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IDF armored vehicles in Gaza
Photo: AP

Switzerland: Israel violating int'l law in Gaza

Swiss government attacks Israeli operations in Gaza, says Jerusalem guilty of 'collect punishment'; EU urges Israel to free Hamas officials, also demands Gilad Shalit returned to Israel. Hamas: 'Resistance factions are serious regarding kidnapped soldier; Israel must at least begin freeing the women and minors'

Switzerland said Monday that Israel has been violating international law in its Gaza offensive by heavy

destruction and endangering civilians in acts of collective punishment banned under the Geneva conventions on the conduct of warfare.

 

"A number of actions by the Israeli defense forces in their offensive against the Gaza Strip have violated the principle of proportionality and are to be seen as forms of collective punishment, which is forbidden," the Swiss Foreign Ministry said in a statement.

 

"There is no doubt that Israel has not taken the precautions required of it in international law to protect

the civilian population and infrastructure," it said. The statement did not name the Geneva Conventions, but it referred to provisions of the 1949 treaty, which is regarded as the cornerstone of international law on the obligations of warring and occupying powers.

 

Switzerland, as the depository of the conventions, has a responsibility to call meetings if it finds general

problems with the implementation of the treaty, but it does not have any special powers to interpret the document.

 

Both the principle of proportionality and the ban on collective punishment are found in the Fourth Geneva

Convention, which spells out the obligations of occupying powers toward the civilian population under their control.

 

Israel has used tanks, troops, gunboats and aircraft to to press terrorists to free a captured Israeli soldier Gilad Shalit.

 

Disabling Hamas

 

In statements since, government officials have said they also mean to disable the Hamas government

and stop gunmen from launching rockets at southern Israel.

 

"They have criticized us even though we are showing restraint," Aviv Shir-On, Israel's ambassador in Bern,

told the Associated Press. "We are disappointed that the Swiss government did not issue such statements when Israel's civilian population was constantly under attack from the Gaza Strip."

 

Shir-On said the criticism was unfair when Israel was supplying people in Gaza with electricity, water, fresh food and necessary medicine even though Hamas was sworn to the Jewish state's destruction.

 

Switzerland also called for the "rapid release" of Shalit, but said Israel had an obligation "to respect international humanitarian law in the measures it undertakes to liberate the captured soldier."

 

The European Union urged Israel on Monday to free Hamas officials, including eight Cabinet ministers and 26 legislators, and show restraint in its military campaign to force Palestinian militants to free Shalit. It also called for the soldier's "immediate and unconditional release."

 

During a visit to Helsinki, European Commission President Jose Manuel Barroso said the EU is "very concerned about the negative developments we are now seeing," and urged both parties to solve the conflict.

 

'Ready to assist'

 

"We in the commission are ready to assist all the efforts of our member states to give positive contributions," Barroso said after talks with Finnish President Tarja Halonen whose country assumed the rotating EU presidency on Saturday. The EU called on Palestinian leaders "To bring an end to violence and terrorist activities, including the firing of rockets on Israeli territory."

 

Palestinian militants on Monday gave Israel less than 24 hours to start releasing 1,500 Palestinian prisoners, implying Shalit would be killed if Israel did not comply.

 

Barroso said the Israelis and Palestinians have to solve the problem themselves. "No one can do it on behalf of those who are directly involved, on behalf of the Israelis and the Palestinians themselves."

 

"What we can do now is to ask for restraint on both sides and an end to violence, because we never thought that violence is the way to solve (this) very difficult issue," Barroso said.

 

Early Monday morning, Hamas' military wing - one of the three groups holding him - issued a statement giving Israel until 6 a.m. Tuesday to "start" freeing the prisoners.

 

If Israel doesn't comply, "We will consider the soldier's case to be closed," the statement said, "and then the enemy must bear all the consequences of the future results."

 

Abu Obeida, spokesman for the Hamas military wing, later told the Associated Press that Israel must at least begin freeing the women and minors. "Israel must understand that the resistance factions are serious in this matter. They will close this case if (Israel) doesn't deal with the demands," he said, adding that the militants would not compromise.

 

Abu Obeida refused to specify what the militants would do if the ultimatum was ignored.

 


פרסום ראשון: 07.03.06, 22:15
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