Tuesday, April 22, 2008

On the Fourth Geneva Convention

And indeed, the military commander’s general authority to sequester land on the basis of the Regulations Concerning the Laws and Customs of War on Land, The Hague, 18 October 1907 [hereinafter –the Hague Regulations] and IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War 1949 [hereinafter – the Fourth Geneva Convention], subject to conditions pursuant to international and Israeli law, has been recognized by this court in a series of judgments (see, e.g.: Beit Sourik, at paragraph 32; H.C.J. 940/04 Abu Tir v. The Military Commander in the Judea and Samaria Area (yet unpublished), at paragraph 10 (hereinafter – Abu Tir); H.C.J. 10356/02 Hess v. Commander of IDF Forces in the West Bank (yet unpublished), at paragraphs 8-9 [hereinafter – Hess]; H.C.J. 401/88 Abu Riyan v. Commander of IDF Forces in Judea and Samaria, 42(2) P.D. 767, 770; H.C.J. 24/91 Timraz v. Commander of IDF Forces in the Gaza Strip Area, 45(2) P.D. 325, 333-335; H.C.J. 2717/96 Wafa v. Minister of Defense, 50(2) P.D. 848, 856).


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