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STUDY GUIDES: Israeli Law Israeli Military Orders International Law International Court of Justice Advisory Opinion on Wall

STUDY GUIDE : International Law & Israel

Relevant Major Principles of International Law - 4. Military forces and occupation forces are required to respect religious, educational and cultural institutions, and to allow ministers of religion to preach and give religious counsel to civilians, POW's, etc.:
RELEVANT PRINCIPLE OF INTERNATIONAL LAW

During times of war or military occupation, the warring forces, or occupation forces, are required as per international humanitarian law to respect and protect places of worship or of cultural significance, to respect the religious practices of POW's and civilians, and to allow ministers of religion to perform their religious duties amongst the civilian population and POW's.

RELEVANT LAWS & RESPONSES
  • As per International Law -
    • Hague Regulations IV (1907), articles 18, 55 & 56 (full text) (specific articles - see below)
    • Geneva Conventions IV (1949), articles 30, 38, 58, 76, 78, 86, 93 & 142 (full text) (specific articles - see below)
    • Geneva Conventions Protocol I (1977), article 85(4d) (full text) (specific articles - see below)
  • Israeli Violations -
    • 5. Israeli forces have destroyed Muslim holy places, and interfered with the religious work of Muslim Imams (ministers) (more details).
  • International Response -
    • United Nations -
    • International Miscellaneous response -
    • Academic Analysis -
RELEVANT QUOTES FROM TEXT
  • Hague Regulations IV (1907), articles 18, 55 & 56:
    Article 18. Prisoners of war shall enjoy complete liberty in the exercise of their religion, including attendance at the services of whatever church they may belong to, on the sole condition that they comply with the measures of order and police issued by the military authorities.

    Article 55. The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.

    Article 56. The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property.

    All seizure of, destruction or wilful damage done to institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings.

  • Geneva Conventions IV (1949), articles 30, 38, 58, 76, 78, 86, 93 & 142:

    Article 30. Apart from the visits of the delegates of the Protecting Powers and of the International Committee of the Red Cross, provided for by Article 143, the Detaining or Occupying Powers shall facilitate, as much as possible, visits to protected persons by the representatives of other organizations whose object is to give spiritual aid or material relief to such persons.

    Article 38. With the exception of special measures authorized by the present Convention, in particularly by Article 27 and 41 thereof, the situation of protected persons shall continue to be regulated, in principle, by the provisions concerning aliens in time of peace. In any case, the following rights shall be granted to them:

    • (3) they shall be allowed to practise their religion and to receive spiritual assistance from ministers of their faith.

    Article 58. The Occupying Power shall permit ministers of religion to give spiritual assistance to the members of their religious communities.

    The Occupying Power shall also accept consignments of books and articles required for religious needs and shall facilitate their distribution in occupied territory.

    Article 76. Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein. They shall, if possible, be separated from other detainees and shall enjoy conditions of food and hygiene which will be sufficient to keep them in good health, and which will be at least equal to those obtaining in prisons in the occupied country.

    They shall also have the right to receive any spiritual assistance which they may require.

    Article 78. If the Occupying Power considers it necessary, for imperative reasons of security, to take safety measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment.

    Article 86. The Detaining Power shall place at the disposal of interned persons, of whatever denomination, premises suitable for the holding of their religious services.

    Article 93. Internees shall enjoy complete latitude in the exercise of their religious duties, including attendance at the services of their faith, on condition that they comply with the disciplinary routine prescribed by the detaining authorities.

    Ministers of religion who are interned shall be allowed to minister freely to the members of their community. For this purpose the Detaining Power shall ensure their equitable allocation amongst the various places of internment in which there are internees speaking the same language and belonging to the same religion. Should such ministers be too few in number, the Detaining Power shall provide them with the necessary facilities, including means of transport, for moving from one place to another, and they shall be authorized to visit any internees who are in hospital. Ministers of religion shall be at liberty to correspond on matters concerning their ministry with the religious authorities in the country of detention and, as far as possible, with the international religious organizations of their faith. Such correspondence shall not be considered as forming a part of the quota mentioned in Article 107. It shall, however, be subject to the provisions of Article 112.

    When internees do not have at their disposal the assistance of ministers of their faith, or should these latter be too few in number, the local religious authorities of the same faith may appoint, in agreement with the Detaining Power, a minister of the internees' faith or, if such a course is feasible from a denominational point of view, a minister of similar religion or a qualified layman. The latter shall enjoy the facilities granted to the ministry he has assumed. Persons so appointed shall comply with all regulations laid down by the Detaining Power in the interests of discipline and security.

    Article 142. Subject to the measures which the Detaining Powers may consider essential to ensure their security or to meet any other reasonable need, the representatives of religious organizations, relief societies, or any other organizations assisting the protected persons, shall receive from these Powers, for themselves or their duly accredited agents, all facilities for visiting the protected persons, for distributing relief supplies and material from any source, intended for educational, recreational or religious purposes, or for assisting them in organizing their leisure time within the places of internment. Such societies or organizations may be constituted in the territory of the Detaining Power, or in any other country, or they may have an international character.

  • Geneva Conventions Protocol I (1977), article 85(4d):
    Article 85. Repression of breaches of this Protocol
    • 4. In addition to the grave breaches defined in the preceding paragraphs and in the Conventions, the following shall be regarded as grave breaches of this Protocol, when committed wilfully and in violation of the Conventions or the Protocol:
      • (d) making the clearly-recognized historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples and to which special protection has been given by special arrangement, for example, within the framework of a competent international organization, the object of attack, causing as a result extensive destruction thereof, where there is no evidence of the violation by the adverse Party of Article 53, subparagraph (b), and when such historic monuments, works of art and places of worship are not located in the immediate proximity of military objectives;
    • 5. Without prejudice to the application of the Conventions and of this Protocol, grave breaches of these instruments shall be regarded as war crimes.

REFERENCES


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(C) Israel Law Resource Center, February, 2007.

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