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International Humanitarian Law And The Occupied Palestinian Territories

Posted on:2012-10-27Degree:DoctorType:Dissertation
Country:ChinaCandidate:D ShaFull Text:PDF
GTID:1226330371451116Subject:International politics
Abstract/Summary:PDF Full Text Request
In this thesis I examine:First, the crucial facts of Palestinian history and the effect of the Arab Israeli war on the Palestinian people, and the Creation of Israel state.Second, the Palestinian refugee problem and how to pay the compensation for those who choosing not to return, or those who choosing to return because their losses of property or material damages, the income derived from the use of refugee property, or non material damages, such as villages or houses land and so onThird the application of the forth Geneva Convention to the occupied Palestinian territory (resolution 194 and 181).forth, The International humanitarian law, one of the most important branches of international law, the law protects civilians effected in the war, it applies to armed conflict as soon as its out break, and for each state occupying the territory of another, the state shall be bound to apply the other rules of customary IHL and the convention from the beginning of the out break of the conflict until its full withdrawal.Fifth, Israeli violating the rules of international humanitarian law. such as collective punishment and deportation process, settlements and Jerusalem problem.For more than 80 years there have been conflicts between Palestinian nationalism and the Jewish national movement:Zionism. The six day war in 1967 resulted in the Israeli army occupying territories in the Gaza Strip, West Bank, Sinai Peninsula and Golan Heights and separating Palestinian communities living there.The conflict between Palestinians and Israelis is a about the right to self- determination, statehood and territory. But the root cause is a kind of clash of civilizations----both sides of the conflict have huge difference about national, religious and cultural identities and so on.As an American Professor Samuel Huntington pointed out in his famous book The Clash of Civilizations and the Remaking of World Order, "The philosophical assumptions, underlying values, social relations, customs, and overall outlooks on life differ significantly among civilizations", "Cultures can change, and the nature of their impact on politics and economics can vary from one period to another. Yet the major differences in political and economic development among civilizations are clearly rooted in their different cultures";In this world " the most pervasive, important, and dangerous conflicts will not be between social classes, rich and poor, or other economically defined groups, but between peoples belonging to different cultural entities."Samuel Huntington’s theory can be used to explain Israel- Palestine conflict. But as we know that every theory has its limitations, so Samuel Huntington’s theory can only be used to some degree to explain the conflicts. Even though, according to Samuel Huntington, it is very difficult to solve the conflicts, I still want discuss key issues in the conflict and look at obstacles and opportunities to achieve peace with justice. I will look at strategies of how to prevent the cycle of violence and at the same time bringing Palestinians closer to achieving self- determination, which lies at the heart of the conflict. This includes looking at the conflict rooted in structures; how to fight structural violence, and how it might be possible to achieve peace with justice in Israel and Palestine.The need for peaceful, nonviolent ’people power’ activities which might be effective in the Palestinian struggle against the Israeli occupation. Dialogues and joint activities between Israelis and Palestinians might promote cultural understanding of each other and prevent the creation of ’enemy images’ and dehumanization of ’the other’, and to create a ’hope orientation’ instead of a ’fear orientation’ in both the Israeli and Palestinian society.In the Israeli- Palestinian conflict there has been a lot of emphasis on top- level negotiation among leaders. My thesis examines the importance of a multilevel approach to conflict transformation that is, building peace from all levels of society. There is a strong need for a peace process which engages grassroots communities and people to people approaches to conflict transformation as well as empowerment of civil society. At the same time there is a strong need for cooperation between all levels of society and unity among the leaders. The Israeli- Palestinian conflict has lead to massive violations of human rights and humanitarian law, as well as a culture of fear, abuse, oppression and repeated violent attacks. Several peace agreements and diplomatic attempts have not been able to resolve the conflict such as the forth Geneva convention, huge convention,1967 refugee protocol, and a lot of others resolutions Peace processes such as the Oslo Accord (1993-2000) focused on agreements between top- level officials without including sufficient grassroots and civil society approaches to peace building.Also, negotiated peace plans such as ’trackⅠ’ and ’trackⅡ’ have failed to bring considerable progress to the peace process. A disconnection between official-level negotiation and the reality of the public as well as power asymmetries and a failure to address structural roots of the conflict has prevented progress