Grave breaches of the Fourth Geneva Convention
The Fourth Geneva Convention states that “if committed against persons
or property protected by the present Convention,” wilful killing, torture or
inhuman treatment, wilfully causing great suffering or serious injury to body
or health, unlawful deportation or transfer, wilfully depriving a protected
person of the rights of fair and regular trial, and extensive destruction and
appropriation of property, not justified by military necessity and carried
out unlawfully and wantonly, will be considered grave breaches of the
Convention.374
As shown throughout the chapters of this Working Paper, Israel is not only
responsible for committing individual acts that constitute grave breaches,
but also of carrying out those acts in such a systematic and widespread
manner that they amount to an official policy. The wilful killings at the
hands of Israeli forces have been extensively documented during the past
decades, as has been the ongoing policy of torture and inhuman treatment
to which Palestinian prisoners are subjected to in Israeli prisons. In the
context of the use of excessive force, examples of wilfully causing suffering
or serious injury to body can be found all across the oPt. The policy of
administrative detention as well as the arbitrary arrests constitutes a
systematic deprivation of the right to a fair and regular trial for Palestinian
prisoners, who often spend years in jail without charges or evidence
brought against them. The three wars in the Gaza Strip are a case in point of
extensive destruction of property not only unjustified by military necessity
and carried out unlawfully, but that it may have rendered the Gaza Strip
uninhabitable by 2020, as reported by the UN.375 The Additional Protocol
I of 1977 also establishes “practices of apartheid and other inhuman and
degrading practices involving outrages upon personal dignity, based on
racial discrimination” as a grave breach.376
The Geneva Conventions state that “No High Contracting Party shall be
allowed to absolve itself or any other High Contracting Party of any liability
incurred by itself or by another High Contracting Party in respect of [the
aforementioned] breaches.”377 These grave breaches, therefore, confer an
obligation on state signatories to “enact domestic penal legislation, search
374 Geneva Convention IV, Article 147
375 UN Conference on Trade and Development (UNCTAD), Report on UNCTAD assistance to the Palestinian
people: Developments in the economy of the Occupied Palestinian Territory, 6 July 2015. Available at:
http://unctad.org/en/PublicationsLibrary/tdb62d3_en.pdf
376 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of
Victims of International Armed Conflicts (Protocol I), 8 June 1977, Article 85(4)(c)
377 Geneva Convention IV, Article 148
102
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents