Israel Breaking Palestinian Bones and Article 32 of the IV Geneva Convention
IV GENEVA CONVENTION, RATIFICATION O 1949
Part III: STATUS AND TREATMENT OF PROTECTED PERSONS
SECTION I – PROVISIONS COMMON TO THE TERRITORIES OF THE PARTIES TO THE CONFLICT AND THE OCCUPIED TERRITORIES.
ARTICLE 32 – PROHIBITION OF CORPORAL PUNISHMENT, TORTURE, ETC.
The High Contracting Parties specifically agree that each of them is prohibited from taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishment, mutilation and medical or scientific experiments not necessitated by the medical treatment of a protected person, but also to any other measures of brutality whether applied by civilian or military agents.
The principle stated in Article 27 of absolute respect for the human person might have constituted a sufficient guarantee for protected persons in itself. However, the memory of the barbaric acts of which there were only too many examples in the two world wars showed the need to strengthen this principle and to prohibit expressly all acts contrary to it.
C. Corporal punishment and mutilation.- These expressions are sufficiently clear not to need lengthy comment. Like torture, they are covered by the general idea of “physical suffering.” Mutilation, a particularly reprehensible and heinous form of attack on the human person, is also included in the list of “grave breaches’ and is mentioned formally in Article 147 among “acts willfully causing great suffering or serious injury to body or health.” Furthermore, it is expressly forbidden by Article 3 of the Convention.
Will violations of International of International Law will send Israel to the ICC?
Who or what is the ICC?
The International Criminal Court (ICC), located in The Hague, is the court of last resort for prosecution of genocide, warcrimes, and crimes against humanity. Its founding treaty, the Rome Statute, entered into force on July 1, 2002.
Who is watching Israel?
“Israeli forces killed at least 15 Palestinian civilians in the West Bank, most in circumstances that suggest the killings were unlawful. Israeli authorities destroyed homes and other property under discriminatory practices, forcibly displacing hundreds of Palestinian residents in West Bank areas under Israeli control, as well as hundreds of Bedouin citizens of Israel.” Human Rights Watch
“Israeli forces committed war crimes and human rights violations during a 50-day military offensive in the Gaza Strip that killed over 1,500 civilians, including 539 children, wounded thousands more civilians, and caused massive civilian displacement and destruction of property and vital services.” Amnesty International 2014 Report
“The ICRC started work in Israel and the occupied territories in 1948, following the first Israeli-Arab conflict. Its presence became permanent in the aftermath of the 1967 war. The organization focuses on the protection of civilians and the welfare of detainees held in Israeli and Palestinian places of detention, and helps the most vulnerable. The ICRC supports the Palestine Red Crescent Society and the Magen David Adom (the Israeli National Society).” ICRC in the Palestinian Occupied Territories
Mainly these three organizations have the legal authority to investigate, and collect evidence that can help to prove the allegations of human rights violations in the occupied territories, but due to the wide spread International Solidarity Movement, its members live in the occupied territories, are both; victims and witness of Israel crimes, for several years its member has been collecting evidence against Israel.
“As we demand that Israel acknowledges and respects international law and put an end to apartheid and its occupation, we must also stand firmly against any form of prejudice, regardless of the target. We oppose any form of bigotry directed at people based on ethnicity, physical appearance, origin, gender, sexuality, physical ability, age, religion and are not limited to just these concerns. We support full equality of all people and expect all ISM volunteers to adhere to these beliefs and take a strong stance against anti-Semitism, Islamophobia and Zionism. In line with a 2012 Palestinian declaration, we object to the baseless use of the term anti-Semitism as a tool for stifling criticism of Israel or opposition to Zionism, partly as this falsely conflates being Jewish with support for an ideology, Zionism, or the colonial and apartheid policies of a state, Israel.” International Solidarity Movement