“Settling” constitutes a warcime according to international law and ICC statute. Even under US’ own military legislations’
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[ PIC 20/01/2013 – 09:33 PM ]
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GAZA, (PIC)– Hamas Media Bureau said in a report issued concerning the escalating Israeli settlement schemes over the past year, that the settlements have increased four times in 2012 compared with 2011.
The report pointed out that during 2012 the Israeli occupation government put 6932 new housing units in West Bank and occupied Jerusalem settlements to tender compared with 1772 housing units in 2011, and 569 housing units in 2010.
The report stressed that the IOA approved during the past year huge settlement projects in “Gilo “and” Har Homa “and the” Givat Hamatos “south of Jerusalem, and in the” Pisgat Ze’ev “and” Ramat Shlomo “north of the city.
It also noted that the occupation continued in implementing this settlement policy at an accelerated pace with the beginning of this year to include plans to build thousands of settlement units in the area known as the “E-1” located between Jerusalem and the settlement of “Ma’ale Adumim”.
The occupation seized tens of thousands of acres in al-Khalil and surrounding towns and villages, where about a thousand Palestinians received notices to evacuate their homes in the northern Jordan Valley at the pretext of conducting military exercises.
The occupation forces started demolishing houses in Jerusalem and imposing expensive fines and handing dozens of demolition notices, and announced the establishment of a new outpost in the Ras al-Amud in Jerusalem, in addition to confiscating lands of the Palestinian village of Beit Iksa.
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).