EU cancels meeting with Israel after settlements vote/EU, take measures against Israel now!

 

 

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EU CANCELS MEETING WITH ISRAEL AFTER SETTLEMENTS

VOTE/EU, TAKE MEASURES AGAINST ISRAEL NOW!/LETTER TO MRS FREDERICA MOGHERINI

 

TO MRS F MOGHERINI

HIGH REPRESENTATIVE-VICE PRESIDENT

FREDERICA MOGHERINI

 

Subject

Israeli regularisation law

An appeal to you to suspend

the EU Israeli Association Agreement until Israel

respects International Law

 

 

”Relations between the Parties, as well as all the provisions of the Agreement itself, shall be based on respect for human rights and democratic principles, which guides their internal and international policy and constitutes an essential element of this Agreement.”

Article 2, EU Israel Assiociation Agreement

http://trade.ec.europa.eu/docl ib/docs/2010/april/tradoc_1460 89.pdf

Dear Mrs Mogherini,

As you know, last december, anno Domini 2016, UN Security Council

adopted Un Resolution 2334, which confirmed again, loud and clear,

the illegality of the Israeli settlements AND, loud and clear again, of Israel

was demanded to stop any expansion of all settlements. [1]

In the meantime you know the Israeli reaction:

The Knesset adoption of the socalled ”regulation law” [2],

also known as the ”land-theft law” [3]

The Israeli paper the Haaretz also writes about

”land theft” [4]

Because what this law involves?

Of course you know, but yet I repeat, to point out to you,

again, of the shameless character of that law:

This law allows Israel to expropriate private Palestinian land in the West Bank where Israeli settlements or outposts have been built.

It denies the Palestinian owners the right to claim the land or take possession of it.

So it is retroactive legalization of Israeli settlements in the

Westbank. [5]

To say it in popular language:

Legalized theft.

The Israeli human rights organisation Btselem states it

strikingly:

´´A semblance of legality to ongoing plunder´ [6]

Of course the whole settlements policy was theft already,

from beginning to end, but now officially legalized.  [7]

INTERNATIONAL CONDEMNATIONS:

I applaud the many condemnations and criticism

of this land robbery law:

Condemnations came from UN Peace envoy Nicolai Mladenov, UN Secretary

General Antonio Guteress, human rights organisations

Amnesty International, Human Rights Watch, Btselem

and Palestinian human rights organisations. [8]

Chancellor of Germany Merkel canceled Israel summit. [9]

And even the Israeli paper the Haaretz protested. [10]

EU CONDEMNATIONS:

Very important, and I applaud that, was the position

the EU [and you as high representive] took:

The EU has cancelled a top level summit

with Israel because of this regulation law. [11]

Mrs Mogherini, your statement as EU High

representative, was powerful. [12]

That the EU, and you, being the High representative, have protested, is a good and strong beginning, but not good enough!

I demand, that you do more, since you have it

in your power.

Moreover, you are being supported by all those

international protests.

I want you to suspend the Association Agreement

with Israel, as the best reaction on this Israeli

land theft law.

It’s easy for you, since the Association Agreement

has a human rights clausule, in article 2 [13]

SO MAKE USE OF THAT!

EPILOGUE

You know very well, that this land robbery law

is a direct result of [this year] 50 years of Israeli

occupation, of which inherent oppression and bloody

military atacks on Gaza, with a high toll of

human lives [14] and the yearlong theft, the

settlements policy, which has been condemned

in numerous international statements [15] and resolutions [16] as

illegal according to article 49, 4th Geneva Convention and

the Hague Convention. [17]

HOW LONG IS THIS GOING TO LAST.

HOW LONG  ISRAEL STILL CAN VIOLATE

INTERNATIONAL LAW, NEGLECTING ALL

UN RESOLUTIONS?

When is finally the moment the EU not only condemns

with words, but acts with deeds?

Let this be the last time, Israel acted with impunity!

Show your guts and suspend the Association

Agreement.

And when Israel persists in violating International

Law, don’t hesistate to end up the Association

Agreement!

And prepare yourself for ecomonic sanctions

against Israel.

I demand it from you!

In the name of Justice.

Let those sanctions go on, until Israel

ends the occupation, dismantles ALL settlements,

ends the Gaza blockade [18], dismantles the illegal Wall [19]

and acknowledges the Palestinian right on return.

If you don’t pressure Israel, either by suspending/ending the

Association Agreement, or by imposing economic sanctions,

I consider you politically as morally accomplice and

co responsible for the Israeli oppression of

the Palestinian people.

Take your responsibility and act.

I count on you.

Kind greetings

Astrid Essed

Amsterdam

The Netherlands

NOTES

[1]

UN SECURITY COUNCIL RESOLUTION 2334

http://www.un.org/webcast/pdfs /SRES2334-2016.pdf

TEXT

United Nations S/RES/2334 (2016) Security Council Distr.: General 23 December 2016

 Resolution 2334 (2016)

 Adopted by the Security Council at its 7853rd meeting, on 23 December 2016

 The Security Council,

Reaffirming its relevant resolutions, including resolutions 242 (1967), 338 (1973), 446 (1979), 452 (1979), 465 (1980), 476 (1980), 478 (1980), 1397 (2002), 1515 (2003), and 1850 (2008),

Guided by the purposes and principles of the Charter of the United Nations, and reaffirming, inter alia, the inadmissibility of the acquisition of territory by force,

Reaffirming the obligation of Israel, the occupying Power, to abide scrupulously by its legal obligations and responsibilities under the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice,

Condemning all measures aimed at altering the demographic composition, character and status of the Palestinian Territory occupied since 1967, including East Jerusalem, including, inter alia, the construction and expansion of settlements, transfer of Israeli settlers, confiscation of land, demolition of homes and displacement of Palestinian civilians, in violation of international humanitarian law and relevant resolutions,

Expressing grave concern that continuing Israeli settlement activities are dangerously imperilling the viability of the two-State solution based on the 1967 lines,

Recalling the obligation under the Quartet Roadmap, endorsed by its resolution 1515 (2003), for a freeze by Israel of all settlement activity, including “natural growth”, and the dismantlement of all settlement outposts erected since March 2001,

Recalling also the obligation under the Quartet roadmap for the Palestinian Authority Security Forces to maintain effective operations aimed at confronting all those engaged in terror and dismantling terrorist capabilities, including the confiscation of illegal weapons, 2/3

Condemning all acts of violence against civilians, including acts of terror, as well as all acts of provocation, incitement and destruction,

Reiterating its vision of a region where two democratic States, Israel and Palestine, live side by side in peace within secure and recognized borders,

Stressing that the status quo is not sustainable and that significant steps, consistent with the transition contemplated by prior agreements, are urgently needed in order to (i) stabilize the situation and to reverse negative trends on the ground, which are steadily eroding the two-State solution and entrenching a one-State reality, and (ii) to create the conditions for successful final status negotiations and for advancing the two-State solution through those negotiations and on the ground,

1.

Reaffirms that the establishment by Israel of settlements in the Palestinian territory occupied since 1967, including East Jerusalem, has no legal validity and constitutes a flagrant violation under international law and a major obstacle to the achievement of the two-State solution and a just, lasting and comprehensive peace;

2.

Reiterates its demand that Israel immediately and completely cease all settlement activities in the occupied Palestinian territory, including East Jerusalem, and that it fully respect all of its legal obligations in this regard;

3.

Underlines that it will not recognize any changes to the 4 June 1967 lines, including with regard to Jerusalem, other than those agreed by the parties through negotiations;

 4.

Stresses that the cessation of all Israeli settlement activities is essential for salvaging the two-State solution, and calls for affirmative steps to be taken immediately to reverse the negative trends on the ground that are imperilling the two-State solution;

 5.

