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SPECIAL RAPPORTEUR ON
OCCUPIED TERRITORIES "HORRIFIED" AT ISRAELI ACTION IN GAZA
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19 May 2004
The Special Rapporteur of the Commission on Human Rights on the
situation of human rights in the Palestinian territory occupied by
Israel since 1967, John Dugard, today made the following statement :
"The Special Rapporteur of the Commission on Human Rights on the
situation of human rights in the Palestinian territory occupied by
Israel since 1967 wishes to add his voice to those who have
expressed their horror and concern about Israeli military action in
Gaza and in particular in Rafah. Conservative estimates show that
2,200 persons have lost their homes following the demolition of 191
homes in Gaza since the beginning of May. Over 30 Palestinians have
been killed and hundreds injured. The refugees of Rafah are once
more having to seek refuge in temporary structures. These actions
constitute a violation of international humanitarian law and
constitute war crimes under Article 147 of the Geneva Convention
relative to the Protection of Civilian Persons in Time of War, of 12
August 1949 (Fourth Geneva Convention). They also amount to
collective punishment which violates both humanitarian law and
international human rights law. It is impossible to accept the
Israeli argument that these actions are justified by military
necessity. On the contrary, in the language of Article 147 of the
Fourth Geneva Convention, they are "carried out unlawfully and
wantonly".
In the first instance, the Special Rapporteur calls upon the
Government of Israel to desist from such activity and to observe its
international obligations. The Special Rapporteur also calls on the
Security Council to take appropriate action to stop the violence, if
necessary by the imposition of mandatory arms embargo on Israel of
the kind that was imposed on South Africa in 1977. The Special
Rapporteur reminds Members of the Security Council in general and
the Permanent Members of the Security Council in particular of their
obligations to take action to restore international peace and
security in the region. The Special Rapporteur sees no reason why an
arms embargo should not be an appropriate measure. The Special
Rapporteur is aware of the tendency of some Member States to use the
veto in all action affecting Israel. In this respect, they repeat
the behaviour of Permanent Members in respect of South Africa before
1977. The Special Rapporteur urgently calls on all Member States of
the Security Council to behave responsibly, in accordance with their
international obligations, and not to allow domestic political
considerations to undermine their international obligations". |
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