http://www.washingtonpost.com/wp-dyn/opinion/A27984-2001Aug17.html

Taking Exception
Israel's Version Of 'Ethnic Cleansing'
By Arjan El Fassed (Washington Post, August 18, 2001; Page A21)

JERUSALEM -- This week on The Post's op-ed page, Michael Kelly [Aug. 15] Charles 
Krauthammer [Aug. 16] and George F. Will [Aug. 17] advocated what amounts to "ethnic 
cleansing" in the Mideast.

Using such words as "strike and expel" and "destroy, kill, capture and expel," they 
seemed to be advocating a sort of "final solution" to the Palestinian problem. This 
kind of thinking embarrasses every Jew who believes in a just peace and universal 
values and norms.

But columnists such as these simply make explicit what has long been clear to us in 
this region. They put into plain words Israel's cruel and discriminatory policy, 
practiced against Palestinians for the past 50 years.

Discrimination against non-Jews is grounded in Israeli laws, regulations and 
practices, which have created a system similar to apartheid in South Africa -- but 
different from apartheid in that its goal is not to rule over but to remove or expel 
the indigenous Palestinian population.

Will's column is particularly offensive. He urges Israel not just "to kill or capture 
those terrorists" and "destroy the Palestinian Authority's military [sic] 
infrastructure" but also "to destroy other physical infrastructure."

Perhaps Will should be provided with a copy of the Fourth Geneva Convention, which 
clearly states that such acts are prohibited. Some of them even amount to war crimes.

Israel's assassination policy constitutes willful killing, a grave breach of the 
Fourth Geneva Convention, which stipulates in Article 32: "The High Contracting 
Parties specifically agree that each of them is prohibited from taking any measure of 
such a character as to cause the physical suffering or extermination of protected 
persons in their hands.

"This prohibition applies not only to murder, torture, corporal punishment, mutilation 
and medical or scientific experiments not necessitated by the medical treatment of a 
protected person but also to any other measures of brutality whether applied by 
civilian or by military agents."

Moreover, the U.N. Principles on the Effective Prevention and Investigation of 
Extra-Legal, Arbitrary and Summary Executions emphasize that extrajudicial executions 
are never allowed, not even in time of war.

Will suggests that "all of Jerusalem" should be within Israel's borders. In fact, East 
Jerusalem is occupied territory. According to international law, East Jerusalem is 
part of the Occupied Territories, from which Israel should withdraw. From 1947 through 
1996 the U.N. Security Council issued 21 resolutions regarding Jerusalem. The General 
Assembly has

also issued similar resolutions.

These resolutions were issued either because of Israeli policies and measures 
regarding Jerusalem in particular or Jerusalem in the context of the occupied 
territories. They emphasize the illegitimacy of Israel's annexation of Jerusalem, 
based on the illegitimacy of its acquisition of territory by war.

Additionally, these resolutions regard the city as an integral part of the occupied 
territories and emphasize the applicability of international humanitarian law, 
especially the Fourth Geneva Convention. There has been a unique degree of 
international consensus on these resolutions.

That Israel has acquired territorial sovereignty in those areas is not sustainable in 
international law. Conquest, aggressive or defensive does not confer title. Many of 
the world's nations have expressly and repeatedly declined to recognize Israel's title 
to Jerusalem.

International humanitarian law prohibits confiscation of private property and allows 
the occupying power to take land but with compensation and only to meet its military 
needs (The Hague Regulations, 1907).

Underlying all such limitations is the idea that the occupying power is not the 
sovereign in the territory. Consequently, the occupying power may not commit any act 
that constitutes unilateral annexation of all or part of the occupied territory.

The writer is the international public advocacy officer the Palestinian Society for 
the Protection of Human Rights.


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