 Calls upon all States, bearing in mind paragraph 1 of this resolution, to distinguish, in their relevant dealings, between the territory of the State of Israel and the territories occupied since 1967;

 6.

Calls for immediate steps to prevent all acts of violence against civilians, including acts of terror, as well as all acts of provocation and destruction, calls for accountability in this regard, and calls for compliance with obligations under international law for the strengthening of ongoing efforts to combat terrorism, including through existing security coordination, and to clearly condemn all acts of terrorism;

7.

Calls upon both parties to act on the basis of international law, including international humanitarian law, and their previous agreements and obligations, to observe calm and restraint, and to refrain from provocative actions, incitement and inflammatory rhetoric, with the aim, inter alia, of de-escalating the situation on the ground, rebuilding trust and confidence, demonstrating through policies and actions a genuine commitment to the two-State solution, and creating the conditions necessary for promoting peace;

8.

Calls upon all parties to continue, in the interest of the promotion of peace and security, to exert collective efforts to launch credible negotiations on all final status issues in the Middle East peace process and within the time frame specified by the Quartet in its statement of 21 September 2010; 3/3

9.

Urges in this regard the intensification and acceleration of international and regional diplomatic efforts and support aimed at achieving, without delay a comprehensive, just and lasting peace in the Middle East on the basis of the relevant United Nations resolutions, the Madrid terms of reference, including the principle of land for peace, the Arab Peace Initiative and the Quartet Roadmap and an end to the Israeli occupation that began in 1967; and underscores in this regard the importance of the ongoing efforts to advance the Arab Peace Initiative, the initiative of France for the convening of an international peace conference, the recent efforts of the Quartet, as well as the efforts of Egypt and the Russian Federation;

10.

Confirms its determination to support the parties throughout the negotiations and in the implementation of an agreement;

11.

Reaffirms its determination to examine practical ways and means to secure the full implementation of its relevant resolutions;

  1. Requests the Secretary-General to report to the Council every three months on the implementation of the provisions of the present resolution;

13.

Decides to remain seized of the matter.

WIKIPEDIA

UN SECURITY COUNCIL RESOLUTION 2334

https://en.wikipedia.org/wiki/ United_Nations_Security_Counci l_Resolution_2334

[2]

WIKIPEDIA

REGULATION LAW

https://en.wikipedia.org/wiki/ Regulation_Law

[3]

THE HAARETZ

THE ISRAELI LAW TO LEGALIZE LAND THEFT

30 JANUARY 2017

http://www.haaretz.com/opinion /editorial/1.768366

TEXT

”The bill to legalize settlements invites the world to conclude that Israel is a criminal state, and should therefore not be spared international sanctions”

Prime Minister Benjamin Netanyahu has become embroiled in two campaigns of criminality. One relates to his private life; his conduct and that of his family are being scrutinized in a series of cases that appear to show contempt for the law, good government and public morality.

The second relates to crime on the national level, and on the international one as well.

On the first front, regarding his alleged personal crimes, the state is the party that’s investigating him and may put him on trial. But on the second front, Netanyahu is liable to put the state on trial, on charges of violating international law. One might almost think the prime minister was avenging himself on the state for having dared to investigate his misconduct.

Now he is planning to take a far-reaching step, to the very brink of the abyss, by advancing a bill that would legalize many settlement outposts built illegally on privately owned Palestinian land. Though he initially opposed it, or at least favored trying to keep it from advancing beyond its initial Knesset vote to its intermediate and final votes, Netanyahu, pressured by competition from the reckless right, and with his police investigations and the tailwind from U.S. President Donald Trump in the background, has asked coalition chairman David Bitan to advance this burglary law.

It isn’t just his rival, Habayit Hayehudi chairman Naftali Bennett, whom Netanyahu is rushing to appease, but also residents of the settlement of Ofra, where nine houses were built on privately owned Palestinian land and are therefore slated for demolition, as well as residents of the illegal outpost of Amona, since plans to transfer them to another nearby site collapsed with a bang when it turned out that this site, too, had Palestinian owners.

