Special political committee says Israel's 'grave breaches' of Geneva Convention are 'war crimes and an affront to humanity'.

Special Political Committee says Israel's 'grave breaches' of Geneva Convention are 'war crimes and an affront to humanity'

The Special Political Committee on 8 November asked the General Assembly to declare that Israel's "grave breaches" of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War were "war crimes and an affront to humanity".

The Committee also asked the Assembly to condemn "the continued and persistent violation" by Israel of the 1949 Geneva Convention and other applicable international instruments, and "strongly" condemn 15 specific examples of Israeli policies and practices in the occupied territories.

The body adopted six other draft resolutions under the agenda item on Israeli practices affecting the human rights of the population of the occupied territories.

The draft on the 1949 Convention was adopted by 90 votes to 2 (Israel, United States), with 27 abstentions.

Prior to its adoption as a whole, the Committee approved the paragraph referring to "grave breaches" by a recorded vote of 79 in favour to 18 against, with 23 abstentions.

Another paragraph, approved separately by a recorded vote, would have the Assembly call upon Israel, the occupying Power, to allow the reopening of the Roman Catholic Medical Facility Hospice in Jerusalem to provide needed health and medical services to the city's Arab population. The vote was 117 in favour to 1 against (Israel), with 3 abstentions (Cote d'Ivoire, United States, Zaire).

In other provisions, the Assembly would:

* Strongly condemn the arming of Israeli settlers in the occupied territories to commit acts of violence against Arab civilians and the perpetration of acts of violence by those armed settlers against individuals, causing injury and death and wide-scale damage to Arab property;

* Call upon Israel, the occupying Power, to take immediate steps for the return of all displaced Arab and Palestinian inhabitants to their homes or former places of residence in the occupied territories;

* Request the Security Council to ensure Israel's respect for and compliance with all the provisions of the 1949 Geneva Convention in the occupied territories, and to initiate measures to halt Israeli policies and practices in those territories; and

* Extend the mandate of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories for another year.

By other drafts approved, the Committee asked the Assembly to:

* Call upon Israel to release all Arabs arbitrarily detained and/or imprisoned as a result of their struggle for self-determination, and demand that Israel release immediately Ziyad Abu Ein and others, who had been arbitrarily detained after their release (77 to 2 (Israel, United States), with 29 abstentions);

* Demand that Israel, the occupying Power, desist forthwith from taking any action which would result in changing the legal status, geographical nature or demographic composition of the occupied territories, including Jerusalem; and determine that all measures and actions taken by Israel in those territories designed to change their legal status, geographical nature and demographic composition had no legal validity (118 to 1 (Israel), with 2 abstentions (Malawi, United States));

* Demand that Israel, the occupying Power, rescind the illegal measures taken by the Israeli military occupation authorities in expelling the Mayor of Halhul, the Sharia Judge of Hebron and other Palestinians expelled during 1985, and that it facilitate the immediate return of the expelled Palestinians (106 to 1 (Israel), with 14 abstentions);

(Prior to adopting that draft as a whole, the Committee approved one paragraph asking the Assembly to strongly condemn Israel, the occupying Power, "for its persistent refusal to comply with the relevant Security Council and General Assembly resolutions" (98 to 2 (Israel, United States), with 22 abstentions).)

* Strongly condemn Israel, the occupying Power, for its refusal to comply with the relevant resolutions of the Assembly and the Security Council, particularly Council resolution 497 (1981), in which it had decided that Israel's decision to impose its laws, jurisdiction and administration in the occupied Syrian Golan Heights was null and void and without international legal effect and had demanded that Israel should rescind its decision (114 to 1 (Israel), with 6 abstentions (Cote d'Ivoire, Liberia, Malawi, Swaziland, United States, Zaire));

* Condemn the systematic Israeli campaign of repression against and closing of universities and other educational and vocational institutions in the occupied territories, and restricting and impeding the academic activities of Palestinian universities in contravention of the 1949 Geneva Convention (92 to 2 (Israel, United States), with 26 abstentions);

(Prior to adopting that draft as a whole, the Committee adopted one provision asking the Assembly to condemn Israeli policies and practices against Palestinian students and faculties in educational institutions in the occupied territories, especially the policy of opening fire on defenceless students (84 to 2 (Israel, United States), with 34 abstentions).)

