Israel uproots trees to prepare for new settlement of 3000 illegal settler homes In Bethlehem

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



Friday April 26, 2013 03:41 by Saed Bannoura – IMEMC & Agencies

Thursday April 25, 2013, Israeli bulldozers uprooted dozens of trees on a hill close to the Jabal Abu Ghneim (Har Homa) illegal settlement, east of the West Bank city of Bethlehem, in order to pave a new road that leads to a planned settlement neighborhood of 3000 homes for Jewish settlers.

Bethlehem Governor, Abdul-Fattah Hamayil, stated that the new violation is part of a decision made by the Jerusalem City Council to build more illegal settlement units on Palestinian lands in the area.

Hamayil added that the lands in question are not part of Area A (under Palestinian control), but are located behind the illegal Israeli Annexation Wall built in the area. He said that part of these lands are being planted by their owners, and that the army did not inform the residents of its intensions to uproot the lands.

The governor called on the owners of the lands to bring land deeds and all legal documents to the Legal Unit at his office in order to file appeals in Israeli courts against the latest violation.

Settlements Researcher at the Applied Research Institute (ARIJ) Suheil Khaliliyya, stated that the road Israel is preparing for is part of settlement neighborhood “C” that includes 3000 units, and that Israel is planning to construct 800 in the first phase.

Khaliliyya said that Israel did not give landowners any legal notices as the Jerusalem City Council refers to “Har Homa” as part of Jerusalem, and not as a settlement.

He further stated that, two years ago, Israel built a water distillation plant in “Har Homa C”, as an apparent preparation for more construction and expansion of the settlements.

The researcher said that the current phase includes the construction of two settlement neighborhoods in the area, referred to as C and D, and that each neighborhood will include 3000 units.

The project is also meant to link between Givat Hamatos, Gilo and Har Homa.

He added that the constructions are meant to boost the settlement belt that aims at isolating Jerusalem from Bethlehem, effectively preventing a viable “peace agreement” that would lead to an independent and contiguous Palestinian state.

On his part, Hasan Breijiyya, coordinator of the Popular Committee Against the Wall in Bethlehem, said that what happen in Abu Ghneim is similar to what Israel recently did in Teqoua’ village, east of Bethlehem, as the army uprooted Palestinian trees close to a settlement outpost near the village in order to expand the outpost on the expense of Palestinian lands and property.

Israel’s settlement in the occupied West Bank, including in and around occupied East Jerusalem are built in direct violation of International Law and the Fourth Geneva Convention to which Israel is a signatory.

Israel’s settlements and its Annexation Wall are turning the West Bank into isolated ghettoes, and are isolating the villagers from their own orchards and farmlands.





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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