Let me add this study to me on the Rights of Palestinian children.
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D. Mohammed Nasser Al Khawaldeh
Rights of Palestinian children under Israeli occupation
In the light of the provisions of international law
Introduction:
Described the Universal Declaration of Human Rights – in accordance with the decision of the General Assembly approve it – as a “common standard of achievement for all peoples and all nations, even every individual and every organ of society, keeping this Declaration constantly in mind, to strengthen respect for these rights and freedoms through education education, and progressive measures of national and global ensure their recognition and observance of universal and effective between the member states themselves and the peoples of territories under their jurisdiction “.
The Universal Declaration of opening a continuum of global standards issued under the aegis of the United Nations and reflect the effort the members of this Organization to ensure that human rights and peoples, and the provision of international guarantees for their protection.
One of these instruments in the sphere of human rights, articles concerning children’s rights, and refugees, protection of women and children.
Which are:
- Year 1959 – 20/11 Declaration of the Rights of the Child.
- Year 1966 – 16/12 Protocol on the Status of Refugees.
- Year 1974 – 14/12 Declaration on the local women and children in situations of emergency and armed conflict.
And here we recall that Article (24) International Convention on Civil and Political Rights of United Nations documents on human rights.
Stated in Article 24:
1 – Every child is entitled to protection measures required by the status of a minor to his family and all of society and the State, without distinction as to race, color, sex, language or religion, or national or social origin, property or birth.
2 – record of each child immediately after birth and shall have a name.
3 – Every child has the right to a nationality.
As for the law of occupation and the rights of citizens under occupation may represent the following:
1. Dealt with the law of belligerent occupation rights of citizens living under occupation and also addressed the rights and duties in the administration of occupied territories, known in accordance with the provisions of international law established that the presence of occupying state in the territories occupied by the physical presence temporarily does not have the permanence and continuity, and therefore the principle of a fixed base which was approved by the law of belligerent occupation that the occupying power does not exercise its full powers exercised by the State of origin of sovereignty over the territory.
There are several principles governing the status of the occupation forces and powers, and these principles are determined by the rights and duties of the Occupying Power may not be overtaken by the most notable of these principles: -
A. That the possession of the occupation forces to the territory of the other forces of occupation of the territory is occupied by a temporary possession.
B. Originally the work of the occupation illegal and legal support him, but if it arises from a mandate from the regulations of the State or a state of self-defense.
C. The sovereignty of the occupied territories remain stable for the State of origin and move around to the occupying Power exercising effective power only.
D. That the jurisdiction exercised by the occupation authorities on the occupied territory and its population does not rise to the level of full jurisdiction exercised by the sovereign country of origin and remain Although retaining its interim report on the practice stopped.
E. That what comes out of the occupation authorities of procedures and practices and acts and actions that do not credible, or recognized accompanied and entry into force only if they had been issued in accordance with the provisions of international law and consistent with the purposes of international and transcend them, and that the actions of the occupation authorities are subject to review after the end of occupation and the return to power the sovereign to its territory.
2. Administration of the occupied territory: There are two methods Tarikhian management Territories under occupation, resides in the extent to which the occupying Power to the provisions of international law or breaches of these rules, they are either to leave the Government in the occupied territory, which was managed by continuing to work for the moment the occupation began with the supervision of these government in the occupied territory, which was managed by continuing to work for the moment the occupation began with the supervision of this government for the purpose of keeping its own security and armed forces to replace this government, a new military government or a civilian appointed by the state of Israel agreeing to ensure their loyalty.
There are examples Tarikhian in this regard: -
The first is the obligation of the State occupation rules of the law of belligerent occupation in its management of the lands they occupied and to keep all the national authorities that exist in these lands before the entry with the left proceed Achtsatha without the intervention of the city except to the extent required by the decisions of war, which it did when I entered the English troops led by General Montgomery to Libya in the month of November (November) in 1942 after the expulsion of the Italian forces which have been announced by General said in a statement issued by his respect for the national authorities based in Libya and it will not deal only with those who threaten the security of his army, and Gen. Montgomery that it would apply all the rules of private international law the occupied territories if they were not contrary to the decisions of war.
