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November 29, 2001
Switzerland, at the urging of the Arab and Islamic nations, is set to convene a meeting of High Contracting Parties to the Fourth Geneva Convention on December 5th, 2001. The gathering will focus exclusively on alleged Israeli violations of the Convention in terms of its treatment of Palestinians in the West Bank and Gaza Strip. The United States and Israel have announced that they will not participate in this meeting.
This initiative represents another cynical manipulation of the international community and the United Nations, particularly by the Palestinians, which is similar to what occurred just a few months ago at the UN World Conference Against Racism in Durban, South Africa. Continuing to use international forums in an attempt to isolate Israel diplomatically will only make it more difficult to resolve the issues in dispute through direct, bilateral negotiations. This meeting not only will complicate the U.S.-led initiative to achieve a cease-fire in the Middle East and promote peace negotiations between Israel and the Palestinians, it also undermines the integrity of the Fourth Geneva Convention and its vital humanitarian objectives.
JCPA Member Agencies are urged to:
We are also enclosing background materials written by the ADL, arguments against convening the meeting written by UNWatch, and an article titled "'Son of Durban' Seen in Geneva" written by James D. Besser and published in The Jewish Week of New York on November 23, 2001. JCPA’s Israel advocacy outreach director Rachel Lerner is preparing a model op-ed on this topic, which you will receive by the end of the week.
Please feel free to consult with the JCPA if you have any questions.
In letters sent to select European Union member countries, Dr. Leonard A. Cole, JCPA Chair, and Hannah Rosenthal, JCPA Executive Director, wrote:
We are writing to you on behalf of the Jewish Council for Public Affairs (JCPA) to express our concern that the scheduled December 5, 2001 meeting in Switzerland of High Contracting Parties to the Fourth Geneva Convention may undermine the U.S.-led effort to end violence in the Middle East and promote peace negotiations between Israel and the Palestinian Authority. This meeting represents a cynical manipulation of the international community and the United Nations system, similar to what occurred just a few months ago at the UN World Conference against Racism in Durban, South Africa.
Furthermore, we believe the political motivations behind the convening of this meeting make a mockery of the true intentions of the Fourth Geneva Convention, a document that embodies vital humanitarian principles. There are existing vehicles through which the Palestinians can address concerns directly with Israeli officials. Continuing to use international forums in an attempt to isolate Israel diplomatically will only make it more difficult to resolve the issues in dispute through direct, bilateral negotiations.
Therefore -- in the interest of maintaining the integrity of the United Nations, of preserving the humanitarian focus of the Fourth Geneva Convention, and of supporting the peace process -- we urge you to reconsider your participation at this ill-considered meeting.
In letters sent to select EU member countries, Abraham H. Foxman, ADL National Director, wrote: It is our strong belief that this reconvening of the High Contracting Parties would be extremely counterproductive and harmful to Israeli-Palestinian negotiations. This highly political meeting, whose entire reconvening demonstrates an existing predisposition against Israel, will undoubtedly serve to undermine the United States' initiative to end the violence in the region and renew negotiations-an initiative that has the support of the international community. Unfortunately, this reconvening serves to legitimize the Palestinian tactic of using the international community, and the United Nations in particular, as a forum for airing grievances regarding Israel, rather than resolving such matters through bilateral negotiations. Such an effort was clearly evident at the U.N. World Conference Against Racism in Durban, South Africa, last summer, where important issues of racism and prejudice were ignored in favor of highly politicized and inflammatory anti-Israel and anti-Jewish resolutions. Moreover, the reconvening of the High Contracting Parties to discuss these issues will dangerously violate and politicize the Geneva Convention and its important humanitarian purpose.
Foreign Ministers and Ambassadors of Select European Union Member Countries 1. Great Britain Backgrounder: Israel and the Fourth Geneva Convention Written by the Anti Defamation League
On December 5, Switzerland is set to convene a meeting of the High Contracting Parties of the Fourth Geneva Convention to discuss alleged Israeli violations of the Convention in its treatment of the Palestinians in the West Bank and Gaza Strip. The United States and Israel have announced they will boycott the meeting, because, as Israel said in a statement, the meeting will be used "as a blunt tool for political attacks" against Israel.
