toomuchtime_,
et al,
First, I did not bring up Article 49 of the GCVI, but merely responded to the improper interpretation. I used the RS-8-2b(viii).
Again, the GC conventions clearly refer to forcible transfers of population, and this did not occur in the West Bank. If you want to talk about original intent, the original intent of the Fourth Geneva Conventions was to deal the the occupation of sovereign territory of on high contracting party by another high contracting party, and since the West Bank and Gaza were not recognized as the sovereign territory of any nation, the Fourth Geneva Conventions do not apply, thus there is no legal occupation as described in that treaty and none of article 49 is relevant.
Annexation by population is not a legal principle, it is a propaganda line. Under the spin you are putting on article 49, it would have been a war crime for the Israeli government to have allowed a single Israeli to have moved into the West Bank, which is preposterous. What's more, nations aren't guilty of war crimes under customary international law, individuals are, so who would be the war criminal? The Israeli who moved of his own free will?
There are land disputes and boundary disputes which the PA refuses to negotiate, but as the Fourth Geneva Conventions are written, there are no war crimes here.
Because of Arab objections, Israel remains the only member of the UN which has never been allowed to serve on the Security Council and because of Arab objections Israel's Magen David Alom was denied membership in the International Red Cross until 2006. Israel has every reason to be suspicious of bias from international organizations, and no honest person who is familiar with the facts would dismiss these concerns as paranoia.
(COMMENT)
Now I agree that jurisdiction can be challenged, but not after each side stipulates:
It so happens that the International Court of Justice (ICJ) has already rendered one "opinion" and "Advisory," on one aspect of the issue. And they used the GCVI:
Para 120 Page 51 of the Court's opinion [Advisory Opinion July 9 2004) said:
120. As regards these settlemeilts, the Court notes that Article 49, paragraph 6, of the Fourth Geneva Convention provides: "The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies." That provision prohibits not only deportations or forced transfers of population such as those carried out during the Second World War, but also any measures taken by an occupying Power in order to oirganize or encourage transfers of parts of its own population into the ciccupied territory.
In this respect, the information provided to the Court shows that, since 1977, Israel has conducted a policy and developed practices involving the establishment of Settlements in the Occupied Palestinian Territory, contrary to the terms of Article 49, paragraph 6, just cited.
.
.
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The Council reaffirnned its position in resolutions 452 (1979) of 20 July 1979 and 465 (1980) of 1 March 1980. Indeed, in the latter case it described "Israel's policy and practices of settling parts of its population and new immigrantis in [the occupied] territories" as a "flagrant violation" of the Fourth Geneva Convention.
SOURCE:
http://www.icj-cij.org/docket/files/131/1671.pdf
No matter what my background may be, the opinion is "probable cause."
Now, I again emphasize, that the tone and manner of the court suggest that the ICJ may not acknowledge jurisdiction. (Totally unclear!) But that doesn't mean that International Law was not broken. It only means that no one wants to enforce the law.
(OBSERVATION)
Now that I have provided you the .pdf link, you might find it interesting to read the document starting with Para 147.
Having said that, I am no harder on the Israeli side of the equation as I am on the Palestinian side.
Most Respectfully,
R