A legal study about
The Abduction of PLC Members By Israeli Occupation Forces
"In The Light of The Human International Law"
Introduction:
The rules of the general international law are considered legal rules which have among states and other political entities the power of law which they observe and act in accordance with them. This quality applies to all the well-established provisions regulating the relationships and behaviour of states. Any violation of such provisions results in legal responsibility which makes the violating state vulnerable to penalty. The lack of penalty is not a defect in the law itself but it is defect in the system under which it is applied. The daily violations of the rules of the international law practiced by the occupation state with regard to the Palestinian people and their government and MPs are but a result of the lack of penalty and the absence of the international will to provide protection for the rules of the international law from the frivolity of the Israeli occupation authorities and the group of states and international organizations allied with them.
Therefore the abduction of officials (MPs, ministers and heads of municipalities) by Israeli occupation forces on Wednesday, 28/6/2006 is an Aggressive crime against the governing authority and against the sovereignty, integrity and political independence of the Palestinian national authority. This was confirmed by article 1 of the UN resolution issued on the 14th of December 1974 regarding the definition of aggression an it stated that:
" aggression is the use of armed force by one state against the sovereignty, integrity or the political independence of another state or in any way not in conformity with the UN Charter".
The Israeli occupation state bears the liability of international responsibility for the aggressive crime according to which the attack on the sovereignty took place through the kidnapping of a number of PLC members in accordance with the collective security system which is grounded on the following bases:
- The right of the United Nations Organization to take effective joint measures to prevent causes that threaten world peace.
- The obligation of United Nations members to put at the command of the security council at its request the necessary armed forces and aids to maintain international peace and security.
- All the actions of armed interference should the under the control and Supervision of the Security Council and the Council has the power to determine the aggressor and the power of commanding the member states to impose unmilitary pressure. Finally, the collective security system does not contravene the responsibility of the occupation state for the compensations which it should bear for all the damages resulting from the aggressive actions carried out by it or with its permission in the manner decided by the Security Council or according to what is agreed upon between The Palestinian National Authority and the occupation state.
Secondly:
The Human International law and The abduction of members of The Governing Authority.
what the Israeli occupation state government and the Legislative Council is but an unlawful arrest. Taking them as hostages is a war crime as stated in the third and fourth Geneva conventions.
Article 34 of the fourth convention stipulates with respect to the crime of taking hostages that. "Taking hostages is prohibited". This crime aims at arresting the subjects of another state by force and putting them under the control of the authority of the occupation state. For this crime is a retaliatory action including the threatening of the hostages' life or the elongation of the detaining period. This is different from the crime acknowledged in the internal legal systems which is known as detaining a person and depriving him of his freedom unjustly or not in conformity with the law because the latter crime does not include clued the idea of threatening the detainee's life. therefore the crime of defining hostages is considered within the domain of the Humanitarian Geneva Conventions.
On the basis of this, the states-parties of Geneva Conventions of 1949- have to take necessary measures to ensure the implementation of those conventions. If they fail to fulfill this obligation, they will have to bear the liability of international responsibility.
In the light of the aforesaid, the abduction of the members of the government and the Palestinian Legislative Council by the Israeli occupation forces on Wednesday 28/6/2006 is considered a war crime. The occupation state is responsible for these actions and the leaders and rulers of the occupation state bear the criminal responsibility for such crimes: They should be tried before the International Criminal Court for these crimes. The peace forces in the world should undertake their role in promptly releasing the members of the government and the Legislative Council due to their part in regulating the security, political and service affairs for Palestinian citizens who have elected them to conduct all the sides of their lite.