The legalization bill isn’t just a direct shot at the High Court of Justice. It also invites the nations of the world, and especially those of the European Union, to conclude that Israel is a criminal state, and should therefore not be spared international sanctions. In this case, Israel’s reliance on Trump won’t help it against a European tribunal that will declare Israel a state deserving of punishment. But it seems international threats have long since ceased to impress Israel’s leaders, who are running the affairs of their villa according to the law of the jungle.

This euphoria ought to keep Israeli citizens awake at night, because if they aren’t concerned about Palestinians’ property rights, they’re assuredly concerned about their own quality of life. And Israel’s citizens are the ones who will pay the price for the kashrut certificate being given to lawless settlements. They will bear the costs of building, maintaining and guarding them; they will be the ones stigmatized as citizens of a law-breaking country; and if Israel is punished, they’re the ones who will pay the fine.

The elected law-breakers who will vote tomorrow to approve the legalization bill have no right to endanger the status and security of all Israeli citizens. Netanyahu, who was revolted by the bill, knows this better than anyone, and he ought to prevent the crime. But he has apparently become a mere hitchhiker on a leadership that he no longer controls.

AL JAZEERA

LAND GRAB LAW ”ALLOWS THEFT, STALLS PEACE PROCESS”

8 FEBRUARY 2017

http://www.aljazeera.com/news/ 2017/02/israel-land-grab-law-e nds-hope-state-solution-170207 143602924.html

[4]

THE HAARETZ

THE ISRAELI LAW TO LEGALIZE LAND THEFT

30 JANUARY 2017

http://www.haaretz.com/opinion /editorial/1.768366

[5]

WIKIPEDIA

REGULATION LAW

https://en.wikipedia.org/wiki/ Regulation_Law

[6]

BTSELEM.ORG

BTSELEM’S RESPONSE TO REGULATION BILL: A SEMBLANCE

OF LEGALITY TO ONGOING PLUNDER

6 FEBRUARY 2017

http://www.btselem.org/press_r eleases/20170206_response_to_r egulation_bill

TEXT:

Published:

6 Feb 2017

The law passed by the Knesset today proves yet again that Israel has no intention of ending its control over the Palestinians or its theft of their land. Lending a semblance of legality to this ongoing act of plunder is a disgrace for the state and its legislature. Passing the bill mere weeks after UN Security Council Resolution 2334 is a slap in the face of the international community. While enshrining the dispossession in law is a new development, in practice it is another facet of the massive land grab carried out openly for decades by declaring “state land”.

[7]

THE HAARETZ

THE ISRAELI LAW TO LEGALIZE LAND THEFT

30 JANUARY 2017

http://www.haaretz.com/opinion /editorial/1.768366

[8]

TIMES OF ISRAEL

UN PEACE ENVOY WARNS ISRAEL OF FAR/REACHING

CONSEQUENCES TO OUTPOST BILL

6 FEBRUARY 2017

http://www.timesofisrael.com/u n-peace-envoy-warns-israel-of- far-reaching-consequences-to- outpost-bill/

REUTERS

UN CHIEF SAYS ISRAELI SETTLEMENT BILL GOES

AGAINST INTERNATIONAL LAW

7 FEBRUARY 2017

http://www.reuters.com/article /us-un-israel-settlement-idUSK BN15M2A2

AMNESTY INTERNATIONAL

TRUMP MUST PUSH FOR END TO ILLEGAL ISRAELI SETTLEMENTS

DURING MEETING WITH NETANYAHU

14 FEBRUARY 2017

https://www.amnesty.org/en/lat est/news/2017/02/trump-must-pu sh-for-end-to-illegal-israeli- settlements-during-meeting-wit h-netanyahu/

Instead of implementing Resolution 2334, the Israeli government has authorized more than 6,000 settlement units and passed a law that effectively legalizes the confiscation of land from Palestinian owners for settlement construction in the West Bank.”

