Israel defies International Law

Human shields, International law and the seige of Gaza David Foster from Inside Story (UK) interviews guests from Tel Aviv, Doha and London. Don't say you didn't know about: Israel and international law. Drafted by Richard Kuper and Daniella Jaff-Klein with thanks to Azem Bishara. The Fourth Geneva Convention 1949: The Fourth Geneva Convention was specifically designed to protect civilians in time of war and focuses on the treatment of civilians in the hands of the adversary, whether in occupied territories or in internment. * It was adopted on 12 August 1949 and entered into force on 21 October 1950. 2. Applicability of the Fourth Geneva Convention to the Occupied Territories * Israel ratified the Fourth Geneva Convention with effect from 6 July 1951. * The convention is considered to have been elevated to the status of "customary international law", which means it applies irrespective of whether a State has ratified it. * Apart from Israel, the entire international community, has unambiguously accepted the applicability of the Fourth Geneva Convention to those territories captured and occupied by Israel in the 1967 war, which include the West Bank and Gaza. * Both the Security Council and the General Assembly have consistently issued resolutions calling on Israel to recognise the applicability of the Convention, a view that has been endorsed by the International Committee of the Red Cross. 3. Scope of the Fourth Geneva Convention * The Convention deals specifically with the treatment of what it calls 'protected persons' - civilians who find themselves in enemy hands as a result of a conflict or an occupation. * The Convention prohibits, among other things, violence to life and person, torture, taking of hostages, humiliating and degrading treatment, sentencing and execution without due legal process, and collective punishments of any kind, with respect to all "protected persons". It calls for them to be humanely treated at all times, with no physical or moral coercion, intimidation, deportation. * It specifies 'grave breaches' of the Convention as including willful killing; torture or inhuman treatment; willfully causing great suffering or serious injury to body or health; unlawful deportation or transfer or unlawful confinement of a protected person; willfully depriving a protected person of the rights of fair and regular trial; taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.

» View the original video «

YouTube | January 10, 2009

Tags:. .customary. .seige. .ratified. .adversary. .daniella