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occupied Palestinian territory: The forced transfer of Bedouin communities in the oPt

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Source: Diakonia Sweden
Country: occupied Palestinian territory

The proposed relocation plan of 2,300 Arab Jahalin Bedouins from the Jerusalem periphery to a site next to the Abu Dis Municipal garbage dump, due to commence in January 2012, is a clear violation of international humanitarian law. Furthermore, it is a grave breach of the Geneva Conventions - an unquestionable war crime and possibly a crime against humanity. This policy is also in violation of clear prohibitions under human rights law, including the right to private and family life, and infringes upon the right to an adequate standard of living. In addition, it may also amount to inhumane treatment. Due to these violations of the international legal framework, the plan should be halted immediately and any steps taken to go through with this plan must be investigated by domestic authorities, and, failing this, the international community.

Article 49 of the Fourth Geneva Convention (GCIV), a convention universally ratified, including by Israel, sets out the clear framework regarding the displacement of civilians during situations of occupation. The occupied nature of the West Bank is not in question, with a plethora of international documentations stating this fact, coupled with the Israeli High Court of Justice clearly setting out that Israel has the status of Occupying Power. Article 49 of the Geneva Convention is unambiguous in stating in the text of Article 49 that individual or mass forcible transfer is strictly prohibited, regardless of the motive. Furthermore a violation of Article 49 is deemed to be a grave breach under Article 147 GCIV.


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