#BabAlShams village forbidden, but Israel approves 198 new settlement homes

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

Maan News Agency | Jan 16, 2013

Jewish settlers carry wooden planks as they build a structure at an 
unauthorized outpost near the settlement of Kiryat Arba outside the 
West Bank city of Hebron in 2012. (Reuters/Baz Ratner, File)

Jewish settlers carry wooden planks as they build a structure at an
unauthorized outpost near the settlement of Kiryat Arba outside the
West Bank city of Hebron in 2012. (Reuters/Baz Ratner, File)

TEL AVIV, Israel (Ma’an) — Israel’s housing ministry released government tenders for the construction of 198 new settlement units in the occupied West Bank, Israeli media reported Wednesday.

Noting the timing before national elections, Israel’s Ynet news site reported that the announcement invited developers to bid on two projects in Efrat and Kiryat Arba.

Both settlements are in the Hebron area of the occupied Palestinian West Bank and considered illegal under international law.

The announcement came two weeks ahead of an Israeli election the incumbent prime minister’s joint party list is expected to win. Benjamin Netanyahu has repeatedly promised to hold on to settlements in the occupied West Bank, including East Jerusalem, and expanded them during his term.

A centrist challenger, former Foreign Minister and peace negotiator Tzipi Livni, has made Israel’s international isolation under Netanyahu the focus of her campaign.

Israeli anti-settlement group Peace Now said meanwhile that approval for construction in 2012 far exceeded by a “record level” the counts for the previous two years.

Israeli authorities issued 3,148 such tenders in 2012 – the highest single-year figure in a decade – compared with 1,321 in 2011 and 663 in 2011, Peace Now said.

Netanyahu’s settlement policies, Peace Now said, “disclose a clear intention to use settlements to systematically undermine and render impossible a realistic, viable two-state solution to the Israeli-Palestinian conflict”.

Almost 40 percent of the new building sites were in what Peace Now called “isolated settlements”, and not the more built-up blocs which the government says Israel will keep in any deal with the Palestinians.

Also Wednesday, Netanyahu’s office declined comment on an un-sourced column by US writer Jeffrey Goldberg, which described Obama as frustrated at West Bank settlement building.

“Obama said privately and repeatedly, ‘Israel doesn’t know what its own best interests are’,” Goldberg wrote in the column published Tuesday by Bloomberg.

The president “seems to view the prime minister as a political coward, an essentially unchallenged leader who nevertheless is unwilling to lead or spend political capital to advance the cause of compromise”, added Goldberg.

Some Israeli commentators saw the column as payback for Netanyahu’s perceived back-room lobbying on behalf of Republican Mitt Romney in his failed run against Obama in November’s US election. Netanyahu has denied any such meddling.

Reuters contributed to this report.


LIVE BLOG | Jan 11, 2013 | Palestinians establish Bab Al-Shams on own land
LIVE BLOG | Jan 15, 2012 | Palestinians return & attacked again in Bab Al-Shams





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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