Legal Background Israel and Palestine
What national and international Laws govern the conflict? What of Geneva Conventions? UN resolutions? US Law?
Saturday, October 25, 2003
PA: IDF raids in Nablus hospitals violate international law
Haaretz Article: "PA: IDF raids in Nablus hospitals violate international law | By The Associated Press | Saturday, October 25, 2003
Dozens of Israel Defense Forces troops wearing black ski masks and armed with assault rifles raided two West Bank hospitals before dawn Saturday, arresting two Palestinian terror suspects, including a critically injured patient, witnesses and the military said.
Palestinian Authority minister Saeb Erekat slammed the raids, and accused Israel of violating international human rights laws.
"This is a very grave measure by the Israeli army," Erekat said. "This is the most flagrant violation of the
Fourth Geneva Convention when hospitals are not safe anymore from Israeli atrocities."
Haaretz Article: "PA: IDF raids in Nablus hospitals violate international law | By The Associated Press | Saturday, October 25, 2003
Dozens of Israel Defense Forces troops wearing black ski masks and armed with assault rifles raided two West Bank hospitals before dawn Saturday, arresting two Palestinian terror suspects, including a critically injured patient, witnesses and the military said.
Palestinian Authority minister Saeb Erekat slammed the raids, and accused Israel of violating international human rights laws.
"This is a very grave measure by the Israeli army," Erekat said. "This is the most flagrant violation of the
Fourth Geneva Convention when hospitals are not safe anymore from Israeli atrocities."
Friday, October 24, 2003
United Nations General Assembly overwhlemingly demands a halt to construction of the security barrier: US and Israel isolated
VOANews.com: "UN General Assembly Condemns Israeli Security Barrier in Near-Unanimous Vote | Peter Heinlein | United Nations | 22 Oct 2003, 03:28 UTC
...
The United Nations General Assembly has overwhelmingly adopted a resolution condemning Israel's construction of a security barrier that swerves deep into Palestinian territory. The vote was 144 to four, with 12 abstentions. The United States was the only major country to join Israel in opposing the measure.
...
It was also a further rebuff to the United States, which stood diplomatically isolated after its veto blocked a similar resolution last week in the Security Council. The only countries standing with the United States and Israel were Micronesia and the Marshall Islands, both tiny Pacific Island nations.
...
As finally crafted, the resolution demands a halt to construction of the security barrier -- calling it a violation of international law.
...
Israeli Ambassador Dan Gillerman expressed his contempt for the proceedings, calling it a humiliating farce. Without mentioning the European Union by name, he lashed out at the EU for agreeing to sponsor the compromise resolution. "We would like to express our disappointment with the role played by certain states who seek or claim a role as promoters of the peace process," he said.
...
As Ambassador Gillerman headed for the exit, Palestinian observer Nasser al-Kidwa made a brief statement, thanking the resolution's supporters. His comments included only one sentence response to the Israeli ambassador. "Insolence and arrogance only become occupiers and colonialists."
VOANews.com: "UN General Assembly Condemns Israeli Security Barrier in Near-Unanimous Vote | Peter Heinlein | United Nations | 22 Oct 2003, 03:28 UTC
...
The United Nations General Assembly has overwhelmingly adopted a resolution condemning Israel's construction of a security barrier that swerves deep into Palestinian territory. The vote was 144 to four, with 12 abstentions. The United States was the only major country to join Israel in opposing the measure.
...
It was also a further rebuff to the United States, which stood diplomatically isolated after its veto blocked a similar resolution last week in the Security Council. The only countries standing with the United States and Israel were Micronesia and the Marshall Islands, both tiny Pacific Island nations.
...
As finally crafted, the resolution demands a halt to construction of the security barrier -- calling it a violation of international law.
...
Israeli Ambassador Dan Gillerman expressed his contempt for the proceedings, calling it a humiliating farce. Without mentioning the European Union by name, he lashed out at the EU for agreeing to sponsor the compromise resolution. "We would like to express our disappointment with the role played by certain states who seek or claim a role as promoters of the peace process," he said.
...
