For sake of children end siege of Gaza

What is occurring in Gaza Strip, irrespective of those responsible, is in serious breach of the international humanitarian law.

 

    During an armed conflict, children and women are the most vulnerable groups therefore, always they need special protection.    In general, there are two categories of IHL rules regarding children and women: general and special rules.

Of general rules one may refer to laws about family unity, education, support of pregnant mothers and mothers of young children. Moreover, there are some principles which directly relate to the children and women in the armed conflicts and provide special protection for them.

 

    In addition to international traditional commitments, due to some substantial agreements to the parties involved in the armed conflict, Israel, in particular as an occupying power, have several obligations towards children and women in which violation of it can result an international responsibility.

 For example, the Fourth Geneva Convention shall apply from the outset of any conflict or occupation. Based on the article 6 of this Convention, dispensation and application of the present Convention will continue till the end of military operations.

 

    Under the article 23 of the Fourth Geneva Convention 1949 - to which Israel is a party, the sides involved in the conflicts must permit the free passage of all consignments of essential foodstuffs, clothing and tonics intended for children under 15, expectant mothers or maternity cases. According to the article 89 of the same Convention ‘pregnant, nursing mothers and children under 15 years of age must be given additional food, in proportion to their physiological needs’.

 

    Under Article 75 of Additional Protocol I to the Geneva Conventions 1949 “Women whose liberty has been restricted for reasons related to the armed conflict must, whenever possible, be held in the same place and accommodated as family units.”

 

    The same Protocol provides that “Children must be the object of special respect and must be protected against any form of indecent assault. The parties to the conflict must provide them with the care and aid they require, whether because of their age or for any other reason” (Art. 77). It also states “No side involved in the conflict may arrange the evacuation of children, except its own nationals, to a foreign country unless in the case of a temporary evacuation which has become necessary for compelling reasons of the health or safety of the children. In this case, the written consent of the parents or legal guardians is required” (Art 78)

 

    It is relevant to refer to the International Covenant on Civil and Political Rights which is applicable in respect of acts done by a State, like Israel, in the exercise of its jurisdiction outside its own territory, i. e. occupied territories. The scope of application of the International Covenant on Civil and Political Rights is defined by Article 2, paragraph 1, thereof, which provides:

 

    “Each State Party to the present Covenant undertakes to respect and to ensure to

all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” So, Israel is obliged to respect and to ensure to all individual within occupied territories the fundamental rights and freedoms recognized in the Covenant. The same is also true about the International Covenant on Economic, Cultural and Social Rights.

 

    As regards the Convention on the Rights of the Child of 20 November 1989, that instrument contains an Article 2 according to which “States Parties shall respect and ensure the rights set forth in the . . . Convention to each child within their jurisdiction . . .”. According to the International Court of Justice this Convention is therefore applicable within the Occupied Palestinian Territory. Based on article 38 of the Convention, member Parties obliged to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child.

 

    Now, what is happening in the Gaza Strip against children and women is a type of collective punishment that is clear violation of the Fourth Geneva Convention.

 

Israel is violating the strict prohibition on collective punishment contained in the Fourth Geneva Convention. It also violates one of the basic principles of international humanitarian law in which military action distinguished between military and civilian targets.

 

In general, the actions done in Gaza Strip can be described as violation of the Fourth Geneva Convention, article 3 of the same convention and human right as well as “serious war crimes” for which its political and military officials who are responsible should be tried and punished.

 

We as Maryam Educational Children Charity NGO, believe that it is urgent for every one to condemn attacks on all civilians, in particular children and women.  That the sides involved in armed conflict in Gaza Strip must immediately end their actions in this region. That they must permit the free passage of international relieves to the persons, especially children and women, residing within Gaza. That the governments of the world, in particular the American government and the European Union, in order to protect of the children and women, must take necessary and effective measures to compel Israel to respect rules and principles of International Humanitarian Law. That the international society must enforce the United Nations to end the culture of impunity in regard to Israel- Palestine question. That by establishing an ad hoc International Criminal Tribunal for the prosecution of War Crimes and gross violations of human rights in the Occupied Territories, The UN expresses its authority and effectiveness. That the UN Security Council must take necessary measures under chapter 7 of the UN charter to end the bloody armed conflicts in the region and that the states parties to the Geneva Conventions 1949 and their additional protocols 1977 can try the war criminals before their national criminal courts.

 

The charity issues alert that the world is no more excused to allow the repetition of bloody tragedies at time when the human civilization has reached an apex in the first decade of the 21st century.

 

Has not the era of wars and blockades come to an end?

 

Isn't it the time for the parents, women and children to be kept safe from the storm of armed conflicts?

 

We wish you find some answer as to whether human conscience could remain silent towards the human catastrophe. Could you please do the favor to provide us with your view? We are looking forward to hearing from you.