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

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Palestinians react after their homes were destroyed by Israeli bulldozers near the village of Yatta south of the West Bank city of Al-Khalil on May 5, 2011.

PressTV | Sat Apr 27, 2013 5:45AM GMT

Follow @PressTV The European Union said that on May 14, 2012 it had called on Tel Aviv to meet its obligations concerning the living conditions of the Palestinians in Area C, including suspending forced transfers of people and demolition of Palestinian housing and infrastructure.”

The European Union has criticized Israel for demolishing several Palestinian structures in the West Bank, including East Jerusalem (al-Quds), and displacing dozens of people. In a Friday statement, EU missions in Jerusalem and Ramallah expressed deep concern over the move by the Tel Aviv’s regime to destroy 22 structures across the West Bank on April 23 and 24, which displaced 28 people, including 18 children and affected 120 others including 57 children. EU missions said that some of the demolished structures had been financed by EU member states. “Since the year 2008 more than 2,400 Palestinian houses and structures have been demolished in Area C of West Bank and east Jerusalem, displacing more than 4,400 people,” the statement said. It further read that, on May 14, 2012 the EU had called on Tel Aviv to meet its obligations concerning the living conditions of the Palestinians in Area C, including suspending forced transfers of people and demolition of Palestinian housing and infrastructure. Places in Area C are under full control of Israeli security forces. Meanwhile, French Foreign Ministry spokesman Philippe Lalliot denounced the move by the Israeli troops to demolish a Palestinian Bedouin camp in the north of the Jordan Valley as the violation of international human rights standards. “France has made representations to the Israeli authorities to stop the destruction of homes, the displacement and the destruction… in Area C, which are contrary to international humanitarian law,” Lalliot said. He added that he camp, which was “clearly identifiable, had been funded by France. Also on Friday, the UN Office for Coordination of Humanitarian Affairs said that some 60 people, including 36 children, were displaced following the demolition of two farms and a Palestinian restaurant in Area C. YH/HN (end) Related

GROUNDBREAKING REPORT | How Europe helps sustain Israel’s illegal settlements – The Rights Forum











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



