montelatici, et al,
Well, I don't think so.
What laws has Israel broken? It would take hours, but let's just look at two.
Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.
The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.
Besides being victims of ethnic cleansing and genocide (read the definition of genocide before claiming that since the Palestinians have increased in number genocide doesn't apply).
(COMMENT)
With the exception of the ICJ, the specific laws cited where not yet in effect.
The International Court of Justice (ICJ) was established in June 1945 by the Charter of the United Nations and began work in April 1946.
The International Court of Justice acts as a world court. The Court has a dual jurisdiction : it decides, in accordance with international law, disputes of a legal nature that are submitted to it by States (jurisdiction in contentious cases); and it gives advisory opinions on legal questions at the request of the organs of the United Nations or specialized agencies authorized to make such a request (advisory jurisdiction).
Israel declared Independence in May 1948
Israel was admitted to the UN May 1949
Armistice Agreements mid-1949
The Geneva Convention VI went into force October 1950
The Rome Statutes of the International Criminal Court (July 2002)
To start, the Mandatory/LoN/UN did not safeguard the civil, political and economic interests of the Muslims and Christians, did not provide for the creation of a national independent Government for the Muslims and Christians in accordance with paragraph 4, Article 22, of the Covenant of the League of Nations, did not provide religious equality to the Christians and Muslim.
(OBSERVATION)
The
Covenant of the League of Nations:
Article 22.
To those colonies and territories which as a consequence of the late war [World War I] have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilization and that securities for the formance of this trust should be embodied in this Covenant.
The best method of giving practical effect to this principle is that the tutelage of such peoples should be entrusted to advanced nations who by reason of their resources, their experience or their geographical position can best undertake this responsibility, and who are willing to accept it, and that this tutelage should be exercised by them as Mandatories on behalf of the League.
The character of the mandate must differ according to the stage of the development of the people, the geographical situation of the territory, its economic conditions and other similar circumstances.
Certain communities formerly belonging to the Turkish empire have reached a stage of development where their existence as independent nations can be provisionally recognized subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone. The wishes of these communities must be a principal consideration in the selection of the Mandatory.
Other peoples, especially those of Central Africa, are at such a stage that the Mandatory must be responsible for the administration of the territory under conditions which will guarantee freedom of conscience and religion, subject only to the maintenance of public order and morals, the prohibition of abuses such as the slave trade, the arms traffic and the liquor traffic, and the prevention of the establishment of fortifications or military and naval bases and of military training of the natives for other than police purposes and the defence of territory, and will also secure equal opportunities for the trade
and commerce of other Members of the League.
There are territories, such as South-West Africa and certain of the South Pacific Islands, which, owing to the sparseness of their population, or their small size, or their remoteness from the centres of civilization, or their geographical contiguity to the territory of the Mandatory, and other circumstances, can be best administered under the laws of the Mandatory as integral portions of its territory, subject to the safeguards above-mentioned in the interests of the indigenous population.
In every case of Mandate, the Mandatory shall render to the Council an annual report in reference to the territory committed to its charge.
The degree of authority, control or administration to be exercised by the Mandatory shall, if not previously agreed upon by the Members of the League, be explicitly defined in each case by the Council.
A permanent Commission shall be constituted to receive and examine the annual reports of the Mandatories and to advise the Council on all matters relating to the observance of the mandates.
(COMMENT)
The Article 22/4 of the LoN Covenant, does not say anything along the line: "creation of a national independent Government for the Muslims and Christians." It does mention the provisional recognition of independent nations; but with no specificity.
The LoN Covenant did not stipulate any safeguards relative to the civil, political and economic interests of the Muslims and Christians. However, the Preamble and Article 2 of the
Mandate for Palestine, does stipulate "safeguarding the civil and religious rights of all the inhabitants of Palestine, irrespective of race and religion." However it does stipulate that "The Mandatory shall be responsible for placing the country under such political, administrative and economic conditions as will secure the establishment of the Jewish national home."
Having said that, it is very consistent with the Trustee System "to promote the political, economic, social, and educational advancement of the inhabitants of the trust territories, and their progressive development towards self-government or independence," during benevolent administration.
Again, I fail to find anything that could be considered a violation of the LoN Covenant or the UN Charter; as you have indicated.
(COMMENT) --- Spirit and Intent
Relative to the specific allegation, "genocide" means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such. The term
"genocide" did not exist before 1944. It is a very specific term, referring to violent crimes committed against groups with the intent to destroy the existence of the group; or the deliberate and systematic destruction of a group of people because of their ethnicity, nationality,
religion, or race.
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
The State of Israel has no policy or criminal intent to destroy or to cripple permanently the Arab Palestinian. The State of Israel does not perform acts that are directed against Arab Palestinians or a program of destruction only because they belong to the group of Arab Palestinians. (
Defining genocide: the Nürnberg Charter --- Encyclopedia Britannica).
Most Respectfully,
R