The kidnapping of three Israeli teens places the Palestinian Authority in direct violation of...international treaties it recently signed, Israeli legal expert and former Ambassador Alan Baker points out.
The international treaties include the 1989 UN Convention on the Rights of the Child, the Optional Protocol on the Rights of the Child on the Involvement of Children in Armed Conflict, and the four 1949 Geneva conventions and the first Additional Protocol (1977).
These violations, Baker says, raise several questions and responsibilities for the "UN Secretary General, the Swiss government, and the 194 states parties to the Convention on the Rights of the Child and the Geneva conventions, as well as Abbas and his colleagues in the Palestinian leadership":
Obvious, egregious violations include:
- Article 34 of the Fourth Geneva convention (1949) according to which "The taking of hostages is prohibited."
- Article 11 of the Convention on the Rights of the Child (CRC) to prevent illicit transfer and non-return of children abroad.
- Article 19 of the CRC which obliges parties to protect children from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation.
- Article 35 of the CRC to take all appropriate measures to prevent abduction, sale or trafficking in children.
- Article 36 of the CRC to protect children against all forms of exploitation prejudicial to their welfare.
- Article 37 of the CRC prohibiting torture or other cruel, inhuman or degrading treatment or punishment of children, unlawful or arbitrary deprivation of their liberty and imprisonment, requiring humane treatment and respect for their dignity and needs.