* Strongly demand that Israel comply with the provisions of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War in the occupied territories, including Jerusalem, and urgently call upon all States parties to that Convention to exert all efforts to ensure respect for and compliance with its provisions in those territories (114 to 1 (Israel), with 5 abstentions (Cote d'Ivoire, Liberia, Malawi, United States, Zaire)).

(Prior to adopting that draft as a whole, the Committee adopted one paragraph asking the Assembly to reaffirm that that Convention was applicable to the occupied territories (117 to 1 (Israel), with 2 abstentions (Cote d'Ivoire, Zaire).)

Report: The main report on occupied territories reviewed by the Special Political Committee was that of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories (A/40/702), containing information for the period from 14 September 1984 to 30 August 1985. The data was based on testimony given at hearings held in Geneva, Damascus, Amman and Cairo by persons with first-hand experience of the human rights situation in the occupied territories.

In a letter transmitting the report, the Chairman of the Special Committee,

Nissanka Wijewardane (Sri Lanka), stated that the "hardship of the day-to-day life of the civilian population is illustrated by the escalation of violence and of the activities carried out by the settlers who do not hesitate to impose their authority wherever and whenever the opportunity arises".

The "military occupation authorities", he went on, continued to apply measures "that seriously affect the ability of civilians to exercise several fundamental freedoms, namely the freedom of expression, the freedom of movement, academic and also religious freedoms, as well as the freedom of association".

Statements had been made by Israeli officials, including Prime Minister Shimon Peres, aimed at improving and developing the quality of life of the population of the West Bank and the Gaza Strip, the report observed. However, contradictory aspects could easily appear in comparison with the policy in force. Farmers, as well as small factories, had not bad bans lifted against marketing their products, not only in foreign markets to which Israel exported--as was promised by Mr. Peres--but even in Israel itself. Arab presidents of the occupied territories continued to experience serious difficulties in coping with the new tax system imposed on them.

In its conclusions, the Special Committee stated that "all sectors of life of the civilian population, whether in regard to their civil or political rights or in regard to their economic, social or cultural rights, are constantly pervaded by the continuing and relentless policy of the authorities to annex and settle the occupied territories". The Committee concluded that the situation in the occupied territories was "grave", and that the "cycle of violence is bound to continue and that the situation therefore will remain explosive".

Other reports: The Secretary-General reported (A/40/542) in pursuance of resolution 39/95 G, by which the Assembly condemned Israeli policies and practices against Palestinian students and faculties in educational institutions in the occupied Palestinian territories. He said Israel had rejected the accusations levelled against it in the resolution. Israel maintained that whereas the population in the territories had increased by about 28 per cent during the years of Israeli administration, the total number of pupils receiving schooling in governmental, UNRWA and private educational networks had increased by 104 per cent while the number of classes run solely by the Government had increased by more than 100 per cent. Israel said it had enabled the establishment of five universities as well as other colleges and teacher-training schools. Academic activity on the university campuses was conducted without interference by the Israeli administration, but when security and public order were endangered, authorities were permitted by international law to restore and maintain public order and safety, Israel stated.

The Secretary-General also reported (A/40/583) in pursuance of resolution 39/95 H concerning the assassination attempts against the Mayors of Nablus, Ramallah and Al Bireh. Israel had provided details of the conviction and sentencing of the men involved in carrying out actions against the Mayors. On 10 July, 15 men had been convicted of terrorism by a three-judge panel, 10 of which had been charged with activities leading to the attacks against the Mayors. Of those 10, one had received life imprisonment and the remaining nine had received terms ranging from three to 10 years.

The Secretary-General reported (A/40/649) and Add. 1) in line with resolution 39/95 F concerning Israeli legislative or administrative measures and other actions in the occupied Syrian Golan Heights. Israel had said that its position had been set out fully in a letter of 29 December 1981 (S/14821).

He also reported (A/40/541) in pursuance of resolution 39/95 E in which the Assembly demanded that Israel rescind its illegal measures in expelling and imprisoning the Mayors of Hebron and Halhul and in expelling the Sharia Judge of Hebron, and that it facilitate their immediate return so that they could resume their functions. Israel, he said, stated that its considerations had been fully set out in its statement to the Security Council on 19 December 1980 and in letters of 23 January 1981 (A/36/85-S/14350) and 19 March 1982 (A/37/162) to the Secretary-General.

