GENEVA, Jan 27: Israel's planned pullout from Gaza will not change its status as occupying power in the territory under a section of the Geneva convention, the U.N. special human rights envoy for the occupied territories said.
South African law professor John Dugard also repeated accusations that Israel probably committed war crimes with its "wanton" destruction of Palestinian homes. In his annual report to the U.N. Commission on Human Rights, Dugard said Israel's planned withdrawal from Gaza did not mean it would cease to be subject to the Geneva pact on the treatment of civilians under military occupation.
This was because Israel would still retain ultimate power over Gaza by controlling its borders as well as access by sea and air. "It will remain an occupying power still subject to obligations under the Fourth Geneva Convention," Dugard said.
Israeli Prime Minister Ariel Sharon has announced a planned pullout from the Gaza Strip and is to meet Palestinian President Mahmoud Abbas next month for talks on the issue, as well as on a U.S.-backed peace "road map".
In Dugard's report posted on the Web site of the Geneva-based forum, the special rapporteur said Israel had carried out "massive and wanton" destruction of property during its military incursions into Gaza during 2004. "The demolition of houses in Rafah, Jabaliya and other parts of Gaza probably qualify as war crimes under the Geneva Convention," Dugard said. -Reuters
