UN Human Rights Council: Settlement issue could end up in the International Criminal Court

Unprecedented report calls for UN Member States “to assume their responsibilities in their relationship to a State breaching peremptory norms of international law.”

UN Human Rights Council: Settlement issue could end up in the International Criminal Court
January 28, 2013: Two caravans form a new Israeli settler outpost on land belonging to the Palestinian West Bank village of Jayyous. The caravans were put there last week and are already connected to the water lines of the nearby settlement of Zufit (photo: Activestills)

The United Nations Human Rights Council has published its fact finding mission’s report on the settlements. The report concludes that Israeli settlements are constructed for the benefits of Jews only through a system of ethnic segregation and military law, and are in violation of the Fourth Geneva Convention, which forbids the transfer of civilian populations into occupied territory by the occupying force. According to the report:

Israel must, in compliance with article 49 of the Fourth Geneva Convention, cease all settlement activities without preconditions. It must immediately initiate a process of withdrawal of all settlers from the OPT.

Israel is a signatory to the Fourth Geneva Convention but has concluded that it does not apply to the territories occupied from Jordan and Egypt in 1967, since both countries abandoned any claims to this land. Israel considers the territories “disputed” (a position taken recently by the Levi Commission, which called upon Israel to legalized all outposts built on Palestinian land) However, even the Israeli narrative doesn’t explain ethnic segregation in the West Bank, military law and the absence of human or political rights for the non-Jewish civilian population in the West Bank.  

There are two important articles in the HRC report which go beyond the usual condemnations of the settlements that have been issued for decades by the international community. First, the Human Rights Council calls upon other nations, agencies and companies to break ties with the settlement project – a step which might open the door for sanctions against settlement products or for the enforcement of relevant articles in trade agreements with Israel, for example by the European Union.

116. The Mission calls upon all Member States to comply with their obligations under international law and to assume their responsibilities in their relationship to a State breaching peremptory norms of international law – specifically not to recogniזe an unlawful situation resulting from Israel’s violations.

117. Private companies must assess the human rights impact of their activities and take all necessary steps – including by terminating their business interests in the settlements – to ensure they are not adversely impacting the human rights of the Palestinian People in conformity with international law as well as the Guiding Principles on Business and Human Rights. The Mission calls upon all Member States to take appropriate measures to ensure that business enterprises domiciled in their territory and/or under their jurisdiction, including those owned or controlled by them, that conduct activities in or related to the settlements respect human rights throughout their operations.

The report also explicitly suggests that the Palestinians could sue Israelis in the International Criminal Court could deal with the issue of the settlement. A press release on the Human Rights Council site states:

The report states that Israel is committing serious breaches of its obligations under the right to self-determination and under humanitarian law. The report also concludes that the Rome Statute establishes the International Criminal Court’s jurisdiction over the transfer of populations in the Occupied Palestinian Territory.

Israel has refused to cooperate with the fact-finding mission. The United States has warned the Palestinians in the past not to take Israel to the International Criminal Court, as part of its tradition of preventing any punitive action in response to human rights violations by Israel in the occupied territories. The United States was the only country that voted against the fact finding mission on the settlements.

Israel has been rapidly increasing settlement activities since the Oslo Accords, especially in the last decade. According to the Jerusalem-based NGO Ir Amim, 2012 has been a record year in settlement construction in East Jerusalem. On the eve of the Oslo Accords, there were approximately 107,00 thousands settlers in the West Bank and Gaza, and 115,000 in East Jerusalem. by 2001 these numbers grew to 200,000 in the West Bank and Gaza and 167,000 in East Jerusalem. In 2011 there were 189,000 settlers in and around East Jerusalem, and 324,000 settlers in the West Bank, bringing the total numbers of Jewish settlers to over half a million. There are 127 settlements in the West Bank alone, as well as dozens of Jewish “outposts.” The UN report calls Israel’s settlement activities “creeping annexation.”

Related:
Panel appointed by Netanyahu concludes: There is no occupation
US Envoy: Congress will punish UN if it recognizes Palestine (UPDATED)
Google Street View to feature West Bank settlements

 

11 responses to “Resource: Choosing annexation over development”

  1. itshak Gordine says:

    Review paid by the EU so trash

    • Ben says:

      This by you, is denialism of truly comic proportions. Of sublimely unintentional self-satirizing proportions.

