International Law Israeli/Palestinian Conflict Operation Cast Lead

Justus Reid Weiner: International Law and the Fighting in Gaza…….

Justus Reid Weiner is a familiar voice here at the Tundra Tabloids, and being an expert on international law, he knows what he’s talking about and where everyone else -who condemns Israel for one violation or another- gets it all wrong.

Prof.Weiner and Avi Bell have produced a paper that “explores the many international legal issues raised by the Palestinian-Israeli tension along Gaza’s borders.” In other words, this paper is the definitive answer to all the questions one may have concerning international law, and Israel’s legal justification for operations against Palestinian terrorism. The Palestinians are duty bound to observe international law as well, something of which the media and the IC appears willing to overlook. KGS

UPDATE: While reviewing the paper, I came across something that mirrors exactly what the TT stated in the previous post, that being, Qassams, by their very definition “have no significant military purpose other than to sow fear in the civilian public. Their use consititutes a war crime”.
J.R.Weiner:The rockets and projectile weapons being used by the Palestinian attackers are primitive weapons that cannot be aimed at specific targets and must be launched at the center of urban areas. This means that the very use of the weapons under current circumstances violates international law.” (read = war crime)

Introduction:

Palestinian terrorists in Gaza continue to launch rocket and mortar attacks on Israeli civilians and, in response, Israel has re-imposed a number of controls at its border with Gaza.3 At times Israel has responded to the projectile and terrorist attacks emanating from Gaza by reducing the fuel and electricity that it supplies to that region. An upsurge in Palestinian attacks led to more intensified Israeli military action in Gaza which commenced as this study went to press.4

As with every flare-up of the Arab-Israeli conflict, the air is thick with accusations of violations of international law. The halls of the United Nations resound with voices objecting to the alleged illegality of Israel’s behavior, and legal “experts” have taken to the airwaves to raise accusations of wrongdoing.5

For instance, UN Under-Secretary-General for Humanitarian Affairs John Holmes asserted that “the effective Israeli isolation of Gaza…amounts to collective punishment and is contrary to international humanitarian law.”6 Similarly, organizations such as Amnesty International have issued erroneous and misguided criticism, including “condemning” Israel’s imposition of all “blockades” on the Gaza Strip as “collective punishment.”7 Jeremy Hobbs, Director of Oxfam International, called on Israel “immediately [to] lift its inhumane and illegal siege.”8

This briefing paper explores the many international legal issues raised by the Palestinian-Israeli tension along Gaza’s borders.

This briefing paper explores the many international legal issues raised by the Palestinian-Israeli tension along Gaza’s borders. It first examines legal issues raised by Palestinian conduct and then turns to legal issues raised by Israeli conduct. As will be demonstrated, criticisms of Israeli behavior such as mentioned above lack any basis in international law. By contrast, criticisms that ought to be voiced about illegal Palestinian behavior are markedly rare.

[…]

Consequently, each one of the 6,000 attacks by Palestinian terrorists on civilian targets in Israeli towns is a war crime. Both the terror squads carrying out the attacks, as well as their commanders, bear criminal responsibility for these war crimes. Indeed, criminal responsibility for these crimes extends up the chain of command to the most senior officials in the terror groups who have approved these rocket attacks. Under the rules of command responsibility, senior Hamas leaders such as Khaled Mashal, who ordered a continuation of the rocket attacks in response to “Zionist crimes,”20 are among the parties guilty of war crimes.21

The Palestinian attacks, because they are intended to kill or seriously injure civilians in order to intimidate a population, are also terrorist acts within the scope of the International Convention for the Suppression of the Financing of Terrorism.22

So long as the acts are committed by non-nationals of the target state,23 Articles 2(4)-(5) extend liability to all those who:

»» attempt to commit;
»» participate as accomplices;
»» direct or organize terrorist acts; or
»» contribute to acts by terrorist groups with the knowledge of the groups’ intent to commit terror or with the aim of furthering their goals.

