Uprooting Jews in Gaza and West Bank violates international humanitarian treaties

(I-Newswire) June 23, 2005 - Plans by the Israeli Government to forcibly remove Jews from their homes in the West Bank and Gaza breach the International Covenant on Civil and Political Rights 1966 as well as the United Nations Convention on the Rights of the Child 1989, to both of which Israel is a signatory.

Both Treaties provide that no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence nor to unlawful attacks on his honour and reputation.

Israel's High Court of Justice has acknowledged that the forced evacuation of Israelis would undermine their human dignity.

The High Court nevertheless asserted that Israel's disengagement law passed all constitutional tests because it "corresponds with the Zionist values of the State and is intended for a worthy purpose - the
political, national and security purposes on which the disengagement is based are designed to realize a vital and substantial need."

However no such argument can be used to negate the provisions of the above Treaties since the disengagement involves the forced removal of only Jewish residents of Gaza and the West Bank
and any such discrimination is expressly forbidden by the Treaties.

Jews living in the West Bank and Gaza are legally entitled to reside in Gaza and the West Bank pursuant to the provisions of the Mandate for Palestine and article 80 of the United Nations Charter in order to reconstitute the Jewish National Home in those areas.

Choosing to stay will not be palatable to all 8000 Jews affected by the withdrawal of Israel's army and they will have the option of accepting the compensation packages that are being offered by the Israeli Government to those who voluntarily leave.

But one thing is certain – the forced removal of Jews from the West Bank and Gaza is not permitted or authorised under international law
and is in breach of international agreements in force since 1920 authorising Jews to live in those areas.

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