A second example of contrast first example, it is in violation of state occupation of the rules of the law of belligerent occupation in the will of the land occupied by the cancellation of the national authorities of all existing and establishment of authorities to client work in their favor so as occurred in World War II, when Germany occupied territories (Poland, Danzj , Denmark, Norway, Belgium, Oxberg, Aloksas and Lorraine, of Yugoslavia, Greece, Austria, France …) was established in the occupied territories of Germany military administration in every country occupied. This meant the German occupation of European territory and set up new governments in Germany of the occupied territories, the transfer of national governments outside the country, known as the (government in exile) (1)
Respect for the individual and family under the rules of belligerent occupation:
3. Established the Convention on the protection of civilians under occupation and an international agreement, the rules of good treatment to civilians in the occupied territories, the Orteurtn article 27 that ((protected persons in all circumstances to respect for their persons, their honor, their family rights ….)).
It is known that the Fourth Geneva Convention of 1949 on the protection of those civilians in time of war are international conventions that have teamed to most of the world and therefore have a global one and that means the enjoyment of these and other conventions of the Geneva Conventions as binding for most countries, this is referred to by Mr. Miloud former director International Red Cross Committee. (2)
It should be noted that Israel is a party to the Fourth Geneva Convention of 1949 Nashar to it, has shown substantial reservations to this Convention to prevent their application in the occupied Arab territories and abide by them and the only reservation expressed by its representative at the signing of this Agreement is a reservation formality to the use of (Israel) Magen David Adom to sign and label.
Respect the right of the person referred to in this Agreement but based on the earlier version in similar material brought by the Geneva Convention of 1929 on prisoners of war and to respect the person who died a prisoner of war, and that this right is established in article (46) of the Hague Regulations.
The concept of the truth is that it addresses all rights glue of the human person, which stemmed from his humanity, including its existence and potential of mental health and to respect his thinking and his spirits and secrets and personal aspects of his private life so that the air be subject to defamation or trade publicly, this right includes also the right to move freely and act freely, and this means that impose restrictions on him in time of war or under occupation.
The Article 27 provision in question requires respect for family rights for persons of civilians protected under this Convention in order to preserve the sacred bonds of marriage, protection and the protection of parents and children who make up one family which is the kernel of the natural community. (3)
It follows from this right to respect of family formation and dispersal and non-discrimination among its members, and respect for housing in which she lives so as not to be subject to any attack, or exposure of any violation of its sanctity, and family rights include the protection of women so as not to encroach on their honor and dignity. (4)
The Under article 82 of the Fourth Convention in question are not separated family, Vahtrama rights family of citizens under occupation, noted this article is that in case of arrest, which may incur as a family, it should assess the family members together in one detainee and in particular parents and children throughout the the period of detention and that possible to be valued family members in one building and allocates them to the place of a separate residence for the rest of the detainees, along with the necessary facilities for living in family life, and noted this article as well as that for a detainee children, leaving them without family care, it may be claimed bring non-detained children to live with him in prison.
That respect for family rights, including as far from that is not only to maintain family ties, coherence and non-dispersion, but requires work to restore family reunion that was exposed to pieces and separation as a result of war events, as stipulated in Article 25 of the Fourth Convention in terms of allowing people resident in the occupied territories to give the children of a personal nature to members of their families wherever they are and receive news from them and that the occupation authorities to facilitate communications between family members, are also bound by Rule 26 of the Convention in question between the dispute shall facilitate the conducting of investigations carried out by the separated families to know the members due to war circumstances with a view to renewing contact and the meeting of members of these families, if possible, as well as to encourage the institutions working for the annexation of separated families and gather them.
