The Independent Commission for Human Rights “In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.” This is followed up and expanded on in Article (6), which affirms: “The present Convention shall apply from the outset of any conflict or occupation mentioned in Article 2. In the territory of Parties to the conflict, the application of the present Convention shall cease on the general close of military operations. In the case of occupied territory, the application of the present Convention shall cease one year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by the provisions of the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.” International law jurisprudents view that the state maintains its international legal status even if it loses control over its region under special conditions and as long as there is a sign that it will retrieve this control once the conditions that destabilized that control over its territory disappears. Belgium, for example, moved its government to France during World War I51. In a similar way, international humanitarian law applied to occupied territories and the occupying power must be bound to its legal responsibility growing out from that. More importantly, it must be legally pursued for grave violations of compliance with international humanitarian law; in fact, it is feasible to try the occupying power for those of its practices during occupation which violated or violate international law. Palestine’s accession to the Geneva Conventions places a responsibility on the other parties to the convention. Article (146) of Geneva Convention IV provides for this, stating: “The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case. Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article. In all circumstances, the 51 www.univ-chlef.dz/uhbc/seminaires_2010/.../moussahacen2010.pdf 28