in the peace process. Years of abuse, oppression, powerlessness and despair have caused some Palestinians to participate in direct violence, as they see this as the only effective method of resistance. However, the use of direct violence against the militarily and economically superior Israeli opponent has been counterproductive.Direct violence leads to a cycle of hatred, revenge and more violence, with little hope for lasting peace. A ’separation wall’ has been built by the occupying force in an attempt to secure parts of the West Bank for Israeli civilians. However, the ’separation wall’, labeled the ’apartheid wall’ by Palestinians, has been an obstacle to peace building and is perpetuating the conflict for both Israelis and Palestinians. The wall is preventing cooperation and the development of relationships necessary to build peace. It is contributing to the creation of an enemy image of ’the other’ by both physically and symbolically dividing Israeli and Palestinian people.Continuous experiences of cultural and economic deprivation, persecution, insecurity and injustice are likely to create high levels of frustration and hopelessness in a society. Prolonged experiences of oppression, violence, destruction and aggression can contribute to a collective ’fear orientation’ in a society, that is, a highly sensitized attention to perceived threats and increased expectations of threats and danger.Both Israelis and the Palestinians have been involved in direct violence caused by intractable conflicts through generations and thus developed a high degree of ’fear orientation’. Palestinians have lived under Israeli occupation for 40 years and have endured direct, cultural and structural violence. They have endured cultural and structural violence due to political and economic structures which have caused oppression, poverty and suffering.Due to violence and deeply rooted ethnic conflicts through generations, the emotional memories of fear become deeply imprinted in individuals and thus in a society as a whole. In such a culture there is a tendency to look at past experiences and being unable to disassociate from the past and create new alternatives of how to solve the conflict peacefully.This enemy image is obvious among some Palestinians as they regard Israelis as evil and do not recognize the existence of an Israeli State. Similarly, the Israeli national movement has created an enemy image of Palestinians as terrorists who want to destroy Israel. Some schoolbooks have portrayed Palestinians as evil and some Israelis refuse to recognize a Palestinian entity. Thus they are both justifying the violence against each other.This is a big obstacle to a peace-process in Israel- Palestine. Because the violent conflict has gone on for very long with little progress towards lasting peace, the people are less likely to break free from the way they usually engage in or cope with the conflict and to look at new, creative nonviolent activities which might contribute to lasting peace. Due to earlier failed peace- processes, there is a lack of hope for change among people. The Hope is essential in order to activate grassroots and civil society in the mobilization for a peace process.Young Palestinians might feel empowered using terrorist activities as a way to protest against the enemy. However, such violent attacks are undermining any diplomatic solutions as well as diminishing solidarity with Palestinians and international support to improve the situation for thousands of suffering Palestinians.Thus the suicide bombings are counter- productive to a peace-process.The direct violence that the Palestinians participate in, can be partly understood as a result of structural violence in Palestine.Many young Palestinians are unemployed; they see no hope for the future and feel frustrated about their situation, refugee also see the occupied country use them property.Despair of living under occupation, not being able to gain independence, equality and liberty has caused feelings of despair and hopelessness, leading some young people to join the Palestinian nationalistic movement.As this movement uses direct violence, this continues the cycle of violence with not much hope for the achievement of peace with justice. This way, structural violence such as unemployment, poverty, oppression and the lack of opportunities for Palestinians might lead to actions of direct violence. Therefore, in order to deal with the direct violence, it is important to look at underlying structural violence, that is, to look at some of the root causes of direct violence.In this sense, the ending of an oppressive occupation as well as development in form of democracy building, education, welfare system and job- opportunities, are essential in order to build a peaceful society. In order to end violence, these issues must be addressed.As direct violence in the form of Palestinian suicide attacks is partly a result of frustration, despair and hopelessness, it is important to deal with the reasons why young people see little hope for their lives. Creating hope for a peaceful society with development and opportunities, is a long and challenging process.In order to build hope, there need to be expectations of concrete positive goals that can be achieved. The building of hope needs to come from within a society, but support from neighboring countries and the international community is strongly needed. In order to create hope, it is crucial to put the past behind and to set