Human Rights Violation - Introduction

HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW

The International humanitarian law and human rights law are two legally different but complementary .The purpose of both is to protect individuals against arbitrary acts and abuses. Human rights are inherent to human beings and protect people in all circumstances, in times of war and peace. The International humanitarian law applies only in situations of armed conflict. Therefore, in times of armed conflict, international law of human rights and international humanitarian law apply in a complementary manner. (International Committee of the Red Cross, ICRC)

Israel's policy violates three of the four Geneva Conventions, international treaties promoted by the International Committee of the Red Cross (ICRC) and that have been established as the principal instruments of humanitarian law and protection of the laws of armed conflict. In particular concern was about the lack of implementation by Israel of the Fourth Geneva Convention, which establishes the duty of the occupying powers to fulfill the human rights of civil society.

In summary, we confront a situation of violation of Human Rights (HR) and International Law (IL). Israel violates three of the four Geneva Conventions, especially the Fourth.

Conventions and treaties and other international law documents or unfulfilled:

I, II, III and IV Geneva Conventions (1929 and 1949)
The Hague Conventions (1899 and 1907)
Convention on Cluster Munitions (2008)
Convention against Torture (1985)
Convention on the Rights of the Child (1990)
International Covenant on Civil and Political Rights (1966)
Universal Declaration of Human Rights (1948)
Resolutions 242 and 338 of the Security Council of the United Nations (1967). Court: Case Nuremberg (International Military Tribunal, 1946)
Case Wall in the Occupied Palestinian Territories (International Court of Justice, 2003)
Failure to comply with UN resolutions.


And gathering its criminal attacks on civilian facilities, and arbitrary mass arrests of civilians, detention without trial, extrajudicial executions, systematic torture, restrictions on freedom of movement, etc. The modalities of crimes include:

• 
  Barrier to the provision of medical care: report Red Cross denounces restrictions on Palestinian ambulances or the ICRC, that cause civilian deaths resulting from injuries which violates the Fourth Geneva Convention. If combatants would violate the Second Geneva Convention.

• 
  Attacks on the rights of children: Attacks on schools, arbitrary detention of children, deaths of children during Israeli military attacks and torture against children in detention. The Fourth Geneva Convention (articles 21 and 50) establishes a special protection of the human rights of children.

• 
  Construction of an illegal Wall, as set out in the ToP Wall Case the International Court of Justice (2003). The Court cites the provisions of the Fourth Geneva Convention (Article 53) to prohibit tampering with or destroying property.

• 
  Torture: Israel has also committed violations against the Geneva Convention III, which requires providing a humane treatment for prisoners of war and. The reports include systematic torture against those prisoners / as.
  

• Prohibited weapons. Use of cluster bombs, cluster and phosphorus, is prohibited by the Convention on Cluster Munitions (2008), and landmines, banned by the Ottawa Convention (2008) and regulated by the Hague Conventions.
  

• Collective punishment. The blockade of Gaza violates the IHL as it can only be authorized by the UN Security Council. The collective punishment against an entire population and violation of their basic socio-economic rights are not an acceptable defense policy and violate art. 33 of the Fourth Convention and the International Covenant on ESCR (1966).
  

 

As evidenced by the reports and allegations from various agencies:

- Adalah Legal Center for Arab Minority Rights
- Amnesty International
- Human Rights Watch.
- Physicians for Human Rights
- Palestinian Relief Society
- B'Tselem (Israeli Human Rights Center)
- Al Haq
- Palestinian Centre for Human Rights
- UN

Israel has ignored numerous UN resolutions among which are:

81 General Assembly - November 29, 1947. Partition Plan. (Territory, special arrangements for Bethlehem and Jerusalem)
194 General Assembly - December 11, 1948. Return of the refugee population (endorsed in resolution 3236 of 1974)
242 Security Council - November 22, 1967. Withdrawal from the occupied territories: Gaza, West Bank, East Jerusalem, Syria and Egypt.
3379 defines Zionism as a form of racism
33/71 General Assembly - December 14, 1978. Prohibition of military cooperation with Israel

Security Council 478-Augest 20, 1980. On the Israeli law that appropriates all of Jerusalem.
It is worth noting the work of Jeremy R. Hammond (Dissident Voice) "rogue state: Israeli violations of Security Council Resolutions United Nations, which gathers all the UN resolutions violated by the State of Israel.