Thus, international law considers a large number of Palestinians related to the attacks to be terrorists: the squads of militants actually carrying out the rocket attacks, all those who assist the squads with organization or financing, and all those who finance the terrorists – such as the Palestinian Authority – since they are aware of the intent of the terror squads to carry out terrorist acts. The Palestinian attacks must also be seen as terrorist attacks under a related international convention: the International Convention for the Suppression of Terrorist Bombings. This convention makes it a crime to bomb public places (such as city streets) with the intent to kill civilians. This relates to bombings carried out by persons that are non-nationals of the state of which the victims are nationals.24

Also under this Convention, the Palestinian attackers are considered international terrorists and Israel is required to assume criminal jurisdiction over them. Additionally, other states party to the Convention – such as the U.S., Russia, Turkey and France – must cooperate in helping to combat such Palestinian terrorist acts. More here.

3 Responses

  1. Sad to see Israel dissing the Goldstone report. After all, the man is extremely close and friendly to Israel, and falls within the provisions of the "Law of Return". If they reject what their friends call little problems, how will Israel deal with your enemies pointing out big problems?

    Because Goldstone looks at flattened chicken farms and flour mills, but he skates over the big problem like "was Israel entitled to act in self-defense?" and "was Israel justified in blocking the escape of refugees?"

    But it's more than that – Goldstone failed to ask "did Israel breach the cease-fire?" Because if it was Israel who did soi, then even the self-defense argument falls flat, and other nations would see this as an aggressive war, the worst crime of the lot.

    Meanwhile, the rest of the world will wonder what to think of a report that accords considerable attention to Gilad Shalit (a soldier) but no mention of the thousands (including educators, parliamentarians and medics) held by Israel in a system known to treat them badly.

  2. You certainly must be joking here. How else was Israel to interprit the biased UNHRC's "fact finding" group's intentions, when it was well known to be loaded with a heavily anti-Israel agenda from the very beginning. How do I know that? Well the mandate given to Goldstone group was to look in only one direction only, towards Israel. No state in existence would cooperate with such a "fact finding" group, when the outcome was known already in advance.

    It matters not one bit whether the man is Jewish or not, it's the facts to the case, not the ethnic background that matter here. So I suppose you wouldn't have any trouble with an Arab whose been long on record as being extremely hostile to the Arabs of Gaza, given a UN mandate to solely scrutinize how Hamas fighters behaved during the war? I can safely assume that you wouldn't be in favor of any such thing.

    Israel's friends are those who know what Hamas is, and therefore, wouldn't seek to punish the Jewish state for simply defending its people, after having been bombarded by discriminate missile fire for over the last few years, and especially since they withdrew every Jew from Gaza. You sir, are propagandizing for these thugs, and it won't wash here. The Tundra Tabloids' readers are very well read concering the genocidal Arabs and their terrorist war and what they are fully capable of.

    ALL STATES are entitled to self defense, funny how you think Jews need special permission from people like yourself, while all others need only to point to international law. Lying about "blocking of refugees" will not help your case either, seeing that it was Hamas that cynically kept their people hostage while they fired weapons from within their midst. Warcrimes, every single case. And jusst in case you didn't know, each Kassem fired into Israel was a warcrime as well.

    As for a cease-fire, such a notion is absurd. Israel needs no cease-fires, if Hamas and the rest of the Arabs left their guns by the roadside, and sought a honest peace with Israel, peace would break out the same day. Israel needs no cease-fire, it wants a peace agreement that ends to fighting once and for all. You place a lot of goodwill on the side of the Arabs, willing to believe that indeed a cease-fire even existed up unitl the IDF marched into Gaza, "to end all the mortars, Kassems and missile launchings". And You have the nerve to mention that a cease-fire existed before then?

    Yeah, a real war of aggression, after close to 8000 rockets had been fired into Israel, the government said enough. They then proceeded to distribute millions of leaflets of warning, accompanied by hundreds of thousands of phone calls to homes, at the cost of surprise and risk to their own troops, to ensure the lives of the average citizen. Get real.

    As for Gilad Schalit, the man was abducted by the same people you declare were observing their self imposed ceasefire. Sorry Nick, though you would like to, you can't have it both ways. As for the people Israel has incarcerated, they are not political prisoners, but common theives and criminals guilty of one thing or another. There is no comparison whatsoever between the sides.

    But hey, don't be so glum, the Goldstone Report is exactly what the UN ordained it to be, an anti-Israel hatchet job par excellence´, that only UN supporters like yourself can be proud of. KGS

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