ISRAELI VIOLATION: HISTORY & THEORY
Freedom of Religion is one of the basic rights of human life, and is mentioned throughout international human rights law (for example, in the Universal Declaration of Human Rights (article 18; 1948) and the International Convention on the Elimination of All Forms of Racial Discrimination (article 5(d.vii); 1965) ).
During wartime, this right is also to be respected. The Hague Regulations of 1907 demand that military and occupation forces protect and preserve holy places (articles 55 & 56) and that the spiritual needs of POW's be fulfilled (articles 18), and the Geneva Conventions of 1949 require military and occupation forces to preserve the religious freedom of the civilian population (articles 30, 38, 58, 76, 78, 86, 93 & 142).
Unfortunately, in the Palestine/Israel conflict, the Israeli military has been warned numbers of times by the UN Security Council to respect holy places and the religious freedom of civilians and POW's:
- Resolution 46 (17 April 1948) - Calls upon all parties to cease violence, use of armed militias and mercenaries, importing of weapons and war materials, conducting political activity injurious to the other party, activities which might endanger the Holy Places, and calls upon the British Mandate Power and all neighboring countries to cooperate in bringing about peace.
- Resolution 271 (15 September 1969) -- Reaffirming established principle that acquisition of territory by military conquest is not admissible, and deploring the desecration of the holy Al Aqsa Mosque, the Security Council calls upon Israel to observe the Geneva Conventions concerning military occupations, and to respect religious places, their functions and pilgrimages to them, and condemns Israel for violating UN Resolutions listed above, and warns Israel that if it does not stop, then the Security Council will then take the next steps toward achieving enforcement.
- Resolution 452 (20 July 1979) -- expresses concern about the state of the holy places in Jerusalem considering Israel taking steps to change the status of Jerusalem in violation of UN Resolutions and international law.
- Resolution 459 (19 December 1979) -- commends the efforts of the government of Lebanon to preserve cultural and historic sites around the city of Tyre during the Israeli invasion.
- Resolution 672 (12 October 1990) -- Reaffirming UN Security Council Resolutions 242 & 338 and Geneva Conventions (1949) is applicable to Israeli occupation, expresses alarm at Holy Places violence on 8 October, especially violence by Israeli army, and calls on Israel to obey Geneva Conventions (1949).
- Resolution 1073 (28 September 1996) -- Noting with concern the intention of the Israeli government to build a tunnel with entrance near the Al Aqsa Mosque, and the violent fighting throughout the occupied territories resulting in high number of Palestinian civilian deaths, including with Palestinian police, calls on end to all provocative acts, and ensurance of safety for all Palestinian civilians.
- Resolution 1322 (7 October 2000) -- Deplores provocation of Sept. 28 at Al-Haram Al-Sharif when Ariel Sharon entered sacred space with large group of mercenaries, and calls upon Israel to scrupulously obey Geneva Conventions (1949), and for all parties to take steps to return to peace process.
But there are also many eye-witness reports of destruction of Islamic holy places. A website called "Palestine Remembered" attempts to document what has happened to each Palestinian village destroyed during the 1948 fighting, with the hopes of keeping those communities together, and with the hope of some day returning. Villagers from around the world including those within Israel's borders collect on this website memories and photos and records of what has happened to their village, its past history, and what is happening right now. Here is a list of a few examples of Israeli forces or workers or businessmen desecrating their village Mosques during or following the 1948 fighting.
- 'Akbara Mosque destroyed during fighting
- al-Lydd Mosque was site of Israeli massacre of aproximately 176 Palestinian civilians
- Zarnuqu Mosque converted to a Synagogue
- Khulda's Mosque converted into a Museum
- al-Manshiyya Mosque turned into a private Israeli home
- Wadi Hunayn Mosque converted to a Synagogue
- 'Ayn Hawd Mosque converted into a Israeli tourist restaurant/bar
- Qisarya Mosque converted into a bar
- Kawfakha Mosque converted into a stable and storehouse for animal fodder for Israeli farmers
- Sa'sa' Mosque demolished by Israeli workers after fighting ended
This is clearly in violation of international law which requires military forces to respect places of worship. |
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.
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- Geneva Conventions Protocols I (1977), articles 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.
