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Internment or Assigned Residence of Palestinian Protected Persons without Trial or Charge: Victims of War Crimes

In: Arab Law Quarterly
Author:
Basheer al-Zoughbi Independent scholar Bethlehem Palestine

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Abstract

This article examines internment or assigned residence of protected persons without trial or charge under the laws and customs of war. It then explores Israel’s (as the Occupying Power) resort to such measures and the role of its judiciary. It further considers the grave breach of the Fourth Geneva Convention (war crime) of deportation of scores of Palestinian persons to prisons and detention centres outside the frontiers of their occupied territory. Simultaneously, it considers how the violations of the rules and procedures on internment or assigned residence have amounted to four grave breaches of the Fourth Geneva Convention (war crimes). These are: inhuman treatment, wilfully causing great suffering or serious injury to body or health, unlawful confinement and wilfully depriving a protected person of the right to fair and lawful trial.

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