Practice Relating to Rule 105. Respect for Family Life
In its judgment in the Beit Sourik Village Council case in 2004, Israel’s High Court of Justice stated:
The approach of this Court is well anchored in the humanitarian law of public international law. This is set forth in Regulation 46 of the Hague Regulations and Article 46 of the Fourth Geneva Convention. Regulation 46 of the Hague Regulations provides:
Family honour and rights, the lives of persons, and private property, as well as religious convictions and practice, must be respected. Private property cannot be confiscated.
Article 27 of the Fourth Geneva Convention provides:
Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof … However, the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war.
These rules are founded upon a recognition of the value of man and the sanctity of his life. See Physicians for Human Rights, at para. 11. Interpreting Article 27 of the Fourth Geneva Convention, Pictet writes:
Article 27 … occupies a key position among the articles of the Convention. It is the basis of the Convention, proclaiming as it does the principles on which the whole “Geneva Law” is founded. It proclaims the principle of respect for the human person and the inviolable character of the basic rights of individual men and women … the right of respect for the person must be understood in its widest sense: it covers all the rights of the individual, that is, the rights and qualities which are inseparable from the human being by the very fact of his existence and his mental and physical powers, it includes, in particular, the right to physical, moral and intellectual integrity – one essential attribute of the human person.