#BabAlShams | Palestinian village of Bab Alshams violently evicted

“Settling” by Israel constitutes a WARCRIME according to International Law and the ICC statute. Even under US’ own military legislation’ it is forbidden.
Law resources below this article

13 January 2013 | PSCC, Occupied Palestine | ISM Palestine

Although established on privately owned Palestinian lands, Israel forcefully expelled residents of the village in a pre-dawn raid this morning. Six required medical attention.

Shortly before 3 am, hundreds of Israeli policemen and soldiers staged a raid on the newly founded Palestinian village of Bab Alshams (Gate of the Sun), violently evicting its 150 inhabitants. Use of police brutality is even more objectionable in light of the passive resistance offered by the residents. No arrests were made, and all persons detained were released shortly after.

In light of harsh international criticism over the plan to expand the Ma’aleh Edomim settlement, and in an attempt to draw away attention from the case, eviction took place early this morning. Following its arrival at the scene, a massive police force began by removing journalists from the residents’ immediate surroundings and proceeded to drag people away, beating some of them. Six Palestinians later required medical care at the Ramallah Hospital.

Following his release, Mohammed Khatib of the Popular Struggle Coordination Committee said, “We will not remain silent as Israel continues to build Jewish-only colonies on our land. Bab Alshams is no more, but during its short days it gave new life and energy to all who passed through it. Israel continues to act in violation of every imaginable law and human decency. In establishing Bab Alshams we declare that we have had enough of demanding our rights from the occupier – from now on we shall seize them ourselves.”

Last night the state appealed to the High Court to withdraw an injunction prohibiting the eviction. The state argued, among other things, that the very existence of the village may occasion rioting, despite its remote and isolated location. The state further argued that the village was established by the Committees to Resist the Wall (a body which does not exist), also behind a blockade of Route 443 in October 2012. This claim, backed only by an affidavit signed by an Israeli police chief, has never been supported by any indictments or arrests for the questioning of individuals.

The village of Bab Alshams was established last Friday by Palestinian activists, on privately owned Palestinian lands, in an area between East Jerusalem and the settlement of Ma’aleh Edomim, which Israel refers to as E1. After the acceptance of Palestine as a non-member state to the UN, Israel announced the approval of a plan to expand the Ma’aleh Edomim settlement by building some 4,000 residential units in this area. Such construction would effectively bisect the West Bank and effectively cutting it off from Jerusalem.

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 More pictures of the injured here: http://db.tt/56UREmL2.


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





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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