ADL Factsheet
Fourth Geneva Convention
- The Fourth Geneva Convention on Rules of War was adopted in 1949 by the international
community in response to Nazi atrocities during World War II. The international treaty
governs the treatment of civilians during wartime, including hostages, diplomats, spies,
bystanders and civilians in territory under military occupation. The convention outlaws
torture, collective punishment and the resettlement by an occupying power of its own
civilians on territory under its military control. In the fifty years since its adoption,
the Fourth Geneva Convention has never been used to condemn world atrocities including
those in Bosnia, Rwanda, Kosovo, Tibet, etc.
- Since 1997 the Arab group at the United Nations has been trying to invoke the Fourth
Geneva Convention against Israel, in regard to its settlements in the West Bank and Gaza
Strip, and in particular at Har Homa in Jerusalem. The UN General Assembly has adopted a
number of non-binding resolutions condemning Israeli settlements, and calling for a
convening of the signatory nations of the Fourth Geneva Convention. In February 1999 the
GA adopted a resolution calling for a special UN session to be held on July 15, 1999 in
Geneva to examine "persistent violations" by Israel.
- Israel rejects the interpretation of the 4th Geneva Convention applying it to
Israeli settlements in the West Bank and Gaza Strip, stating that those territories were
captured in 1967 as a result of a defensive war against countries which had illegally
occupied them since 1948.
- Switzerland is the Depository for the 4th Geneva Convention. This means that
the Swiss are technically responsible for organizing and convening a meeting of the
signatory nations. However, the Swiss may only convene the meeting if a majority of the
signatory nations agree to do so.
- ADL has vigorously opposed convening the Fourth Geneva Convention in regard to Israeli
settlements arguing that it could dangerously politicize the international legitimacy and
high standings of the Geneva Conventions. It could open a Pandora’s box across the
globe haphazardly applying the convention to a plethora of nations. Furthermore, it would
give credence to the Palestinian tactic of using the international community to air
grievances regarding the Israeli-Palestinian peace process, and thereby threatens the
peace process itself.
- International efforts led by the United States were successful in scaling down the July
15th special UN meeting in Geneva. The closed-door meeting lasted a mere 45
minutes. However, a resolution was unanimously passed stating that the Fourth Geneva
Convention does apply to Israeli settlements in the "occupied territories."
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