T. Belman. In my opinion the C of A should not have recognized that the Geneva Convention applied.
The Court considered that the Geneva Convention applies to the West Bank BUT. it doesn’t apply.
It only applies when one High Contracting Party (Israel) occupies the land of another High Contracting Party (Jordan)”. The West Bank was never Jordan’s land though it formerly annexed it in 1949. Only two countries recognized the annexation.
It follows that the Geneva Convention does not apply because Israel is not occupying the land of another High Contracting Party.
I believe that this issue was discussed by the High Court of Israel in their fence decision but it was never adjudicated upon. PM Sharon instructed Israel’s lawyers to acknowledge that Israel held the land under “belligerent occupation” and so it did.
By JEAN-PATRICK GRUMBERG 13 JANVIER 2017
In a historical trial carefully « forgotten » by the media, the 3rd Chamber of the Court of Appeal of Versailles declares that Israel is the legal occupant of the West Bank*.
When I first learned that the Court of Appeal of Versailles ruled that West bank settlements and occupation of Judea Samaria by Israel is unequivocally legal under international law, in a suit brought by the Palestinian Authority against Jerusalem’s light rail built by French companies Alstom and Veolia, that received no media coverage, I decided to put to work my years of Law Studies in France, and I meticulously analyzed the Court ruling.
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