As Ambassador Gillerman headed for the exit, Palestinian observer Nasser al-Kidwa made a brief statement, thanking the resolution's supporters. His comments included only one sentence response to the Israeli ambassador. "Insolence and arrogance only become occupiers and colonialists."
Tuesday, October 21, 2003
UN Assembly Orders Israel to Halt West Bank Wall: 144-4
Excite - News: "UN Assembly Orders Israel to Halt West Bank Wall | Oct 21, 10:36 pm ET | By Irwin Arieff
UNITED NATIONS (Reuters) - The U.N. General Assembly overwhelmingly approved late on Tuesday a resolution demanding that Israel halt construction of a barrier cutting deep into Palestinian West Bank lands.
The vote was 144-4 with 12 abstentions, with the United States and Israel voting 'no' along with the Marshall Islands and Micronesia.
...
In the end, all 15 EU nations agreed to sponsor the compromise draft, which demanded that the Jewish state 'stop and reverse the construction of the wall in the Occupied Palestinian Territory' and calling the barrier 'in contradiction to relevant provisions of international law.'"
...
The Palestinians enjoy strong support in the assembly and the United States, Israel's closest ally, has no veto there. But General Assembly resolutions merely express the will of the international community while Security Council resolutions can be binding under international law.
Excite - News: "UN Assembly Orders Israel to Halt West Bank Wall | Oct 21, 10:36 pm ET | By Irwin Arieff
UNITED NATIONS (Reuters) - The U.N. General Assembly overwhelmingly approved late on Tuesday a resolution demanding that Israel halt construction of a barrier cutting deep into Palestinian West Bank lands.
The vote was 144-4 with 12 abstentions, with the United States and Israel voting 'no' along with the Marshall Islands and Micronesia.
...
In the end, all 15 EU nations agreed to sponsor the compromise draft, which demanded that the Jewish state 'stop and reverse the construction of the wall in the Occupied Palestinian Territory' and calling the barrier 'in contradiction to relevant provisions of international law.'"
...
The Palestinians enjoy strong support in the assembly and the United States, Israel's closest ally, has no veto there. But General Assembly resolutions merely express the will of the international community while Security Council resolutions can be binding under international law.
Thursday, October 16, 2003
Palestinians Seek U.N. GA in Wall Dispute after US veto
Excite News: "Palestinians Seek U.N. in Wall Dispute | Oct 16, 11:22 PM (ET) | By BARBARA BORST
UNITED NATIONS (AP) - The Palestinians said Thursday they want the U.N. General Assembly to condemn Israel for building a barrier that juts into the West Bank after the United States blocked the Security Council from declaring it illegal.
The Palestinians also are seeking to raise the issue of the barrier before the International Court of Justice, in The Hague, Netherlands, said Nasser Al-Kidwa, the Palestinians' U.N. observer.
...
Al-Kidwa told The Associated Press on Thursday that the Palestinians have asked the assembly to consider two draft resolutions. One is similar to a resolution the United States vetoed in the Security Council on Tuesday that calls for the barrier to be torn down.
The other, he said, would ask the world court to issue an advisory opinion on whether Israel should be required to halt construction and to dismantle the sections already built.
Excite News: "Palestinians Seek U.N. in Wall Dispute | Oct 16, 11:22 PM (ET) | By BARBARA BORST
UNITED NATIONS (AP) - The Palestinians said Thursday they want the U.N. General Assembly to condemn Israel for building a barrier that juts into the West Bank after the United States blocked the Security Council from declaring it illegal.
The Palestinians also are seeking to raise the issue of the barrier before the International Court of Justice, in The Hague, Netherlands, said Nasser Al-Kidwa, the Palestinians' U.N. observer.
...
Al-Kidwa told The Associated Press on Thursday that the Palestinians have asked the assembly to consider two draft resolutions. One is similar to a resolution the United States vetoed in the Security Council on Tuesday that calls for the barrier to be torn down.
The other, he said, would ask the world court to issue an advisory opinion on whether Israel should be required to halt construction and to dismantle the sections already built.
