moon
Satire for Sanity
' Yet the ICJ has demolished Israel’s claim that the West Bank, East Jerusalem, and the Gaza Strip are not occupied, merely “disputed”. The Israeli government has long stressed that there was no “Palestine” whose land it could occupy because, until the six-day war of June 1967, the West Bank and East Jerusalem had been held by Jordan, which has since relinquished any claims to them, and the Gaza Strip was administered by Egypt, which certainly doesn’t want it back.
But the court held that for legal purposes, occupation is the product of a military takeover of land, regardless of its status. Even Gaza has long been occupied, the court found, despite Israel’s 2005 disengagement, because Israel maintained authority over various aspects of life in Gaza that could be exercised when it wished.
That occupation brings into force the fourth geneva convention of 1949 on military occupation, which Israel has ratified. Article 49 renders it illegal – a war crime – for an occupying power to transfer its population to occupied territory, as the court found that Israel has done with its settlements.
Did Palestinian leaders waive these rights with the Oslo accords, which recognized certain Israeli powers in the occupied territory as negotiations were supposed to proceed toward a Palestinian state? No, said the court, citing article 47 of the fourth Geneva convention, which says negotiations between occupier and occupied cannot deprive people of rights under the convention – a wise precaution given inherent power imbalances.
The court’s ruling is thus more than a legal setback for Israel. It is a virtual invitation for Karim Khan, chief prosecutor for the international criminal court (ICC), to prosecute the officials behind the settlements. He should start with the members of the current government who are authorizing their rapid expansion. '
www.theguardian.com
But the court held that for legal purposes, occupation is the product of a military takeover of land, regardless of its status. Even Gaza has long been occupied, the court found, despite Israel’s 2005 disengagement, because Israel maintained authority over various aspects of life in Gaza that could be exercised when it wished.
That occupation brings into force the fourth geneva convention of 1949 on military occupation, which Israel has ratified. Article 49 renders it illegal – a war crime – for an occupying power to transfer its population to occupied territory, as the court found that Israel has done with its settlements.
Did Palestinian leaders waive these rights with the Oslo accords, which recognized certain Israeli powers in the occupied territory as negotiations were supposed to proceed toward a Palestinian state? No, said the court, citing article 47 of the fourth Geneva convention, which says negotiations between occupier and occupied cannot deprive people of rights under the convention – a wise precaution given inherent power imbalances.
The court’s ruling is thus more than a legal setback for Israel. It is a virtual invitation for Karim Khan, chief prosecutor for the international criminal court (ICC), to prosecute the officials behind the settlements. He should start with the members of the current government who are authorizing their rapid expansion. '
The ICJ has demolished Israel’s claims that it is not occupying Palestinian territories | Kenneth Roth
The Israeli government has long stressed that there was no Palestine whose land it could occupy and that the territories are ‘disputed’. The court has rejected this
www.theguardian.com