Jewish Settlements Violate Geneva Convention, says United Nations Human Rights Council

The body calls for an immediate withdrawal of all existing settlements occupying Palestinian territory.

By LUIS MIRANDA | THE REAL AGENDA | JANUARY 31, 2013

A team of researchers from the Human Rights Council of the United Nations warned Thursday that Israel’s settlement policy in the Palestinian territories violates the Fourth Geneva Convention and constitutes a war crime. The Council said that, being a war crime, Israel’s policy falls within the jurisdiction of the International Criminal Court (TPI), so it has demanded the suspension of such policies “without conditions” and the “immediate withdrawal” of all existing settlements.

“Israel should, in compliance with article 49 of the Fourth Geneva Convention, end all settlement policy without conditions,” reads the report of the research team, led by the French judge Christine Chanet.

“They should immediately initiate a process of withdrawal of all settlements in the occupied Palestinian territories,” the statement continued.

The research team was created in March 2012 by the Human Rights Council of the UN to analyze Israel’s settlement policy in the Palestinian territories and East Jerusalem.

The Israeli government has refused to cooperate with the experts and is shielded itself by claiming that the Council has an unbalanced approach and that its settlement policy in the West Bank is justified by the Bible.

In preparing the report, the experts questioned more than 50 people who came to Jordan last November to testify about the confiscation of land, damage to their livelihoods – including olive trees – and attacks by Jewish settlers , the statement said.

“The mission believes that behind these attacks and the intimidation against Palestinians and their property is hidden an order to expel the local population from their lands and allow the expansion of settlements,” continues the report.

The settlements, according to UN experts, “are enabling progressive annexation preventing the establishment of a viable Palestinian state and undermines the Palestinian people’s right to self-determination.”

The Geneva Conventions of 1949 prohibits the transfer of civilians to occupy territories and their violation, the report said, could be considered a war crime and enter therefore in the powers of the International Criminal Court.

Therefore, according to the report, the possible ratification of the Rome Statute, which governs the TPI, “could lead to a process of accountability for serious violations of human rights and serious violations of international humanitarian law and the right to justice for the victims. ”

About 250 Jewish settlements have been established in the West Bank and East Jerusalem from since the military occupation of Israel in 1967. The settlements now hold an estimated population of 520,000 people, according to the UN report.

These settlements prevent Palestinian access to water resources and agricultural lands, continues the document. This past December, Palestine accused Israel of planning new “war crimes” by expanding settlements.

Following the decision of the General Assembly to recognize Palestine, Israel announced the construction of 3,000 new homes in the West Bank and East Jerusalem, two territories that otherwise would constitute the Gaza Strip, which is seen as part of the future Palestinian state.

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No Human Rights Hearing for Palestinians

The International Criminal Court Refused to hear a case where Palestinians’s human rights were violated by the Israeli military because according to the ICC, Palestine is not a recognized state.

RUSSIA TODAY | APRIL 4, 2012

The ICC has refused Palestine’s bid for an investigation into the Israeli military offensive on the Gaza strip on the basis that Palestine is not a recognized state. Human rights groups have strongly criticized the move, while Israel has praised it.

A prosecutor from the International Criminal Court said the investigation would get the go ahead only if the UN or its Security Council recognizes Palestine as a state.

“I need Palestine recognized as a state because I am not the prosecutor of the world; I am the prosecutor of the countries who accept my jurisdiction. I need a country accepting me and then I investigate the crimes,” Luis Moreno-Ocampo told Al Arabiya on Monday.

Israel welcomed the announcement, the Israeli Foreign Minister saying in a statement that “Israel made it clear in the first place that the ICC has no jurisdiction in this matter.”

The Israeli military incursion into Gaza began in winter of 2008, when their forces entered Gaza with the aim of stopping rocket fire into Israel. Palestinian forces continued with their rocket bombardment in return for what they described as Israeli “massacres”.