U.S. Vetoes UN measure requiring deconstruction of Wall
Excite News: "U.S. Vetoes U.N. Condemnation of Israel | Oct 15, 11:34 AM (ET) | By NICK WADHAMS
UNITED NATIONS (AP) - After a U.S. veto in the Security Council, the Palestinians promised to seek a U.N. General Assembly vote on a resolution condemning Israel for building a massive security fence that critics say essentially freezes the Mideast peace process.
The United States was the lone vote against the resolution on the 15-member Security Council Tuesday, though four nations abstained. The vote came after a daylong open debate in which most of the 40 nations that spoke condemned Israel for building the barrier, which cuts into the West Bank, as a grab for land.
Israeli Foreign Ministry spokesman Yoni Peled told The Associated Press on Wednesday the U.S. veto and the four abstentions demonstrate an understanding of Israel's security needs.
"There is no more room for continued and purposeless rhetoric and Palestinian propaganda through international organizations such as the U.N.," he said in Jerusalem. [... or the UN and international law is irrelevant because Israel either ignores its resolutions (60+) or the US vetoes Security council resolutions (~39). ed.]
Excite News: "U.S. Vetoes U.N. Condemnation of Israel | Oct 15, 11:34 AM (ET) | By NICK WADHAMS
UNITED NATIONS (AP) - After a U.S. veto in the Security Council, the Palestinians promised to seek a U.N. General Assembly vote on a resolution condemning Israel for building a massive security fence that critics say essentially freezes the Mideast peace process.
The United States was the lone vote against the resolution on the 15-member Security Council Tuesday, though four nations abstained. The vote came after a daylong open debate in which most of the 40 nations that spoke condemned Israel for building the barrier, which cuts into the West Bank, as a grab for land.
Israeli Foreign Ministry spokesman Yoni Peled told The Associated Press on Wednesday the U.S. veto and the four abstentions demonstrate an understanding of Israel's security needs.
"There is no more room for continued and purposeless rhetoric and Palestinian propaganda through international organizations such as the U.N.," he said in Jerusalem. [... or the UN and international law is irrelevant because Israel either ignores its resolutions (60+) or the US vetoes Security council resolutions (~39). ed.]
Palestinians go to UN General Assembly to Bar Fence after second US veto in one month
Excite - News: "Palestinians Press on with UN Drive to Bar Fence | Oct 15, 1:33 am ET | By Irwin Arieff
UNITED NATIONS (Reuters) - Seeking to sidestep a fresh U.S. veto in the U.N. Security Council, the Palestinians have vowed to press on with their drive to try to prevent Israel from building a security fence deep into the West Bank.
Palestinian U.N. envoy Nasser al-Kidwa said Arab states would now take his draft resolution to the 191-nation U.N. General Assembly, where the United States, Israel's closest ally, has no veto and the Palestinians enjoy strong support.
While Security Council texts can carry the force of international law, assembly resolutions simply represent the will of the international community.
'We have seen tonight the second U.S. veto in less than a month that again casts a large shadow on the possibility for the United States to exercise the role of a mediator or a broker of the Middle East peace process,' said al-Kidwa.
The Palestinians argue Israel's plan to build a second phase of its security wall, already 90 miles long, constitutes a land grab that aims to colonize the Palestinian territories and derail plans for the eventual establishment of a Palestinian state.
...
The Palestinian draft resolution, vetoed by the United States late on Tuesday, would have branded the security wall as a violation of international law that "must be ceased and reversed."
...
The vote followed by less than a month a U.S. veto of an earlier Palestinian resolution demanding that Israel back away from a threat to "remove" Palestinian President Yasser Arafat.
That measure too was taken to the General Assembly after its veto in the council, and adopted there by a lopsided vote. [133-4 with 15 abstentions. Russia, China, every major European and Muslim state voted for the resolution. US, Israel, Marshall Islands and Micronesia voted against. ed.]
Excite - News: "Palestinians Press on with UN Drive to Bar Fence | Oct 15, 1:33 am ET | By Irwin Arieff
UNITED NATIONS (Reuters) - Seeking to sidestep a fresh U.S. veto in the U.N. Security Council, the Palestinians have vowed to press on with their drive to try to prevent Israel from building a security fence deep into the West Bank.