4. I have already this Agreement Declaration of Human Rights, which decided to respect for persons and the family, protection and family rights, as decided at the first article that people are born free and equal in dignity and rights, and is known that the golden rule in the human rights defined by Islam fourteen centuries ago when he said the Caliph Omar bin the letter in response to the complaint of the Egyptian citizen against the Son and to Egypt, Amr ibn al-Aas ((When did you enslave the people after their mother, free)) and stated in Article Sixteen of the Declaration of Human Rights ((The family is the natural and fundamental unit of society and is entitled to protection by society and the State) ).
It must also be mentioned that the European Convention on Human Rights decided in Article VIII, that every person in respect for his private and family residence and Mrslath)). (5)
It goes without saying that the statement P Declaration of Human Rights is a fundamental law of Lenny human beings must take into account peacetime and wartime, may not be used for any reason to violate these rights and the lack of such a declaration or interpretation of its provisions so that entitles a group or nation has the right to do an activity or action aimed at the destruction of these rights and freedoms set forth herein, as referred to in Article (30) of the Universal Declaration of Human Rights.
The international conventions other concerned with the rights of family, the family of the International Convention on Economic, Social and Cultural Rights, which stated in Section III of the States parties and signatories to this Agreement decided should be accorded to the family wider possible protection and assistance as a social unit of natural and fundamental group unit in society, and stated the need to action for the protection of all children and young persons without discrimination for any reason.
And The International Convention on Civil and Political Rights in Section III of Article (23) on ((that the family is the basic social unit in the natural and fundamental group of society and is entitled to protection by society and the state)).
And decided the convention itself in Article (24) of which ((that every child has the right to protection measures required by the status of a minor to his family, both the community and the State and that, without discrimination on grounds of race, color, sex, language or religion, or national or social origin, property, or birth)).
In this context, considered the Nuremberg Tribunal that the attack in honor of the individuals in the occupied territories and the prejudice of their personal, family and separation of families and exposure to women and restrictions on the freedom of people, civilian residents under occupation considered such acts and acts of crimes against humanity in addition to being one of the acts that is where the ill-treatment of civilians in the occupied territories. (6)
And condemned the courts and other national actions of the occupation authorities and their rulers to the citizens, civilians living under occupation, also condemned the scholars of international law and Hraha in their book, writings occupation authorities during World Wars I and II and other wars committed by these authorities from acts against civilians in violation of the law of belligerent occupation.
The right of children in care and education in international conventions:
5. Provided the first paragraph of Article (50) of the Convention to protect civilians under occupation as follows: -
((To facilitate state of Israel with the help of national and local authorities the new administration of all the facilities for child care and education)).
The text came after the exposure of children during World War II to displacement, murder and neglect as a result of violation of human rights, it is children who have lost their parents during the war and a number of members of their families, bringing many of whom no one to provide shelter or Patron sponsors are keen to secure their future, which prompted the General of the United Nations to the establishment of UNICEF in 1946 to care for children who have been displaced by the Second World War and to provide them with assistance.
Also served as the International Red Cross to house the construction of houses, radio stations, particularly in areas where the conflict erupted jurist war grinds to evaluate the direct appeals to parents to identify their children between what is all of the children by the Red Cross Society is referenced. (7)
6. Have tried to the International Red Cross to draft a convention to determine custody of the children the right education, the war in the occupied territories during the war and that was in 1939, this project did not appear to come into being until the Elaboration of a Convention to protect civilians under occupation was assisted by their authors what came in the draft Red Cross Society, however, the latest agreement in the light of the provisions of article fifty of them decided to more effective protection of children from previous project.
Did not specify (50) of the Convention in question to be child-protection jurisprudence, and therefore I went to that age can be considered reasonable criterion for determining warranty protection and care is the age that begins at a young age to fifteen.
Of course, the facilities which led to this article shall be found to care for children but includes in addition to children’s homes hospitals and social welfare centers and others, and that it follows Sulttn occupation in collaboration with national and local authorities to provide good management of these facilities and if you can not local or national authorities to carry out these commitments become incumbent on the occupying authorities to take it herself.
