“Settling” constitutes a warcime according to international law and ICC statute. Even under US’ own military legislations’
Law resources below this article
8th April 2013 | International Solidarity Movement, Aruf, Jordan Valley, Occupied Palestine
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By Team Nablus
On Monday 8 April the village of Aruf in the Jordan Valley, planted olive trees on their land accompanied by solidarity activists. The group planted twenty-five trees, dedicating them to prisoners and international activists killed by the Israeli authorities.
Palestinian activists planting an olive tree (Photo by ISM)
Just prior to the solidarity groups arrival the village reported that the army had come to the village taking pictures and examining maps. This is a regular occurrence for the village which is in the Jordan Valley, under full Israeli military control, and much of their land has been confiscated or they are forbidden to access it.
The village of Tamoun, just next door to Aruf once had 96,000 dunums but now have access to only 36,000. The land is taken by the Army for alleged security or military reasons and the illegal Israeli settlements of Begalot and Roi are both on stolen land from Aruf and Tamoun.
In addition to land confiscation the villages regularly suffer Army incursions and military activity. Once a week, since November 2012, villagers from Ras Ahmar, adjacent to Aruf and a mainly Bedouin population, are forced out of their homes from 4am until 5pm to allow the Israeli Army to undertake military training on their land. Villagers reported they use live ammunition and even fire rockets during this period. Ras Ahmar is home to 170 people, 22 families. With nowhere else to go they are forced from their beds to sit all day, in all weathers, until they are allowed to return.
Aruf, Tamoun and Ras Ahmar and villages like them are in the heart of the Jordan Valley, an area Israel is seeking to annex due to its rich resources and access to the water supply. Under direct Israeli control, Area C under the Oslo Accords, the Israeli authorities have been undertaking a systematic programme of ethnic cleansing, with many villages subject to demolition orders and regular army intimidation. In addition to this Israel seeks to extend its Apartheid Wall through the area, thus annexing the Jordan Valley, separating villages and farmers from their land, and effectively imprisoning a vastly reduced area of the West Bank.
Villagers from Aruf planting olive trees on their land (Photo by ISM)
Palestinian and international activists waving Palestinian flags (Photo by ISM)
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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).

April 9, 2013 



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