Background
The Fourth Geneva Convention on Rules of War was adopted in 1949 by the international community in response to Nazi atrocities during World War II. The international treaty governs the treatment of civilians during wartime, including hostages, diplomats, spies, bystanders and civilians in territory under military occupation. The convention outlaws torture, collective punishment and the resettlement by an occupying power of its own civilians on territory under its military control. In the years since its adoption, the Fourth Geneva Convention was convened only to discuss Israel, and never met to deal with world atrocities including those in Bosnia, Rwanda, Kosovo, Sudan, Congo, Tibet, etc. Switzerland is the Depository for the Fourth Geneva Convention. This means that the Swiss are technically responsible for organizing and convening a meeting of the signatory nations. However, the Swiss may only convene the meeting if a majority of the signatory nations agree to do so.
Arab Efforts to Call Meeting
In February 1999 the GA adopted a resolution calling for a special U.N. session to be held on July 15, 1999 in Geneva to examine "persistent violations" by Israel. International efforts led by the U.S. were successful in scaling down a special U.N. meeting in Geneva held on July 15, 1999. The closed-door meeting lasted a mere 45 minutes. However, a resolution was unanimously passed stating that the Fourth Geneva Convention does apply to Israeli settlements in the "occupied territories." With the outbreak of Palestinian violence in the territories in September 2000, the Arab group renewed its demand for a full reconvening of the High Contracting Parties. In response, Switzerland reportedly set up informal consultations with a number of countries and drafted a declaration that is critical of Israel, but is far more moderate than the draft document submitted by the Organization of Islamic Conference. Switzerland then set the December 5 date for a half-day meeting of the High Contracting Parties.
The Upcoming Reconvening: Political Manipulation of a Humanitarian Treaty
Unfortunately, this reconvening serves to legitimate the Palestinian tactic of using the international community, and the U.N. in particular, as a forum for airing grievances regarding Israel, rather than resolving such matters through bilateral negotiations. Such an effort was clearly evident at the U.N. World Conference Against Racism in Durban, South Africa, last summer, where important issues of racism and prejudice were ignored in favor of highly politicized and inflammatory anti-Israel and anti-Jewish resolutions. Moreover, the reconvening of High Contracting Parties to discuss these issues will dangerously politicize and violate the spirit of the Geneva Convention and its important humanitarian purpose. At this crucial time, the international community should play a constructive role by encouraging an end to Palestinian violence and terrorism followed by a resumption of negotiations, rather than participating in forums organized solely for the purpose of singling out Israel for criticism.
Arguments Against the Reconvening Of High Contracting Parties To The Fourth Geneva Convention Written by UNWatch
Reconvening Sets a Dangerous Precedent:
Using humanitarian agreements, like the Fourth Geneva Convention, as political tools ultimately dilutes their effectiveness in promoting humanitarian values. Since the Fourth Geneva Convention came into effect half a century ago, the world has had many unfortunate opportunities to discuss state compliance with humanitarian law. Rwanda, Bosnia, Sudan, Congo are examples just from the last decade. Israel, though, has been the only state targeted for a special reconvening of High Contracting Parties (HCPs), first in July 15, 1999 and now on December 5, 2001. Such selective application calls into question the impartiality and genuine humanitarian concerns required of such international instruments.
The Swiss Department of Foreign Affairs has stated clearly why this meeting will take place. In their letter to the High Contracting Parties (document K.910.2-2), the Swiss explain that the meeting will be held "[f]ollowing a request by the States Parties members of the League of Arab States."
Article 1 is Misinterpreted:
The Declaration claims that the authority to reconvene derives in part from Article 1 of the Fourth Geneva Convention, which calls upon High Contracting Parties to "respect and ensure respect" for the conventions. This Article was intended as a demand that States ensure respect for the Convention by their own populations, not as a license to accuse other States of violations. Jean Pictet, Director for General Affairs of the ICRC explained the term "ensure respect" in the American Journal of International Law, as implementation of domestic legislation:
"[It] is not enough to enact appropriate legislation; it must be effectively applied and respected; any infringements must be recognized and their authors clearly punished."