Palestinian U.N. envoy Nasser al-Kidwa said Arab states would now take his draft resolution to the 191-nation U.N. General Assembly, where the United States, Israel's closest ally, has no veto and the Palestinians enjoy strong support.
While Security Council texts can carry the force of international law, assembly resolutions simply represent the will of the international community.
'We have seen tonight the second U.S. veto in less than a month that again casts a large shadow on the possibility for the United States to exercise the role of a mediator or a broker of the Middle East peace process,' said al-Kidwa.
The Palestinians argue Israel's plan to build a second phase of its security wall, already 90 miles long, constitutes a land grab that aims to colonize the Palestinian territories and derail plans for the eventual establishment of a Palestinian state.
...
The Palestinian draft resolution, vetoed by the United States late on Tuesday, would have branded the security wall as a violation of international law that "must be ceased and reversed."
...
The vote followed by less than a month a U.S. veto of an earlier Palestinian resolution demanding that Israel back away from a threat to "remove" Palestinian President Yasser Arafat.
That measure too was taken to the General Assembly after its veto in the council, and adopted there by a lopsided vote. [133-4 with 15 abstentions. Russia, China, every major European and Muslim state voted for the resolution. US, Israel, Marshall Islands and Micronesia voted against. ed.]
Tuesday, October 14, 2003
Israel/Occupied Territories: Rafah: Wanton destruction constitutes a war crime
Amnesty International - Library - Israel/Occupied Territories: Wanton destruction constitutes a war crime: "AI Index: MDE 15/091/2003 (Public) | News Service No: 234 | 13 October 2003
Amnesty International condemns in the strongest terms the large-scale destruction by the Israeli army of Palestinian homes in a refugee camp in the southern Gaza Strip town of Rafah, which made homeless hundreds of people, including many children and elderly people.
'The repeated practice by the Israeli army of deliberate and wanton destruction of homes and civilian property is a grave violation of international human rights and humanitarian law, notably of Articles 33 and 53 of the Fourth Geneva Convention, and constitutes a war crime,' said Amnesty International.
This last wave of destruction between 10 and 12 October is part of a policy which the Israeli army has been carrying out in the Occupied Territories for decades and increasingly so in recent years. In the past three years the Israeli army has destroyed some 4,000 Palestinian homes in the West Bank and Gaza Strip, as well as vast areas of cultivated land, hundreds of factories and other commercial properties, roads and public buildings.
...
Much of the destruction of homes and agricultural land in recent years has been in the Gaza Strip, one of the most densely populated areas in the world, where more than two thirds of the population now live under the poverty line (of US $ 2 per day).
Amnesty International - Library - Israel/Occupied Territories: Wanton destruction constitutes a war crime: "AI Index: MDE 15/091/2003 (Public) | News Service No: 234 | 13 October 2003
Amnesty International condemns in the strongest terms the large-scale destruction by the Israeli army of Palestinian homes in a refugee camp in the southern Gaza Strip town of Rafah, which made homeless hundreds of people, including many children and elderly people.
'The repeated practice by the Israeli army of deliberate and wanton destruction of homes and civilian property is a grave violation of international human rights and humanitarian law, notably of Articles 33 and 53 of the Fourth Geneva Convention, and constitutes a war crime,' said Amnesty International.
This last wave of destruction between 10 and 12 October is part of a policy which the Israeli army has been carrying out in the Occupied Territories for decades and increasingly so in recent years. In the past three years the Israeli army has destroyed some 4,000 Palestinian homes in the West Bank and Gaza Strip, as well as vast areas of cultivated land, hundreds of factories and other commercial properties, roads and public buildings.
...
Much of the destruction of homes and agricultural land in recent years has been in the Gaza Strip, one of the most densely populated areas in the world, where more than two thirds of the population now live under the poverty line (of US $ 2 per day).
