“Settling” constitutes a warcime according to international law and ICC statute. Even under US’ own military legislations’
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[ PIC 13/06/2013 – 09:28 PM ]
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OCCUPIED JERUSALEM, (PIC)– Israeli occupation police closed main streets leading to the Old City in occupied Jerusalem on Thursday, local sources said.
The Israeli decision to close the streets came due to the preparations for the organization of the Formula 1 race, which will take place on Thursday and Friday in the occupied city of Jerusalem with the participation of the Ferrari World team, under the sponsorship Kaspersky Company specialized in computer protection programs.
The police declared, in a statement, their intention to close the streets leading to al-Khalil, Asbat, and Al Magharibah Gates in the Old City on Thursday and Friday, according to Jerusalemite sources.
The race will be launched from the neighborhoods in the western part of Jerusalem towards the eastern part, in the vicinity of the Old City wall.
For its part; the Jerusalem’s Sports Federations Group asserted that the Ferrari race comes within the framework of the Judaization plans implemented by the occupation in the city of Jerusalem.
Meanwhile, the Israeli police, accompanied with bulldozers and trucks, evacuated on Wednesday Wadi Joz car park east of Jerusalem claiming that it belongs to Israel Lands Administration (ILA).
Siyam, Abu Ta’a, and Farhan families confirmed that the car park was established on their own lands, declaring their intention to prosecute the ILA for its racial policy.
The families confirmed that the Israeli authorities have notified them since 6 months to evacuate the car park.
The park owners affirmed that they have official documents confirming their ownership of the land, where they appealed to the Israeli Municipal Authorities which permitted them to rehabilitate the park to be used as a car park, however they were surprised yesterday by the ILA breaking into the park.
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).
Source Article from http://occupiedpalestine.wordpress.com/2013/06/13/israeli-occupation-closes-streets-confiscates-lands-in-jerusalem/
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