“We welcome the decision to convene a conference of the High Contracting parties – an event that is eagerly awaited. It is crucial that this meeting result in concrete measures in support of the Convention, including a mechanism specifically designed to enforce it” said FIDH president, Karim Lahidji.
However information received indicates that the agenda of the meeting does not include any debate on possible implementing mechanisms. While the Convention does not provide any specific mechanism of enforcement, articles 1 and 146 of the Convention impose an obligation on the High Contracting Parties to take all necessary measures to ensure respect for the Fourth Geneva Convention and pursue accountability in the event that the Convention is violated. Four categories of legally permissible measures that would be available to the High Contracting parties in the event of a breach of the treaty have been identified by the International Committee of the Red Cross [1]. These include diplomatic pressure, coercive action, measures in cooperation with international organizations, and contribution of states to humanitarian efforts. This conference of the High Contracting parties represents the perfect forum to implement such measures and set up an ad hoc mechanism.
Throughout the course of its 47‐year occupation of Palestinian territory, Israel has consistently and systematically violated international law. Despite the widespread perpetration of, amongst other things, grave breaches of the Geneva Conventions and crimes against humanity, Israeli authorities has not been held accountable. Previous conferences of the High Contracting Parties, convened in 1999 and 2001 failed to achieve any meaningful resolution regarding this situation. The result has been an escalating cycle of violence and disregard of international law as demonstrated by the last offensive on the Gaza Strip, continued settlement expansion, and the deterioration of the humanitarian and human rights situation in the Occupied Palestinian Territory.
It is therefore necessary that the conference achieves clear outcomes that are intended to ensure respect for international law and the protection of civilian populations. Failure to do so will facilitate the ongoing denial of fundamental rights of Palestinians and undermine the effectiveness of international law. As an Occupying Power, Israel is obliged to provide Palestinian civilians living under its occupation protective guarantees as provided under the Convention. The international community at-large, with the exception of Israel, has repeatedly recognised that the Fourth Geneva Convention applies de jure to the ongoing situation in the Occupied Palestinian Territory.