Israeli forces demolish Bedouin homes for 2nd time in fortnight

“Settling” constitutes a warcime according to international law and ICC statute. Even under US’ own military legislations’
Law resources below this article

 

Maan News Agency | May 30, 2013

 

221396_345x230[1]BEERSHEBA (Ma’an) — Israeli forces on Thursday demolished 11 structures and tents belonging to Palestinian Bedouins in a Negev village for the second time in two weeks.

A heavily armed police force sealed Attir village near al-Hura to allow bulldozers of the Jewish National Fund and Park Authorities to level homes belonging to the Abu al-Qiean family, a Ma’an reporter said.

The structures had been rebuilt after Israeli forces demolished them on May 16.

One of the residents whose home was demolished, Shihdeh Abu al-Qiean, said an Israeli officer told him: “Beware there are no media outlets here.”

Another resident, Ratib al-Qiean, told Ma’an: “We will never leave this land even if they demolish our houses 100 times. We will live in tents until God says the final word.”

He said Israel demolished 11 tents and steel homes, uprooted several trees and confiscated a power generator and agricultural equipment. “All the wreckage was loaded in lorries in order to hide all evidence of the crime,” he added.

Talal Abu Ara, a Palestinian member of Israel’s Knesset, visited the village and said the demolition was a “crime against humanity.”

Abu Arar and fellow Palestinian MKs Ibrahim Sarsour, Ahmad Tibi and Masood Ghanayim joined dozens of Negev Bedouins in a demonstration in front of Israel’s Knesset on Monday to protest the forced displacement of nearly 40,000 Bedouins.

Abu Arar, who is leading a campaign to protect Negev Bedouins, appealed to “rational Israeli officials” to halt implementation of the Prawer-Begin plan, which he called a “racist, apartheid law.”

Bedouins “are not immigrants from a foreign country, but indigenous owners of the land,” he added.

Ramiz Jaraisy, the mayor of Nazareth, and MKs Hana Sweid and Afou Ighbariyya also attended the Jerusalem protest.

In early May, Israel’s Ministerial Committee on Legislation approved a bill which outlines a framework for implementing the Prawer-Begin plan.

The plan will forcibly evict nearly 40,000 Bedouins and destroy their communal and social fabric, condemning them to a future of poverty and unemployment, the Association for Civil Rights in Israel says.

Israel refuses to recognize 35 Bedouin villages in the Negev, which collectively house nearly 90,000 people.

The Israeli state denies them access to basic services and infrastructure, such as electricity and running water, and refuses to place them under municipal jurisdiction.





LAW

“States may not deport or transfer parts of their own civilian population into a territory they occupy.”

Summary

State practice establishes this rule as a norm of customary international law applicable in international armed conflicts.
International armed conflicts

The prohibition on deporting or transferring parts of a State’s own civilian population into the territory it occupies is set forth in the Fourth Geneva Convention.[1]

It is a grave breach of Additional Protocol I.[2]

Under the Statute of the International Criminal Court, “the transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies” constitutes a war crime in international armed conflicts.[3]

Many military manuals prohibit the deportation or transfer by a party to the conflict of parts of its civilian population into the territory it occupies.[4]

This rule is included in the legislation of numerous States.[5]

Official statements and reported practice also support the prohibition on transferring one’s own civilian population into occupied territory.[6]

Attempts to alter the demographic composition of an occupied territory have been condemned by the UN Security Council.[7]

In 1992, it called for the cessation of attempts to change the ethnic composition of the population, anywhere in the former Yugoslavia.[8]

Similarly, the UN General Assembly and UN Commission on Human Rights have condemned settlement practices.[9]

According to the final report of the UN Special Rapporteur on the Human Rights Dimensions of Population Transfer, including the Implantation of Settlers and Settlements, “the implantation of settlers” is unlawful and engages State responsibility and the criminal responsibility of individuals.[10]

In 1981, the 24th International Conference of the Red Cross reaffirmed that “settlements in occupied territory are incompatible with article 27 and 49 of the Fourth Geneva Convention”.[11]

In the Case of the Major War Criminals in 1946, the International Military Tribunal at Nuremberg found two of the accused guilty of attempting the “Germanization” of occupied territories.[12]

References

[1] Fourth Geneva Convention, Article 49, sixth paragraph (cited in Vol. II, Ch. 38, § 334).

