The long-anticipated conference, which Palestinians have pinned hopes on for months to pressure "Israel" into implementing the Fourth Geneva Convention—particularly regarding the treatment of Palestinians under occupation—is now at risk of failure.

Switzerland, the host nation and guardian of the Geneva Conventions, has been accused of sidelining the legal framework of the conference and opting for a politicized approach that attributes responsibility for violations since the start of Operation Al Aqsa Flood to both the Palestinian and Israeli sides.

Al Mayadeen has obtained a draft of the final communiqué, which has been rejected by the Organization of Islamic Cooperation (OIC) and a large number of countries supporting the Palestinian cause from across the world.

Furthermore, Al Mayadeen has learned that the Palestinian Authority has decided to withdraw from the conference, scheduled to take place on Friday in Geneva under the title "For the Implementation of the Fourth Geneva Convention in the Occupied Palestinian Territories." Prior to the conference's commencement, the Palestinian delegation will hold a press conference to announce its official stance.

Switzerland has extended invitations to 193 states to attend the conference. However, sources indicate that the number of participating countries is unlikely to exceed half of those invited, signaling a lack of broad international consensus on the event’s framework and objectives.

Controversial final communiqué

The draft communiqué, circulated by Switzerland among member states, reaffirms previous statements issued in 1999, 2001, and 2014, and centers on the recent war on Gaza. It includes several contentious points, implicitly and falsely accusing Palestinian factions of using civilians as human shields and committing acts of sexual violence, both of which have been investigated and debunked several times.

Additionally, while it explicitly calls for the immediate release of Israeli captives held in Gaza, it does not make an equally clear demand for the release of Palestinian detainees in Israeli occupation prisons.

In response, a coalition of Islamic countries has sent a formal rejection letter to Swiss authorities, a copy of which was obtained by Al Mayadeen. The letter stresses that the conference should focus on enforcing the Fourth Geneva Convention in the occupied Palestinian territories, including East al-Quds, as mandated by international law.

The coalition argues that the draft does not fulfill the objectives outlined in the procedural document and fails to align with the mandate given to the conference.

More about the draft

The High Contracting parties underscore the continued applicability of the Fourth Geneva Convention in the occupied Palestinian territories, including East al-Quds, emphasizing the obligation of all High Contracting Parties to respect and ensure its implementation under all circumstances.

Moreover, the parties reiterate key principles of international humanitarian law, asserting that violations by one party do not absolve the other of its obligations.

The High Contracting parties express deep concern over the humanitarian crisis in the occupied Palestinian territories and condemn ongoing violations of international law while calling on the occupying power to fully comply with the Fourth Geneva Convention.

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Legal violations and war crimes

The parties unequivocally condemn violations of core principles of international humanitarian law, emphasizing that all parties to the conflict must uphold the fundamental tenets of:

• Distinction between civilians and combatants, as well as between civilian and military targets.
• Proportionality in military operations.
• Precautionary measures to safeguard civilian lives and infrastructure.

Moreover, they reaffirm that military installations must not be placed within or near densely populated areas and that civilians must never be used as human shields.

List of prohibited acts under international law

The High Contracting Parties reiterate that several acts constitute clear war crimes under international law. These include:

• Targeting civilians to spread fear and panic
• Indiscriminate and disproportionate attacks
• Unlawful destruction of civilian infrastructure
• The taking of hostages
• Attacks on medical facilities, humanitarian workers, and protected personnel
• Bombing schools, cultural sites, and civilian infrastructure
• The use of starvation as a weapon of war
• Obstructing humanitarian aid and cutting off essential supplies
• Mass displacement and collective punishment of civilians

Urgent calls for captive release & protection of prisoners

The parties reaffirm that "hostage-taking" is unequivocally prohibited under international law and demanded the immediate and unconditional release of all captives. They also condemn arbitrary detention, emphasizing that detainees—including children—must be treated humanely, in line with international legal standards.

'Israel’s' obligations as an occupying power

The High Contracting Parties reiterate the Israeli occupation’s legal obligation to ensure adequate supplies for Palestinians under occupation. When unable—or unwilling—to do so, it must facilitate humanitarian relief operations without obstruction.

The parties further stressed that the obstruction of humanitarian aid and the deliberate targeting of relief workers constitute egregious violations of international law. The role of the UN Relief and Works Agency (UNRWA) and other humanitarian organizations was emphasized as critical in assessing and mitigating the humanitarian catastrophe unfolding in Gaza.

The document extensively outlines key tenets of the law of occupation, including:

1. The occupying power does not acquire sovereignty over the occupied territory.
2. It must preserve the status quo and refrain from implementing permanent changes, particularly in social, economic, and demographic structures.
3. The administration of the occupied territory must prioritize the welfare of the local population while considering the security needs of the occupying power.
4. The occupying power is responsible for maintaining public order and ensuring the well-being of the civilian population under its control.

Read more: 'Israel' disregarded human rights, breached intl. law in Gaza: OHCHR

Calls for accountability and compliance

The document stresses the necessity of investigating all violations of international humanitarian law and holding perpetrators accountable.

It urges all parties to comply with provisional measures ordered by the International Court of Justice (ICJ) regarding the implementation of the Genocide Convention in Gaza. These measures include ensuring the immediate delivery of essential humanitarian aid and services to the besieged Palestinian population.

The document also expresses particular concern over ICJ findings of violations of international law, including the forcible transfer of civilians, illegal land seizures, exploitation of natural resources, and systematic violence against Palestinians.

It also reiterates the illegality of Israeli settlements in the occupied Palestinian territories and calls for legal accountability for all individuals responsible for grave breaches of international law.

Reactions from the Islamic bloc

The OIC and other Islamic states have strongly criticized the draft communiqué for failing to address the gravity of the situation on the ground.

They highlight that the document lacks concrete measures to enforce the Fourth Geneva Convention and contains misinterpretations of international humanitarian law. The group has also condemned the exclusion of key concerns raised in their previous discussions with Swiss officials.

The coalition insists that the conference's preparatory process should be open, inclusive, and transparent, allowing for intergovernmental negotiations on the draft communiqué. It further emphasizes that any final document failing to address the bloc's main concerns will not be accepted.

As the Geneva conference approaches, the deep divisions among participating states and the rejection of the draft communiqué by key stakeholders cast uncertainty over the event’s outcome.

The Palestinian delegation’s withdrawal further underscores concerns that the conference, rather than serving as a platform for enforcing international law, risks being reduced to a politicized exercise devoid of meaningful impact on the ground.