Position Paper

Asia Youth International Model United Nation

3rd – 6th November 2018 , Bangkok, Thailand

Name : Bani Reka Zenura Damema Purba

Committee : Legal Committee

Country : Israel

Topic : Preventing The Humanitarian Violation Towards Prisoners Of War According

To International Law

In the 19th century international law did not concern itself with protecting the
gamut of plotical, civil, economic, social, and group interests and rights which are
important in the 20th century. Individuals were protected in a limited number of cases
such as piracy, slavery, treatment of sick and wounded soldiers, and prisoners of war.
The dominance of the concept of sovereignty precluded any state or institution from
using international law to intervene in the domesticaffairs and jurisiction of a State. It is
clear that classical international law has relatively little to offer on this regard States
may. Indeed, it can be provided that an international tribunal will resolve any dispute
about the application of such treaties. This was essentially the system adopted by the
Inter-War Minority treaties, and useful protections were undoubtedly provided.

The special body of international law characterized as human-rights law is

strikingly different from the rest of international law, in that it stipulates that
obligations are owed directly to individuals (and not to the national goverment of an
individual); and it provides, increasingly, for individuals to have access to tribunals and
fot the effective guarantee of those obligations. The rules protecting prisoners of war
(POWs) are spesific and were first detailed in the 1929 Geneva Convention. They were
refined in the third 1949 Geneva Convention, following the lessons of World War II, as
well as in Additional Protocol I of 1977.

Israel, ever voted against Article 44 of Additional Protocol I because paragraph 3

“could be interpreted as allowing the combatant not to distinguish himself from the
civilian population, which would expose the latter to serious risks and was contrary to
the spirit and to a fundamental principle of humanitarian law.”1 Israel is a nation who
keep the peace because Peace is a central value of Israeli society, because :
The Bible says : “Seek peace and pursue it.”

1
Israel Statement at the Diplomatic Conference leading to the adoption of the Additional Protocols
 Position Paper

Asia Youth International Model United Nation

3rd – 6th November 2018 , Bangkok, Thailand

Israel’s Declaration of Independence states. Israel extend hand to all neighbouring

states and their peoples in an offer of peace and good neighborliness, and appeal to
them to establish bonds of cooperation and mutual help. According to this case Israel
have one case in 1948-1949 in the first exchanges of prisoners between Isreael and
Egypt, Syria, Jordan, and Lebanon took place in the War of Independence. Israel and
Syria carried out a POW exchange by the Syrians since the end of the War of
Independence in 1949 were returned in exchange for 18 Syrians. The Israelis held in
Syrian jails suffered from intense physical abuse. Above all, Israel is one of country who
carried about Prisoners of War. If the prisoners of war respect Israel sovereignty.

Israel also ratified Protocol I, is a 1977 amandment protocol to the Geneva

Conventions relating to the protection of victims of international conflicts2. It showed
that Israel have a initiative to respect international law about human rights especially
Prisoners of War. But the application of Protocol I Geneva Convention is ineffective and
our world needs legal reform so that country who not respect the Protocol I Geneva
Convention can be punished and human rights especially Prisoners of War are
increasingly upheld. Israel offer solutions :

 Legal reform
- Renew existing laws and increase our legal strenght
- Action from International Court against countries that denied or violate
 Conference
- Do contemporary United Nations conference to discuss this case
 Mediation
- North Korea and South Korea also America needs to conduct mediation to
discuss problems and find solutions to these problems, assited by a third
party (country who appointed by the United Nations)

2
International Law cases and materials with Australian Perspectives, Donald R.Roothwell