The war came to an end in January 2009 when Israel declared a ceasefire, Hamas followed suit 12 hours afterwards.

The conflict is estimated to have claimed between 1,166 and 1,417 Palestinian lives.

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Corporate Media, NATO Psy-op in Libya Collapses

Tony Cartalucci
Infowars.com
August 23, 2011

Once again a defiant Qaddafi has prevailed against the full might of NATO aggression including a murderous bombing campaign followed by NATO special forces on the ground supporting mobs of US/UK/French/Qatari backed Al Qaeda thugs which swarmed Tripoli over the weekend. “Illustrious” news agencies from the Qatari government’s AlJazeera, to the now exposed frauds at CNN, BBC, Reuters, AP, AFP have been caught perpetuating a concerted war propaganda campaign in order to break the will of both Libya and in particular Tripoli.

Reports that Qaddafi’s son Saif Al-Islam was “captured” by Libyan rebels by the disingenuous media outlets and “confirmed” by the Fortune 500 contrived International Criminal Court (ICC), who went as far as saying preparations were already under way to transfer Saif to the Hague,are now confirmed lies with Saif Al-Islam very much free, appearing to journalists at the Rixos Hotel in southern Tripoli flanked by Libyan military forces and very much leading what appears to be a significant Libyan government counterattack. It appears that NATO operations are ending just as they began, based on a verified pack of lies. (Please see March’s “Libya: Another War, Another Pack of Lies“)

Everything we have been told, from President Obama’s teleprompter readings to Luis Moreno-Ocampo of the ICC’s claims of Saif’s “confirmed” capture, to the mainstream media and the Al Qaeda infested “Transitional National Council” are now systematically being exposed as overt, verified lies as part of what may be the biggest psychological operation in modern history. Al Jazeera who was already featuring lofty “The Last Days of Gaddafi” narratives is now forced to face reality and irrefutable evidence that the rebel operations in Tripoli were clearly over-hyped war propaganda and the reality is Qaddafi and the Libyan people have called NATO’s bluff.

To illustrate just how absurd the Western media has become as their lies break upon the rocks of reality, a recent farcical attempt to save face regarding Saif’s appearance before journalists at the Riox included an Al Jazeera report claiming that rebel leaders had confirmation Saif al-Islam was arrested “but have no idea how he escaped.” To help out the media it might be suggested that Saif was never captured in the first place and that reports of his arrest were simply a ploy to embolden rebels and make it appear as if the momentum had swung in favor of NATO. (For more on US State Department lies rehashed through “media” please see: “Libyan Rebels Lying Left and Right“)

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International ‘Court of Criminals’ calls for the arrest of Qaddafi

Associated Press
June 27, 2011

The International Criminal Court has issued arrest warrants for Libyan leader Moammar Gadhafi, his son and his intelligence chief for crimes against humanity in the early days of their struggle to cling to power.

Judges announced Monday that Gadhafi is wanted for orchestrating the killing, injuring, arrest and imprisonment of hundreds of civilians during the first 12 days of an uprising to topple him from power after more than four decades, and for trying to cover up the alleged crimes.

The warrants turn Gadhafi, his son Seif al-Islam Gadhafi and intelligence chief Abdullah al-Sanoussi into internationally wanted suspects, potentially complicating any efforts to mediate an end to more than four months of intense fighting in the North African nation.

Iraq Invasion’s Atrocities, Unearthing the Unthinkable

“Those who can make you believe absurdities can make you commit atrocities.” François-Marie Arouet -“Voltaire” (1694-1778.)

 

Felicity Arbuthnot

I have a deeply held belief that the duty of a commentator is, to the best of one’s ability, to record, to shine light in often dark places, to act as a voice for those whose own voice, fears, plights might not be heard or known. To write about the emotions one sometimes feels when doing it, is an anathema and anyway a redundancy. The purpose is to attempt to draw attention to wrongs, not to whinge about the effects they can have – and any way, a private life should be just that. If politicians wish to strip themselves of their dignity and allude to everything from their sex life, to using private grief to gain sympathy votes, those with a shred of self-respect do not wish to emulate them. Here, I am breaking my taboo, for a reason.

