January 22, 2013 
[ PIC 21/01/2013 – 10:58 AM ]
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OCCUPIED JERUSALEM, (PIC)– The Hamas Movement strongly denounced the international silence on Israel’s decision to annex the whole lands of Beit Iksa village in the West Bank.
In a press release, Hamas condemned the international community for its connivance in Israel’s persistent violations in the occupied Palestinian territories.
Hamas also hailed the efforts that had been made during the last two days by Palestinian activists to confront the Israeli decision to appropriate Beit Iksa lands, and urged them to stand their ground and keep resisting Israel’s settlement expansion activities.
Hamas called on the Arab and Muslim countries to actively move to support the Palestinian villages in the face of Israel’s settlement plans.
Palestinian local groups set up a new tented protest village on the siezed lands of Beit Iksa village and named it Al-Karamah on Friday, the second such initiative against Israeli settlement building in about a week.
Last Wednesday, the Israeli occupation forces (IOF) had torn down the tented village Bab Ashams east of Jerusalem that was set up to protest Israel’s plans to build the E1 settlement project on the land, severing the West Bank from Jerusalem.
However, the IOF on Sunday raided the newly erected Palestinian protest village Al-Karamah and wounded many activists.
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:
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