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OpEdNews Op Eds    H3'ed 12/11/09

Israeli Occupation, Colonialism and Apartheid

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"Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat (out of the fight) by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria."


Its Article 4 defines "protected persons" as follows:


"Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals."


Its Article 49 states:


"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." Neither shall "The Occupying Power....deport or transfer parts of its own civilian population into the territory it occupies."


In addition, numerous UN resolutions established "no legal validity" for occupied land acquisitions or settlement building. When violations of international law occur, no nation may recognize or support the unlawful situation or the state responsible.


In addition, colonialism and apartheid are particularly serious international law breaches because they fundamentally violate core legal order standards and values. The International Court of Justice (ICJ) affirmed self-determination as "one of the essential principles of contemporary international law," obligating all states to respect and promote it. Colonialism is in clear violation.


The 1960 Declaration on the Granting of Independence to Colonial Countries and Peoples (the Declaration on Colonialism), condems "colonialism in all its forms and manifestations," including settlements deemed to be illegal.


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