Over the last several weeks I have again researched in depth, invasion’s atrocities in Iraq, unearthing the unthinkable, switching off emotion and reading of terror, torture, monstrous wickednesses, word after sickening word. Then, Fallujah revisited (1) with document after document revealing the depth of the darkest depravities towards others, which can be plumbed, by “some mother’s son” – or daughter. Indeed, some child’s father or mother, able to shoot the children, toddlers, babies of others, in cold blood, drive over them in tanks, leaving the pathetic remains to be eaten by stray dogs.

Photographs viewed have included many which even hardened investigators have deemed: “too disturbing to view.” This is not a view I hold. If family members who have survived, emergency workers (when not incinerated by U.S., troops themselves) medical staff, if not shot, imprisoned, tortured, or tied up with a bag over their head) can view, identify, bury with love and respect – or in the case of medical staff, carefully photograph, and note time, location of finding, then number, wrap and retain for a period, before burial, hoping a relative will claim the charred, mutilated, or worse, remains. It is a duty for those with any “voice”, from countries responsible for this first documentable U.S., U.K., genocide of the 21st century, to draw attention to it, in the memory of and in tribute to, the voiceless, nameless, uncounted victims, in the hope that eventually, legal recourse might result.

In fact it was compassion which over came all – bodies and faces burned near beyond recognition, or the eviscerated, the all with the eyes, often, still staring out in a desperate silent plea for help, combined with utter bewilderment. “We have the scumbags on the run”, wrote a marine on his website. “We lit them up”, wrote another, as many took photographs of these lost souls – and sent them to porn sites in exchange for free viewing. And between the U.S., occupiers (now, surreally, re-branded “advisors” – same car, new paint) and what Hussein al-Alak of the Iraq Solidarity Campaign has called: ” the U.S., imposed Vichy government, with their foreign passports ..”, who will fight for justice for the Iraqis?

And, as since 1991, this is also a war against the unborn, new born and under fives. After the bodies and the rubble, the gore, blood and limbs, there are the deformities. The fledgling life, born without eyes, brain, with one cyclops eye,  with no head, with two heads, with no limbs, or fingers – or too many. A biblical land turned to genetic and ecological Armageddon, for current and future generations, till the end of time. “Mission accomplished”, said George W. Bush, in his ridiculous little flying suit, on the USS Abraham Lincoln on 1st May 2003. “Let freedom reign”, he scribbled, after the first, corrupt, murderous, corpse-littered “elections”. Result: “Let genocide commence.”

The U.S., appointed “Viceroy” in Iraq, J. Paul Bremer, dressed for the part, Hollywood style, in ridiculous desert, or army boots, depending on your perception, arrived shortly after the invasion, seemingly believing in population reduction. Reportedly asking what the population of Iraq was, he was told, about twenty five million. His response was allegedly : “Too many, try five.” But then, he had been Kissinger Associates’ man.

As I read, I listened to the great and the good in various world legal bodies discuss whether the Congo and Rwanda should be “classed” as genocide. In July 2004, as U.S., troops were training for the Fallujah massacre, the coming November, the U.S., House of Representatives passed a unanimous resolution calling the tragedy of Darfur: “Genocide.” They asked the administration to consider “Multilateral or even Unilateral” action, to end this genocide. Reluctance to take proactive steps to prevent further loss of human life was “criminal”, they opined.

Seemingly genocides these days are only committed by Africans or Eastern Europeans, not those great bastions of democracy, U.S., U.K., and the “only democracy in the Middle East”, ally Israel. The Israeli Defence Force, trained U.S., troops for the two week November 2004, Fallujah pogrom. (2) “If it moves, shoot it”, was the order of the day. As two world wars, as Korea, Vietnam, the face of liberation never changes.

