Netanyahu prepares to evacuate E1 protest tents

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


BREAKING | DON’T LET ISRAEL ETHNIC CLEANSE Bab Al-Shams Village | Established by Palestinians IN Palestine! | LIVE BLOG

Maan News Agency | Jan 12, 2013

JERUSALEM (Ma’an) — Israel’s prime minister on Saturday issued orders to close all roads leading to protest tents in the E1 area east of Jerusalem, as Israel’s government prepares to remove Palestinian activists from the area, The Associated Press reported.

Palestinian activists erected over 25 tents and a medical center in the E1 area of East Jerusalem on Friday to protest Israeli settlement plans and protect Palestinian land from annexation.

Netanyahu’s office said Saturday that it would petition Israel’s supreme court to overturn an order which blocked any evacuation of the activists for six days.

The protest village, called Bab al-Shams, or ‘Gate of the Sun’, has been praised by Palestinian officials as a form of popular resistance against Israeli occupation.

Israel has, in the meantime, declared the area a closed military zone and closed off access to the area.

Palestinian activist Irene Nasser, who is at Bab al-Shams, told Ma’an that the 250-strong group will stay on the land even if Israel tries to forcibly remove them.

“One of the main things that we are trying to do here is reclaim our land,” she said.

“Bab al-Shams is another action in the wider strategy of popular resistance in Palestine, and we will not let this area turn into another Maale Adumim, which we see across the hill from us,” Nasser added.

Earlier on Saturday, Israeli forces prevented PLO official Hanan Ashrawi and PA minister of social affairs, Majida al-Masri from entering the E1 area to visit the protest tents.

A vehicle carrying the officials was stopped and searched at a checkpoint and told to go back to Ramallah, despite the fact that both officials had Jerusalem ID cards.

“Establishing a Palestinian village on Palestinian land slated for confiscation by Israel for thousands of settlement units is a form of popular resistance to the Israeli occupation and land theft,” al-Masri said.

Israel’s military handed evacuation orders to activists in the Bab al-Shams, or ‘Gate of the Sun’, protest village on Saturday, stating that the military intends to move protestors by force.

Senior Fatah official Saeb Erekat said Saturday that the Bab al-Shams protest movement is attempting to save the two-state solution at a time when Israel is determined to undermine it by building illegal settlements.

In December, Israel announced plans to build some 3,000 settler homes in the E1 corridor near Jerusalem, drawing widespread international condemnation.

Construction in E1 would divide the West Bank and make the creation of a contiguous Palestinian state – as envisaged by the internationally backed two-state solution to the Palestinian-Israeli conflict – almost impossible.




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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