This morning #Israel's defense forces convened an international conference on the law of armed conflict. This glimpse into the program reveals that "property destruction" is high on the agenda. I was not invited, but nonetheless, let me share my thoughts:
Going back to the Hague Regulations of 1907, Article 23(g) provides that it is especially forbidden “to destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war”
The 1945 Nuremberg Tribunal established, under Article 6(b) of its charter, “wanton destruction of cities, towns or villages, or devastation not justified by military necessity” as a war crime.
According to Article 147 of the 1949 Geneva Convention IV, “extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly” are grave breaches.
But, you say, #Israel's Military Advocate General (pictured here) wanted to discuss "the contemporary role of property destruction rule." Well then, here is something pertinent and directly applicable to Israel's contemporary occupation of #Palestinian territory. Art 53 of GCIV:
"Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited [...]
except where such destruction is rendered absolutely necessary by military operations." This necessity clearly refers to combat situations. It is to be narrowly construed, which is indicated by the word “absolutely”.
This brings us to the conclusion that #Israel's destruction of #Palestinian property - including humanitarian aid accepted - allegedly for the enforcement of spatial planning regulations does not fall under this exception of military exigency.
The International Criminal Tribunal for the Former Yugoslavia (ICTY) found that terrorizing the civilian population, forcible transfer, and destruction of personal property - undertaken in combination - are "crimes against humanity and violation of the laws or customs of war."
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BREAKING: This afternoon, Bezalel Smotrich - the Minister overseeing #Israel's unlawful occupation of #Palestinian territory - visited the outskirts of Bethlehem, vowing to bring an unprecedented wave of demolitions upon Palestinian homes, livelihoods and donor-funded humanitarian aid.
In its recent Advisory Opinion, the International Court of Justice @CIJ_ICJ determined that #Israel’s planning policy in relation to the issuance of building permits, and in particular its practice of property demolition for lack of a building permit to be in serious breach of international law, and inate to its continued unlawful presence in #Palestinian territory.
The Court concluded that all states are under an OBLIGATION not to recognize as lawful, aid or assist #Israel's unlawful presence and consider action required to "bring to an end as rapidly as possible the unlawful presence of the State of Israel in the Occupied #Palestinian Territory."
Settler violence against #Palestinains is attributable to the State of #Israel and its central and local government: 1. Settler violence is instructed, directed, and controlled by the state. 2. Settler violence is committed by persons exercising government authority. 3. Settler violence is aided and supported by State organs, including Ministries, regional and local settlement councils.
The law of State responsibility for internationally wrongful acts attributable to it allows the international community as a whole to employ lawful countermeasures to ensure Israeli compliance with peremptory norms of international law, seriously and systematically breached through settler violence.
The adequate response to the upsurge of settler violence, including the deadly incident tonight, is to subject Israeli ministries and the ministers who head them, and local government and heads of regional and local settlement councils to financial restrictions and travel bans.
BREAKING: This evening (Monday) would-be-settlers plan a massive public prayer in the heart of occupied #Gaza, along the 'Karni-Netzarim Corridor,' a 7 long road severing Gaza controlled by #Israeli armed forces.
In anticipation of settlers coming into occupied #Gaza under the guise of prayer and attempting to stay indefinitely to colonize it, the military commander issued a closed military zone order.
In 1968, less than a year after #Israel occupied #Palestinian territory, settlers gathered to pray at the Park Hotel Hebron (pretending to be Swiss tourists). They never left, colonizing the city ever since. There was an order then, there is an order now, it made no difference.
BREAKING: Appearing before the #Israeli Parliament Foreign Affairs and Defense Committee this morning, the Military Advocate General reportedly referred to the investigation of torture of #Palestinian detainees as an "effort to shield them and the armed forces from international tribunals (@IntlCrimCourt, @CIJ_ICJ)."
When the unlawful #Israeli occupation of #Palestinian territory will, one day, end, the final account will show that Israeli government lawyers and judges holding pens did more harm to Palestinians than Israeli soldiers holding guns. Case in point:
In 1947, 16 German jurists and lawyers stood trial in #Nuremberg, ultimately convicted of war crimes through the abuse of the judicial and penal process. All defendants, officials of the Nazi Ministry of Justice and Judges of the Special Courts, pleaded not guilty.
I find this picture of #Israeli coordination with humanitarian organizations in #Gaza (posted just now by COGAT) disturbing. Is the very visible presence of #US military personnel - outnumbering their Israeli counterparts - that of humanitarians or that of co-belligerents?
The International Court of Justice @CIJ_ICJ established in past months (through orders of preliminary measures, and recently in an Advisory Opinion) that #Israel is the occupying power in #Gaza, with a responsibility towards its #Palestinian population.
Is the #US a co-occupant with similar responsibilities to provide the civilian population of #Gaza with means essential to its survival, and like #Israel obligated to agree and facilitate humanitarian relief schemes? Is this some sort of CIVMIL coordination, and between who?
Given its widespread and systematic disregard for international legal norms in its control and exploitation of #Palestinian territory, #Israel cannot be considered a "lawful occupant," but instead the @CIJ_ICJ should find its prolonged occupation to be in serious breach of peremptory norms of international law.
An @CIJ_ICJ determination later this afternoon that #Israel has become an illegal occupant - whose actions deny #Palestinian self-determination and result in exacerbated humanitarian needs - would elevate the duty of the international community to end the occupation. Such a determination by the #ICJ would re-establish the framework of international law as the guiding path to a just and
durable resolution to the question of #Palestine.
The @CIJ_ICJ finds that it has material jurisdiction over the questions addressed to it, and that the questions are justiciable. It rejects opposing views that it would be improper for it to opine on this matter considered by the Security Council.