Overview | UN Human Rights Council condemns Israeli Settlements (Incl. Action Alert)

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



Maan News Agency | Jan 31, 2013

By Noah Browning

198404_345x230[1]RAMALLAH (Reuters) — Palestinian officials welcomed a UN Human Rights Council report on Thursday highly critical of Jewish settlements in the occupied West Bank, saying it vindicated their struggle against Israel.

The UN investigation, which Israel boycotted, urged Israel to halt settlement construction unconditionally and begin removing all 500,000 Israeli settlers from occupied territory immediately.

“This is incredible. We are extremely heartened by this principled and candid assessment of Israeli violations,” said Hanan Ashrawi, a senior official in the PLO.

The UN report, issued in Geneva, said the settlements contravened the Fourth Geneva Convention forbidding the transfer of civilian populations into occupied territory and could amount to war crimes that fall under the jurisdiction of the International Criminal Court.

Last year the United Nations General Assembly granting Palestine de facto statehood in territories Israel captured in the 1967 Middle East war.

The enhanced diplomatic status gives Palestine access to many world bodies, including the ICC, and Palestinian leaders have said they might try to haul Israel before the court unless it halts the settlements and engages in meaningful negotiations.

“The report confirms and deepens the application of international law and shows that the law applies to all, and no one is above it,” Palestinian government spokesperson Nour Odeh said.

Israel’s foreign ministry condemned the report as “counterproductive and unfortunate,” adding that the only way to resolve the dispute was through direct negotiations.

US-brokered talks between the two sides broke down in 2010 over the issue of settlement building. Palestinian leaders say they will not return to negotiations until the construction stops. Israel says there must be no preconditions.

Fatah, the party that holds sway over Palestinian-administered areas of the West Bank, said on Thursday that Israeli rights violations were undermining the chances of peace.

“(Fatah) does not see any real opportunity for the resumption of the peace process and negotiations with the continued policy of settlement expansion, especially in Jerusalem, which would destroy the principle of a two-state solution,” it said in a statement.

“It rejects dubious schemes to end the Palestinian cause through any temporary state, or other solutions which detract from the right of our people to self-determination. The rules of conflict have changed.”

Israel captured East Jerusalem in the 1967 war and later annexed the territory, proclaiming the city as their “eternal and indivisible” capital. Palestinians want to create the capital of their own state in the eastern half of Jerusalem.

Israel has called the Palestinian maneuvers in international bodies “diplomatic terrorism”, while President Mahmoud Abbas last week said a “legal, diplomatic war” in the UN arena was a fair option for his government.

Related

  • Jan 31, 2013 | UN: Israeli settlements violate internationall law; Israel must ‘immediately initiate process of withdrawal’; Governments s & companies must ‘[terminate] their business interests in settlements’  – Mondoweiss
  • Jan 31, 2013 | UN inquiry says Israel must end settlements – Al Jazeera
  • Jan 31, 2013 | Israel must withdraw all settlers or face ICC, says UN report – guardian
  • Jan 31, 2013 | UN human rights inquiry says Israel must remove settlers – Maan
  • Jan 31, 2013 | U.N. rights inquiry says Israel must remove settlers | More
  • Jan 31, 2013 | UK consul visits Hebron, condemns settlements | More
  • Jan 31, 2013 | Israel must end illegal settlements – UN inquiry – RTE
  • Jan 31, 2013 | West Bank settlements violate Palestinian human rights, according to UN  – Al Bawaba
  • Jan 31, 2013 | Permanent illegal occupation: Israeli plan to establish an Educational Complex in the village of Anata – More
  • Jan 31, 2013 | UN warns Israeli regime on settlements – PressTV
  • Jan 31, 2013 |  Saudi Foreign Minister calls for UN Security Council to account for failure to resolve Palestine issue – Middle East Monitor
  • Jan 31, 2013 | UN report says Israel could be prosecuted for war crimes over settlements – Telegraph
  • Jan 31, 2013 | Ashrawi calls Human Rights Council report “clear, bold and courageous” – MEMO
  • Febr 1, 2013 | PLO urges world to implement UN settlements report – Maan
  • Febr 2, 2013 | Islamic Summit in Cairo to address Israel settlements – Maan
  • Febr 2, 2013 | Euro-mid observer hails UN report on settlement – PIC
  • Febr 2, 2013 | UN Mission Condemns Israeli Settlements – Stephen Lendman
  • Febr 2, 2013 | Barak sanctions establishment of 346 (illegal) housing units – PIC
  • Febr 2, 2013 | European initiative urges UN to act against Israel’s settlement building – PIC
  • Febr 4, 2013 | Report: Israel established 482 illegal outposts last year – PIC
  • Febr 4, 2013 | U.N. Settlement Report: Perverting the Truth – Daily Beast
  • Febr 5, 2013 | Iran calls for immediate halt to Israeli settlements in Occupied Palestine – Tehran Times


GROUND BREAKING REPORT


ACTION ALERT:ACTION NOT WORDS!

Stop EU funding of Israeli military companies and illegal settlements

Febr 1, 2013 | Palestine Solidarity Campaign and International Solidarity Movement

Join and spread widely the latest EU-wide call to stop funding of Israeli military companies and illegal settlements:

As more and more of us become aware of the injustices against Palestinians denied their basic rights, the situation is becoming even more desperate on the ground. It has never been more important for us to make our elected representatives aware of the growing and unstoppable pressure for peace and justice.

The EU should be playing a leading role in implementing policies to ensure that Israel ends its illegal occupation and respect Palestinian human rights and international law. Instead, they are supporting Israel’s occupation by:

  • allowing illegal settlement products to be traded in the UK and across Europe
  • by using EU tax-payer money to fund Israeli military companies who are responsible for killing civilians and supporting Israel’s military occupation

It is time for actions, not words. Tell the EU to act today.

Read the full letter and sign the call here today: http://psc.iparl.com/lobby/96. Please spread widely.

Join and spread widely the call from Palestine to EU citizens to urge representatives to suspend trade agreements with Israel until it complies with international law, initiated by Palestinian grass-roots organizations recently:

Send letters to EU Prime Ministers and Foreign Ministers (in all EU languages!)

Send letters to Members of European Parliament (MEPs) (in all EU languages!)

Please send letters today and spread widely. When people lead, governments follow.

http://palsolidarity.org/2013/02/action-not-words-stop-eu-funding-of-israeli-military-companies-and-illegal-settlements


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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