IL.01.E.04
International Humanitarian Law and the Israeli-Palestinian conflict
Statement of Middle East Working Group Pax Christi Flanders
The current climate in the Middle East is very worrying. In Israel and the Palestinian Territories there are numerous infractions of international humanitarian law, leading to the implication of more and more civilians in the hostilities. Since the eruption of the Intifada in 2000, more and more civilians in Israel and the Palestinian Territories have become victims of the violence between the Israeli army and Palestinian armed groups. The frustration among the Israeli and Palestinian populations regarding the occupation, the violence of the Israeli Defence Forces (IDF), the closure policy and the suicide attacks has given way to the hardening of positions such that violent forces can remain in place. As long as violence against civilians is not absolutely condemned and the respect for human rights is not guaranteed, the current impasse will continue.
A just and sustainable peace can only be achieved when Israel ceases the occupation of the Palestinian Territories and respects the resolutions of the United Nations. Consequently, the Middle East Working Group of Pax Christi Flanders has been pleading for a long time, along with many other organisations, for Israel’s withdrawal from the Palestinian Territories. Furthermore, the Working Group wants to draw the attention to the unending violence and the imbalance of power between the two parties. Israel is tending more and more toward administrative means to implement a discriminative policy against Palestinian civilians, both in Israel and in the Palestinian Territories. This is clear from both Israel’s national legislation and the military policy that it applies to the Palestinian Territories. On the one hand this tendency results in human rights violations of Palestinian citizens of Israel: for example, mixed marriages have been recently banned, and Palestinian citizens have less and less access to basic services. On the other hand, these policies result in violations of international humanitarian law in the Occupied Territories such as extra-judicial killings, the building of settlements and collective punishments.
In this document, the Working Group wants to raise our concern for Israel’s apparent unwillingness to respect the Fourth Convention of Geneva in the Occupied Territories. Furthermore, the Flemish Working Group urges all parties to the Convention to honour their legal obligations and take action to ensure the Convention’s respect in the Occupied Territories. According to principles of international humanitarian law, Israel has the duty to protect the citizens of the civilian population under its control. However, Israel continues to expose its Palestinian civilian population to extreme hostilities and ongoing aggression.
Moreover, since 1967 Israel has facilitated the building of settlements in the West Bank, the Gaza Strip and East Jerusalem. Subsequent Israeli governments have systematically transferred Israeli civilians to the Occupied Territories and invested more than $10 billion in these settlements. Article 49 of the Fourth Convention of Geneva in the Occupied Territories stipulates clearly that: ‘The occupying power shall not deport or transfer parts of its population to the territory it occupies.’ In addition, Article 55 of the conventions of The Hague forbids ‘the occupying State to change the properties of the State, except in the case of security needs and in the advantage of the local population.’ Israel continues to refer to security needs in respect to annexing Palestinian property. It is clear, however, that the real reason behind the annexation is often a policy in favour of expansion.
The wall that the Israeli government is currently building around the West Bank is a clear indication of this policy. This wall is in blatant violation of the rules of international humanitarian law, since it is not being constructed on the Green Line, the internationally recognized border between Israel and the West Bank. It is being erected on Palestinian territory, thereby permitting the Israeli government to annex more Palestinian land. The Working Group acknowledges that the Israeli government’s difficulty in ensuring the security of its citizens, but it is also convinced that the wall will not bring more security. While pursuing this action, Israel is violating principles of proportionality and is inflicting considerable damage to Palestinian society. The building of the wall also triggers human rights violations that plague the Palestinian population.
The Israeli government is carrying out more and more extra-judicial killings to eliminate leaders of Palestinian armed groups. Lately the IDF also killed a number of senior political and military leaders of the armed groups. This practice is not only illegal according to international humanitarian law, but it is serious in that no distinction between civilians and fighters is anymore being made. The 160 extra-judicial killings of the last three years have resulted in the tragic deaths of more than 100 Palestinian civilians. These executions are frequently the immediate trigger for armed groups to orchestrate suicide attacks against Israeli civilians. It is clear that the suicide attacks can be directly related to the increase in disrespect for principles of international law.
Not only can this disrespect be seen in regard to Israel and to Palestinian armed groups; third parties are also responsible. Third parties are not ensuring the rule of law in respect to the principle of erga omnes, that is, universality. Arguing that ‘both parties are making serious mistakes’ does not discharge third parties of their legal responsibility under the Fourth Convention of Geneva. Member states of the European Union are all party to this Convention and have to bear the responsibility of ensuring respect for international humanitarian law. European institutions must also take measures to ensure this compliance. Concretely, these institutions must take action to urge an end to Israel’s violations of the Association Agreement and prohibit the import of settlement products into the European Community.
Middle East Working Group Pax Christi Flanders
Antwerp, February 2004