Ref: 52/2010

The Palestinian Centre for Human Rights (PCHR) today release “Ensuring Respect for the Fourth Geneva Convention: Convening a Conference of High Contracting Parties”. This new report details the legal situation regarding the convening of a conference of High Contracting Parties, as well as the enforcement mechanisms available to the international community.

On 5 November 2009, the General Assembly of the United Nations adopted Resolution A/Res/64/10. This Resolution recommends that Switzerland, in its capacity as depositary of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, undertake as soon as possible the steps necessary to reconvene a Conference of High Contracting Parties to the Fourth Geneva Convention with the aim of enforcing the Convention in the Occupied Palestinian Territory, including East Jerusalem, and ensuring its respect in accordance with common article 1.

This recommendation was made in light of the Goldstone Report and consequent to the deteriorating human rights and humanitarian situation in the occupied Palestinian territory (oPt); the recommendation was subsequently endorsed by the Human Rights Council in March 2010. Within both resolutions there is an implicit call for specific, concrete measures, as is evident both through the wording of the resolution – ‘measures to enforce’, ‘ensure its respect’ – and the reference to the powers inherent in common Article 1.

The Palestinian Centre for Human Rights (PCHR) has prepared this memorandum in order to briefly illustrate the legal situation surrounding the convening of a Conference of the High Contracting Parties, and to make specific recommendations regarding the legal mechanisms available to High Contracting Parties as they fulfil their obligation to enforce, and ensure respect for, the Fourth Geneva Convention.

The convening of a conference of the High Contracting Parties offers a rare opportunity to develop international humanitarian law, and to ensure that it remains capable of serving the civilian populations it is mandated to protect.

It is imperative that the proposed conference be held, and that it results in practical measures intended to ensure Israel’s compliance with international humanitarian law.

PCHR has previously released several Memoranda addressed to the High Contracting Parties to the Geneva Conventions stressing the deterioration of the humanitarian situation in the oPt and calling for the convening of a conference on the enforcement of the Fourth Geneva Convention.

PCHR-LAW Joint Position Paper on the Conference of High Contracting Parties to the Fourth Geneva Convention (2001).

Three Years of Israeli Violations of International Humanitarian Law in the Occupied Palestinian Territories: The Need for Accountability " Memorandum to the High Contracting Parties to the Fourth Geneva Convention submitted by the Palestinian Centre for Human Rights, (September 2003).

Implementation not Impunity: International Humanitarian Law Still Not Being Applied to the Occupied Palestinian Territory, " Memorandum to the High Contracting Parties One Year After the ICJ Advisory Opinion on the West Bank Annexation Wall"  (2005).

Politicization of International Humanitarian Law (An Analytical, critical Study of the Conference of the High Contracting Parties to the Fourth Geneva Convention) (Dec. 1999)

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