Military occupation has been one of the most important subjects in international law, so numerous international instruments since 1907 Hague Regulations has dealt with it. International humanitarian law andinternational human rights law constitute the international legal system governing military occupation. The International humanitarian law as lex specialis governs the relations between occupying power and occupied territory. Furthermore the international human rights have to been respected in occupied territories and the protections of international human rights law dose not cease because of applying International humanitarian law. Israel as the oldest occupying power, deny the applicability of International humanitarian law and international human rights law in Palestinian occupied territories. Although the Israeli arguments regard denying them, has been rejected by all the international human rights bodies and most of authors. The international court of justice in its judgment called" legal consequences of the construction of a wall in the occupied Palestinian territory" (9 July 2004) gathered and considered all the arguments for and against the applicability of International humanitarian law and international human rights law in occupied territories and finally concluded that both of them have to be applied there. One of the most important achievements of this judgment is finding the applicability of human rights law in occupied territories for filling the "protection vacuums" which might be in international humanitarian law-specially in prolonged occupations.