Clarification sought concerning Australia's position regarding application of Fourth Geneva Convention
[21 May 2014] – Military Court Watch (MCW) has today written to Australia’s diplomatic representative in Ramallah, Mr. Tom Wilson, requesting clarification as to the Australian Government’s position regarding the application of the Fourth Geneva Convention (the Convention) to the Occupied Palestinian Territories (OPT). Although there is near universal acceptance and authoritative statements that the Convention applies in full, recent statements and actions by senior Australian officials have created some uncertainty regarding Australia’s position, most notably:* - In January 2014, Australia’s Foreign Minister, Julie Bishop, was quoted as saying: “I would like to see which international law has declared them [settlements] illegal”; and
- In May 2014, Australia’s Ambassador to Israel, Dave Sharma, met with Israel’s housing minister in occupied East Jerusalem, implying tacit acceptance of Israel’s annexation of the territory in violation of international law.
The application of the Convention is directly relevant to MCW’s work in respect to the prosecution of Palestinian children in Israeli military courts and their transfer to prison facilities located inside Israel in violation of Article 76. In the event that the Australian Government is no longer committed to the application of the four Geneva Conventions then it is unclear whether there is any continued legal foundation for the imposition of Israeli military law in the West Bank – perhaps one of the many unintended legal consequences arising out of any change in position by the Australian Government.
Notes
* See for example: UN Security Council resolutions 237, 446, 452, 465, 476, 681, 799 and 904; International Court of Justice Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004).