      (In the psychology of human behavior, denialism is a person’s choice to deny reality as a way to avoid a psychologically uncomfortable truth. Denialism is an essentially irrational action that withholds the validation of a historical experience or event, when a person refuses to accept an empirically verifiable reality. -Wikipedia)

      And there is always this odd, Herr Sturmer video-style anti-Semitic smear clinging to these “paid by EU” slanders. And the right wing never tires of doing this. Are the hard core settlers ever capable of shame? I haven’t seen it.

      • itshak Gordine says:

        Bla blah: Like many Israelis, I am wary of studies and projects funded by Europe. Those who receive help from generally hostile entities have almost no public in Israel (Breaking the silence, BDS, etc.). Their “works” only serve to feed the speech of associations or people hostile to the State of Israel. But at least it occupies them .. Meanwhile we build everywhere in the Land of Israel.

        • Ben says:

          Note the absolute, pure disregard for whether the report is TRUE or not, in this as in any other report, it’s all about what can be gotten over on others.

          Note the absolute regard for whether the right wing public reads it or not, the degree to which the truth can be squelched or not, the absolute disdain for the truth.

          Note the equation of “hostility to Israel,” (aka “anti-Israel”) with any opposition to unrestrained settlements and their associated constant human rights violations.

          Note the “what can we get away with?” gangster mentality.

          One cannot argue with people like this, one has to bring principled state forces to bear on them from outside the cult. And this, by the EU is what Haley just loathes.

          At the same time that Halevy feels entitled to all sorts of massive EU subsidies and massive German funding for Israel’s defense and all sorts of things, he begrudges the EU sending school bake sale amounts to tiny shoe string human rights organizations or truth-telling newspapers and communities the Israeli behemoth treats with great brutality. And he ruthlessly smears the motives of the people doing it, even deploying anti-Semitic insinuations to do it.

          FYI, the person I am replying to here lives as a settler in the West Bank. He types his replies to me from a settlement in the West Bank. And yet he, like the Judge on the Israeli High Court (Noam Sohlberg) who is also a West Bank Settler, poses as some kind of neutral arbiter, some kind of unbiased arbiter, of what constitutes “hostility.” You can’t make this stuff up.

          • Lewis from Afula says:

            Ben:
            The EU is a joke and it is slowly coming apart.
            Most EU reports are nothing more than waffly irrelevant rubbish.
            Judea and Samaria will stay Israeli long after the EU is a forgotten memory.

          • Ben says:

            The Report, and Shenhav-Goldberg’s account of it, are anything but waffly and irrelevant. Remember, denialism is an essentially irrational action that withholds the validation of a historical experience or event, when a person refuses to accept an empirically verifiable reality.

          • itshak Gordine says:

            If you are not happy with Israeli politics, come to Israel, become a citizen and get into politics. Otherwise your abundant verbiage is useless. You are bleating in the desert.

          • Ben says:

            This is amusing coming from a settler who does not actually live in Israel but in illegally occupied territories outside Israel. Yet is accorded the right to vote inside Israel while people living for generations a half-kilometer down the road from him are not. Simply based on ethnicity. A settler who eagerly practices a form of apartheid. But this same settler living outside Israel gets steamed about anyone else from outside Israel having a say about it.

            As I said above, this is the mentality of gangsters everywhere. “Leave us alone, what business is it of yours, everything is fine here, we can handle it, this is ‘our thing.'”

          • Lewis from Afula says:

            Those people livimg half a km down the road NEED TO GO HOME.
            Their reletives in Amman are waiting for them !

          • Itshak Gordine says:

            You are definitely losing your nerves. someone who may never have set foot in Israel who allows himself to make false accusations. We are hundreds of thousands of Jews in Judea and Samaria. We have made it a developed, green region, with a high quality of life and a very high birth rate, with the blessing of the US government and most of the Jews around the world who are sending us their youth.

          • Ben says:

            Oh, I’ve set foot not just in Israel, I’ve set foot outside Israel, in the Israeli-occupied West Bank. Why don’t you tell me what settlement you’re sending these bouquets of propaganda from, settler, and I’ll tell you if I’ve been in your settlement. Or outpost.

            Is that you swimming in the Anar Springs here?
            https://www.haaretz.com/israel-news/.premium.MAGAZINE-this-place-is-only-for-jews-the-west-bank-s-apartheid-springs-1.7767344

            It’s ridiculous to be having tit for tats here with brutal hard core ideological settlers spouting sugar-coated propaganda lies in the forum of a Magazine meant for much more intelligent purposes.