Why Palestine should take Israel to The Hague
12 years, 1 month ago

Why Palestine should take Israel to The Hague

The Hindu  

Last week, the Palestinian Foreign Minister, Riad Malki, declared that if Israel persisted in its plans to build settlements in the currently vacant area known as E-1, which lies between Palestinian East Jerusalem and the Israeli settlement of Maale Adumim, “we will be going to the I.C.C.,” referring to the International Criminal Court. Israel has categorised military clashes with the Palestinians as “armed conflict short of war,” instead of the police actions of an occupying state — thus freeing the Israeli military to use F-16 fighter jets and other powerful weaponry against barely defended Palestinian populations in the West Bank and Gaza Strip. Israeli officials have known this since 1967, when Theodor Meron, then legal counsel to the Israeli Foreign Ministry and later president of the International Criminal Tribunal for the former Yugoslavia, wrote to one of Prime Minister Levi Eshkol’s aides: “My conclusion is that civilian settlement in the administered territories contravenes the explicit provisions of the Fourth Geneva Convention.” Context of war crimes Under the founding statute of the I.C.C., grave violations of the Geneva Conventions, including civilian settlements in occupied territories, are considered war crimes. Ending Israel’s impunity for its clear violations of legal norms would both promote peace in the Middle East and help uphold the integrity of international law.

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