Phoenall, Victory67,
et al,
This is not a slam-dunk. There is a general consensus here.
Its funny you say that the Mandate for Palestine is no longer valid because many Israelis argue that the promises made to the Jews in the Mandate are still valid.
Of course the Geneva Conventions covers the West Bank. It has a section just about Occupied Territories and the West Bank are clearly Occupied Territories.
The West Bank was legally Occupied by Jordan from 1949 to 1967 and now it is legally Occupied by Israel.
That only applies to those nations bound by the Geneva conventions, Palestine is not bound by the Geneva conventions as they have not signed up to them. Try reading the conventions fully and not cherry picking the parts that suit your POV.
(COMMENT)
While there is an argument to be made, Israel is on the losing side here.
There is no question that after 15 July 1999, the the State of Israel was put on notice that the Geneva Convention Rules do apply to the Occupation of Palestinian Territory.
CONFERENCE OF HIGH CONTRACTING PARTIES TO THE FOURTH GENEVA CONVENTION STATEMENT Geneva said:
This statement reflects the common understanding reached by the participating High Contracting Parties to the Conference.
After consultations among High Contracting Parties, the Conference, as recommended by UN GA Resolution ES-10/6 in its tenth Emergency Special Session 1, convened in Geneva on 15 July 1999.
The participating High Contracting Parties reaffirmed the applicability of the Fourth Geneva Convention to the Occupied Palestinian Territory, including East Jerusalem. Furthermore, they reiterated the need for full respect for the provisions of the said Convention in that Territory.
Taking into consideration the improved atmosphere in the Middle East as a whole, the Conference was adjourned on the understanding that it will convene again in the light of consultations on the development of the humanitarian situation in the field.
Illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied Palestinian Territory said:
3. Reiterates in the strongest terms all the demands made of Israel, the occupying Power, in the above-mentioned resolutions of the tenth emergency special session, including the immediate and full cessation of the construction at Jebel Abu Ghneim and of all other Israeli settlement activities, as well as of all illegal measures and actions in Occupied East Jerusalem, the acceptance of the de jure applicability of the Fourth Geneva Convention and compliance with relevant Security Council resolutions, the cessation and reversal of all actions taken illegally against Palestinian Jerusalemites and the provision of information about goods produced or manufactured in the settlements;
SOURCE: A/RES/ES-10/6 9 February 1999
SOURCE: CONFERENCE OF Geneva, 15 July 1999 HIGH CONTRACTING PARTIES
The overwhelming consensus is that the Fourth Geneva Convention (GCIV) does apply. But there are mitigating circumstances that reduce the severity of the violation. These cannot be denied as well.
While I often hear the inappropriate use of the GCIV, as it is use in this context, relative to the Settlements in the West Bank, there is a very good legal case to be made, even though the original intent was not the same as the situation in the West Bank. But if the GCIV is in general application, then the Palestinians have as much to worry about its application as the Israelis. It is not a one-way document
(Articles 61-69 will apply and strips away the protections to insurgents, terrorist, Jihadist, and Fedayeen).
Most Respectfully,
R