positive goals and make plans for a future using imagination, creativity and problem- solving as well as engaging in positive events. The creation of a ’hope orientation’ in the Palestinian and the Israeli society is an important and challenging part of a conflict resolution and peace building process. When dealing with conflict resolution it is crucial to address underlying human needs and values and whether they are being violated.Grievances resulting from need deprivation are part of the conflict among both Israelis and Palestinians. The deprivation of physical security creates an environment of fear and insecurity which escalates the conflict. Also, for many Palestinian refugees, deprivation of physical security in the form of housing has contributed to the conflict. Such fundamental human needs need to be addressed in order to prevent conflict. Acceptance needs such as recognition of the Palestinian cultural identity has been grossly violated by the Israeli occupation.It is necessary to distinguish among three types of human needs:acceptance needs, access needs and security needs. Acceptance needs include recognition of identity, focusing on cultural values and heritage. Access needs include participation in political, market and decision- making institutions and Security needs include physical security as well as nutrition and housing.Thus, Palestinian struggle for recognition and acceptance which can prevent the violation of their cultural identity is central in the conflict. They are also struggling for recognition and acceptance of their identity connected to the territory which is occupied by Israel, as well as a national identity with the right to independence and self- determination. Israelis on the other hand, are struggling for recognition and acceptance of their right to exist and their identity connected to some of the same areas as the Palestinians.Deprivation of these needs is likely to cause conflict. As the Israeli- Palestine conflict is not merely about interests, but about deeply rooted needs and values, traditional negotiation and mediation which only deals with surface interests are not sufficient in order to resolve or transform the conflict.Since the establishment of the State of Israel in Palestine, the Middle East has become a threat to world peace and hot conflict spots. For this reason alone, the principles of right and justice would require to have a state palestinian people. But Israel rejected these rights, this is the root cause of the conflicts.Bertrand Russell who is the most influential philosopher In the 20th century, once talked about these rights on an international conference held in February 1970:"the tragedy of the Palestinian people is that their country is given by foreign forces to the other people to create a new state. As a result, tens of thousands of innocent people have become a permanent homeless. Every new conflict increases the number of refugees. How long time the world would endure this cruel picture? It is very clear that the refugees who have been driven out of their homes have rights, the denying of these rights are the root cause of continuing conflict. "No one anywhere in the world would accept being expelled from their own country collectively, and how can people ask the Palestinians to accept this punishment no one can endure it?The establishment of a Palestinian state is a commitment made by the international community to the Palestinian people. Sixty-four years ago, when the British government ended its colonial rule in Palestine, the international community through the United Nations called for the establishment of two countries in order to solve the conflict between Jewish immigrant communities and Palestinian Arabs, Today, however, the Palestinians have not yet built their own independent state. In 1988, the PLO announced the establishment of a Palestinian state in the West Bank, including the occupied territories in East Jerusalem and the Gaza Strip. Since the "Oslo Agreement" signed in 1993, the international community has repeatedly claimed that to achieve peace in the region, the only solution is to establish a sovereign independent Palestinian state. The self-determination rights of the Palestinian people have been recognized. The United Nations General Assembly resolution 3236 claims that the Palestinian right to be independent is "inalienable; UN General Assembly Resolution 2672, announced that to respect the inalienable rights of the Palestinian people is an indispensable element in achieving just and lasting peace in the Middle East.Unfortunately, since the "Oslo Agreement" was signed in 1993, the Israeli settlers who occupied West Bank have increased over 100 percent, including settlers in East Jerusalem. In the past 20 years, the Palestinians saw their home razed to the ground, their economy decline, the blockade of Gaza and the checkpoint system. Palestinians have been fulfilling their commitments, while Israel violated all agreements signed by taking unilateral action.Recognizing Palestine as a state should not be a substitute for negotiations. On the contrary, it increased the possibilities of achieving justice and lasting peace based on international law. Recognizing Israel is consistent with achieving normalization of relations between Israel and the Arab world. Palestinians will continue to negotiate, because we believe that to end the conflict, all the parties still need to negotiate a comprehensive peace agreement on all outstanding