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Britain and France may recall ambassadors to protest Israel’s settlement construction


Posted on December 03, 2012 by Akashma Online News

Original Excerpts published By UPDATED by Marivel Guzman

Moves against Israel will be made in the next few days following Netanyahu’s decision to move ahead on planning in E1 and build 3,000 housing units in the settlement blocs, and in East Jerusalem, say senior European diplomats.

New Settlement construction of Maale Ademin Near Jerusalem

Britain and France are poised to take action − possibly including the unprecedented step of recalling their ambassadors, according to senior European diplomats − in protest at Prime Minister Benjamin Netanyahu’s decision to move settlement construction ahead in the area known as E1, between Ma’aleh Adumim and Jerusalem.

“This time it won’t just be a condemnation, there will be real action taken against Israel,” a senior European diplomat said.

ILC Draft Code of Crimes against the Peace and Security of Mankind (1991)

Article 22(2)(b) of the 1991 ILC Draft Code of Crimes against the Peace and Security of Mankind considers “the establishment of settlers in an occupied territory and changes to the demographic composition of an occupied territory” as an “exceptionally serious war crime”. Customary international humanitarian law.

Netanyahu’s decision Friday to move ahead on planning in E1 and to build 3,000 housing units in the settlement blocs and in East Jerusalem, has apparently shocked the foreign ministries and the leaders in London and Paris. Not only do Britain and France view construction in E1 as a “red line,” they are reportedly angry because they view Israel as having responded ungratefully to the support the two countries gave it during the recent Gaza operation.

“London is furious about the E1 decision,” a European diplomat told Haaretz.

According to three senior diplomats from various EU countries, Britain and France were coordinating their moves against Israel, which they will reportedly implement over the next few days, and have discussed the extraordinary step of recalling their ambassadors from Tel Aviv for consultations. This step has never been taken before by these countries toward Israel. It would be so extreme that Britain and France may not take such action at this point but, rather, could invoke it in the case of further escalation of Israeli actions against the Palestinians. A final decision in the matter will be made today by the British and the French foreign ministers.

Geneva Convention IV

Article 49, sixth paragraph, of the 1949 Geneva Convention IV provides: “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.” 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.This amount to war crimes. This amount to War Crimes

A source in the Prime Minister’s Bureau said Israel was planning more steps against the Palestinian Authority. “The Palestinians will soon realize they made a mistake in taking unilateral steps that breached agreements with Israel,” the source said.

Israel’s decision to approve 3,000 new homes on occupied territory drew sharp condemnation from European allies on Monday, with at least three governments summoning ambassadors to express their disapproval of an action they say undermines an already troubled peace process.

The Israeli envoy to Paris was called to a meeting late Monday morning, according to a statement from the French foreign ministry spokesman, Philippe Lalliot. France, which was the first major European country to announce support for the Palestinian effort to win recognition at the U.N., also sent a letter to the Israeli government, calling the settlement decision “a considerable obstacle to the two-state solution.”  Israel feel heat from Europe over constructions of settlements

ICC Statute

Under Article 8(2)(b)(viii) of the 1998 ICC Statute, “[t]he transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies” constitutes a war crime in international armed conflicts.  Customary Practice Relating to Rule 130. Transfer of Own Civilian Population into Occupied Territory

Britain, France, and Sweden summoned the Israeli ambassadors to their countries on Monday to express their condemnation of Prime Minister Benjamin Netanyahu’s decision to move settlement construction ahead in the area known as E1, between Ma’aleh Adumim and Jerusalem.

Last July  Netanyahu Vows To Continue Settlement Construction, was the headlines on the Huff Post.

Israel’s prime minister says his government will continue settlement construction in the West Bank.A participant in a closed meeting of parliament’s powerful Defense and Foreign Affairs committee said Prime Minister Benjamin Netanyahu vowed Monday to continue developing areas near Jerusalem, deep inside the West Bank and in the Jordan Valley.The Israeli leader struck a defiant note on settlements days after Israel evacuated a West Bank outpost ruled illegal by Israel’s Supreme Court.The meeting participant spoke on condition of anonymity because the session was closed.The international community, including the U.S., opposes Israeli settlement construction in the West Bank and east Jerusalem, areas Israel captured in the 1967 Mideast war. Palestinians claim those areas for a state, along with the Gaza Strip, which Israel evacuated in 2005.

 After the New Palestinian Update to State everything seems to had changed in the Global Affairs of Israel-Palestine. The new status of Palestine allows it to fill charges in the international criminal court.
Geneva Convention IV

Article 49, sixth paragraph, of the 1949 Geneva Convention IV provides: “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.”

Additional Protocol I

Article 85(4)(a) of the 1977 Additional Protocol I provides that “the transfer by the Occupying Power of parts of its own civilian population into the territory it occupies” is a grave breach of the Protocol

ICC Statute

Under Article 8(2)(b)(viii) of the 1998 ICC Statute, “[t]he transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies” constitutes a war crime in international armed conflicts.  Customary Practice Relating to Rule 130. Transfer of Own Civilian Population into Occupied Territory

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