Ref: 5/2012
Date: 16 January 2012
Time: 09:00 GMT
The Palestinian Centre for Human Rights (PCHR) welcomes the Palestine Liberation Organisation’s (PLO) recent contact with the Swiss Government requesting the convening of a conference of the High Contracting Parties to the Fourth Geneva Convention. The conference is intended to address the measures necessary to enforce the Convention in the occupied Palestinian territory, including East Jerusalem, and to ensure its respect. This move is essential in light of the systematic violations of international humanitarian law perpetrated by Israeli forces in the occupied Palestinian territory (oPt), and the pervasive impunity which accompanies these violations.
The request for this conference originated recently in a General Assembly Resolution of 5 November 2009, issued in accordance with the follow-up to the Report of the UN Fact-Finding Mission on the Gaza Conflict (the ‘Goldstone Report’). Since that date, PCHR has consistently advocated for a conference, highlighting the urgent need for accountability in the oPt. The PLO’s recent move, although overdue, must be encouraged; it is necessitated by the ongoing, systematic violations of international humanitarian law, and the inaction of the Israel and the international community with respect to the pursuit of accountability. It is PCHR’s firm belief that a genuine legal approach must be adopted in order to address systematic violations of international humanitarian law, and to ensure the protection of innocent civilians.
The High Contracting Parties to the Fourth Geneva Convention may undertake a number of measures intended to enforce, and ensure respect for, international humanitarian law. PCHR notes that this is a legal obligation arising from, inter alia, Articles 1 and 146 of the Fourth Geneva Convention. Coercive measures open to the High Contracting Parties include: the non-renewal of trade agreements; a reduction or suspension of public aid; and a restriction or ban on the trade of arms, military technology and scientific cooperation. The High Contracting Parties must also uphold their obligation under Article 146 of the Fourth Geneva Convention, to search for and prosecute those suspected of committing grave breaches of the Convention, regardless of their nationality.
Two previous conferences of the High Contracting Parties have been convened with the intention of ensuring Israel’s respect for international humanitarian law, on 15 June 1999 and 5 December 2001. However, in both these instances States’ obligation to ensure respect for
international humanitarian law was sidelined in the name of political interests. In particular, the conferences were suspended following, in particular, heavy American political pressure using the resumption of peace talks as a pretext. PCHR notes that the requirements of international humanitarian law cannot be ignored, be it for political expediency, or any other reason. The obligation to ensure respect for the Fourth Geneva Convention binds all States, under “all circumstances”. The shortcomings of previous conferences must not be repeated.
It is evident that if the rule of law is to be respected, it must be enforced. The history of the occupation has clearly shown that as long as Israel is allowed to continue acting as a State above the law, it will continue to violate international law. It is innocent Palestinian civilians, the ‘protected persons’ of the Fourth Geneva Convention, who will continue to suffer the horrific consequences.
The convening of a conference of the High Contracting Parties offers a welcome opportunity to ensure that international humanitarian law remains capable of serving those it is mandated to protect. PCHR stresses that it is imperative that this conference be held, and that it result in practical measures intended to ensure respect for the Fourth Geneva Convention in the oPt.
For more information, please see PCHR’s memorandum: ‘Ensuring Respect for the Fourth Geneva Convention: Convening a Conference of High Contracting Parties
