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House demolitions, leveling of
agricultural land and expropriation of land are violations
of Articles 33 and 53 under the Fourth Geneva Convention and
is furthermore defined as a grave breach under article 147
and thus constitutes a war crime. In addition, the UN
Committee Against Torture has found, that the Israeli
government's house demolition policy "may, in certain
instances, amount to cruel, inhuman or degrading treatment
or punishment" in violation of Article 16 of the UN
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
The Fourth
Geneva Convention
Art. 33.
No protected person may be punished for an offence he or she
has not personally committed. Collective penalties and
likewise all measures of intimidation or of terrorism are
prohibited.
Pillage is
prohibited.
Reprisals
against protected persons and their property are prohibited.
Art. 53.
Any destruction by the Occupying Power of real or personal
property belonging individually or collectively to private
persons, or to the State, or to other public authorities, or
to social or cooperative organizations, is prohibited,
except where such destruction is rendered absolutely
necessary by military operations.
Art. 147.
Grave breaches to which the preceding Article relates shall
be those involving any of the following acts, if committed
against persons or property protected by the present
Convention: wilful killing, torture or inhuman treatment,
including biological experiments, wilfully causing great
suffering or serious injury to body or health, unlawful
deportation or transfer or unlawful confinement of a
protected person, compelling a protected person to serve in
the forces of a hostile Power, or wilfully depriving a
protected person of the rights of fair and regular trial
prescribed in the present Convention, taking of hostages and
extensive destruction and appropriation of property, not
justified by military necessity and carried out unlawfully
and wantonly.
UN Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or
Punishment
Article 16
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Each
State Party shall undertake to prevent in any territory
under its jurisdiction other acts of cruel, inhuman or
degrading treatment or punishment which do not amount to
torture as defined in article 1, when such acts are
committed by or at the instigation of or with the
consent or acquiescence of a public official or other
person acting in an official capacity.
In particular, the obligations contained in article 10,
11, 12 and 13 shall apply with the substitution for
references to torture of references to other forms of
cruel, inhuman or degrading treatment or punishment.
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The
provisions of this Convention are without prejudice to
the provisions of any other international instrument or
national law which relates to extradition or expulsion.
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