September 6, 2003
Palestinian victims submit legal complaints against Israeli authorities in Switzerland
Palestinian victims submit legal complaints against Israeli authorities in Switzerland


Ref.,:
109/2003 

Yesterday,
Swiss attorney, Marcel Bosonnet, and Director of the Palestinian Centre for
Human Rights, Raji Sourani, submitted two complaints to the Swiss Military
Attorney General in Berne on behalf of Palestinian victims.  One complaint is in respect of Palestinians
whose homes were demolished by Israeli occupying forces; the second complaint
is in respect of Palestinians who were subjected to torture and ill treatment
in detention by the Israeli security services.
  The complaints call for investigation and
prosecution of those responsible for these acts.  In particular, the complaints call for
investigations of former Israeli Minister of Defence, Benjamin Ben-Eliezer;
former Chief of Staff of the Israeli military, Shaul Mofaz; former head of
Israel’s General Security Services, Avi Dichter; and former head of the Israeli
military Southern Command, Doron Almoge. 
The Swiss Military Attorney General accepted the complaints and promised
to follow necessary legal procedures. 

 

Swiss law provides for the search for and prosecution
of those responsible for ordering or commiting grave breaches of international
humanitarian law.  This legislation is
based on the obligations set out in article 146 of the Geneva Convention
Relative to the Protection of Civilian Persons in Time of War of 1949 (the
Fourth Geneva Convention).  The authority
to investigate such acts is granted to the Swiss Military Attorney
General.  Switzerland also enjoys
particular status as the depository of the Geneva Conventions. 

 

Sourani and Bosonnet gave a press conference in Berne
on Friday 5 September about the complaints and were joined by Anne-Catherine Menetrey-Savary,
member of the Swiss Parliament, founder of the Green Party and a supporter of
the Palestinian cause; and Tobias Schnebli, member of Switzerland Without an
Army, and a supporter of the Palestinian cause.

 

During the press conference, the speakers provided
information about the two complaints and also more general information
regarding the ongoing perpetration of war crimes, and other violations of
international human rights and humanitarian law, against Palestinian civilians
in the OPTs by
Israeli occupying forces and other state agents.

 

Sourani asserted that such initiatives are both
necessary and legal.  Sourani further
expressed concerns at the failure of the international community to intervene
to halt the ongoing violations of international human rights and humanitarian
law perpetrated against Palestinian civilians in the OPTs by
Israeli
occupying forces
and other state
agents.  Sourani also called upon the
High Contracting Parties to the Fourth Geneva Convention, to comply with their
legal obligations to take immediate concrete action to ensure the protection of
the Palestinian civilian population and to ensure justice for victims. 

 

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