[2] Additional Protocol I, Article 85(4)(a) (adopted by consensus) (ibid., § 335).

[3] ICC Statute, Article 8(2)(b)(viii) (ibid., § 336).

[4] See, e.g., the military manuals of Argentina (ibid., §§ 346–347), Australia (ibid., § 348), Canada (ibid., § 349), Croatia (ibid., § 350), Hungary (ibid., § 351), Italy (ibid., § 352), Netherlands (ibid., § 353), New Zealand (ibid., § 354), Spain (ibid., § 355), Sweden (ibid., § 357), Switzerland (ibid., § 357), United Kingdom (ibid., § 358) and United States (ibid., § 359).

[5] See, e.g., the legislation of Armenia (ibid., § 361), Australia (ibid., §§ 362–363), Azerbaijan (ibid., §§ 364–365), Bangladesh (ibid., § 366), Belarus (ibid., § 367), Belgium (ibid., § 368), Bosnia and Herzegovina (ibid., § 369), Canada (ibid., §§ 371–372), Congo (ibid., § 373), Cook Islands (ibid., § 374), Croatia (ibid., § 375), Cyprus (ibid., § 376), Czech Republic (ibid., § 377), Germany (ibid., § 379), Georgia (ibid., § 380), Ireland (ibid., § 381), Mali (ibid., § 384), Republic of Moldova (ibid., § 385), Netherlands (ibid., § 386), New Zealand (ibid., §§ 387–388), Niger (ibid., § 390), Norway (ibid., § 391), Slovakia (ibid., § 392), Slovenia (ibid., § 393), Spain (ibid., § 394), Tajikistan (ibid., § 395), United Kingdom (ibid., §§ 397–398), Yugoslavia (ibid., § 399) and Zimbabwe (ibid., § 400); see also the draft legislation of Argentina (ibid., § 360), Burundi (ibid., § 370), Jordan (ibid., § 382), Lebanon (ibid., § 383) and Trinidad and Tobago (ibid., § 396).

[6] See, e.g., the statements of Kuwait (ibid., § 405) and United States (ibid., §§ 406–407) and the reported practice of Egypt (ibid., § 402) and France (ibid., § 403).

[7] See, e.g., UN Security Council, Res. 446 , 452 and 476 (ibid., § 408), Res. 465 (ibid., § 409) and Res. 677 (ibid., § 410).

[8] UN Security Council, Res. 752 (ibid., § 411).

[9] See, e.g., UN General Assembly, Res. 36/147 C, 37/88 C, 38/79 D, 39/95 D and 40/161 D (ibid., § 412) and Res. 54/78 (ibid., § 405); UN Commission on Human Rights, Res. 2001/7 (ibid., § 413).

[10] UN Sub-Commission on Human Rights, Final report of the Special Rapporteur on the Human Rights Dimensions of Population Transfer, including the Implantation of Settlers and Settlements (ibid., § 415).

[11] 24th International Conference of the Red Cross, Res. III (ibid., § 419).

[12] International Military Tribunal at Nuremberg, Case of the Major War Criminals, Judgement (ibid., § 421).


Still live in fairy-tale-land about Israel? Time to wake up: The Map of the “Greater Israel” even is hammered on the currency:All facts at Storify continuously updated. Read what Israeli ‘leaders’ have said and done even before (peace) talks and how their actions contradict the reality and ugly facts which they try to hide from you:

You can forget all details. Save yourself time. It is only about Ethnic Cleansing of Palestine

Israel. Not looking for Peace. Nor Talks. But this…

The facts. Mainly Israeli sources. Continuously updated


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