#WestBankUnderAttack | Abbas: E-1 plan crosses ‘red line’

Maan News Agency | Dec 5, 2012

108554_345x230[1]RAMALLAH (Ma’an) – Israeli settlement activity in the Palestinian territory, especially the newly announced projects in the E-1 area, is a red line which cannot go unanswered because it divides the Palestinian land, President Mahmoud Abbas said Wednesday.

Speaking to reporters at his office in Ramallah, Abbas said the PA contacted international sides to try and stop the settlement project Israel announced in response to Palestine’s upgraded status at the UN.

“If that project is implemented, we will use all legal and legitimate means to stop it, and we have something to say and do about these dangerous decisions,” Abbas said.

He added that Israeli procedures should be reversed because international law prohibits an occupying state from carrying out any procedures on the lands of a state under occupation. Now that Palestine is a non-member state in the UN General Assembly, he added, the Fourth Geneva Convention is applicable.

The president said he instructed Palestine’s UN envoy to contact the UN Secretary-General and the president of the UN Security Council.

“We will see their reaction to the Israeli settlement decision, then we will study the next step.”

The official Palestinian Authority news agency Wafa quoted Abbas as saying that the Palestinian leadership has already formed a special committee to study “the day after.”

The committee encompasses experts in international law and diplomacy, and they will start working on how to address international organizations now Palestine has been accepted in the UN. Abbas said the committee would hold its first meeting Wednesday.

He pointed out that the Arab League’s follow-up committee would convene on Dec. 29 to discuss the peace process after Palestine’s status upgrade.

EU summons Israeli ambassador

In Brussels, the European Union summoned Israel’s ambassador to discuss the bloc’s concerns over plans to expand settlements in the occupied West Bank, an EU foreign affairs spokeswoman said.

“The Israeli ambassador has been invited by the Executive Secretary General of the EEAS (European External Action Service) to meet to set out the depth of our concerns,” Maja Kocijancic said.

The Executive Secretary General — the senior diplomat in charge of policy for EU foreign affairs chief Catherine Ashton — is Pierre Vimont, former French ambassador to Washington.

Several EU countries have already called in Israeli ambassadors for consultations, but EU states have been struggling to agree on a common response to the settlement expansion plans.

The spokeswoman said the EU reaction to Israel’s new building plans would depend on the extent to which they threatened the establishment of a viable state of Palestine in the future.

Israel moved forward Wednesday with plans to build some 3,000 settler homes in one of the most sensitive areas of the occupied West Bank, in defiance of international protests.

The European Union has repeatedly spoken out against Israeli settlements on land the Palestinians want for their state. Ashton said on Sunday that she was “extremely concerned” by the plans.



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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