States in paragraph II of the Article (50) already referred to ((Occupying Power shall make all necessary steps to facilitate discrimination of children and a personal registration of their parentage may not be in any way as to change their personal or integrate them in formations or organizations subordinate)).
The aim of this text in the Convention is to urge the occupation authorities and the development of commitments in order to protect children and to distinguish their personalities and registration of their parentage protection of the humanitarian community mixing of lineages, lost children, and also aims to ban the occupation authorities to integrate the children in the organizations the military or its affiliated organizations or forced to volunteer in these military institutions or the like.
If we have reviewed paragraphs 3, 4.5 other article (50) of the Fourth Geneva Convention to protect civilians under occupation, we find that they arranged in the third paragraph on the occupation authorities to take necessary measures for the care and education of children in the case of Afteragahm from their parents because of the war and the success of whether the arrangements and facilities set up by the local authorities are insufficient and inadequate.
Also addressed the fourth paragraph of the theme the distinction between personal children doubtful in their character causing the scourge of war and the need to establish a register containing details of the particular parents or relatives, while referring to the fifth paragraph that the Occupying Power to apply whatever actions are more appropriate for children under the age of seven years, was in place before the occupation with respect to nutritional, protection and medical care to them.
Thus we see that Article (50) of the Fourth Convention in all its clauses establishes the right of children living under occupation in the care and education, and the preservation of genealogy and selection of family and occupation authorities committed to abide by the provisions of this Article of the Fourth Convention, which is an important part of the law of belligerent occupation.
In view of the international community’s attention to children and their rights was approved by the General Assembly of the United Nations in 1959, the Declaration on the Rights of the Child has included the announcement of ten principles provide for the protection of children and to ensure its inception and growth physically, mentally and morally, spiritually and socially in a framework of dignity and freedom without discrimination for any reason, and the need to maintain child’s name and nationality. (8) and the International Convention adopted by the General Assembly of the United Nations on 16/12/1996 on Civil and Political Rights stated in the third section, including provision for and protection of children without distinction of color, gender, language, religion or nationality, As stated last child to be registered immediately after birth and shall have a name and nationality.
We conclude from all this that children’s rights in international conventions and declarations of human rights are protected in time of war and peacetime, these rights has arranged commitments for the occupying power in time of war we have to in a timely manner.
Proceedings of the Israeli crimes as the occupying power against civilians
7. Committed many crimes against civilians in the occupied territories by the Israeli occupation authorities, including murders and crimes of torture and ill-treatment of civilians and crimes of indecent assault and the arrest of revenge and crimes of violation of judicial rights, and crimes of forced relocation and Chwin reunite families, and if some of these crimes have been committed against children did not exceed fifteen and against young people, Israel as the occupying power has violated the Fourth Geneva Convention and the Universal Declaration of Rights of the Child and the Universal Declaration of Human Rights has issued several condemnations of the General Assembly of the United Nations and the Security Council against Israel as the occupying power in the wake of its occupation of Palestine and other Arab territories in 1967, and these decisions :
(1) Resolution No. (237) date 14.06.1967 of the UN Security Council, which demanded a commitment to apply the Geneva Conventions of 1949 and for the treatment of civilians in time of war, and demanded of the Council (Israel) to ensure the security, safety and welfare of the civilian population in areas held by the military operations. (9)
(2) Resolution No. (2252) Date 07.04.1967 of the General Assembly of the United Nations, which supported the UN Security Council Resolution No. (237) which stressed the necessity of respecting human rights and need to apply the Geneva Conventions of 1949 on the civilian population.
(3) Decision No. (1) of the International Conference for Human Rights on 12/5/19868 complex in Tehran, which he expressed his deep concern for human rights violations in occupied Arab territories as a result of the 1967 war and the attention of the (Israel) to the serious implications of non-observance fundamental freedoms and human rights in the occupied territories, as called for this conference to ((the appointment of a special committee to investigate human rights violations in the territories occupied by Israel and to report thereon)). (10)
8. But in this study will limit ourselves to establishing the facts concerning Israel’s violations of the Fourth Geneva Convention on treatment of children and the separation of families.