HUMAN RIGHTS WATCH

TRUMP SHOULD PRESS NETANYAHU ON SETTLEMENTS

15 FEBRUARY 2017

https://www.hrw.org/news/2017/ 02/15/trump-should-press-netan yahu-settlements

BTSELEM.ORG

BTSELEM’S RESPONSE TO REGULATION BILL: A SEMBLANCE

OF LEGALITY TO ONGOING PLUNDER

6 FEBRUARY 2017

http://www.btselem.org/press_r eleases/20170206_response_to_r egulation_bill

”The Palestinian Human Rights Organizations Council (PHROC) strongly condemns the Israeli Knesset’s passage of the “Regularization Law,” which legalizes 4,000 housing units in 55 colonial outposts, built on private Palestinian land.”

PHROC CALLS FOR IMMEDIATE ACTION BY

INTERNATIONAL COMMUNITY ON ISRAEL’S

”REGULARIZATION” LAW

9 FEBRUARY 2017

http://www.alhaq.org/advocacy/ targets/palestinian-human-righ ts-organizations/1103-phroc-ca lls-for-immediate-action-by-in ternational-community-on-israe ls-regularization-law

[9]

THE INDEPENDENT

ANGELA MERKEL ANGRILY CANCELS ISRAEL

SUMMIT OVER NEW SETTLEMENTS LAW, REPORT

SAYS

http://www.independent.co.uk/n ews/world/middle-east/angela-m erkel-cancel-israel-summit-new -settlement-law-germany-chance llor-palestinian-territory- gaza-a7579831.html

[10]

THE HAARETZ

EDITORIAL

VOTING ”YES” FOR THEFT

6 FEBRUARY 2017

http://www.haaretz.com/ opinion/editorial/1.769902

TEXT

Assuming that the Knesset vote takes place today as scheduled, the state legislature is going to stain itself dreadfully when it approves what’s been dubbed the “regularization law,” meant to retroactively legalize illegally built homes in the West Bank.

 

The name of the bill is misleading, and not by coincidence.

The bill doesn’t aim to “regularize” but to steal.

If the vote takes place, the majority of our lawmakers will raise their hands to approve a bill that will steal land from Palestinians. The theft will come after the fact; to accommodate settlements and outposts that were built on private land, the land will be expropriated from its owners, while the thieves living on it will be granted “the presumption of innocence.”

To grant this theft a veil of equitableness, Palestinians who can prove ownership will receive increased financial compensation.

The proud leader of this thievery is the Habayit Hayehudi party. As far as the members of this nationalist religious party are concerned, there is no area in the Land of Israel that belongs to non-Jews. That’s also why there’s no point in talking in terms of theft, stealing or expropriation; all we have here is a “misunderstanding” that needs to be “regularized.”

Heading this band of thieves is Habayit Hayehudi chairman Naftali Bennett. The education minister tried to bow and scrape last week before the Amona evacuees, who complained about his inability to prevent their eviction, by promising that the expropriation law would be voted on today, thus “putting an end to the method of legal displacement.”

Bennett is not alone in his struggle against the “method of legal displacement.” He is backed by party colleague Justice Minister Ayelet Shaked, who won’t let trivialities stop the robbery convoy from barreling forward.

The fact that Attorney General Avichai Mendelblit refuses to defend such theft if it gets challenged in court doesn’t deter her. Shaked has found a solution: a private attorney will represent the government.

So that’s how it is. To authorize land theft in the occupied territories the justice minister is prepared to smash the country’s legal norms with her own hands.

And as if to threaten the High Court of Justice, which will probably be asked to rule on this unconstitutional law, the woman meant to defend it delivered the following warning: “If the regularization law is invalidated, there is a series of administrative decisions that the attorney general has already made and stands behind that regularizes most of the settlements.”

