its own population to occupied territory; apartheid, through strengthening
the policies of discriminatory zoning and planning, institutionalized
discrimination, and segregation, or the permit regime; and forcible
displacement through direct expulsion via confiscations, home demolitions,
revocation of residency, or by creating an environment of coerciveness that
leaves Palestinians with no choice but to leave their homes or remain in an
act of resilience. A resilience that, as shown in previous chapters, is also
suppressed and punished by Israel.
These ongoing violations of international law by Israel trigger obligations on
the UN and third-party states. The High Contracting Parties of the Geneva
Conventions must honor their obligation under Article 146 of the Fourth
Geneva Convention to identify and bring to justice the individuals that
allegedly committed or ordered to commit any of the acts that constitute a
grave breach of the convention, including acts of forcible transfer triggered
by the policy of suppression inside the oPt. The High Contracting Parties must
also abide by their obligation to ensure that Israel respects the Conventions.
International Customary Law also establishes that “states must exercise
the criminal jurisdiction which their national legislation confers upon their
courts, be it limited to territorial and personal jurisdiction, or include
universal jurisdiction, which is obligatory for grave breaches.”394 Finally, the
Responsibility to Protect from gross violations of human rights establishes
that “the international community has a responsibility to use appropriate
diplomatic, humanitarian and other means to protect populations from
these crimes.”395 If a State is manifestly failing to protect its populations,
the international community must be prepared to take collective action
to protect populations, in accordance with the UN Charter. As long as the
international community fails to honor their obligations and put an end to the
ongoing Israeli policy of illegal suppression of resistance by which the most
basic rights of Palestinians are razed on a daily basis, Palestinians will have no
choice but to continue living under this coercive system of domination and
control, or to leave their homes.
394 ICRC, Rules 157 and 178 of Customary IHL. Available at: https://ihl-databases.icrc.org/customary-ihl/
eng/print/v1_cha_chapter44_rule158
395 Outreach Programme on the Rwanda Genocide and the United Nations, Background Information on
the Responsibility to Protect, United Nations. Available at: http://www.un.org/en/preventgenocide/
rwanda/about/bgresponsibility.shtml
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