“Settling” constitutes a warcime according to international law and ICC statute. Even under US’ own military legislations’
Law resources below this article
OCCUPIED JERUSALEM, (PIC)– An international study about the forcible deportation of 150 Palestine refugee Bedouin families said that their situation has become socially and economically “non-viable”.
The joint UNRWA-Bimkom report analyzed the consequences of the relocation which started in 1997 in order to expand the Ma’ale Adummim illegal settlement built on Palestinian lands.
“The move to one central urban location has deprived these mobile pastoralist communities of social cohesion and is destroying their social fabric and traditional economic base,” the study said.
According to UNRWA Spokesperson, Chris Gunness, “the Israeli authorities are currently considering plans to create a second centralized Bedouin village in the occupied West Bank”. “However”, says Gunness “the stark conclusions of this report may lead to a reassessment of this policy”.
The rural communities targeted to be transferred to the second village reject the move, stating it will irreparably damage their social fabric and their traditional economy, as in the case of Al Jabal. If implemented, such a move may amount to individual and mass forcible transfers and forced evictions contrary to international law, the report said.
Planning NGO, BIMKOM confirmed that the type of urban plans developed by the Israeli authorities for Al Jabal is not an appropriate solution: “The allocation of a small parcel for each family and the connection to minimal infrastructure can lead to significant harm to human rights. An appropriate plan should take into account socio-cultural aspects, provide subsistence and development opportunities, be developed with the villagers themselves and must be acceptable to them.”
Al Jabal village is next to the largest rubbish dump in the West Bank, where 700 tons of wastes are disposed of each day. According to recent environmental studies, there are “high levels of toxic gases, which pose an immediate health threat to residents, but also cause internal and surface combustion at the dump site leading to explosions, land subsidence, surface fires and other safety hazards. High numbers of pests thrive on the site and its surroundings include rats, packs of dogs, cockroaches and flies, all of which pose significant health threats to livestock, the young and those of less robust health.
The study warned that if the plan being considered by the Israeli authorities to relocate all remaining rural refugee Bedouin communities from the Jerusalem periphery to a second location – or other sites in the future – goes forward, the number of displaced people would be four times higher than the number relocated to Al Jabal. UNRWA remains concerned that more than six decades after they were first displaced from their homes, Palestine refugees continue to face the threat of displacement and loss of livelihood.
“States may not deport or transfer parts of their own civilian population into a territory they occupy.”
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.
It is a grave breach of Additional Protocol I.
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.
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.
This rule is included in the legislation of numerous States.
Official statements and reported practice also support the prohibition on transferring one’s own civilian population into occupied territory.
Attempts to alter the demographic composition of an occupied territory have been condemned by the UN Security Council.
In 1992, it called for the cessation of attempts to change the ethnic composition of the population, anywhere in the former Yugoslavia.
Similarly, the UN General Assembly and UN Commission on Human Rights have condemned settlement practices.
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.
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”.
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.
 Fourth Geneva Convention, Article 49, sixth paragraph (cited in Vol. II, Ch. 38, § 334).
 Additional Protocol I, Article 85(4)(a) (adopted by consensus) (ibid., § 335).
 ICC Statute, Article 8(2)(b)(viii) (ibid., § 336).
 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).
 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).
 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).
 See, e.g., UN Security Council, Res. 446 , 452 and 476 (ibid., § 408), Res. 465 (ibid., § 409) and Res. 677 (ibid., § 410).
 UN Security Council, Res. 752 (ibid., § 411).
 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).
 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).
 24th International Conference of the Red Cross, Res. III (ibid., § 419).
 International Military Tribunal at Nuremberg, Case of the Major War Criminals, Judgement (ibid., § 421).