Israel/Occupied Territories: Rafah: Wanton destruction constitutes a war crime
Amnesty International - Library - Israel/Occupied Territories: Wanton destruction constitutes a war crime: "AI Index: MDE 15/091/2003 (Public) | News Service No: 234 | 13 October 2003
Amnesty International condemns in the strongest terms the large-scale destruction by the Israeli army of Palestinian homes in a refugee camp in the southern Gaza Strip town of Rafah, which made homeless hundreds of people, including many children and elderly people.
'The repeated practice by the Israeli army of deliberate and wanton destruction of homes and civilian property is a grave violation of international human rights and humanitarian law, notably of Articles 33 and 53 of the Fourth Geneva Convention, and constitutes a war crime,' said Amnesty International.
This last wave of destruction between 10 and 12 October is part of a policy which the Israeli army has been carrying out in the Occupied Territories for decades and increasingly so in recent years. In the past three years the Israeli army has destroyed some 4,000 Palestinian homes in the West Bank and Gaza Strip, as well as vast areas of cultivated land, hundreds of factories and other commercial properties, roads and public buildings. "
Amnesty International - Library - Israel/Occupied Territories: Wanton destruction constitutes a war crime: "AI Index: MDE 15/091/2003 (Public) | News Service No: 234 | 13 October 2003
Amnesty International condemns in the strongest terms the large-scale destruction by the Israeli army of Palestinian homes in a refugee camp in the southern Gaza Strip town of Rafah, which made homeless hundreds of people, including many children and elderly people.
'The repeated practice by the Israeli army of deliberate and wanton destruction of homes and civilian property is a grave violation of international human rights and humanitarian law, notably of Articles 33 and 53 of the Fourth Geneva Convention, and constitutes a war crime,' said Amnesty International.
This last wave of destruction between 10 and 12 October is part of a policy which the Israeli army has been carrying out in the Occupied Territories for decades and increasingly so in recent years. In the past three years the Israeli army has destroyed some 4,000 Palestinian homes in the West Bank and Gaza Strip, as well as vast areas of cultivated land, hundreds of factories and other commercial properties, roads and public buildings. "
Israel/Occupied Territories: Rafah: Wanton destruction constitutes a war crime
Amnesty International - Library - Israel/Occupied Territories: Wanton destruction constitutes a war crime: "AI Index: MDE 15/091/2003 (Public) | News Service No: 234 | 13 October 2003
Amnesty International condemns in the strongest terms the large-scale destruction by the Israeli army of Palestinian homes in a refugee camp in the southern Gaza Strip town of Rafah, which made homeless hundreds of people, including many children and elderly people.
'The repeated practice by the Israeli army of deliberate and wanton destruction of homes and civilian property is a grave violation of international human rights and humanitarian law, notably of Articles 33 and 53 of the Fourth Geneva Convention, and constitutes a war crime,' said Amnesty International.
This last wave of destruction between 10 and 12 October is part of a policy which the Israeli army has been carrying out in the Occupied Territories for decades and increasingly so in recent years. In the past three years the Israeli army has destroyed some 4,000 Palestinian homes in the West Bank and Gaza Strip, as well as vast areas of cultivated land, hundreds of factories and other commercial properties, roads and public buildings. "
Amnesty International - Library - Israel/Occupied Territories: Wanton destruction constitutes a war crime: "AI Index: MDE 15/091/2003 (Public) | News Service No: 234 | 13 October 2003
Amnesty International condemns in the strongest terms the large-scale destruction by the Israeli army of Palestinian homes in a refugee camp in the southern Gaza Strip town of Rafah, which made homeless hundreds of people, including many children and elderly people.
'The repeated practice by the Israeli army of deliberate and wanton destruction of homes and civilian property is a grave violation of international human rights and humanitarian law, notably of Articles 33 and 53 of the Fourth Geneva Convention, and constitutes a war crime,' said Amnesty International.
This last wave of destruction between 10 and 12 October is part of a policy which the Israeli army has been carrying out in the Occupied Territories for decades and increasingly so in recent years. In the past three years the Israeli army has destroyed some 4,000 Palestinian homes in the West Bank and Gaza Strip, as well as vast areas of cultivated land, hundreds of factories and other commercial properties, roads and public buildings. "
Saturday, October 11, 2003
Palestinians Warn U.S. on Israeli Fence Veto at UN
Excite - News: "Palestinians Warn U.S. on Israeli Fence Veto at UN | Oct 10, 2:40 pm ET | By Irwin Arieff
UNITED NATIONS (Reuters) - The Palestinians warned Washington on Friday that the Middle East peace process would be doomed if a U.S. veto at the United Nations allowed Israel to extend its security fence deep into West Bank territory.
