By Ted Belman
The Rome Statute (1998) created the International Criminal Court (ICC) and gave it jurisdiction over war crimes which it defined to be:
(a) Grave breaches of the Geneva Conventions of 12 August 1949
(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
This provision was added at the request of the PA after much lobbying and arm-twisting. It was specifically designed to make settlement construction a war crime. Its language goes beyond the Fourth Geneva Convention which stipulates, “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.”.
This provision was inserted in 1949 to make Germany’s forceful transfer of its own population into the occupied territory, a war crime. The PA wanted to elevate this FGC restriction to a war crime which the FGC does not do. Further they wanted to remove the issue of force and so inserted the words “directly or indirectly”
Both the US and Israel have not ratified the Treaty fearing prosecution. But the ICC still has jurisdiction to proceed against them in limited circumstances.
Israel maintains that the FGC does not apply because Israel’s occupation of the territories is sui generis, ie, unique. The Levy Report affirmed this. And even if it did apply there is no provision that prevents Jews from moving there voluntarily. After all the British Mandate gave Jews the right of close settlement of these lands. The word “indirectly” was inserted in the Rome Statute to argue that Israel was indirectly transferring its citizens there by building roads and providing services.
If the ICC decides to prosecute, Netanyahu and a few senior officials will be in the dock. It can proceed even if Netanyahu doesn’t submit to its jurisdiction. For the sake of argument, lets say that Netanyahu gets convicted, what does that mean for the settlements or the settlers. Can the Court order that the settlements be destroyed? I think not. Can it expel the settlers? I think not, because the settlers themselves have broken no law.
this libel declared in public by the Liar In Chief is fully the result of weak leadership by the Israeli PM. The liar in chief says that the Jewish homeland belongs to the fakestinians and BB will not contradict him. It is BB who is repsonsible for the medieval blood libel that the Jews are stealing the land of the muslims… he has allowed this lie to fester and spread solely because he never said, and never says, these words:
“JEWISH SETTLEMENT IN YS IS LEGAL AND LEGITIMATE”
therefore obama is a liar attempting to spread blood libels about the Jewish people stealing from others, these blood libels spread by obama and enabled by BB is the cause of deaths of Jews throughout the world and the current wave of terror in Israel.
Whats wrong with BB netanyahu, why cant he disagree with the blood libelers and tell them that they are wrong….. it appears to the world that BB has admitted to the Jewish thefts and justified the murders of Jews. Moreso the same is true of the Israeli Jews in that enable BB by not demanding that he reject and ridicule those medieval blood libels accusing Jews of theft of their own homeland.
@ stevenl:
I shore nff do agree with yawl.
honeybee Said:
I gave the antidote here many times
bernard ross Said:
Israelis should demand this mantra to be chanted daily at every opportunity by their Jewish PM… if not, then Jews and Israelis should stop whining that the rest of the world says they are “illegal and illegitimate”. It begins at home in Israel and there is the only place that the cure for this lunatic disease can be implemented…. again, here is my prescription for Israelis who still cant figure out why the world calls them illegal and illegitimate…. the DUH moment:
bernard ross Said:
Jews must daily follow this prescription and then they will start to see a change in their condition…. if not, expect it to get worse… its not rocket science… demand the PM daily repeat the mantra to heal the jewish nation and rid it of traitors.
Why has Netanyahu NEVER, NEVER, NEVER uttered those words in the last 8 years of his reign????????????????????????????????????????????????????
@ honeybee:
I strongly believe, with ALL my heart, in the UN as the Int. Center for the Promotion and Propagation of Worldwide Antisemitism!
The “Babel” of Antisemitism!
Beeeeeeeeeee z!
/An UN-educated and biased view from the BRIDGE! That is what happens when you are born and raised Muslim, convert to communism and espouse violent anti-Christian values while converting a 2nd time to the the family of the crusaders and living the life “de la Gauche CAVIAR”!
For those who know NOT French: “rich socialist” like the Clin family!
In the EU we call them: Des Parvenus”. Quickly became rich in contrast to “rich families”! In both cases they have not made their fortune honestly!!! In general!
Better empty talk than damaging actions!
@ bernard ross:
@ stevenl:
@ keelie:
Obama just denounced Israel for occupying Pals land in his speech to the UN..
stevenl Said:
Believe in G-D and not the UN. Heretical.
How can settling on your ancestral lands be a war crime? One exception that confirms the rule: the Jews!!!
Morally, historically, legally, artifactually and DIVINELY it is all Jewish land.
Perhaps it is high time to believe in G-D!