Prime Minister Benjamin Netanyahu knows that this bill is immoral, unconstitutional and will certainly do Israel great damage internationally. Netanyahu also knows that the law will be struck down by the High Court of Justice, which will then be smeared mercilessly by the settler right and its Knesset representatives.

Netanyahu is trapped; he knows that the good of the country requires that the bill be buried for good, but on the other hand, he hears MK Betzalel Smotrich declare that “if the regularization bill doesn’t come up [for a vote] on Monday, there will be no government.”

And if there’s one thing that Netanyahu’s long years at the helm have proven, it’s that when asked to choose between the good of the country and his political survival, the country will always come second.”

[11]

THE IRISH NEWS

EU CANCELS MEETING WITH ISRAEL AFTER SETTLEMENTS

VOTE

7 FEBRUARY 2017

http://www.irishtimes.com/news /world/middle-east/eu-cancels- meeting-with-israel-after-sett lements-vote-1.2966516

[12]

STATEMENT BY HIGH REPRESENTATIVE-VICE PRESIDENT

FREDERICA MOGHERINI ON THE ´´REGULARISATION LAW´´

ADOPTED BY THE ISRAELI KNESSET

BRUXELLES, 7 FEBRUARY 2017

https://eeas.europa.eu/headqua rters/headquarters-homepage/20 104/statement-high-representat ivevice-president-federica-mog herini-regularisation-law-adop ted_en

´´TEXT´´

The European Union condemns the recent adoption of the “Regularisation Law” by the Israeli Knesset on 6 February. This law crosses a new and dangerous threshold by legalising under Israeli law the seizure of Palestinian property rights and effectively authorising the confiscation of privately owned Palestinian land in occupied territory. The law may provide for “legalising” numerous settlements and outposts previously considered as illegal even under Israeli law, which would be contrary to previous commitments by Israeli governments and illegal under international law.

In passing this new law, the Israeli parliament has legislated on the legal status of land within occupied territory, which is an issue that remains beyond its jurisdiction.

Should it be implemented, the law would further entrench a one-state reality of unequal rights, perpetual occupation and conflict.

The EU, also in line with recently adopted UN Security Council resolution 2334, considers Israeli settlements in the occupied Palestinian territory to be illegal under international law and condemns the recent settlement announcements. As identified in the recommendations of the report by the Middle East Quartet, such settlements constitute an obstacle to peace and threaten the viability of a two-state solution.

The EU urges the Israeli leadership to refrain from implementing the law and to avoid measures that further raise tensions and endanger the prospects for a peaceful solution to the conflict, so as to reaffirm unequivocally through actions and policy its continued commitment to a two-state solution in order to rebuild mutual trust and create conditions for direct and meaningful negotiations.

[13]

”Relations between the Parties, as well as all the provisions of the Agreement itself, shall be based on respect for human rights and democratic principles, which guides their internal and international policy and constitutes an essential element of this Agreement.”

ARTICLE 2, EURO MEDITERRIAN AGREEMENT

ESTABLISHING AN ASSOCIATION BETWEEN THE

EUROPEAN COMMUNITIES AND THEIR MEMBER STATES OF THE

ONE PART, AND THE STATE OF ISRAEL, OF THE OTHER PART

21 JUNE 2000

http://trade.ec.europa.eu/docl ib/docs/2010/april/tradoc_1460 89.pdf

[14]

ISRAELI MILITARY ATTACKS ON GAZA

”PROTECTIVE EDGE” 2014

FRAGMENTED LIVES

HUMANITARIAN OVERVIEW 2014

MARCH 2015

http://reliefweb.int/sites/rel iefweb.int/files/resources/ann ual_humanitarian_overview_2014 _english_final.pdf

[15]

”The EU considers that settlement building anywhere in the occupied Palestinian Territory, including East Jerusalem, is illegal under international law, constitutes an obstacle to peace and threatens to make a two-state solution impossible. ”

