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Grave Breaches and Individual Criminal Responsibility
The Nuremberg Tribunal established the principle of individual responsibility for committing international crimes directly or by "order(ing), solicit(ing) or induc(ing) the commission of such a crime (as well as) aid(ing), abet(ting) or otherwise assist(ing) in its commission."
These are "grave breaches" under Fourth Geneva's Article 147 and are considered among the most serious war crimes requiring "effective penal sanctions" against persons committing them or ordering them to be committed. As such, all High Contracting Parties are obligated to seek justice by arresting and bringing those responsible before a domestic or foreign court. In other words, for crimes this heinous and others as severe, the well-established universal jurisdiction principle applies.
For Imwas, Yalo and Beit Nouba, at issue are protected persons and property rights under Fourth Geneva and other long-standing international law provisions. As explained above, they're unambiguous so parties in violation must be fully held accountable.
However, in prosecuting war crimes, it's often challenging to establish a clear link between senior commanders and civilian authorities on the one hand and acts committed by their subordinates. Yet the highest authorities can be held responsible if they knew, should have known, and/or failed to take all necessary measures to assure no laws of war were broken.
"In the case of the Latroun villages, evidence of the direct responsibility and complicity of figures (at) the (highest levels of the) political and military leadership presents itself," including the prime minister, members of his cabinet, IDF chief of staff, and his top commanders. They ordered and agreed to actions on the ground by a 10 - 3 cabinet vote.
In addition, "the forcible expulsion and continuing displacement of the Latroun residents was not a once-off occurrence, never to be repeated elsewhere in the OPT." The policy continues unabated and is ongoing through home demolitions, land seizures, settlement expansions, daily harassment, house searches, arrests, killings, torture, cutting off water and power, restricting free movement, curtailing economic activity, denying farmers access to their land, and more in grave violation of international law.
The Right of Return
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