Facts:
Instructions issued by the Israeli military authorities in the West Bank with regard to children enrolled in the identities of their mothers and highlight these instructions as follows: -
1. Does not allow any woman from the West Bank and is currently in abroad to return to the West she and her children since her husband was not carrying identity (Israeli) (No. NS).
2. The right to enter the mother and her children after the elimination of the identity of the boys mother and obtain permits regular visit to them provided that each of them was born a Jordanian passport of their own.
And the consequences of this resolution are as follows: -
1. Cancel the residence of children enrolled in the identities of mothers married to non-residents of the occupied homeland.
2. That the resolution of thousands of children hovering have the right to their mothers and their families.
3. This decision deprives mothers from joining their family and their families in the West Bank.
If we review the details of the instructions issued by the Israeli occupation authorities is clear to us that:
1. If the father and mother hold the Israeli identity and of the Son was born outside the West Bank and the old is greater than four years do not accept the registration and thus remain outside the West away from their parents.
2. If the child’s age less than four years with the terms prescribed in paragraph (1) can be registered.
3. If the child is born outside the West Bank and the mother was carrying an Israeli identity card, this means that in accordance with the decision that the child facilities not treated as a citizen and at the age of sixteen deleted from the registry is not allowed to enter only a visitor.
9. The legal nature of these instructions: The instructions issued by the military governor of the West Bank or the military authorities for which the Department assumes that do not conflict with the law of belligerent occupation, and with the international conventions to which (Israel) is a party as one of the ((states)), signed it, this On the other hand is not permissible for the occupation authority to change the legislation applicable in the occupied territories, but that the obligations of occupying powers to respect existing laws in the occupied territories, as the rule known that it was not the occupation authorities exercise an act does not have the right to exercise only the legitimate authority of the sovereign law of the territory Golan (National Government) Article (43) of the Hague Regulations as follows:
“The State of the occupation .. To respect the laws in force in occupied territory, unless otherwise rob them of necessity ”
As well as Article (64) poverty a Convention for the Protection of civilians under occupation, should not prejudice the legislation prevailing before the start of the occupation, and if the material (43) of the Hague Regulations have added text to the article “What not eliminate necessary otherwise” this Alistiina should not be taken in the broad sense, and of necessity must be exaggerated, and its real size, has been interpreted Vvgahae international law, this phrase explaining the meaning of “necessary”, and dimensions as the conditions that forced the occupation authorities to amend these laws repealed or enacted new laws and regulations from the lawful to carry out their duties mandated the maintenance of public order and public life in the occupied territories, as well as protect the security, if any occupation authorities that the legislation in force in occupied territory are inadequate to perform these duties and carry out these responsibilities for the benefit of the population of the occupied territory are inadequate to perform these duties and carry out these responsibilities to maintain security and order in these laws or disabled to the extent required by the circumstances.
The question in this context is the establishment of Palestinian children in the home and registered the identities of their mothers married to non-residents in the occupied homeland security is the need to call for the abolition of Jordanian legislation as the legislation of a window of hope? Do you whom have not registered and would denial of access to their mothers and their families is a security necessity for modifying the legislation by the occupying power?
If the smell of the occupation authorities the right to amend existing legislation, other legislation and administrative orders and military do not have a legislative nature issued by the competent authority of the legislation should it not take into account the law of occupation military command? And the Fourth Geneva Convention to protect civilians under occupation, which is (Israel) is a party without a reservation before?
The answers to these questions clearly define the legal nature of these “orders” and instructions, these instructions are illegal to repeal legislation in force for the State of tamarisk and without any legal justification or a factor necessary to repeal the legislation in force, and that these instructions are non-existent to oppose sharp and clear, international conventions and in particular the Fourth Geneva Convention to protect civilians under occupation and the Universal Declaration of the Rights of the Child.
