In view of the upcoming adoption of the country human rights strategy for Israel, which will identify the priorities for EU action on human rights and democracy for the next three years, APRODEV, CIDSE and EMHRN urge the EU to ensure that the human rights country strategy for Israel takes into account Israel’s international humanitarian law (IHL) and human rights (IHRL) obligations in the OPT.
The EU should consider including in its priorities for the next three years the following issues:
– Israel’s IHL obligations as an occupying power to protect civilians, and to respect the basic IHL principles of distinction, military necessity and proportionality;
– The IHL prohibitions on:
- transferring part of the occupier’s population into the occupied territory, (i.e. settlement construction and expansion), as established in article 49.6 of the Fourth Geneva Convention;
- forcibly displacing the occupied population (including revocation of Palestinian residency permits in East Jerusalem);
- destroying civilian property and infrastructure;
- confiscation of private property in the occupied territory (including de facto annexation of Palestinian land by force)
- collective punishment;
– The right to family life (i.e. measures preventing Palestinian family unification);
– The right to life, including the prohibition on extra-judicial killing;
– The absolute right to be free from torture and ill-treatment;
– The fundamental right to freedom of movement;
– Respect for economic, social and cultural rights of Palestinians in the OPT;
– The right to a fair trial;
– The fight against impunity.
APRODEV, CIDSE and EMHRN believe that the adoption of the human rights country strategy is an occasion to implement the EU Guidelines on Promoting Compliance with IHL which establish that respect for IHL in conflict situations is a priority for the EU. In addition, EU Member States are required to ensure respect for the Geneva Conventions in terms of Common Article 1. Including IHL in the local human rights strategy for Israel is a step toward the implementation of these commitments. It is crucial since IHL is the most accurate legal framework to assess the rights of the protected persons under occupation and the responsibilities of an occupying power. Under occupation, IHL and human rights law apply concurrently (with IHL as the lex specialis), therefore an examination of the human rights situation of Palestinians under occupation must include an assessment of compliance with IHL. Furthermore, as stated in the EU Guidelines on Promoting Compliance with IHL, humanitarian law is intended to alleviate the effects of armed conflict on civilians in order to avoid unnecessary suffering and destruction. In this sense, its implementation will also ease the prospects and implementation of a post-conflict settlement.
Besides this, IHL violations such as settlements, the construction of the wall, demolitions of homes and livelihoods, forced displacement, and the closure of Gaza (all referred to as illegal by the EU in the December 2009 Council Conclusions) have also proved to be key threats to development in the OPT and the fulfilment of EU’s aid objectives. These actions jeopardise the effectiveness of donor aid and the possibility of Palestinian state-building supported by the EU. It is therefore not only the EU’s obligation but also in the EU’s interest to address such violations.
Finally, APRODEV, CIDSE and EMHRN believe it is crucial that Israel’s IHL and HR obligations in the OPT are included in the local human rights strategy for Israel, and not the strategy for the OPT, given that the Israeli authorities are the proper interlocutor regarding Israel’s obligations. This is without prejudice to the human rights obligations that the Palestinian Authority has vis-à-vis the Palestinian population.