The ICRC statement makes clear that the phrase "ensure respect" applies to persons under a state’s sovereign control, not to relations between states.
Meetings of HCPs Should Not Address Specific Situations:
There is no basis in the Fourth Geneva Convention for meetings to examine specific cases. Proponents of the reconvening will argue that there is nothing which prevents such a meeting. They are wrong on two counts.
The ICRC has taken a clear position on reconvening the HCPs in its explanation of Article 7 of the first Additional Protocol to the Geneva Conventions. Article 7 states: "The depository of this Protocol shall convene a meeting of the High Contracting Parties, at the request of one or more of the said Parties, to consider general problems concerning the Application of the Conventions and of the Protocol" (emphasis added).
In its comment on the "Object and Purpose of the Meeting," the ICRC states, "With the expression ‘general problems’, the Conference wished to exclude the discussion of specific situations" (emphasis added). The possibility of convening the HCPs for a conference to address a specific situation was clearly rejected by a previous conference on the Geneva Conventions, whose Committee I specifically approved, by vote, the inclusion of the word "general".
Secondly, the Convention contains other review mechanisms for specific concerns about violations, such as Article 12 (conciliation procedure) and Article 149 (enquiry procedures). Even the Swiss representative to the UN (as an observer), said in a General Assembly debate (Feb. 9, 1999) on the subject of reconvening the HCPs: "the Convention itself did not specify modalities."
The Declaration Will Not Improve the Humanitarian Situation:
While the Declaration claims its objectives are "humanitarian," it will contribute to a deterioration of the humanitarian situation in the Palestinian Territories. By condemning Israeli settlements as "illegal," the Declaration undermines the Oslo Agreement, which calls for bilateral negotiations on the issue of settlements. The Declaration will prolong the conflict by encouraging the Palestinian negotiators to move back from their position at Camp David, by hardening the Palestinian position, and thus prolonging the conflict with its inevitable humanitarian costs.
The Declaration is One-Sided:
The Declaration is a filled with one-sided language, which casts doubts on its impartiality. The Declaration calls on Israel alone to respect access to Holy Places (para 12). The Declaration fails to mention that, even amidst the current conflict, worshippers of all faiths still enjoy access to all Holy Sites except when legitimate security concerns arise. The Declaration does not call for respect by the Palestinians of Jewish Holy Sites, though they have been abused under Palestinian control, such as the vandalism to Joseph’s Tomb and to the "Shalom Al Yisrael" synagogue in Jericho.
The Declaration selectively ignores key parts of the Fourth Geneva Convention:
Paragraph 13 of the Declaration calls upon "the Occupying Power to immediately refrain from committing grave breaches…" This phrase implies that Israel is currently committing such breaches, but reaches that conclusion without any sort of impartial inquiry. These assumptions contradict Article 149 of the Convention, which specifically calls for an enquiry into any such allegation. While referring to numerous Articles within the Convention (such as Article 4, which defines "protected persons" who benefit from the Convention), the Declaration ignores Article 5, which refers to circumstances where protected persons may lose such protections, due to participation in hostile activities.
The UN General Assembly Resolutions ES-10/6 and ES-10/7 have no authority in this context:
The Declaration also claims the authority to reconvene based on UN General Assembly resolutions that call for a reconvening of High Contracting Parties. However, the General Assembly is a separate political entity with no relation to the Fourth Geneva Convention. General Assembly resolutions can neither oblige nor authorize a reconvening.
Additional Notes
"Son of Durban" Seen in Geneva Written by James D. Besser, Washington Correspondent Published in The Jewish Week November 23, 2001
Israel, battered and bruised by a United Nations racism conference in South Africa in August, could face another pounding in Geneva next month. With prodding from Arab and Muslim nations, Switzerland is convening a session of the High Contracting Parties — the signers — of the Fourth Geneva Convention, a 1949 agreement that deals with the rights of civilians during wartime.
The sole function of the Dec. 5 meeting, only the second in the 52-year history of the treaty, is to condemn Israel’s policies in Gaza and the West Bank. Some of those policies include the widespread expropriation of land, the destruction of houses, the treatment of prisoners and targeted killings.