If Israel is allowed to continue construction, 'this will mean the end of the two-state solution, and that will take us to either a more drastic and radical solution or perpetual conflict. It should be looked at that seriously,' Palestinian U.N. envoy Nasser al-Kidwa said.
After initial closed-door talks on the Palestinian request, diplomats said there was broad support in the 15-nation council for a resolution on the security barrier, although changes in the Palestinian draft were likely.
Most members feel the wall "is illegal, and they want to say something about it," Chinese Ambassador Wang Guangya said.
...
Negroponte last month vetoed a council resolution demanding Israel back away from announced plans "to remove" Palestinian President Yasser Arafat.
But Arab nations responded by taking a slightly modified version of the text to the 191-nation U.N. General Assembly, where the United States does not have a veto. The assembly adopted it by a lopsided 133-4 vote with 15 abstentions.
The United States and Israel accounted for half of the "No" votes, leaving Washington isolated from European Union states and Russia, fellow members, along with the United Nations, of the quartet of mediators behind the road map to Middle East peace.
Excite - News: "Palestinians Warn U.S. on Israeli Fence Veto at UN | Oct 10, 2:40 pm ET | By Irwin Arieff
UNITED NATIONS (Reuters) - The Palestinians warned Washington on Friday that the Middle East peace process would be doomed if a U.S. veto at the United Nations allowed Israel to extend its security fence deep into West Bank territory.
If Israel is allowed to continue construction, 'this will mean the end of the two-state solution, and that will take us to either a more drastic and radical solution or perpetual conflict. It should be looked at that seriously,' Palestinian U.N. envoy Nasser al-Kidwa said.
After initial closed-door talks on the Palestinian request, diplomats said there was broad support in the 15-nation council for a resolution on the security barrier, although changes in the Palestinian draft were likely.
Most members feel the wall "is illegal, and they want to say something about it," Chinese Ambassador Wang Guangya said.
...
Negroponte last month vetoed a council resolution demanding Israel back away from announced plans "to remove" Palestinian President Yasser Arafat.
But Arab nations responded by taking a slightly modified version of the text to the 191-nation U.N. General Assembly, where the United States does not have a veto. The assembly adopted it by a lopsided 133-4 vote with 15 abstentions.
The United States and Israel accounted for half of the "No" votes, leaving Washington isolated from European Union states and Russia, fellow members, along with the United Nations, of the quartet of mediators behind the road map to Middle East peace.
Sunday, October 05, 2003
A list of UN Resolutions "against Israel"
A list of UN Resolutions against "Israel":
"A list of UN Resolutions against 'Israel' "
U.S. Vetoes of UN Resolutions Critical of Israel (1972-2002)
Security Council US Vetoes/Negative voting 1983-present
A list of UN Resolutions against "Israel":
"A list of UN Resolutions against 'Israel' "
U.S. Vetoes of UN Resolutions Critical of Israel (1972-2002)
Security Council US Vetoes/Negative voting 1983-present
Friday, October 03, 2003
Israeli army officer charged with killing four Palestinians, including three children, by ordering soldiers to fire tank shells to enforce a curfew
Excite News: "Israeli Army Officer Charged Oct 3, 8:57 AM (ET) By MARK LAVIE
TEL AVIV, Israel (AP) - An Israeli army officer has been charged with killing four Palestinians, including three children, by ordering soldiers to fire tank shells to enforce a curfew, an army publication reported.
'Bamahane,' a weekly for soldiers, reported that the incident took place in Jenin in June 2002. The officer, a lieutenant in the armored corps, ordered tank crews to fire shells and machine guns to force Palestinians off the streets of the northern West Bank town.