If we take into account that the application of such administrative instructions separation of families, which constitutes a violation of the provisions of Article (27) of the Fourth Geneva Convention to protect civilians under occupation, Article (82) of them, but to this Convention, which stipulates that respect for the rights of family and family ties but It also aims to include all families of the diaspora was, does this help the administrative decision to achieve this end?
10. The application of the occupation authorities will of Palestinian families have dispersed and deprive children of parental care, as it deprives mothers to join their families in the West Bank, and to determine the age of four years as a criterion to permit registration of the child and his residence with his parents is a standard arbitrary and support him in the Geneva Conventions and the Hague Regulations not in the legislation of the State of origin, and if it was known that the national legislation in force does not deprive the children in any circumstances to stay in their country and attend with their parents, even if born in the far the world in any country in the world and lived there until age young people or even old age, that a situation Such does not prevent them from returning to their homeland, how the case may be, which still children in need of care and attention.
This action by the occupying power and its incompatibility with the Universal Declaration of Human Rights and the Universal Declaration of Rights of the Child, it is a violation of the belligerent occupation which does not make the actual power of the authorities of occupation, the rule of law on the region but that their presence there is temporary must end the withdrawal of troops Military Authority’s territories and jurisdiction exercised by the limited jurisdiction, it goes without saying that the main objective of unreported Help Israeli occupation authorities on children and mothers is to remove all the occupied territories of the population and meet the dimensions of the demographic of the Palestinian problem, which is the growing proportion of the population between the Arab citizens at a high rate .
The rules of the law of belligerent occupation, whether those set forth in the Hague Regulations or the Geneva Convention for the Protection of Allamdnyin have the status of ethics binding on all States even for those that have not signed it as that contained in the Hague Regulations (1899 – 1907) is only a report to the prevailing rules of customary among civilized during the nineteenth century, has pointed out, “CD” in this regard, saying, “The Hague Conventions and regulations of war thereto is still the law in effect binding and that the evidence for that is to contain the law of war, U.S. ground of 1956, the provisions of these Regulations. ( 11) The Court considered Nuremberg, the Hague Regulations Related peremptory binding on all States as revealing knew it was stable before the development of such regulations, not to creating new rules, so they are applicable to all States, whether a party or were not. (12)
It should be noted also that the Geneva Convention to protect civilians is one of the treaties with global collective character of jus cogens does not apply to this Agreement Rules Almaroftan in international justice and international practice first decided that the treaties do not create rights and obligations only between the resulting Opartyha. It was decided that the second that treaties do not be a source of or obligation to others, Valhadtan referred to did not concern the Geneva Convention on protection of civilians because of its universality, and thus similar to the United Nations is binding on all countries of the world, including States not Parties to this Charter. (13)
As noted above, that “Israel” is a party to the Fourth Geneva Convention of 1949 for the Protection of Civilian Persons in Time of War, and as this agreement is an agreement with the rules of ethics and binding on the violation raise international liability, and exposure violator of the States of the penalty which must now be signed by the international community, which includes includes article on the situation to what it was and the reunification of separated families and the abolition of administrative orders which prevent children and return to their mothers in the occupied territories, or between mothers and reunited with their families in these areas occupied by Israeli forces.
Recommendations:
1. To be and we are studying the legal dimension of the actions of the Israeli occupation authorities towards children and depriving them of joining their families for their care and education and about the mothers and the denial of joining their families in the occupied Arab territories in Palestine in light of the decision by the Israeli military authorities recently, we must also underline the seriousness of this action and its continuation will create some sort of problems through the separation of families and non-reunited, and the experience of the Israeli occupation since 1967 indicate indifference to the Israeli occupation authorities of civilians under occupation in protecting them from arbitrary actions that constitute a violation of the law to apply the Fourth Geneva Convention for the Protection of Civilian Persons in Time of War, and there conditions that must be provided for the appointment of the Protecting Powers shall remind them of the event, the following:
be the Protecting Power “The Protecting Power” is a neutral country.v
for the State to which territory is occupied chosen to protect their interests.v
the consent of three parties to be appointed by the Protecting Power and these parties are: -v
First Party: neutral state itself which must accept this role.