EUROPEAN UNION

MIDDLE EAST PEACE PROCESS

15 JUNE 2016

 

https://eeas.europa.eu/headqua rters/headquarters-homepage/33 7/middle-east-peace-process_en

[16]

UN SECURITY COUNCIL RESOLUTION 2334

http://www.un.org/webcast/pdfs /SRES2334-2016.pdf

UN SECURITY RESOLUTION 465

https://unispal.un.org/DPA/DPR /unispal.nsf/0/5AA254A1C8F8B1C B852560E50075D7D5

TEXT

Resolution 465 (1980)

Adopted by the Security Council at its 2203rd meeting
on 1 March 1980
The Security Council,

Taking note of the reports of the Commission of the Security Council established under resolution 446 (1979) to examine the situation relating to settlements in the Arab territories occupied since 1967, including Jerusalem, contained in documents S/13450 and Corr. 1 and S/13679,

Taking note also of letters from the Permanent Representative of Jordan (S/13801) and the Permanent Representative of Morocco, Chairman of the Islamic Group (S/13802),

Strongly deploring the refusal by Israel to co-operate with the Commission and regretting its formal rejection of resolutions 446 (1979) and 452 (1979),

Affirming once more that the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 is applicable to the Arab territories occupied by Israel since 1967, including Jerusalem,

Deploring the decision of the Government of Israel to officially support Israeli settlement in the Palestinian and other Arab territories occupied since 1967,

Deeply concerned over the practices of the Israeli authorities in implementing that settlement policy in the occupied Arab territories, including Jerusalem, and its consequences for the local Arab and Palestinian population,

Taking into account the need to consider measures for the impartial protection of private and public land and property, and water resources,

Bearing in mind the specific status of Jerusalem and, in particular, the need for protection and preservation of the unique spiritual and religious dimension of the Holy Places in the city,

Drawing attention to the grave consequences which the settlement policy is bound to have on any attempt to reach a comprehensive, just and lasting peace in the Middle East,

Recalling pertinent Security Council resolutions, specifically resolutions 237 (1967) of 14 June 1967, 252 (1968) of 21 May 1968, 267 (1969) of 3 July 1969, 271 (1969) of 15 September 1969 and 298 (1971) of 25 September 1971, as well as the consensus statement made by the President of the Security Council on 11 November 1976,

Having invited Mr. Fahd Qawasmeh, Mayor of Al-Khalil (Hebron), in the occupied territory, to supply it with information pursuant to rule 39 of the provisional rules of procedure,

1. Commends the work done by the Commission in preparing the report contained in document S/13679;

2. Accepts the conclusions and recommendations contained in the above-mentioned report of the Commission;

3. Calls upon all parties, particularly the Government of Israel, to co-operate with the Commission;

4. Strongly deplores the decision of Israel to prohibit the free travel of Mayor Fahd Qawasmeh in order to appear before the Security Council, and requests Israel to permit his free travel to the United Nations headquarters for that purpose;

5. Determines that all measures taken by Israel to change the physical character, demographic composition, institutional structure or status of the Palestinian and other Arab territories occupied since 1967, including Jerusalem, or any part thereof, have no legal validity and that Israel’s policy and practices of settling parts of its population and new immigrants in those territories constitute a flagrant violation of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War and also constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East;

6. Strongly deplores the continuation and persistence of Israel in pursuing those policies and practices and calls upon the Government and people of Israel to rescind those measures, to dismantle the existing settlements and in particular to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem;

7. Calls upon all States not to provide Israel with any assistance to be used specifically in connexion with settlements in the occupied territories;

8. Requests the Commission to continue to examine the situation relating to settlements in the Arab territories occupied since 1967, including Jerusalem, to investigate the reported serious depletion of natural resources, particularly the water resources, with a view to ensuring the protection of those important natural resources of the territories under occupation, and to keep under close scrutiny the implementation of the present resolution;

9. Requests the Commission to report to the Security Council before 1 September 1980, and decides to convene at the earliest possible date thereafter in order to consider the report and the full implementation of the present resolution.”