“Their tactics basically involve massive fire power … bringing in tanks and helicopters to fire on targets … demolishing buildings, establishing snipers on roofs, smashing holes in walls (and) shooting anything that moved.” This in addition to:  ” … aerial bombardment and shell fire from large field guns.” The plight of Fallujah: “Was not fully understood in the West, save by some of the survivors of the Warsaw Ghetto … they were trapped (like) rabbits in a cornfield”, being circled to be mown down and dismembered by combine harvesters.(3)The photographs are testimony to the chilling description. The unsung heroes are those who determined to record them, so some time, some where, the crimes would be known and legal retribution sought. These terrible, pathetic images, are the silent testimony to the first known Western genocide of the 21st century. Sadly, it is a near certainty that Iraq and Afghanistan will, in time, produce proof of more.

On visits to Iraq during the embargo years, when there was the silent genocide over nearly thirteen years of the U.S.-U.K.,- driven U.N., embargo’s prohibition of all necessary to sustain the basics of life, with children dying of “embargo-related causes”, at an average of six thousand a month, witnessing the heartbreak, the bafflement at their plight, the terrible guilt was always leaving. One saw and shared to some extent, the unimaginable, being perpetrated in one’s name, then one left. Across the border, in Jordan, the lights were on, the towns bustled, clean water came out of the taps, and the illegal American and British bombs were not dropping. Yet so near, the children were dying, the people were dying, in the name of “We the people …”

Looking through the photographs, reading of the near incomprehensible depths of sadistic destruction of their fellow human beings, men and women in uniform can uniformly sink to, I could also escape at the end of the day. I could make a meal, go and listen to live jazz at a favorite jazz pub, or simply pour a glass of wine and listen to music, surrounded by numerous books, collected pictures and loved items, in a home I enjoy, before seeking the warmth of the duvet and a comfortable bed.

But if the conscious mind can switch off, clearly the sub-conscious does not. One night the nightmare, one was sure was not a nightmare, but reality, struck. In the surreal world of nightmares, I “woke”, to find myself saturated, blood pouring from under my arms. Wondering what was happening and what to do about it, I did, in nightmare-land, what I often do when working something out (though not usually at 3 a.m.,) and got the tools together and went out in to my garden. As ever, to trim and nurture plants, and bushes, mostly grown from tiny, often quarter inch cuttings, cosseted indoors, until clement weather, then planted outside, in sheltered warmth, and further fed and tended until suddenly seemingly overnight, a vibrant, colored addition, standing on its own roots, is ready to face all seasons. But my garden, with its protective hedges, (white flowers in summer, orange berries in winter and thorns to deter the trespasser …) had gone. There were just bulldozer tracks, deep, ruining, not a leaf, stem or bloom left – just a wasteland.

Then, in nightmare-world, in my nightclothes, blood covered, I realised I had no keys to get back in. What if anyone found me in this state? I turned to the front door to try and figure a plan – but the building had gone. I was alone, bloody, near undressed and all had vanished, turning back to other familiar buildings, suddenly there was nothing. Just ruin, rubble and wasteland, as far as the eye could see. My life, my books, my comfort zone, were no more. Just the bloodied clothes I stood in remained.

Like walking away, I, of course, woke up – soaked and shivering. To a hot bath, a washing machine and a warm airing cupboard full of clean bed linen – my garden still intact. The people of Iraq, with their destroyed homes and gardens, fruit groves, date palm groves, or their vibrant plantings on balconies or flat roofs; the Palestinians, suffering the same plight for sixty two interminable years, and the people of Afghanistan in their flattened compounds, destroyed with their scented groves and gardens of blossoms and apricots, live a nightmare from which they never awake.

