EU Countries Denounce Israeli E1 Plan (“Settling” is a Warcrime)


At 3 am this morning, the IOF raided Addameer's offices in Ramallah and damaged the office, confiscated computers, a hard drive and a video camera.الساعة الثالثة صباحا اقتحمت قوات الاحتلال مؤسسه الضمير وعاثت فسادا و قامت بتكسير المكتبBREAKING | ISRAEL RAIDED AND RANSACKED THE OFFICE OF ADDAMEER HUMAN RIGHTS AND PRISONER SUPPORT ASSOCIATION AND COMMITTED IN A BLATANT VIOLATION PIRACY ON AN NGO’S RECORDS | Read more


Monday December 10, 2012 21:40 by Saed Bannoura – IMEMC & Agencies

Foreign Ministers of the European Union issued a statement, after holding a meeting in Brussels Monday, denouncing the Israeli E1 illegal settlement project that will lead to the total isolation of the West Bank from occupied East Jerusalem. They said that the Israeli settlement project will also isolate the northern parts of the West Bank from the southern parts.

eu-flag

They said that the Israeli E1 plan will seriously threaten any possibility for a negotiated resolution to the conflict, as it will leave no place for a contiguous and a viable Palestinian state “with Jerusalem as the capital of the two states”.

The EU also reiterated its stance regarding the fact that Israeli settlements in the occupied territories, captured by Israeli during the 1967 war, including in East Jerusalem, are built in direct violation of International Law.

EU Foreign Ministers said that they will closely monitor what happens in the region, and will act accordingly.

They said that settlements in the West Bank and in occupied East Jerusalem, especially the E1 project that is intended to link between Maale Adumim illegal settlement bloc with East Jerusalem, will lead to the forced depopulation of thousands of Palestinian civilians living in the area.

They also called on Israel to resume the transfer of Palestinian tax money it collects on border terminals on behalf of the Palestinian Authority in the West Bank as stated in signed agreements, and called on both Israel and the Palestinians “to refrain from any unilateral moves that could jeopardize the efforts to resume peace talks”.

The Foreign Ministers of the EU said that Israel’s settlement activities are an obstacle to peace, and called on Israel and the Palestinians to resume direct peace talks without preconditions.

They also said that Israeli changes to the territories, including East Jerusalem, will not be recognized as long as these changes are unilateral and not part of a negotiated agreement.

As for settlement products, the Foreign Ministers said Europe’s economic agreements with Israel do not include products made in Jewish settlements in the occupied West Bank, East Jerusalem and the Golan Heights.

EU Foreign Ministers also called for Palestinian national reconciliation, headed by President Mahmoud Abbas, so that they can pave the way towards the establishment of an independent Palestinian State as part of the two-state solution with Israel.

They also expressed commitment to the security of Israel, and expressed rejection to any of use of force for political gains.

The Foreign Ministers further denounced statements made by Hamas leaders denying “Israel’s right to exist”, and stated that the European Union “will never stop fighting against terrorism, as terrorism leads to the collapse of reconciliation and coexistence”.

Israeli Foreign Ministry spokesperson, Yigal Palmor, responded to the EU statement by claiming that the focus of the European Union is “mistaken”, and claimed that “facts on the ground prove that settlements were never an obstacle to peace”.

Israeli Prime Minister, Benjamin Netanyahu, claimed that “the Jews are building homes in their ancient capital, Jerusalem”, and added that “world leaders remain silent when Palestinian leaders openly call for the destruction of Israel, the one and only Jewish state”, according to Netanyahu.

All of Israel’s settlements in the West Bank, and in occupied East Jerusalem, are illegal under International Law and the Fourth Geneva Convention to which Israel is a signatory.





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


Comments are closed.

<span>%d</span> bloggers like this: