Israel To Demolish 39 Structures, Tents, Near Hebron

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


June 28, 2013 02:26 | by IMEMC & Agencies

File Photo of Dec 22, 2012: 3 Palestinians arrested while working their land close to illegal Israeli settlement of Suseya

File Photo of Dec 22, 2012: 3 Palestinians arrested while working their land close to illegal Israeli settlement of Suseya

Dozens of Israeli soldiers invaded Thursday [June 27 2013] the Susiya village, near the southern West Bank of Hebron, and handed 39 orders targeting tents, kitchens, structures, solar panels, a clinic, a kindergarten, a cultural center, and milk production facility.

The army informed that the residents that they need to demolish the structures, under the pretext of being built without construction permits, otherwise the army would demolish them and bill the villagers.

Jihad Nawaj’a, head of the Susiya village council stated that the army is renewing its violations and assaults against the village, in an attempt to force the inhabitants to leave so that Israel can build and expand its illegal Jewish Settlements.

He said that the orders target a kitchen, a bathroom and a residency tent that belong to resident Jamal Ismael Nawaj’a, a well and a tent for fodder that belong to Mohammad Jaber Nawaj’a, a chicken coop, a well and a tent that belong to Omran Ismail Nawaj’a, a tent for sheep and a tent for fodder that belong to Ahmad Jaber Nawaj’a, a tent and a kitchen that belong to Mohammad Jaber Nawaj’a, residency tent, kitchen, a well, and a tent for sheep that belong to Azzam Jadee’ Nawaj’a, a residency tent, kitchen and a tent for sheep that belong to Khaled Hammad Nawaj’a, a tent, a kitchen and tent for sheep, a well and a hothouse that beling to Mahmoud Nawaj’a, a residency tent and a well that belong to Nassr Nawaj’a, a tent and a chicken coop that belong to Abdul-Rahman Nawaj’a, a tent that belong to Ahmad Mohammad Nawaj’a, a tent, a kitchen that belong to Jihad Nawaj’a, and a tent that belong to Ihsan Hammad Nawaj’a.

He also stated that the army handed the village council an order for the destruction of solar panels, a milk production facility, a kindergarten, a clinic, the Social and Cultural Center, and the Susiya Cooperative Society.

Susiya has been subject to frequent Israeli military violations, and acts of destruction by Israeli soldiers and extremist Israeli settlers, as Israel is trying to force the residents out in order to build and expand its illegal settlements.





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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