the mutual settlement of all financial claims.” This commission has never met and no claims have been submitted to it.