Legal memorandum issued by the National Center for Human Rights- Jordan

 

Amman, Jordan

 

The National Center for Human Rights in the Hashemite Kingdom of Jordan emphasizes that common human values and universal human rights principles form a shared human legacy. It is the duty of the international community to safeguard, cultivate, and promote these ideas, whilst collaborating in resisting any endeavor that seeks to diminish the longstanding global endeavors in shaping inclusive, universal concepts of human rights.

 

From a human rights standpoint, the Center is acutely aware of the immediate threat to the human rights framework within the occupied Palestinian territories. This concern extends not only to the Middle East region but also to the global community at large. The Center has discerned the unfolding stages and potential ramifications of this threat, stemming from the distressing humanitarian crisis in the Gaza Strip, exacerbated by the deliberate expansionist policies and systematic actions of the Israeli occupation authorities.

 

The Center stresses that double standards in dealing with any human rights issue constitute a compound violation of human rights, which will inevitably create a global atmosphere of aggression, where brutality, violence and extremism will be, not only normalized, but also justified, and frightfully, adopted. The current situation in the Gaza Strip is a living proof of this due to the daily disregard of the Israeli occupation crimes in the Arab Palestinian territories.

 

The international community's disregard for the atrocities committed by Israel and its constant and systematic violations of international humanitarian law and the international law of human rights impelled the center to submit this legal petition, to make a stand for justice and to put the international community, in general, and Western States, in particular, before their legal and ethical responsibilities.

 

The constant breach of the international humanitarian law and human rights law, committed in real time, and under the silent watchful eyes of the international community, are presented hereunder:

 

First: Violations in the Gaza Strip present a relapse and a setback in the international commitment to human rights and a consistent departure from its core principles.

 

Second: The actions carried out by the occupying authorities in the Gaza Strip amount to war crimes and crimes against humanity. This includes acts such as the deliberate targeting and killing of civilians, genocidal acts, forced displacement, demolition of homes and property, and collective punishment. These actions represent severe violations of both international humanitarian law and international human rights law. This is particularly evident in the perpetration of internationally condemned and criminalized violations outlined below:

 

Deliberate and targeted attacks on journalists and media personnel: Such relentless and intentional targeting of the media constitutes a crime not only against civilians, protected by the third Geneva Convention (as well as its additional protocol of 1977), but also a violation of the right to freedom of expression and the international community's right to be informed about the harsh realities of conflict. This hinders international efforts aimed at protecting civilians and preventing further conflict, as attacks on media personnel obstruct these endeavors.

 

Violation of the right to life and personal security (Art. 32 & 3 of IV Geneva Convention): The consistent and somewhat systematic attacks on civilians resulting in their deaths or causing them serious harm is a significant breach of international humanitarian law and the IV Geneva Convention, which is designed to safeguard civilians during times of war.

 

Destruction of real or personal property (Art. 53 of IV Geneva Convention): Whether owned individually or collectively by private individuals, the State, or other public authorities, which constitutes another violation of the Convention.

 

Forced transfers or deportations of individuals under occupation (Art. 49 of IV Geneva Convention): The deportation of protected persons from occupied territory to the territory of the Occupying Power or any other country, whether occupied or not, is strictly prohibited, regardless of the motive.

 

Collective punishments and reprisals (Art. 33 of IV Geneva Convention): Imposed on protected persons and their property, these are strictly forbidden. Therefore, the continuous bombardment of densely populated areas in Gaza constitutes a major breach of this Convention.

 

Attacks on civilian hospitals and/or medical personnel (Arts. 18 & 20 of the IV Geneva Convention): Civilian hospitals must always be safeguarded and may never be subjected to attack. The same protection extends to medical personnel. The assault on al-Ahli Arab Baptist Hospital constitutes a heinous crime under international humanitarian law, as does the act of obstructing the supply of medical necessities (Art. 17 of the IV Geneva Convention), violating the duty to ensure the safe passage of such supplies. The wounded, sick, expectant mothers, children, elderly, and infirm individuals should be granted secure passage rather than subjected to bombardment (Arts. 16 & 17 of the IV Geneva Convention).

 

Violations against cultural and religious sites: The continuous violations and assaults by the occupying authorities on cultural objects and places of worship are prohibited by the Hague Convention for the Protection of Cultural Property, which emphasizes the preservation of such sites. The First Protocol appended to the Geneva Conventions also forbids hostile acts directed towards historical monuments, artistic works, or places of worship that hold cultural or spiritual significance for peoples.

 

Third: The Center underscores the critical need to establish humanitarian corridors for the entry of medical and relief aid into the Gaza Strip, along with the provision of electricity and water. Any hindrance to relief efforts constitutes a violation of Article (23) of the IV Geneva Convention, which emphasizes the mandatory passage of all medicines and medical supplies, as well as clean water, food, clothing, and other pertinent provisions.

 

Finally: The violations committed by Israel amount to war crimes, crimes against humanity, and genocide, all of which are categorically prohibited under Article 5 of the Rome Statute. This necessitates that Israel be held internationally accountable, both at the State level or at the individual level.

 

The National Center for Human Rights

Amman- Jordan- Zahran St.151

Email: Mail@nchr.org.jo

Tel: 06 5931256- 06 5932257