@ keelie:
We done stole all that there land and earl [Texas for oil] from them Mesicans [ Texas for Mexicans] and it were financed by yawl Jews. Abraham and Sarah Levi of Victoria. Texas
@ honeybee:
I would go further and ponder the fact that the whole of the USA is “war crime”. Most likely Mexico too… And let’s not forget Canada… Australia and New Zealand aren’t looking too good either…
Then, of course, there’s Tibet…
Talk about opening up a can of worms…
Israel has clearly sought to limit the education of Jewish Israelis as to the Jews legitimate and legal rights to settle west of the JOrdan river. If Israelis were aware, they would not be confused enought to ludicrously argue as to the legitimacy or legality of Jewish settlement. The blame is ENTIRELY upon the state of Israel and its Jewish citizens for fostering the false narratives and the refusal of its PM to utter these 100% true words:
“JEWISH SETTLEMENT IN YS IS LEGAL AND LEGITIMATE”
The Israeli PM should state these words daily to all the defamers, delgitimizers, liars and those seeking peace talks… if the PM of Israel refuses to say those words his face should be rubbed in shit like a naughty dog who shat up the place.
Aryeh Said:
your conclusion is correct except you do not explain why israel obstructs Jews illegally from settling in YS… and why the PM has never in the past 8 years uttered this simple truth:
“JEWISH SETTLEMENT IN YS IS LEGAL AND LEGITIMATE”
It is not that he is afraid of the foreigners because if he speaks the words he can still restrict jewish settlement… NO… it is because he is afraid that Israelis upon hearing this truth and verifying its factual nature would then demand that Jews be settled in YS. All historical legal documents support Jewish settlement in YS and yet Israel obstructs it. Because the state of Israel does not want the arabs and does not annex they have destroyed the rights of all world jewry which are legally enshrined in international law of LON mandate and UN article 80. Israel need not annex but it still has an obligation as the entity administering the area to settle jews according to international law… if it is afraid to annex and move Israelis there then settle diaspora jews with no citizenship in Israel as existed before the creation of the modern state. Settling diaspora jews cannot be disputed under international law as it is clearly a legal obligation… the dispute and confusion is over settleing Israelis as a violation of the GC.. Israel created and maintains that confusion and for its own agenda destroys world jewry’s settlement rights there.
Aryeh Said:
the LEGAL confusion results from Israel’s declaration after conquering and pushing out Jordan that it would govern the area under the Geneva Convention and Israeli courts have interpreted law which restricts jewish settlement according to those declarations of the state of Israel. Israel did this because it did not want to annex the land with the arabs but they have illegally restricted jewish settlement as a result. The whole occupation narrative was created by Israel and they still rule YS under the laws of that narrative.
Everyone on this site is aware of the history in great detail which you summarized.
There is no “occupying power” because there is no international border. First Great Britain committed itself to giving all of Palestine to the Jews. Then, it convinced the League of Nations to divide Palestine into two states, one Arab to the east of the Jordan River and one Jewish to the west. Then they tried to give most of the “Jewish” part to the Arabs. The Arabs were not satisfied with most. They invaded. They attacked several times, and in 1967 they invaded again. This time Israel pushed them out. In doing so Israel is now in control of the land it was promised in the second go-around. It is free to do what it wants in it.
bernard ross Said:
ykkks the whole of South Texas is ” war crime” !!!!!!!!!!!
As the geneva convention is used to swindle Jews I keep recommending the following solution which makes the Geneva convetion completely irrelevant:
massively immigrate non Israeli diaspora Jews and settle them on the vacant gov lands of YS, as specifically designated in the LON mandate. Immigrate whole villages or other whole Jewish collectives, orgs, etc. Legislate a US style Homestead Act stating the mission to mitigate the damages caused by the prior obstruction of mandated Jewish settlement by the 3 nations, as an affirmative action program designed to rectify the past damages. Give free land grants in YS to those Jews in order to to it quickly and massively. NO israeli citizens will be involved in this program so the Geneva convention will be irrelevant and cannot be claimed whereas it will satisfy international law which obligates all nations, who administrate the areas AND who signed the LON and UN charter, to facilitate the “immigration and close settlement”.
Folks dont realize that those attempting to use Geneva already know that it does not apply in this case but the Israeli gov not annexing and having stated it will administrate as an occupation under the GC has muddied the waters legally. However, settling non israeli world jewry complies with the GC AND the LON mandate which still legally obtains. A trick to deal with the tricksters.
After they are settled these jews can petition for annexation to Israel if they desire. Israels obligation as the current administrator is to settle world jewry, according to the letter of the law. Israel has no right to deprive world jewry of their sole interest in the designated mandate land… therefore any agreements signed by Israel in contradiction of the principle of jewish settlement is null and void.