Israel may face UN court ruling on legality of Gaza conflict
Afua Hirsch, legal affairs correspondent The Guardian, Wednesday 14 January 2009
Israel faces the prospect of intervention by international courts amid growing calls that its actions in Gaza are a violation of world humanitarian and criminal law.
The UN general assembly, which is meeting this week to discuss the issue, will consider requesting an advisory opinion from the international court of justice, the Guardian has learned. .......... There is a consensus among independent legal experts that Israel is an occupying power and is therefore bound by the duties set out in the fourth Geneva convention," Falk added. "The arguments that Israel´s blockade is a form of prohibited collective punishment, and that it is in breach of its duty to ensure the population has sufficient food and healthcare as the occupying power, are very strong." ......... More likely, experts say, is the establishment of ad-hoc tribunals of the kind created to deal with the war in the former Yugoslavia and the genocide in Rwanda.
"If there were the political will there could be an ad-hoc tribunal established to hear allegations of war crimes," Falk said. "This could be done by the general assembly acting under article 22 of the UN charter which gives them the authority to establish subsidiary bodies."
http://www.guardian.co.uk/world/2009/jan/14/israel-gaza-un-court-palestine
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