Four Palestinians were killed - a 5-year-old boy, a 6-year-old girl, a boy, 13, and a man, 53. Five people were wounded, including three children and a doctor.
During three years of Palestinian-Israeli violence, Israeli forces have retaken most main West Bank towns in response to Palestinian suicide bombings in Israel. Soldiers often declare curfews, confining Palestinians to their homes.
Palestinians charge that soldiers often open fire for no discernible reason, killing and wounding bystanders, but few charges have been filed."
Excite News: "Israeli Army Officer Charged Oct 3, 8:57 AM (ET) By MARK LAVIE
TEL AVIV, Israel (AP) - An Israeli army officer has been charged with killing four Palestinians, including three children, by ordering soldiers to fire tank shells to enforce a curfew, an army publication reported.
'Bamahane,' a weekly for soldiers, reported that the incident took place in Jenin in June 2002. The officer, a lieutenant in the armored corps, ordered tank crews to fire shells and machine guns to force Palestinians off the streets of the northern West Bank town.
Four Palestinians were killed - a 5-year-old boy, a 6-year-old girl, a boy, 13, and a man, 53. Five people were wounded, including three children and a doctor.
During three years of Palestinian-Israeli violence, Israeli forces have retaken most main West Bank towns in response to Palestinian suicide bombings in Israel. Soldiers often declare curfews, confining Palestinians to their homes.
Palestinians charge that soldiers often open fire for no discernible reason, killing and wounding bystanders, but few charges have been filed."
Wednesday, October 01, 2003
"The Supreme Court examines IDF activities ... and rules that they are legal.": double standard in occupied territory
If the military prosecutor says so, it must be so: "If the military prosecutor says so, it must be so | By Amira Hass Wednesday, October 01, 2003
Kostilitz [military court prosecutor in a trial of six draft resisters] summed up his understanding of what the Supreme Court has in recent years authorized:
"The Supreme Court examines IDF activities in Judea, Samaria and the Gaza Strip, and rules that they are legal. The Supreme Court has determined that it is permissible to demolish houses in which terrorists lived, that an army commander [in the territories] is obligated to protect the welfare of settlers, that the code of law which applies to Jewish residents in these areas differs from the law of other [Palestinian] residents...The Supreme Court has authorized the use of selective assassinations...and the uprooting and pruning of olive trees in order to prevent terror attacks...The Supreme Court has found that administrative arrests are legal; the Supreme Court has determined that the IDF acts in accordance with international laws which relate to warfare and the occupation of territories.
...
Attorneys from the Association for Civil Rights in Israel and B'Tselem investigators are unable to think of a court ruling which stated expressly that such separations between two legal systems in the territories is legally valid. In fact, legal double standards have gone into effect in the territories. And that isn't exactly consonant with international law, which prohibits the settlement of citizens of an occupying country in conquered territory, and which certainly doesn't applaud systematized inequality.
If the military prosecutor says so, it must be so: "If the military prosecutor says so, it must be so | By Amira Hass Wednesday, October 01, 2003
Kostilitz [military court prosecutor in a trial of six draft resisters] summed up his understanding of what the Supreme Court has in recent years authorized:
"The Supreme Court examines IDF activities in Judea, Samaria and the Gaza Strip, and rules that they are legal. The Supreme Court has determined that it is permissible to demolish houses in which terrorists lived, that an army commander [in the territories] is obligated to protect the welfare of settlers, that the code of law which applies to Jewish residents in these areas differs from the law of other [Palestinian] residents...The Supreme Court has authorized the use of selective assassinations...and the uprooting and pruning of olive trees in order to prevent terror attacks...The Supreme Court has found that administrative arrests are legal; the Supreme Court has determined that the IDF acts in accordance with international laws which relate to warfare and the occupation of territories.
...
Attorneys from the Association for Civil Rights in Israel and B'Tselem investigators are unable to think of a court ruling which stated expressly that such separations between two legal systems in the territories is legally valid. In fact, legal double standards have gone into effect in the territories. And that isn't exactly consonant with international law, which prohibits the settlement of citizens of an occupying country in conquered territory, and which certainly doesn't applaud systematized inequality.
