Israel To Build Hundreds Of Units In Settlements, Illegal Outposts, to sabotage peace

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


Monday August 12, 2013 05:33 |  by Saed Bannoura – IMEMC & Agencies

P.A.: “Israel Wants To Sabotage Peace Talks”

[Sunday August 11, 2013] Israeli sources have reported that the Israeli government intends to build hundreds of units for Jewish settlers, not only in settlements and in settlement blocs in the occupied West Bank and occupied East Jerusalem, but also in illegal isolated settlement outposts.

settlement_2[1]
Israeli Settlement – File Arabs48

The sources said that the move comes parallel with the resumption of direct negotiations with the Palestinians, scheduled to start Wednesday, and added that Israeli Prime Minister, Benjamin Netanyahu, is coordinating these settlement activities with the White House.

Israeli Maariv reported that Tel Aviv handed a “modified construction plan” to the U.S. in exchange for the release of Palestinian detainees held since before the first Oslo Agreement of 1993. Hundreds of units will be declared in Jerusalem and the West Bank under this plan.

The Arabs48 news website reported that a senior U.S. source stated that the planned constructions are part of Israel’s “carrot and stick policy” that will enable Netanyahu to keep his coalition government intact, and resume the peace process.

It added that this is why Netanyahu agreed to release 101 Palestinian political detainees, imprisoned since the first Oslo accord was signed between Israel and the Palestinian Liberation Organization (PLO).

Maariv said that the statement, the Netanyahu government will be making, will not come as a surprise to the U.S. Administration, as it was coordinated with the White House.

Last Thursday, United Foreign Secretary, Jennifer Psaki, stated in a press conference that the next round of direct Palestinian-Israeli talks will be held on August 14 in Jerusalem, then in the West bank city of Jericho.

On Friday, Psaki said that the United States still considers settlements to be illegal, but also hinted to an agreement between the Obama Administration and Tel Aviv regarding constructions in existing settlements.

She said that the construction of 800 units in Israeli settlements was discussed during talks between the two countries before the resumption of direct peace talks was officially announced.

On Sunday [August 11, 2013] Israeli “Housing Minister”, Uri Ariel, and the Jerusalem City Council head, Nir Barkat, placed the cornerstone of a new settlement on Palestinian lands in Jabal Al-Mokabbir Palestinian town, south of occupied East Jerusalem.

In related news, Israeli Justice Minister, head of the Israeli Negotiations file, Tzipi Livni, said that the European Union should not intervene in the drawing of future borders between Israel and the Palestinians, and claimed that the issue is on the negotiation table.

Her statements came during a Sunday meeting in Jerusalem with German Foreign Minister, Guido Westerwelle.

She also said that the conflict with the Palestinians sometimes affects the relations with Europe.

On his part, Westerwelle said that direct peace talks serve the best interests of all parties, and stressed on the importance of refraining from unilateral moves.

On Sunday evening, Palestinian Presidency Spokesperson, Nabil Abu Rodeina, stated that the new Israeli decision to build more than a thousand units, in the West Bank and East Jerusalem, is an Israeli attempt to sabotage the peace process before it is even resumed.

He said that all of Israel settlements in the occupied territories are illegal and illegitimate under International Law, and added that “not a single Israeli settlement will remain in the future independent Palestinian state.

Besides the fact that settlement are illegal under International Law and the Fourth Geneva Convention, they are also one of the main obstacles to peace in the region as they are built in occupied territories, largely on privately-owned Palestinian lands.

Along with the Apartheid Wall, settlements have turned the Palestinian areas into isolated ghettoes, separating the villagers from their lands, or what is left of them, and diminished the chances of establishing a future contiguous and independent Palestinian State.





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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