Israel Publishes Plans For New Settlement Units in West Bank

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

A Reminder to all:

The Universal Declaration of Human Rights Article 13:1 states:

 “Everyone has the right to freedom of movement and residence within the borders of each state”

Law resources below this article

Monday January 14, 2013 02:54 by Saed Bannoura – IMEMC & Agencies

The Israeli government published plans for the construction of additional 170 units, and 84 “guestroom”, for Jewish settlers in Rote m illegal settlement, in the Jordan valley, Hagit Ofran of Israel’s Peace Now movement said.

settlement_tower[1]
File – PNN

Ofran stated that the construction have been previously authorized by Israel, and that what have been declared recently is the construction plan.
Construction maps were submitted last week for review; they include 200 homes (30 have already been built), in addition to construction plans for 84 “guestrooms”.

Ofran further stated that the Israeli public has 60 days for file objections, and that after all objections, if any, have been reviewed, the Construction and Planning Committee will be deciding whether to approve or reject the plan (although a rejection is a rare occurrence).

The Rotem settlement in the Jordan village is located in “Area C” in the occupied West Bank; the area under the Oslo peace deals is under “Israeli civil and military control”.

There are numerous calls by Israeli right wing parties demanding the Israeli government to “annex” area C (%60 of the occupied West Bank) to regard it as “part of the state of Israel”.

After the Palestinians managed to obtain an observer state status at the United Nations General Assembly in November of last year, the Israeli government decided “to punish” them by tripling its illegal settlement activities in the occupied territories, in addition to continuing to block the transfer of tax money Israel collects on behalf of the Palestinian Authority on border terminals (around $150 a month).

The International Law does not recognize settlements and considers them illegal; this includes settlements built in and around occupied East Jerusalem.

Several countries around the world, mainly in Europe, denounced Israel settlements plans, especially Israel’s illegal E1 settlement project that aims at building thousands of units for Jewish settlers in occupied East Jerusalem and the occupied West Bank.

The United States found is “suffice” to declare that the Israel plan was “counterproductive”, and called on both Israel and the Palestinians to “refrain from conducting unilateral moves that obstruct the efforts to resume direct peace talks”

E1 would effectively kill the chances of a “two-state solution” as Israel’s settlement are blocking any geographical contiguity between the Palestinian communities, and the new E1 project would split the West Bank into two parts, and would completely isolate Palestinian communities in East Jerusalem from the rest of the occupied West Bank.


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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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