EU slams Israeli settlement policy in West Bank

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

Even EU slamming illegal settling has a double agenda of hypocrisy:

READ THE GROUNDBREAKING REPORT:

How Europe helps sustain Israel’s illegal settlements”by The RightsForum (NGO headed by former PM Dries van Agt of the Netherlands)
Law resources below this article

[ PIC 27/02/2013 – 09:38 PM ]

images_News_2013_02_27_eu_300_0[1]
Agencies, PIC– The European Union has recommended its 27 member states to “prevent” all financial transactions that support Israel’s settlement activities in the occupied West Bank, according to an internal report on Jerusalem, revealed AFP.

In its Jerusalem Report 2012, the European Union described Israel’s settlement construction in east Jerusalem as “systematic, deliberate and provocative” and as “part of a strategy aimed at preventing the holy city from being divided and used as the capital for two states”.

The report, authored by EU heads of missions in Jerusalem and Ramallah, urged the member states to halt or avoid any financial investment or transactions which could directly or indirectly feed into Israel’s settlement-building enterprise — in an effective call for economic sanctions.

It makes six recommendations on economic issues; suggesting member states “prevent, discourage and raise awareness about problematic implications of financial transactions, including foreign direct investments, from within the EU in support of settlement activities, infrastructure and services.”

EU diplomats flagged construction on the southern flank of east Jerusalem — in Har Homa, Gilo and Givat HaMatos — as being the “most significant and problematic”.

In 2012, tenders were issued for 2366 new units which was “more than twice” the total number issued over the preceding three years, the report said, noting most were for construction in Har Homa.

It also highlighted Israel’s plans to build 3,426 units in E1 — a deeply sensitive strip of West Bank land east of Jerusalem, saying if implemented; it would threaten “2,300 Bedouin with forcible transfer” and effectively cut the West Bank in half.

United Nations Secretary-General Ban Ki-moon has also recently renewed his call for Israel to withdraw construction plans for the controversial E1 area of the West Bank,

The UN chief said he was “following with concern” developments regarding Israel’s plans for the area.

The report stated that Ban stressed that Israeli settlements in the West Bank are illegal under international law and “repeated his call that any such settlement plans for E-1 must be rescinded.”

“In this particularly difficult period for the region, all concerned should make serious efforts towards creating the conditions for resumption of meaningful peace negotiations and to protect the future of the peace process, which is in danger,” United Nations Secretary-General added.

The Israeli settlement decisions raised European and American criticism. However, the United States prevented its condemnation in the UN Security Council, while the Israeli Prime Minister Benjamin Netanyahu said that his government will continue settlement expansion.

For his part, MP Jamal Khudari the head of the Popular Committee against the Siege welcomed of the EU report.

Khudari considered in a press statement on Thursday “this recommendation as a real step in the right direction, but still not sufficient in facing the Israeli attacks, the daily practices and the expansion and construction of new settlements. This requires taking an international firm stance and exercising more pressure to end the settlement activity.”

He called on the international community and the free people in the world to confront the settlement activity in order to stop it once and for all.





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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