Palestinian report confirms continuation of Israeli violations in Jerusalem

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

[ PIC 01/01/2013 – 07:07 PM ]

images_News_2013_01_01_child-arrest3_300_0[1]

OCCUPIED JERUSALEM, (PIC)– Wadi Hilweh Information Center in Silwan revealed the arrest of 350 Palestinians during the last six months until the end of 2012, including dozens of children and women, in a report released on Monday.

The report shed light on the most prominent Israeli violations in Jerusalem, including arrests, house demolitions, attacks on Jerusalemites and their properties, and settlement projects, in addition to the closure of Palestinian institutions operating in the city.

The report considered the arrest and home detention aim to break the will of the Jerusalemite citizen and dissuade him from expressing his refusal to the Israeli racist practices.

The Israeli arrest campaign has targeted Palestinian children less than 16 years, where they were subjected to interrogation, paying fines, and home detention in order to affect his psyche and to restrict his freedom.

During the last six months, more than 350 Jerusalemites were arrested, including children and women, most of them from Silwan and Issawiya, where 60 Jerusalemites were arrested each month.

The report pointed out to the Israeli demolition policy in Jerusalem, where 26 houses were demolished in Jerusalem during the second half of 2012.

The demolition orders were concentrated particularly in Silwan, in addition to other neighborhoods, as settlers took over a number of other buildings, including residential buildings of five floors in Jabal al-Makbar.

Furthermore, the report said the past six months have witnessed several settlers’ attacks on young people and Islamic and Christian religious sites.

The report noted that the village of Issawiya has witnessed difficult circumstances and unprecedented violations during the last two weeks of December, where IOF carried out home raids, arrests and clashes.

Regarding deportation policy, occupation authorities banned 40 Jerusalemites, including women and men, from Al-Aqsa Mosque and the Old City of Jerusalem for varying periods starting from 15 days and up to six months.

The report pointed out that Jerusalem schools have witnessed a number of attacks and intrusion attempts by Israeli soldiers or undercover units, as happened at the Silwan and Tour.

The Umayyad and Abbasid monuments in Silwan were also subjected to Israeli attacks, including the Department of Antiquities and the Jerusalem municipality.

Regarding settlement projects, the report stated that the settlement activity markedly increased in 2012 where tenders were invited for the building of 2386 while tenders were invited for 312 settlement units in 2011.





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).


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

The facts. Mainly Israeli sources. Continuously updated


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