UN investigator: Israeli settlements in West Bank, East Jerusalem amount to war crime
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UN investigator: Israeli settlements in West Bank, East Jerusalem amount to war crime

A UN human rights investigator announced Friday that Israeli settlements in the West Bank and in East Jerusalem meet the definition of a war crime.

Special rapporteur Michael Lynk addressed a meeting of the Human Rights Council, in which he gave a report about whether the settlements violated the 1998 Rome Statute of the International Criminal Court (ICC). Three elements must be satisfied to meet the definition for the war crime of transferring a civilian population into an occupied territory. The material elements are the transfer of the population into the territory, and that the transfer took place arising from an international armed conflict. These elements were met when Israel captured East Jerusalem, the West Bank, and Gaza in 1967 as part of an international armed conflict.

The third element is mental, and it requires that the perpetrator has both the intent and knowledge of the crime. The report noted that the Israeli government has a long history of supporting the growth of the settlements and that the government “has been fully aware of the clear direction from the international community” that its policy is in direct violation of international law.

Lynk concluded that Israeli behavior meets the definition of a war crime and therefore falls under the jurisdiction of the ICC. He accused Israel of not being “serious about peace” because of its ongoing defiance of the Rome Statute.

Lynk also said that the international community “cannot be serious about its own laws” if it does not hold violators accountable. He included a list of recommended actions for the international community to take, including a review of trade, cultural, and investment agreements with Israel, and a ban on arms sales to Israel. His recommendations also included holding accountable Israeli political, military, and administrative officials responsible for the violations of international law.

Israel, which does not recognize the special rapporteur’s mandate nor cooperate with him in any way, was not present at the meeting.