Israel prepares to build 1,000 new homes in occupied East Jerusalem

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

Israel will reportedly build more than 1,000 new homes in East Jerusalem as part of its ongoing ethnic cleansing program in the occupied territories. It comes amid the latest complaints by Palestinians that their homes have been illegally bulldozed.

Construction contracts for 300 homes in the northeastern settlement of Ramot were signed, and another 797 land plots in the much larger settlement of Gilo in Jerusalem were listed for sale. Danny Seidemann, a director of the Jerusalem settlement watchdog group Terrestrial Jerusalem, told AFP that the building was quietly ordered last year by Israeli Prime Minister Benjamin Netanyahu.

The housing project is certain to draw the ire of the international community, which cites international law nullifying Israel’s domain over the region, which the country annexed after the 1967 Six-Day war. Netanyahu has reportedly pushed the project under the carpet temporarily so as not to impact US Secretary of State John Kerry’s efforts to bridge peace talks between Israel and Palestine.

The news of the land purchases is said to have been leaked by Israeli Housing and Construction Minister Uri Ariel in an effort to pressure the prime minister.

This does not mean that the show is over, it does mean that Netanyahu’s minister of construction is trying to achieve that,” Seidermann told the AFP. “There is a de facto freeze at the moment, there have been no new units since the elections. This is an attempt to force Netanyahu’s hand.”

 

east-jerusalem-2[1]

A Palestinian youth is arrested by Israeli security as bulldozers destroy a Palestinian home in Arab east Jerusalem’s neighborhood of Beit Hanina, on May 29, 2013 (AFP Photo / Ahmad Gharabli)

The leak coincides with news that Israeli forces demolished two Palestinian homes in Beit Hanina, in East Jerusalem. The destruction was closed off to media and pedestrians but Badran al-Salameh, who owns the homes, told the Palestinian Ma’an News Agency he was not given prior notice of the demolition.

My son’s wife and his two kids were the only ones inside the house,” he said. “I tried to reach my home when I heard from neighbors but Israeli officers banned me. I wanted to take out my wife’s gold and money from one of the drawers.”

The incident in question came as a result of the Salameh family reportedly lacking Israeli building permits, a justification Tel Aviv has used to forecefully displace over 1,630 non-Jewish families since 1967.

Palestinian leaders have demanded a halt to Israeli settlement construction before the continuation of so-called peace talks, which have remained stagnant for nearly three years. Despite Kerry’s four trips to the region since being made Secretary of State, those close to the situation say the instability is unlikely to be resolved.

Kerry is still unable to put pressure on the Israeli government to meet its obligations under the terms of the peace process,” Palestinian negotiator Nabil Sha’ath told the Jerusalem Post Wednesday. “This is not because Kerry does not want but because he is unable to exert pressure on Israel. Israel is responsible for obstructing the peace process.”





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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