RAMALLAH, July 12, 2014 – (WAFA) – The Palestinian Human Rights Organizations Council called upon Friday President of the Swiss Federal Council Didier Burkhalter to urgently address Israel’s violations of the Fourth Geneva Conventions.

In an open letter  issued online, the council called upon Burkhalter to “convene a conference of the High Contracting Parties to the Fourth Geneva Convention to discuss Israel’s continued non-compliance with the Fourth Geneva Convention.”

The council went on to present its documented data about the ongoing Israeli airstrikes on Gaza Strip. It stated: “Between 6 July and 10 July 2014, Palestinian Human Rights organisations have documented the killing of 83 Palestinians, including at least 46 civilians, of whom 22 are children, following indiscriminate and disproportionate Israeli air-raids on the Gaza Strip targeting, inter alia, civilian homes that cannot be perceived as military objectives. In addition, at least 400 Palestinians, including 123 children, have been injured. Statements by Israeli officials indicate intent to expand their military attack on the Gaza Strip, code named ‘Operation Protective Edge’, which will likely result in more civilian deaths and destruction.”

Recalling the Israeli closure imposed on population of Gaza hindering them from recovering from damage and destruction caused by previous Israeli offensives, which erupted in ‘the context of an already ongoing armed conflict and belligerent occupation’, the council stated that “As such, Israel cannot justify its attack based upon the right to self-defence according to Article 51 of the UN Charter and must therefore act in accordance with the laws regulating the conduct of hostilities.”

Based on an analysis of Israeli’s recent offensive in the Gaza Strip, the council emphasized that it is ‘politically driven’.

PHROC called on all parties engaged in hostilities during armed conflict to abide by international humanitarian law. It stated: “The principle of distinction requires all parties to distinguish between civilians and combatants, as well as between civilian objects and military objectives.  Furthermore, the principle of proportionality dictates that launching an attack, which may be expected to cause incidental loss of civilian life, injury to civilians or damage to civilian objects, which would be excessive in relation to the concrete and direct military advantage anticipated, is prohibited. Failure to abide by these principles of international humanitarian law may result in the commission of war crimes.”

PHROC reminded Israel, the Occupying Power, of its obligations in regards to the Palestinian people, particularly in terms of taking precautions to avoid civilian casualties. It stated: “Palestinian civilians in the OPT are protected persons under the Fourth Geneva Convention.  As an Occupying Power, Israel must ensure the welfare and safety of the occupied population and respect Palestinians’ right to life and dignity. As such, prior to launching a military attack Israel is obliged to provide “effective advance warning” of attacks that “may affect the civilian population” and take precautions in the choice of means and methods of attack with a view of avoiding and minimizing civilian casualties.”

Addressing the Palestinian leadership, PHROC stated that “As a High Contracting Party, the Palestinian leadership is now entitled to request the High Contracting Parties to address Israel’s prolonged occupation of the Palestinian territory and the international humanitarian law violations committed therein.”

PHROC recalled “UNGA resolution A/Res/64/10 of 2009, which called upon the Swiss Government to “undertake as soon as possible the steps necessary to reconvene a Conference of High Contracting […] to enforce the Convention in the Occupied Palestinian Territory, including East Jerusalem, and to ensure its respect in accordance with common article 1.”

Recalling the Swiss Federal Council conferences’ failure to sufficiently lay out concrete measures to be undertaken by all the High Contracting Parties in order for them to ensure Israel’s compliance with the Geneva Conventions according to common Article 1 back in 1999 and 2001, PHROC stressed the importance of taking such concrete measures. It stated: “PHROC therefore emphasizes that in order to bring to an end Israel’s repeated disregard of the provisions of the Fourth Geneva Convention, the High Contracting Parties must discuss, agree upon, and undertake concrete action to ensure that Israel’s pattern in conducting hostilities across the OPT, particularly in the Gaza Strip, is not tolerated.”

PHROC warned about the contracting parties’ failure to hold Israel accountable for its crimes in Gaza Strip. It stated in this regard: “The failure of the High Contracting Parties to effectively engage their own clearly defined legal obligations to ensure respect for the Fourth Geneva Convention, as well as their obligation to hold perpetrators of grave breaches responsible under Article 146, amounts to tacit acquiescence to Israel’s calculated and systematic disregard for international humanitarian law. Further inaction at this time would not only betray any hope that the civilians of the Gaza Strip have left in the ability of international humanitarian law to provide protection and alleviate their suffering, but would leave broader question marks as to the basic commitment of the High Contracting Parties to invest in the future relevance of international humanitarian law.”

K.F./ T.R.