Within the monthly webinars of the Jurists for Palestine Forum, “Law for Palestine” has organized a webinar entitled “The responsibility of the occupation in times of pandemics – the responsibility of the Israeli occupation in Palestine ” which discussed the responsibility of the Israeli occupation in Palestine in the time of the COVID-19 pandemic , based on the rules of international humanitarian law.
The webinar was held on Sunday evening, Dec 13, 2020, in an online discussion via zoom with Prof. Ahmed Al-Fatlawi, who is an international expert in international humanitarian law and professor of international law at the University of Kufa, Iraq. Al-Fatlawi is also a member of the Commission of Experts entrusted with reviewing and amending the Third Geneva Convention Commentary, and the guidelines for military manuals and instructions on the protection of the environment and health in times of armed conflict.
The discussion was led by Ms. Heba B’airat, a member of the Jurists for Palestine Forum, and a US-Palestinian lawyer, who shed the light on the current relevance of the webinar theme, as the whole world is facing a challenge in dealing with the COVID-19 pandemic and controlling its repercussions, the difficulty in providing the necessary health care and follow-up the rapid spread of the disease. This situation led legal professionals to focus on the areas under occupation, as they are the most vulnerable, and prompted the question of the responsibility of the occupying parties towards the inhabitants of the occupied lands in times of pandemics, and the extent of this responsibility.
16 researchers and experts participated along with Dr. Al-Fatlawi while the members of the Jurists for Palestine Forum around the world watched the webinar live for over an hour and a half. Besides, they discussed the responsibility of the occupation in Palestine during COVID-19 Pandemic, including responsibility for quarantine systems, curfews, and preventing the spread of disease in the occupied territories, responsibility for providing hospitals and intensive care units, responsibility towards prisoners and detainees, and finally the extent of the Israeli responsibility for providing the vaccine to the Palestinians in light of the current announcement of the availability of the vaccine.
The occupation has the full responsibility to provide health protection
For his part, Dr. Al-Fatlawi drew attention to some articles in the Hague Convention and the Geneva Conventions and the protocols thereto, especially Article 56 of the Fourth Geneva Convention, which explicitly stated the duty of the occupying power to ensure providing health protection and treatment to the inhabitants of the lands it occupies. Dr. Al-Fatlawi also indicated the need to assist local authorities in managing medical services and providing the necessary preventive measures.
“If it is proven that the occupation authorities neglect their responsibilities towards the Palestinians at the time of the pandemic, this could amount to a war crime”
Moreover, Dr. Al-Fatlawi pointed out that the Palestinian Authority should demand the occupation authorities to provide what they are unable to provide in terms of health supplies and measures to confront the epidemic for the Palestinians, stressing that if it is proven that the occupation authorities neglect their responsibilities towards the Palestinians at the time of the pandemic, this could amount to a war crime or a crime against humanity.
Dr. Al-Fatlawi sat an example that happened in Iraq, where the US administration in the years 2003-2004 issued health regulations preventing anyone infected with any contagious disease from entering Iraq, which indicates that there is a responsibility on the occupation forces to prevent the spread of diseases and epidemics in the occupied territories.
In addition, the attendees discussed with Dr. Al-Fatlawi issues of the legal balance between the responsibility of the occupation authorities and the Palestinian authorities, and the position of international law regarding the issue of imposing conditions by the occupation forces to provide health services and vaccines, and what could constitute a war crime in the context of the occupation’s responsibility towards the inhabitants of the occupied territories in a time of pandemics, in addition to the practical approaches that the Palestinians can take to force the occupation to assume its responsibilities towards them in light of the pandemic.
It is noteworthy that this webinar comes within the activities of the Jurists for Palestine Forum, affiliated to the Law Organization for Palestine, which includes holding a monthly seminar via the Internet and hosting international experts to discuss topics and developments related to international law and Palestine with researchers, students, and interested people from different countries of the world, in addition to the effective networking between jurists interested in Palestine from all over the world.
* To attend the next monthly meetings within the Jurists for Palestine Forum, you can register now in the Forum via the following link (here)