SECURITY COUNCIL RESOLUTION 446

https://unispal.un.org/DPA/ DPR/unispal.nsf/ db942872b9eae454852560f6005a76 fb/ ba123cded3ea84a5852560e50077c2 dc?OpenDocument

TEXT

The Security Council,
Having heard the statement of the Permanent Representative of Jordan and other statements made before the Council,

Stressing the urgent need to achieve a comprehensive, just and lasting peace in the Middle East,

Affirming once more that the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 1/ is applicable to the Arab territories occupied by Israel since 1967, including Jerusalem,

1. Determines that the policy and practices of Israel in establishing settlements in the Palestinian and other Arab territories occupied since 1967 have no legal validity and constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East;

2. Strongly deplores the failure of Israel to abide by Security Council resolutions 237 (1967) of 14 June 1967, 252 (1968) of 21 May 1968 and 298 (1971) of 25 September 1971 and the consensus statement by the President of the Security Council on 11 November 1976 2/ and General Assembly resolutions 2253 (ES-V) and 2254 (ES-V) of 4 and 14 July 1967, 32/5 of 28 October 1977 and 33/113 of 18 December 1978;

3. Calls once more upon Israel, as the occupying Power, to abide scrupulously by the 1949 Fourth Geneva Convention, to rescind its previous measures and to desist from taking any action which would result in changing the legal status and geographical nature and materially affecting the demographic composition of the Arab territories occupied since 1967, including Jerusalem, and, in particular, not to transfer parts of its own civilian population into the occupied Arab territories;

4. Establishes a Commission consisting of three members of the Security Council, to be appointed by the President of the Council after consultations with the members of the Council, to examine the situation relating to settlements in the Arab territories occupied since 1967, including Jerusalem;

5. Requests the Commission to submit its report to the Security Council by 1 July 1979;

6. Requests the Secretary-General to provide the Commission with the necessary facilities to enable it to carry out its mission.

7. Decides to keep the situation in the occupied territories under constant and close scrutiny and to reconvene in July 1979 to review the situation in the light of the findings of the Commission.

[17]

THE ILLEGALITY OF THE ISRAELI SETTLEMENTS

”The Fourth Geneva Convention prohibits an occupying power from transferring citizens from its own territory to the occupied territory (Article 49).

The Hague Regulations prohibit an occupying power from undertaking permanent changes in the occupied area unless these are due to military needs in the narrow sense of the term, or unless they are undertaken for the benefit of the local population.”

BTSELEM.ORG

LAND EXPROPRIATION AND SETTLEMENTS IN THE INTERNATIONAL

LAW

http://www.btselem.org/settlem ents/international_law

”Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.”

ARTICLE 49, FOURTH GENEVA CONVENTION

https://www.icrc.org/applic/ih l/ihl.nsf/Article.xsp?action=o penDocument&documentId=77068F1 2B8857C4DC12563CD0051BDB0

HAGUE CONVENTION 1907

http://www.opbw.org/int_inst/s ec_docs/1907HC-TEXT.pdf

[18]

BTSELEM.ORG

THE SIEGE ON GAZA

http://www.btselem.org/gaza_ strip/siege

BBC

UN OFFICIAL SLAMS ISRAEL ”CRIMES”

10 DECEMBER 2008

http://news.bbc.co.uk/2/hi/ middle_east/7774988.stm

BLOCKADE ON GAZA/CRIME AGAINST HUMANITY

ASTRID ESSED

14 FEBRUARY 2008

http://la.indymedia.org/news/ 2008/02/213864.php

[19]

INTERNATIONAL COURT OF JUSTICE

LEGAL CONSEQUENCES OF THE CONSTRUCTION OF A WALL

IN THE OCCUPIED PALESTINIAN TERRITORY

9 JULI 2004

http://www.icj-cij.org/docket/ index.php?pr=71&code=mwp&p1=3& p2=4&p3=6&ca

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