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- UN Security Council Resolution 46 (1948), article 1(f):
1. Calls upon all persons and organizations in Palestine, and especially upon the Arab Higher Committee and the Jewish Agency, to take immediately, without prejudice to their rights, claims, or positions, and as a contribution to the well-being and permanent interests of Palestine, the following measures:
- (a) Cease all activities of a military or paramilitary nature, as well as acts of violence, terrorism and sabotage;
- (f) Refrain from any action which will endanger the safety of the Holy Places in Palestine and from any action which would interfere with access to all shrines and sanctuaries for the purpose of worship by those who have an established right to visit and worship at them;
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- UN Security Council Resolution 271 (1969):
| Grieved at the extensive damage caused by arson to the Holy Al-Aqsa Mosque in Jerusalem on 21 August 1969 under the military occupation of Israel,
Mindful of the consequent loss to human culture,
Having heard the statements made before the Council reflecting the universal outrage caused by the act of sacrilege in one of the most venerated shrines of mankind,
- 2. Recognizes that any act of destruction or profanation of the Holy Places, religious buildings and sites in Jerusalem or any encouragement of, or connivance at, any such act may seriously endanger international peace and security;
- 3. Determines that the execrable act of desecration and profanation of the Holy Al-Aqsa Mosque emphasizes the immediate necessity of Israel's desisting from acting in violation of the aforesaid resolutions and rescinding forthwith all measures and actions taken by it designed to alter the status of Jerusalem;
- 4. Calls upon Israel scrupulously to observe the provisions of the Geneva Conventions 1/ and international law governing military occupation and to refrain from causing any hindrance to the discharge of the established functions of the Supreme Moslem Council of Jerusalem, including any co-operation that Council may desire from countries with predominantly Moslem population and from Moslem communities in relation to its plans for the maintenance and repair of the Islamic Holy Places in Jerusalem;
- 5. Condemns the failure of Israel to comply with the aforementioned resolutions and calls upon it to implement forthwith the provisions of these resolutions;
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- UN Security Council Resolution 452 (1979) (comdemns Israel changing the legal status of Jerusalem, and the settlements Israel is building in the Palestinian occupied territories, and expresses concerns about the impact this activity might have on Islamic holy places in the area):
| Considering that the policy of Israel in establishing settlements in the occupied Arab territories has no legal validity and constitutes a violation of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949,
Deeply concerned by the practices of the Israeli authorities in implementing that settlements policy in the occupied Arab territories, including Jerusalem, and its consequences for the local Arab and Palestinian population,
Emphasizing the need for confronting the issue of the existing settlements and the need to consider measures to safeguard the impartial protection of property seized,
Bearing in mind the specific status of Jerusalem, and reconfirming pertinent Security Council resolutions concerning Jerusalem and in particular the need to protect and preserve the unique spiritual and religious dimension of the Holy Places in that city,
Drawing attention to the grave consequences which the settlements policy is bound to have on any attempt to reach a peaceful solution in the Middle East,
- 3. Calls upon the Government and people of Israel to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem;
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- UN Security Council Resolution 459 (1979):
- 4. Takes note of the determination of the Government of Lebanon to draw up a programme of action in consultation with the Secretary-General to promote the restoration of its authority in pursuance of resolution 425 (1978);
- 5. Takes note also of the efforts of the Government of Lebanon to obtain international recognition for the protection of the archaeological and cultural sites and monuments in the city of Tyre in accordance with international law and the Hague Convention of 1954, which considers such cities, sites and monuments as a heritage of interest of all mankind;
- 6. Reaffirms the validity of the General Armistice Agreement between Israel and Lebanon in accordance with its relevant decisions and resolutions and calls upon the parties, with the assistance of the Secretary-General, to take the necessary steps to reactivate the Mixed Armistice Commission and to ensure full respect for the safety and freedom of action of the United Nations Truce Supervision Organization;
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- UN Security Council Resolution 672 (1990):
- 1. Expresses alarm at the violence which took place on 8 October at the Al Haram al Shareef and other Holy Places of Jerusalem resulting in over twenty Palestinian deaths and to the injury of more than one hundred and fifty people, including Palestinian civilians and innocent worshippers;
- 2. Condemns especially the acts of violence committed by the Israeli security forces resulting in injuries and loss of human life;
Adopted unanimously.
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- UN Security Council Resolution 1073 (1996):
| Having considered the letter dated 26 September 1996 from the representative of Saudi Arabia on behalf of the States Members of the League of Arab States, contained in document S/1996/790, that referred to the action by the Government of Israel to open an entrance to a tunnel in the vicinity of Al Aqsa Mosque and its consequent results,
Expressing its deep concern about the tragic events in Jerusalem and the areas of Nablus, Ramallah, Bethlehem and the Gaza Strip, which resulted in a high number of deaths and injuries among the Palestinian civilians, and concerned also about the clashes between the Israeli army and the Palestinian police and the casualties on both sides,
Concerned about developments at the Holy Places of Jerusalem,
- 1. Calls for the immediate cessation and reversal of all acts which have resulted in the aggravation of the situation, and which have negative implications for the Middle East peace process;
- 2. Calls for the safety and protection of Palestinian civilians to be ensured;
Adopted with 14 votes in favour,
none against and 1 abstention (United States)
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- UN Security Council Resolution 1322 (2000):
Reaffirming the need for full respect by all of the Holy Places of the City of Jerusalem, and condemning any behaviour to the contrary,
- 1. Deplores the provocation carried out at Al-Haram Al-Sharif in Jerusalem on 28 September 2000, and the subsequent violence there and at other Holy Places, as well as in other areas throughout the territories occupied by Israel since 1967, resulting in over 80 Palestinian deaths and many other casualties;
- 2. Condemns acts of violence, especially the excessive use of force against Palestinians, resulting in injury and loss of human life;
- 3. Calls upon Israel, the occupying Power, to abide scrupulously by its legal obligations and its responsibilities under the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949;
- 4. Calls for the immediate cessation of violence, and for all necessary steps to be taken to ensure that violence ceases, that new provocative actions are avoided, and that the situation returns to normality in a way which promotes the prospects for the Middle East peace process;
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