issues, including refugees, security, water and other issues.The only viable solution is that Palestine and Israel coexist both as a sovereign and independent state. Recently, the European diplomats have concluded that, in some respects, especially in occupied East Jerusalem, Israel’s actions are threatening the two-state solution. In addition, the World Bank and the United Nations have concluded that Israel’s continued occupation of the occupied territories is the only obstacle to Palestinian state building.As an effort of trying to be an official member of the United Nations, the Palestinian state has already met all prerequisites. It has the ability to establish friendly relations with other countries. Till now, the Palestine has deployed embassies and missions in more than 100 countries. Palestine is peace-loving who committed to protect human rights, democracy, rule of law and the principles of the UN Charter. Being an independent state and join the United Nations have been the goal of international community since 1947.Specifically, the Chinese government and people have always been supporting the Palestinian people to reclaim their legitimate national rights. In April 1955, the Chinese government for the first time got some information and engaged in Palestine problem on the Bandung Conference. In Ismail Tariq’s book, "Contemporary International Relations in the Middle East, he cited a report from "Beijing Review" on March 27,1964. In the report, "in the joint communiques issued by Chairman Liu Shaoqi and the visiting Sudanese President, it is clearly stated that China supports the Palestinian struggle to regain their legitimate rights and return to their home. This standing point is official." In December 1964, Chinese Premier Zhou Enlai at the Third National People’s Congress meeting on behalf of the State Council, made the "Government Work Report" which was clearly stated:China supports the Palestinian Arab people’s struggle to return to their homes.In March of 1965, from 16th to 27th, the PLO Executive Committee President Ahmed.SHU Kai leading the Palestinian delegation visited China and was treated by the Chinese high-standard hospitality. China said it would make every effort with political as well as other supports to help the Palestinian Arab people’s struggle to return home. In May, the PLO set up diplomatic offices in Beijing. China has since become the first of non-Arab countries to admit the PLO. the next day after Third Middle East War have broken out, on June 6,1967, Premier Zhou Enlai made a phonecall to the PLO Chairman Xishu Kai and said that the Chinese government and people firmly support the Palestinian people and Arab peoples against U.S. imperialism and Israeli aggression and justice struggle. In July 1968, SHU Kai in the resignation of the PLO in Cairo at the first meeting of the National Committee of the 4th meeting of the Palestine National Council adopted the resolution, China is the only non-Arab country being praised, and was presented by Chinese Ambassador in Egypt Huang Hua who led a high-level delegation. In March 1970, Chairman Arafat leading the Palestinian delegation visited China. Since then, China has been resolutely supporting the PLO and the Palestinian people. On November 20,1988, Chinese Foreign Ministry issued a statement declaring that China recognizes a Palestinian state; the two countries establish diplomatic relationship. On October 5,1989, Deng Xiaoping met with the visitor Arafat and said:China-Pakistani friendships lasting for several decades, mutual support, mutual trust, is unusual. Since the start of the 1990s, sustained and healthy development of Sino-Pakistani relations continue. April 15,2000, President Jiang Zemin’s first visit to Palestine, the two countries signed two cooperation agreements, China-Pakistan relations from the past into the political sphere of economic and other areas of comprehensive development. As Jiang Zemin said:half a century, the Chinese government and people always firmly support the Palestinian people’s just cause; to support the Palestinian people’s just cause is the firm policy of the Chinese government, Chinese people will always be trustworthy friends of the Palestinian people.The new century with joint efforts, China and Palestine to consolidate political mutual trust, expanding economic and trade cooperation, increasingly active exchanges in various fields. May 1,2010, the CPC Central Committee Political Bureau Standing Committee of the CPPCC National Committee Chairman Jia Qinglin met in Shanghai in the eastern suburbs hotel Palestinian President, National Authority President Mahmoud Abbas reiterated that the Chinese people always firmly support the Palestinian people for national legitimate rights just cause, the Palestinian people have always stood together with the Chinese people. September 15,2011, Chinese Foreign Ministry made it clear that support for the Palestinian independent state, spokeswoman Jiang Yu said:China has always supported the Palestinian and Arab people to restore their legitimate national rights of the just cause of the independent state of Palestine to the UN to respect and support.
Keywords/Search Tags:Palestine history, Palestinian exodus, Palestinian refugees, Geneva Convention, Israel rejecting the applicability of the Fourth Geneva Convention to the occupied Palestinian territory, The process of collective punishment and deportation, Jerusalem
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