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24
April
2008
We
the
undersigned
Palestinian
civil
society
organizations
express
our
grave
concern
over
the
recent
Israeli
military
orders
closing
and
transferring
ownership
of
property
owned
by
the
Islamic
Charitable
Society
in
the
city
of
Hebron
in
the
so-called
H1
area
which
is
ostensibly
under
the
full
control
of
the
Palestinian
National
Authority
(PNA).
The
property
targeted
includes
residential
units,
two
orphanages,
a
school
under
construction,
several
shops
and
two
clinics.
Despite
the
fact
that
the
military
orders
are
presently
being
challenged
before
the
competent
Israeli
judicial
authorities,
the
Israeli
army
has
carried
out
military
operations
partially
implementing
the
orders,
including
the
destruction
and
appropriation
of
property
belonging
to
civilians.
The
orders
and
consequent
military
operations
contravene
international
humanitarian
and
human
rights
law,
severely
infringing
upon
the
rights
of
thousands
of
Palestinian
civilians
- in
particular
children,
who
are
the
beneficiaries
of
the
specialized
services
of
the
Society.
As
an
Occupying
Power,
Israel
has
the
legal
obligation
of
providing
for
the
welfare
of
the
occupied
population,
including
facilitating
the
proper
working
of
institutions
devoted
to
the
care
and
education
of
children.
The
destruction
and
appropriation
of
property
not
justified
by
military
necessity
is a
blatant
violation
of
Article
53
of
the
Fourth
Geneva
Convention
and
a
war
crime.
Additionally,
halting
the
provision
of
essential
services
to
the
civilian
population
infringes
upon
their
right
to
education,
health
and
adequate
standard
of
living,
as
enshrined
in
the
International
Covenant
on
Civil
and
Political
Rights
and
the
International
Covenant
on
Economic,
Social
and
Cultural
Rights,
to
which
Israel
is a
State
Party.
These
measures
have
negatively
impacted
upon
one
of
the
most
vulnerable
groups
of
society,
children,
to
whom
Israel,
the
Occupying
Power,
has
a
duty
to
provide
special
protection
under
international
humanitarian
law
and
the
UN
Convention
on
the
Rights
of
the
Child.
Additionally,
these
orders
affecting
organizations
in
locations
under
the
full
administrative
control
of
the
PNA,
undermine
the
designated
powers
of
the
PNA
and
the
application
of
existing
Palestinian
laws,
including
Law
No.1
of
2000
Concerning
Charitable
Associations
and
Civil
Society
Organizations.
Should
the
military
orders
be
fully
implemented,
the
result
will
also
be
the
unlawful
forcible
displacement
of
hundreds
of
people,
mainly
orphans
living
on
the
premises,
prohibited
under
Article
49
of
the
Fourth
Geneva
Convention
and
human
rights
law,
including
the
Principles
on
Internal
Displacement.
We
call
upon:
-
The State of Israel, as the Occupying Power, to uphold its legal obligations under international humanitarian and human rights law to protect the occupied population and to ensure their welfare. In particular, the State of Israel must afford special protection to vulnerable groups such as children. We therefore urge the Israeli army to cancel the orders imposing closure and transfer of ownership of the property of the Islamic Charitable Society.
-
The High Contracting Parties to the Fourth Geneva Convention to uphold their legal obligation under Article 1 to ensure that Israel respects its legal duties under the Convention. In particular, the member States of the European Union, which have shown a strong commitment to ensuring respect of international humanitarian law in their Guidelines on Promoting Compliance with International Humanitarian Law (2005/C327/04), must take concrete steps to enforce international humanitarian law in relation to Israel's violations.
-
The United Nations Coordinator for Humanitarian and Development activities in the Occupied Palestinian Territory to urgently examine the needs and vulnerabilities of the persons affected by the orders imposing closure and transfer of ownership of the property of the Islamic Charitable Society. In light of the grave infringements upon the rights of the civilian population, we urge the United Nations Coordinator for Humanitarian and Development activities in the Occupied Palestinian Territory to support our request to cancel these orders.
Signed
Defence
for
Children
International
–
Palestine
Section
Al-Haq
Badil
The
Palestinian
Non-governmental
Organisations’
Network
(PNGO)
Addameer
Women’s
Studies
Centre
Jerusalem
Legal
Aid
Center
Applied
Research
Institute
Jerusalem
Palestinian
Network
of
Children’s
Rights
Health
Work
Committees
Palestinian
Medical
Relief
Society
YMCA
–
Beit
Sahour
OPGAI
Union
of
Social
Workers
and
Psychologists
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