VIDEO | As Obama lands : Palestinians erect new Bab al Shams neighbourhood


“Settling” by Israel constitutes a WARCRIME according to International Law and the ICC statute. Even under US’ own military legislation’ it is forbidden.

A Reminder to all that the Universal Declaration of Human Rights Article 13:1 states: 

“Everyone has the right to freedom of movement and residence within the borders of each state”

Law resources below this article


20th March 2013 | Popular Struggle Coordination Committee , Jerusalem, Occupied Palestine

Palestinians assert their right to protect their lands from colonialism and their opposition to American policy which keeps granting Israeli occupation and repression of Palestinians full support.

Hundreds of the Palestinians arrived this morning, Wednesday March 20th, to Eizariya and erected about 15 tents on lands of the village as new neighborhood of Bab al Shams village, on a hillside opposite to the one on which the original village of Bab al Shams was established two months ago.

Organisers stress that the action today aims “first, to claim our right as Palestinians to return to our lands and villages, second, to claim our sovereignty over our lands without permission from anyone. Third, our actions are aimed at protecting our land from continued confiscation and threat of settlement and colonization. And Fourth to expand popular resistance as one form of resistance, out of many, that our people are engaged in everywhere.

As the action today coincide with President Barack Obama’s visit to the region, activists assert their opposition to the American Administration policy, which has been complicit in Israeli occupation and colonialism. Organizers stress: “An administration that used the veto 43 times out of 79 (between 1979 to 2011) in support of Israel and against Palestinian rights, an administration that grants military aid to Israel of over three billion dollars annually, can’t have any positive contribution to achieve justice and rights of the Palestinian people.”

The village is established on the lands of Eizariya east of occupied Jerusalem in an area the Israeli government calls E1 and where it has committed to building 4000 settlement units. The hillside falls between Ma’ale Adumim settlement and Jerusalem, and is 13 square KM in size. This land belongs to the villages of Al-Issawiyeh, Eizariya, Al-Tor, Anata, and Abu Deis.

Activists consider this area to be the lands of Bab Al-Shams where we have established today a new neighborhood called “Ahfad Younis” (Younis’ Grandchildren-after the name of the main figure in Bab al Shams novel).

Residents of the new neighborhood of Bab Al-Shams invite Palestinians to join the village and participate in maintaining its steadfastness.

Bab Al-Shams is accessible through Eizariya

Media Contact: 05991070069 or 0598914541

Facebook page: https://www.facebook.com/Babalshams2013

Twitter: https://twitter.com/Bab_Alshams

Demonstrators arrive with materials to build new village

Demonstrators arrive with materials to build new village

Tent facing the Maale Adumim settlement which is the largest in the West Bank

Tent facing the Maale Adumim settlement which is the largest in the West Bank

Huge Palestinian flag is erected directly across from Maale Adumim settlement

Huge Palestinian flag is erected directly across from Maale Adumim settlement

Demonstrators hold up sign made for Obamas visit

Demonstrators hold up sign made for Obamas visit

Demonstrators at Ahfad Younis

Demonstrators at Ahfad Younis


Related in Media

  • March 20, 2013 | Open your eyes Obama and see the protests – Jews for Justice for Palestinians
  • March 20, 2013 | Palestinians install protest village to greet US President Barack Obama  – IMEMC
  • March 20, 2013 | Palestinians pitch protest camp to urge Obama action
    Middle East Online
  • March 20, 2013 | Palestinians erect new Bab al Shams neighborhood as Obama lands in Israel/Palestine – Mondoweiss
  • March 20, 2013 | Palestinians protest Obama’s visit to Israel – Al Akhbar English
  • March 20, 2013 | Palestinians greet Obama with popular resistance; army arrests dozens – 972 Magazine
  • March 20, 2013 | Demonstrations in Gaza against Obama’s visit – Ma’an News Agency

Updates March 21, 2013



LIVE BLOG | Establishment of  Bab Al-Shams Village | Photos, Video & More
LIVE BLOG | JAN 15, 2013  | Villagers Return to 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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