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Does the Geneva Convention apply to Israeli wars?
Examples of violations:
- The settlements violate the Fourth Geneva Convention which prophibits transfer of population to/from occupied territories. B't'Selem says 32% of the West Bank settlements are built on private Palestinian land. Wikipedia says that fake purchase documents were used to acquire the land the settlement of Ofra is built on.
- The Gaza blockade has led to 44% of the Gazan population being "food insecure". The Convention requires warring parties grant humanitarian aid agencies access to the warzone .
4 Answers
- Tim DLv 78 years agoFavorite Answer
Those aren't the only violations. Back in '67, Israeli soldiers massacred Egyptian POWs on at least one occasion. But Israelis can get away with almost any violation because of their powerful supporters here.
- lwhhowLv 78 years ago
Well, no I don't think the convention applies between... Israel and the Palestinians....if you read the actual text........
Art 2....of the Geneva Convention of 1949 (the most current one) says the whole thing only applies between 2 'states' both parties to the Convention or 'contracting parties' who signed. The Palestinians are not a state (at least until this past year if you count that UN vote) didn't sign, so they're out.
Art 49....doesn't say 'transfers to/from' occupied territories....it only covers transfers 'from'....stating...'Individual or mass forced transfers as well as deportations of protected persons from occupied territory to the territory of the Occupying power or that of any other country....are prohibited regardless of motive'. So Art 49 doesn't prevent the 'occupying power' from having settlements in the occupied territory only from kicking the occupied people out.
The Convention also makes exemption....for spies, saboteurs, terrorists etc. saying they're not covered at all and the signing country can take all measures it thinks appropriate for it's internal security as long as there is no torture/ murder/ war crimes.
As far as situations like Gaza it says a signing country just can't cut off....'humanitarian assistance'...and must offer medical care to wounded/ injured people'.....It doesn't say the occupying power has to feed the population short of this 'humanitarian assistance' which I would take to mean...they can't let them starve. There is no outright starvation in Gaza, Israel does send in food relief, medical supplies, medicine, even doctors...so no violation there either.
Read the actual text of the Convention at http://www.icrc.org/ihl.nsf/full/380
- RandalLv 78 years ago
The Geneva Convention
It is widely accepted that under international law, the Jewish settlements in the territories occupied by Israel in 1967 are illegal.
Article 49 of the Fourth Geneva Convention relative to the protection of civilian persons in time of war states: "The occupying power shall not deport or transfer parts of its own population into the territories it occupies."
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You may find the referenced website to be useful.