[News] Israel Top Court Liable For War Crimes For Forcibly Transferring Palestinians: Rights Group

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Thu Feb 7 16:00:01 EST 2019


https://www.telesurenglish.net/news/Israel-Top-Court-Liable-For-War-Crimes-For-Forcibly-Transferring-Palestinians-Rights-Group-20190207-0014.html 



  Israel Top Court Liable For War Crimes For Forcibly Transferring
  Palestinians: Rights Group

February 7, 2019
------------------------------------------------------------------------

Israel’s human rights organization B’Tselem released a report 
<https://www.btselem.org/sites/default/files/publications/201902_fake_justice_eng.pdf> 
Tuesday in which it said that Israel’s Civil Administration which 
governs Area C of the Occupied West Bank, and Israel’s High Court of 
Justice could be liable for war crimes for the “forcible transfer” of 
Palestinians 
<https://www.telesurenglish.net/news/Israel-Approves-Expansion-of-Illegal-Settlement-as-Netanyahu-Makes-Last-minute-Election-Push-20190109-0024.html> 
in the occupied West Bank.

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    <https://www.telesurenglish.net/news/Israeli-Forces-Uproot-Olive-Trees-in-West-Bank-in-Favor-of-Settler-Colonization-20190205-0012.html>

The report, titled, “Fake Justice; The Responsibility Israel’s High 
Court Justices Bear for the Demolition of Palestinian Homes and the 
Dispossession of Palestinians,” looks at the planning policies in West 
Bank with regards to Palestinian property rights.

The policies include reclassifying West Bank territories as Israeli 
state lands which are often done without due process and does not allow 
Palestinians to file legal complaints. “The planning apparatus Israel 
has instituted in the West Bank serves its policy of promoting and 
expanding Israeli takeover of land across the West Bank,” the report said.

B’Tselem also said that Isreal High Court’s support of this policy is 
similar to supporting “forcible transfer” which constitutes a war crime 
under international law.

The report said that “despite hearing arguments that challenged the 
lawfulness of [Israel’s planning] proceedings, in each and every case 
the Court has accepted the state’s argument that Palestinian 
construction is unlawful”.

Due to this, many Palestinians are being dispossessed of their homes and 
facing demolition orders. According to Civil Administration figures, 
16,796 demolition orders were issued against Palestinians from 1988 to 2017.

“It stands to reason that [Israeli] judges are well-aware, or ought to 
be, of the judicial foundations they are cementing in their rulings, and 
the devastating implications of these rulings, including the violation 
of the IHL [international humanitarian law] prohibition on forcible 
transfer,” the report said.

“Therefore, they too – along with the prime minister, senior ministers, 
the chief of staff and other senior military officers – bear personal 
liability for the commission of such crimes.”

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