The Secretary-General reported (A/40/686) under resolution 39/95 A, in which the Assembly demanded that Israel release all prisoners, including Ziyad Abu Ein, who were duly registered to be freed from Insar Camp and other military command posts in southern Lebanon and Israel. According to international press reports, he said, Mr. Abu Ein had been released on 20 May 1985, but was taken into custody on 31 July 1985 and issued with an order of administrative detention.

Debate

The majority of the 53 participants in the debate were critical of the policies of Israel regarding the occupied territories.

Jordan said Israel's assertion that the occupied territories were part of Israel's territory was being implemented in words and deeds. Israel had designed all its military and economic actions to make life impossible for the inhabitants of those territories, thus forcing them to migrate. Such actions as wearing an Arab headdress or organizing a poetry reading were considered security threats. Certain groups of people had been forbidden to go abroad even to obtain vital medical treatment. Israel's repressive policies leading to the detention and arrest of students were undermining the educational infrastructure. Any slowing-down of the establishment of Israeli settlements was due to economic factors, not policy change.

The Syrian Arab Republic said Israel had broadened its policies of repression, oppression and terror in the occupied territories. Israeli colinialism affected the agriculture, economu, education and culture of an entire people. Israel had committed crimes against humanity and had violated the Geneva Convention. The attempt by Zionist leaders to portray the resistance to their occupation authorities as terrorist acts was a trick to hide their crimes.

Egypt condemned Israeli practices in the occupied territories, practices aimed at usurping Arab land. Israeli measures had served to strengthen Palestinian resistance. Israel had escalated its repressive measures. Arab acceptance of Israel required Israel to loosen its grip on the occupied territories. Until Israel renounced its policies, Egypt would continue to condemn Israeli measures in the occupied territories, as well as to unmask those practices which contradicted legal norms. Egypt would also continue to encourage all steps that could lead to a peaceful settlement.

The representative of the Palestine Liberation Organization (PLO) said the conditions under which Palestinians lived in occupied Palestine were "inhuman". Since the fall of 1984, there had been an acceleration of the use of Israel's "iron fist" policy against the people in the occupied territories. Thousands of Palestinians had been detained or imprisoned, many of whom were children. Torture in an Israeli prison was common practice. The occupied territories were being turned into a massive Israeli prison for Palestinians. Israel had been waging a massive campaign to destroy the political, economic and social infrastructure and will of Palestinians living under occupation.

Israel first aimed at the total annihilation of Palestinian society and then the total annexation of all Palestinian land under Israeli military occupation. Jewish settlements, the number of which was rising, were becoming towns and small cities. Since 28 August, Israel's campaign of escalation and repression had assumed a more brutal and intense dimension. Punitive measures were in order, especially by the Security Council. Israel's arrogance enjoyed encouragement and support from the United States. Palestinians would continue to resist Israeli occupation. Their determination would never be broken.

Israel said a minimum guarantee of basic human rights for the civilian population in the occupied territories could be ensured if Arab States made a clear break with their present policies of belligerence and connivance with terrorism. Settlements had been built on land that was almost exclusively State land. The area encompassed by the settlements had remained stable at about 5 per cent of the toral area of Judea, Samaria and Gaza. The inhabitants of those Jewish villages accounted for about 3 per cent of the total population of the territories. There were procedures to protect the rights and interests of local claimants which had worked reasonably well. The demolition of houses was resorted to only as an extreme preventive and deterrent measure to save human lives threatened by terrorism.

Israel denied the "grave allegations" made against Israeli settlers and the Jewish underground in the Special Committee's report. The information conveyed was for the most part "distorted, incongruous or patently false". Israel's Arab citizens constituted a sizeable and influential minority active in the country's political, economic and cultural life. The trend was the same in Judea, Samaria and Gaza, although the pace there was slower. Israel had taken over those adjacent districts in a war of self-defence. Defence remained Israel's paramount consideration. Today, Israel controlled the hill range along the Jordan River and the entirety of its coastline. That was all the more necessary because of an additional menace--terrorism.