PRESS RELEASE

Released @ 12.00 hours GMT 24 June 1998

The Palestinian Centre for Human Rights convened a meeting to discuss the United Nations’ request for a conference of the High Contracting Parties to the IV Geneva Convention as it applies to the Palestinian Territories

On June 21, 1998, a meeting took place at the Palestinian Centre for Human Rights (PCHR) regarding the authorization of the United Nations General Assembly for the Swiss government to take necessary steps to convene a conference of the High Contracting Parties (HCP) to the IV Geneva Convention of 1949 relative to the protection of civilian persons in times of war. The purpose of the proposed conference is to determine measures to ensure that the HCPs respect their obligations under the Convention in the OPT. PCHR’s meeting was convened in light of the communication sent by the Swiss Government to the concerned parties which clearly indicates that the Swiss are circumscribing the essence of the UN Resolution under American and Israeli pressure.

Participants in the meeting included members of the Palestinian Legislative Council, Ministry of Planning and International Cooperation and Ministry of Justice as well as the Chairman of the Palestinian Bar Association and representatives of local NGOs and political parties.

Mr. Raji Sourani, Director of PCHR, welcomed the participants and highlighted the potential danger surrounding the preparations by the Swiss government for the conference. He referred to the UN General Assembly Resolution A/RES/ES-10/5 which authorizes the Swiss government to prepare for the convening of a conference of the HCP of the IV Geneva Convention. He added that the Centre has been following the issue since 1997, and that a report was prepared by the Centre assessing the steps taken thus far by the Swiss government which clearly violate the letter and the spirit of the UN resolution, especially in terms of convening a quadrilateral meeting of the Swiss and the Israeli governments, the PNA and the ICRC. The report also affirmed the potential danger in simply tolerating these measures which undermine the norms of international law.

Issam Younis, coordinator of the Unit on Economic and Social Rights at PCHR, indicated that the international community has accepted the applicability of the IV Geneva Convention in the OPT, occupied in 1967. He added that Israel is the only state that refuses to accept the applicability of the Convention on the OPT and that its denial does not contain any legal basis and contradicts the provisions of the Convention. Israel claims, instead, that it applies the humanitarian articles of the Convention de facto which, as Younis pointed out, suggests that Israel erroneously believes that the IV Geneva Convention contains non-humanitarian provisions even though the Convention is considered a fundamental pillar of international humanitarian law. Moreover, the Israeli claim of implementing the humanitarian aspects of the Convention is contradicted by their policies such as the legalization of torture, land confiscation, willful killings, house demolitions and deportations, some of which constitute grave breaches as defined by the IV Geneva Convention and in fact amount to war crimes.

Younis stated the Palestinian position which centers on the demand for the de jure applicability of the Convention and for protection of Palestinian civilians in the OPT. Younis refered to the more than 40 UN Security Council Resolutions between 1967 and 1993 which demand Israel to apply the Convention to the OPT.

Participants discussed the developments and the performance of the Palestinian Authority (PA) during this period and the majority criticized the PA’s performance. Many of the participants referred to the inherent shortcomings of the Oslo Agreements in not recognizing the OPT as being occupied territories and therefore not establishing the applicability of the IV Geneva Convention in those territories. Participants also refered to the danger not only in ignoring the applicability of the Geneva Convention but also in ignoring all other resolutions and provisions in international law that support the rights of Palestinian people.

At the end of the meeting participants reaffirmed the following:

1. The Ministry of Planning and International Cooperation as the representative of the Palestinian government at the meetings with the Swiss government, should issue a comprehensive memorandum detailing its involvement until now.
2. PCHR will prepare a set of guidelines to be taken during the proposed meeting of experts this September, called for in the UN Resolution.
3. The whole matter of the negotiations should be transferred to the PLO since it is the only authority that is authorized to negotiate issues related to the Palestinian people.
4. Any further meetings which the PA participates in should be subjected to the legal scrutiny of Palestinian, Arab and international experts and a legal forum should be established for any Palestinian delegation participating in future meetings.