Second Party: State whose territory is occupied and that wish to choose the Protecting Power to protect their nationals who are under occupation.
Third Party: State of the occupation, which must be approved by the State protective functions and activities within the territory it occupies.
The text was contained on the role of the Protecting Power in supervising the application of the provisions of the Geneva Convention to protect civilians in Article IX of the Convention itself, and concludes from the text of the article referred to is that there is a role mandatory for the State of the garrison, and that all Parties to the Convention are committed to accept the States by the State and also included facilities given to the Protecting Power and the limitations of the Protecting Power must be bound. It approved the agreement in question of the States Parties to the selection of an international organization duties of the Protecting Power to apply the provisions of this Convention and its implementation.
In the absence of a Protecting Power or the international organization that application of this Convention for the protection of civilians under occupation has provided second paragraph of Article 11 () of the Fourth Geneva Convention to protect civilians on the following:
“If you do not benefit protected persons or stopped for any reason that they benefit from the protective efforts of the State or international organization referred to the occupation, the State may request a neutral State or to the representatives of the organization should ensure that the duties imposed under this Convention to the Protecting Power on by the Parties to the conflict.”
Thus, the agreement gave the state of Israel has the right to request the appointment of another State as an alternative to the duties of the Protecting Power in the absence of such State for any reason, but the state of Israel does not enjoy full freedom in choosing the State alternative but must be characterized by this state with atheism, and the requirement neutrality is essential that can not be exceeded, for example, may not be the state of your choice state of Israel is an ally to one of the parties to the conflict.
A hypothesis that, if not set a Protecting Power by countries of origin and, if not the appointment of an international organization for this purpose, and if the failed state of Israel as well as in choosing the State of neutral alternative to the Protecting Power on the basis of the right given to them under the second paragraph of Article (11) of the Convention Geneva for the protection of civilians under occupation to the following:
“If there is no protection in this manner, For the Occupying Power or to accept the request taking into account the provisions of this article services, a humanitarian organization such as the International Red Cross to carry out humanitarian duties performed by Protecting Powers under this Convention.
References to “the obligations of humanity” in the previous text that the task of the humanitarian organization do not reach the level of functionality of the Protecting Power as it really is not a substitute for it, but protect the affairs of a humanitarian nature, commensurate with the nature of the organization, and am sure that Jna reunite families, protect children from harm attached to them if their mothers did not attend and the empowerment of mothers reunited with their families are among the topics that fall within the scope of the humanitarian tasks entrusted to the international organization.
It is known that the State of origin did not ask for a State to protect in the West Bank and other occupied areas in Palestine, in the aftermath of the 1967 war and occupation, “Israel” of those areas, they did not request the appointment of the appointment of an international for this purpose, and the Israeli occupation authorities did not appoint a neutral alternative to the Protecting Power , in the light of the ongoing popular uprising in these areas constitute the general framework of a popular revolution organization, which is accompanied by the arbitrary measures Kaliavad and displacement, as well as the administrative decision the subject of this study about the restrictions on access to children and their registration in the administration of their mothers, the Israeli authorities be accepted by the humanitarian organization “such as the International Red Cross” or similar humanitarian organizations to provide service in this area, and on Arab countries and the Palestine Liberation Organization representative of the Palestinian Authority and that, according to the Oslo agreements, manages some Palestinian areas to claim the cost of a humanitarian organization to do this role .
No room in any case, the Israeli authorities refuse to because it provided the third paragraph of article (11) of the Convention for the protection of civilians under occupation in the words of duty and obligation. “On the state of Israel to request or accept … .. Services and humanitarian organization. ”
It remains to say that the root of a legal solution to address conditions in the occupied territories is the withdrawal of Israeli forces invading them and end the occupation of a temporary nature and that has passed him over for a long time (38 years) spent in the Palestinian Arab people, he resisted the injustices and oppression and aggression.
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