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OpEdNews Op Eds    H3'ed 3/13/10

Palestinian Dispossession in East Jerusalem

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Under Fourth Geneva's Article 4, East Jerusalem Palestinians are "protected persons," Article 29 stating:


"the party to the conflict in whose hands protected persons may be, is responsible for the treatment accorded to them by its agents, irrespective of any individual responsibility which may be incurred."


Article 27 states:


"Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and....all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion."


In other words, occupied people are ensured absolute protection. Under international law, violations hold no validity, including illegal territorial annexations.


Confiscating and demolishing Palestinian homes for Jewish settlements constitute serious legal breaches. Hague's Article 46 prohibits expropriation, and Article 47 bans pillage.


Fourth Geneva's Article 53 forbids private property destruction, not justified by military necessity that ends when hostilities cease.


Belligerently occupying Sheikh Jarrah "invalidates any recourse to military necessity as the basis of the seizure and proposed destruction of private property." Doing it for 200 exclusively Jewish residential units is a grave international law breach, that under the Rome Statute's Article 8(2)(a)(iv) is a war crime.


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