WASHINGTON, 9 December — American scholars on international law have rejected this week’s declaration by members of the Geneva Convention, which condemns illegal Jewish settlements in the occupied territories and calls on Israel to respect international humanitarian law. Endorsed by 114 countries, the declaration urges Israel to immediately refrain from committing grave breaches of the convention, "which it says counts as war crimes in international law, including summary executions and willful destruction of property."
Israel contends that the fourth Geneva Convention does not apply to the occupied territories because the land is not occupied but "in dispute."
"Sure, it’s a very nice resolution, but it’s nothing more than a piece of paper, since no sanctions are being implemented against Israel," said Francis Boyle, professor of international law at the University of Illinois College of Law. "It’s another instance of damage control. These are war crimes that mandate universal prosecution for those who commit, or order, such grave breaches. This would include Israeli Prime Minister Ariel Sharon himself, but there hasn’t been a call for any Israel military and government official to be prosecuted for these breaches."
Boyle called Israel’s argument that the territories are not occupied but in dispute as "total nonsense". "No one accepts this argument — neither the UN General Assembly, nor the International Red Cross, nor even the US government." Asked why this announcement was not mentioned in the mainstream US media, Boyle said it is a "non-issue for the US press, because the US press has always been completely pro-Israel, especially when it comes to war crimes against Palestinians."
The view by Israel that the territories are in dispute is clearly wrong, said John Quigley, professor of international law at Ohio State University. "The Geneva Convention has often been cited as applicable to Israel. Israel is bound by customary international law, regarding its ‘belligerent occupation.’"
Quigley said that even the Supreme Court of Israel has said that Israel is bound by the customary law of belligerent occupation in its policies in Gaza and the West Bank. "The US has blocked UN action against Israel for many years and is continuing to do so. The hopeful aspect of the Geneva meeting was that other states, particularly European Union members, condemned Israel even in the face of the US refusal to join in that condemnation," said Quigley.
