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Spat over international conventions
Published in Al-Ahram Weekly on 16 - 04 - 2014

Having joined the Geneva Conventions, the Palestinians are now hoping that the International Humanitarian Law applying to occupation, to prisoners of war, and to rules of engagement will be brought to bear on the Israelis.
Many have called the move a “historic” one that can change the grim reality of life under occupation and invite more international scrutiny of Israel's actions.
Palestinian President Mahmoud Abbas, who only few weeks ago signed the petition for joining the Geneva Conventions, was thrilled to see his petition accepted.
“We consider the admission of Palestine as a member state of the four Geneva Conventions a historic day for the Palestinian issue and a historic day for the Palestinians,” he said.
Abbas signed the request to join 15 international conventions and treaties on 1 April, having despaired of Israel releasing a fourth batch of long-serving prisoners who were scheduled for freedom in fulfilment of an earlier deal.
Palestinian Foreign Minister Riad Al-Maliki said that, “the admission of Palestine to these Geneva Conventions is essential for using the arsenal of international law to obtain the legitimate rights of the Palestinian people.”
He called on the international community to punish countries not honouring the agreements that Palestine has joined.
Among the agreements Abbas signed were six related to international humanitarian law. These are: the First Geneva Convention on amelioration for the wounded in armies in the field; the Second Geneva Convention on amelioration for the wounded, sick and shipwrecked; the Third Geneva Convention relative to the treatment of prisoners of war; the Fourth Geneva Convention relative to the protection of civilian persons in time of war, as well as the First Additional Protocol to the Geneva Conventions, and The Hague Regulations related to the laws and customs of war on land.
Amgad Al-Shawwa, director of the Palestinian Non-Governmental Organisations Network (PNGO), believes that the move will reinforce the Palestinian position and force member states of the said conventions to take a stricter position on Israel's practices.
“It places us in a better position to ask Israel to commit to implementing the conventions regarding prisoners, and allows the internationalisation of their issue.”
According to Palestinian sources, Israel is holding 4,800 Palestinian prisoners in 22 prisons and detention camps, including 162 children, 17 women and 15 long-serving prisoners.
Al-Shawwa said that the full benefit of Palestine's admission as member of the Geneva Conventions would be realised when Fatah and Hamas are reconciled and the Palestinians can once again speak in one voice.
Two years ago, the UN General Assembly granted Palestine non-member state observer status, thus opening the way for Palestinians to join other international conventions and organisations.
Azzam Shaath, an expert at the Palestinian Centre for Human Rights (PCHR), said that the conventions underscore the legal duties of the Israeli occupation authorities regarding the protection of civilians and the building of settlements.
According to Shaath, 46 Palestinians were killed and 496 were injured in 2013 through attacks by Israeli soldiers whose lives were not threatened in any way.
Between the beginning of the second Intifada in September 2000 and the end of 2013, 7,032 Palestinians were killed by the Israelis, including 5,455 civilians. Tens of thousands were injured, many with lasting disabilities, said a PCHR report.
Shaath called on the Palestinian Authority (PA) to join the International Criminal Court (ICC) so as to pursue Israeli war criminals.
In 2009, the PA applied for membership in the Rome Statute, establishing the ICC, but its request was turned down.
Peace talks between the Palestinians and Israel resumed last July following a three-year hiatus, on the initiative of US Secretary of State John Kerry. The talks were due to last for nine months ending 29 April.
During the talks, the PA agreed to suspend any step towards joining any international treaties in return for Israel's release of four batches of long-serving Israeli prisoners. Israel released three batches and refused to release the fourth batch of 26 prisoners, saying that the Palestinians should agree to extend the talks first.
The Israeli government reacted to the PA signing of applications to join 15 international agreements with a series of political and economic sanctions.
To punish the Palestinians for seeking membership in international conventions, Prime Minister Binyamin Netanyahu told his ministers to limit their communication with their Palestinian counterparts to the topics of security and negotiations.
Israel also imposed a freeze on the transfer of tax revenue it collects on behalf of the PA. The tax revenue, of $130 million per month, is almost two-thirds of the Palestinian budget. The withholding of taxes will more than double the current Palestinian budget deficit, which stands about $100 million per month.
Israel also curtailed the movement of Palestinian individuals and merchandise on various roads and crossings, which can lead to economic losses of nearly $300 million per year for the Palestinians.


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