I thought again of the Iraqi child, whose parents had a beautiful garden, who showed a friend and I her drawing book, before the invasion. One picture had an abundance of flowers, carefully colored, in numerous hues,  on the side were American soldiers – shooting at the flowers. “Why are the soldiers shooting the flowers?” We asked. “Because Americans hate flowers”, she replied solemnly. It was a deeply saddening moment, that she represented so many children, who saw American as representing only wrath, fear and deprivation. She knew nothing of those Americans who had worked tirelessly to reverse the situation. If she has survived, she will be a young adult. She is unlikely to have changed her views.

In the U.K., Scottish parliamentarian, Dr Bill Wilson (4) is ploughing a determined path to bring Tony Blair to justice. In furtherance of this, he has now written to Scottish First Minister, Alex Salmond and Cabinet Secretary for Justice, Kenny MacAskill, calling for Scotland to adopt the recently agreed international definition of the crime of aggression into its legislature. His letter reads:

“The International Criminal Court’s Review Conference of the Rome Statute in Kampala (5) earlier this year adopted a resolution by which it amended the Statute so as to include a definition of the crime of aggression and the conditions under which the Court could exercise jurisdiction with respect to the crime.  The actual exercise of jurisdiction is subject to a decision to be taken after 1 January 2017 by the same majority of States Parties as is required for the adoption of an amendment to the Statute.  However, I believe that there is now no legal obstacle to individual countries adopting the new definition of the crime of aggression into their own legislatures.  I hope you will agree with me that it would be to Scotland’s credit if we could be one of the first countries to do this, and it would be a fine legacy for the present Scottish Government to leave as it nears the end of its term.”

He commented that, further, since the The International Criminal Court has now  agreed on a definition of the crime of aggression: “I believe that although the ICC itself cannot prosecute on the basis of this for the time being, there is no impediment to individual countries adopting the definition into their own legislatures immediately.  If Scotland did so, it would be an excellent example to the rest of the world and would send the clear message that we respect international law here.  It would also create a powerful incentive for present and future UK Governments to think carefully before embarking on warfare.

“I think most Scots would not wish to see a repeat of the tragedy we have seen unfold in Iraq. This might be a way of preventing such misguided ventures in the future.” Dr Wilson, is adamant: Scotland is in a position to: “… lead ethically in adopting the crime of aggression definition”, and has legal advise which concurs. Dr Wilson plans to use Fallujah as an example of this aggression, but also points out there there are surely numerous others, undocumented, as yet.

As John Pilger reminds, Blair promised that the (illegal) invasion of Baghdad would be ” … without a bloodbath and that Iraqis in the end would be celebrating … In fact, the criminal conquest of Iraq smashed a society, killing up to a million people, driving four million from their homes, contaminating cities such as Fallujah with cancer-causing poisons and leaving a majority of young children malnourished in a country once described by Unicef as a ‘model.’ ” (New Statesman, 30th September, 2010.)

As Pakistan, Iran, Yemen, Somalia, now seem to be in would be imperial sights, a precedent which will flag a up a warning sign to leaders of ill intent, is surely needed. Dr Gideon Polya, who’s work on excess deaths from invasions since 1950, states, in Afghanistan: “The annual death rate is 7% for under-5 year old Occupied Afghan infants, as compared to 4% for Poles in Nazi-occupied Poland, and 5% for French Jews in Nazi-occupied France.”

The U.S., and U.K., whose leaders have trumpeted the dangers of the latest “new Hitler” in the countries they planned to decimate, have outdone the Nazis. Enough.

Notes

1. http://www.globalresearch.ca/index.php?context=va&aid=212121

See also : http://www.billwilsonmsp.org

2. “War Crime or Just War”, Nicholas Wood, South Hill Press, 2005.

3. See 2.

4. See 1.

5.http://www2.icc-cpi.int/menus/icc/press%20and%20media/press%20releases/review%20conference%20of%20the%20rome%20statute%20concludes%20in%20kampala