Letter from the Istanbul Bar Association to the public and the international legal community regarding events in Palestine
The Istanbul Bar Association has sent a letter to numerous international legal institutions and unions, including the Federation of European Bars (FBE), the International Association of Lawyers (UIA), and the Council of Bars and Law Societies of Europe (CCBE), inviting them to be the 'voice of peace and law' regarding the events in Palestine.
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The text, in which the Istanbul Bar Association calls on political authorities to be reminded of their humanitarian obligations to protect civilians and to ensure action is taken, includes the following statements:
"CONTRARY TO HUMANITARIAN LAW"
"The civilian deaths occurring amidst the armed conflicts that have begun in Palestinian and Israeli territories and the rising cries of war are being followed with concern by the sensitive segments of the world public. Armed conflicts are deliberately targeting civilians and causing civilian deaths without distinguishing between children and women.
Before the eyes of the world, residential areas where civilians live densely and hospitals are being targeted, and people are being removed from their residences or forced to leave. It is being witnessed that the number of civilians forced to live under harsh living conditions is increasing, residential areas are being damaged, and a stage is being reached where even basic humanitarian needs are not being met due to embargoes and blockades.
It is observed that there is a serious threat contrary to humanitarian law regarding the rights of civilians in the region to access their most basic needs such as shelter, access to clean water, nutrition, medicine, and healthcare."
"IT IS CLEAR THAT THE LAW IS NOT BEING APPLIED"
"At this point, it is clear that targeting civilians in conflicts, creating a ground of legitimacy for the killing of civilian targets or subjecting them to harsh living conditions by defining the targeted civilians as 'guilty' before the world public, and designating and targeting hospitals as objectives constitute the crime of genocide, while the policies of states can remain insensitive to this issue and international law is not being applied.
However, humanity cannot normalize such situations."
"IT IS A HUMANITARIAN DUTY"
"In terms of international law, the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 1949, which protects the lives, dignity, and rights of people exposed to armed conflict and has been signed by all states of the world, has been accepted as binding. The Convention regulates the protection of the right to life, physical integrity, and security of civilians during war or armed conflicts, and the fulfillment of their basic humanitarian needs as a primary duty and obligation for all relevant states of the world.
We would like to remind all states that are parties to the conflict or that have made statements of armed support for the conflict that they are bound by the Fourth Geneva Convention. In this respect, it is the obligation of the conflicting or warring states, as well as a humanitarian duty for all groups, to ensure that the rights of civilians to life, nutrition, shelter, medicine, healthcare services, and access to clean water are protected even in situations of conflict or war."
"WE CALL FOR ACTION TO BE TAKEN"
"This obligation and duty is not a rule of today's world, but a rule of humanity that has carried the necessity of application for almost thousands of years.
As the Istanbul Bar Association, we demand that deadly interventions against civilians, especially children and women, be stopped; that children and women, along with the sick and wounded, be evacuated from the region in accordance with the fundamental rules of humanity; and that high-level rhetoric suggesting that civilians will be deprived of basic needs and acts constituting the crime of genocide be brought to an end.
In this context, as representatives of the defense and legal institutions tasked with protecting human rights and the rule of law, it is impossible to remain insensitive to the unlawful and unjust acts taking place.
In order to stop the actions against civilians, we call for letters to be sent to the bars that are members of the Fédération des Barreaux d'Europe, of which we are a founder and member, and for political authorities to be reminded of their humanitarian obligations to protect civilians and to ensure that action is taken."