|
There is a broad international consensus that the actions of the nations involved in the Arab-Israeli conflict violate prohibitions contained in international law.〔Falk, Richard (July 20, 2004). ("Support for Wall Mocks International law" ). ''Miami Herald''. -- "What is most remarkable about the International Court of Justice decision () is the strength of the consensus behind it. By a vote of 14-1, the 15 distinguished jurists who make up the highest judicial body on the planet found that the barrier is illegal under international law () The International Court of Justice has very rarely reached this degree of unanimity in big cases. The July 9 decision was even supported by the generally conservative British judge Rosalyn Higgins".〕〔See article section "Occupied" vs. "Disputed" territories: "() international consensus, excepting the U.S. in some cases, is that () annexation of the Golan Heights and East Jerusalem are illegal and not recognized by international law" 〕 However, this legality is disputed by some of the nations involved.〔Klapper, Bradley S. (November 13, 2008) ("Switzerland says Israel breaking international law" ) ''Associated Press''. -- "An Israeli Embassy spokeswoman () said the decision () was sanctioned by law."〕 Both the basis for international law and disagreement over its applicability in the case of the Arab-Israeli conflict is discussed below. The conflict goes back to before the 1948 Arab-Israeli war and the founding of Israel (see History of the Arab-Israeli conflict). As a result of the Six-Day War in 1967, Israel came to occupy large swaths of land invaded and occupied in 1948 by neighboring Egypt, Syria and Jordan. Following the peace treaties between Israel and Egypt and Israel and Jordan, the conflict today largely revolves around Palestinian statehood. The main points of dispute (also known as the "core issues" or "final status issues") are the following: * the legality or otherwise of the Israeli settlements in the Palestinian territories, and their annexation of East Jerusalem and the Israeli West Bank barrier; * how legal borders should be decided between Israel and a Palestinian state; * the legal status of the Palestinian refugees from the 1948 Arab-Israeli war and subsequently. The United Nations General Assembly has voted on a resolution bearing on issues of international law as applied to the conflict every year since 1974.〔(【引用サイトリンク】title=United Nations Bibliographic Information System Search Results: Palestine Question )〕 The most recent vote was held on November 26, 2013. The resolution entitled "Peaceful settlement of the question of Palestine" was adopted by a recorded vote of 165 in favor to 6 against with 6 abstentions.〔(【引用サイトリンク】url=http://unispal.un.org/UNISPAL.NSF/0/CD5CCFBE7DB6A34185257C78004D38D4 )〕 ==Customary international law== Unlike a treaty agreement, customary international law is usually not written. Customs of a longstanding nature can be codified by formal treaties. The Laws and Customs of War on Land (Hague IV) of 18 October 1907〔(The Avalon Project, Laws of War )〕 and the Geneva Conventions of 12 August 1949 are examples of conventional laws that are declarations of customary law.〔(Statute of the International Criminal Tribunal for the former Yugoslavia, Security Council Resolution 827, 25 May 1993 ) The drafters of the Statute had explicitly declined to make it a self-contained criminal code. They instead granted the Tribunal jurisdiction over a set of very broadly defined crimes, the specific content of which was to be found in customary international law. Though the Tribunal recognized that binding conventional law could also provide the basis for its jurisdiction, it has in practice always determined that the treaty provisions in question are also declaratory of custom.〕 To prove that a certain rule is customary one has to show that it is reflected in state practice and that there exists a conviction in the international community that such practice is required as a matter of law. In this context, "practice" relates to official state practice and therefore includes formal statements by states. A contrary practice by some states is possible because if this contrary practice is condemned by the other states, or subsequently denied by the government itself, the original rule is actually confirmed.〔(ICRC Customary international humanitarian law )〕 In accordance with article 13 of the UN Charter, the General Assembly is obligated to initiate studies and to make recommendations that encourage the progressive development of international law and its codification.〔( UN Charter, article 13 )〕 Acting in that agreed-upon treaty capacity, the General Assembly affirmed the principles of international law that were recognized by the (Charter of the Nuremberg Tribunal ) and directed that they should be codified.〔see General Assembly Resolution 95 (I), 11 December 1946, and UN General Assembly Resolution 177.〕 Many of those same principles were subsequently adopted for inclusion in draft treaties that were under development by the International Law Commission of the United Nations. They were also incorporated through the agreement of the High Contracting Parties into the Geneva Conventions of 1949.〔see Nuremberg Principles and (Principles of the Nuremberg Tribunal, 1950 )〕 In 1993 the UN Security Council "acting under Chapter VII of the Charter on the United Nations" established an international tribunal and approved a Statute that had been recommended in a report submitted by the Secretary General. It concluded beyond doubt that the law applicable in armed conflict as embodied in the Geneva Conventions of 12 August 1949 and the Hague Convention (IV) of 18 October 1907 had become part of international customary law, and should be part of the subject matter jurisdiction of the International Criminal Tribunal for the former Yugoslavia. In 1998, the United Nations Diplomatic Conference of Plenipotentiaries approved the Rome Statute of the International Criminal Court. The offenses against unwritten customary international law were amenable to prosecution by international tribunals, like the Nuremberg Tribunal, long before they were codified and incorporated into the subsequent treaties. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「International law and the Arab–Israeli conflict」の詳細全文を読む スポンサード リンク
|