"It’s the ‘son of Durban,’ " Abraham Foxman, national director of the Anti-Defamation League, told The Jewish Week. "Durban opened a Pandora’s box; this is one result. It’s part of a major effort to put Israel outside the community of nations, to somehow show that they are the only ones guilty of violating the Geneva Convention."
Martin Raffel, director of the Israel Task Force of the Jewish Council for Public Affairs, said that "while this meeting has no immediate binding impact, it still fosters this strong anti-Israel feeling in the international arena."
"It’s part of a pattern; it’s the cumulative impact that concerns us. And I’m sure this is not the end of it."
The worst-case scenario, say Jewish leaders, would be a series of resolutions officially branding Israel’s actions in the West Bank and Gaza as war crimes — and international media attention focused on those resolutions.
Initially, Jewish leaders believed that the session would attract less attention than the UN-sponsored racism conference in Durban, which featured a parallel nongovernmental organization meeting that turned into an anti-Israel, anti-Semitic free-for-all.
But the same Palestinian groups that organized the Durban assault are planning an NGO session in Geneva to run alongside the official meeting.
"Even if the actual session of the High Contracting Parties is brief and not too controversial, it’s looking more and more like this will be another major media circus, with attacks on Israel the featured attraction," said a top Jewish activist here.
The brief 1999 meeting in Geneva also singled out Israel for attention, but it was adjourned after only 45 minutes because of U.S. pressure. That was enough time, however, to pass a resolution saying the Geneva agreement does apply to Israel’s actions in Gaza and the West Bank.
Now Arab and Muslim nations want the convention to go further by putting it on record condemning Israeli settlements as illegal and beginning the process of sending international forces to the region to "monitor" Israel’s actions.
The Bush administration already has indicated it will not participate. The Israeli government also is boycotting the meeting.
"We’re not participating because there is a total lack of equality," said Rabbi Michael Melchior, Israel’s deputy foreign minister. "An organization claiming to deal with human rights finds itself an easy target [Israel], and this is one game we’re not playing. If they would deal with all nations said to breach the Geneva conventions, fine.
"This is another UN condemnation and we should not be singled out," he said.
The upcoming meeting "seems like a fairly esoteric issue, at first glance," said David Harris, executive director of the American Jewish Committee. "But it has the potential to become quite nasty."
The decision by Washington to boycott the meeting, he said, reflects "a desire not to confer legitimacy" on a session intended only to lash out at Israel.
Harris said his group raised the issue during last week’s annual AJCommittee diplomatic marathon in New York. AJCommittee delegations met with more than 50 foreign ministers in town for the opening of the UN General Assembly.
But Harris, like other Jewish leaders, concedes that " the real strategy now is to try to mitigate the damage to the extent possible," not prevent yet another Israel-bashing session.
The question of exactly how to do that, though, is causing sleepless nights for some Jewish leaders.
With the conference only two weeks away, the leaders are caught between a desire to downplay the meeting in the hope that it will not attract world attention, and fear that by ignoring it, they could allow it to be hijacked by aggressive Arab and Muslim groups.
"That’s the dilemma," said Malcolm Hoenlein, executive vice-chair of the Conference of Presidents of Major American Jewish Organizations. The umbrella organization held a conference call last week with administration and Israeli officials on the subject. "The key question is how far we should go in responding to it.
"On one hand, we can’t ignore it. But there are people who have advised us not to play it up," Hoenlein said.
Some Jewish activists say that while a preoccupied U.S. government has indicated it won’t participate in the Geneva session, it has not engaged in a full-court diplomatic press against the new anti-Israel thrust.
European Union delegates will attend. Sources here say EU leaders are trying to keep the session from turning into Durban II, but Jewish leaders worry that their participation lends legitimacy to the enterprise.
Several Jewish leaders expressed puzzlement over Switzerland’s willingness to go along with the Arab and Muslim anti-Israel effort.
"This raises real questions about the propriety of Switzerland having this kind of discretion," said Elan Steinberg, executive director of the World Jewish Congress. "In view of what happened at Durban, I’m surprised they got involved." |
