Thursday, 8 October 2009
Tuesday, 3 February 2009
Saturday, 31 January 2009
Friday, 23 January 2009
EDITORIAL: Does Israel fear its friends more than its enemies?
http://warincontext.org/2009/01/22/editorial-does-israel-fear-its-friends-more-than-its-enemies/
This article is about George Mitchell, Obama's pick for Middle East envoy:
This article is about George Mitchell, Obama's pick for Middle East envoy:
The peace process has become a facade. Behind this facade, inside Israel, there has arisen a hardening conviction that peace is not possible. Mitchell poses a direct challenge to that conviction because he comes in with the opposite view:
…from my experience in Northern Ireland I formed the conviction that there is no such thing as a conflict that can’t be ended. Conflicts are created and conducted by human beings. They can be ended by human beings. I saw it happen in Northern Ireland although admittedly it took a very long time. I believe deeply that with committed, persevering and active diplomacy it can happen in the Middle East.
The real question that confronts Israel is not, what can advance the peace process? The question is much starker: does Israel still believe in the possibility of peace or has it become resigned to existing in a perpetual state of war?
Yet to pose this question is to expose the fragility of the security bubble inside which Israel currently chooses to reside. For as much as Israel likes to assume the posture of an indomitable military power, the simple truth is that Israel’s military might is utterly dependent on America’s patronage — hence the threat posed by America as honest broker, as opposed to loyal defender. As honest broker, America cannot perpetually provide Israel with the option of choosing war instead of peace.
Thursday, 22 January 2009
Self-defence is no defence
As more testimony emerges from the ruins of Gaza, evidence is stacking up that Israel has a war crimes case to answer
By: Michael Paulin
Under Article 51 of the UN Charter, a state can take military action without the prior authorisation of the Security Council if it is acting in self-defence. Yet, as CNN has reported, it was Israel – and not Hamas fighters – that broke the ceasefire. On the November 4 2008, Israel shelled the villages of Wadi al-Salqa and al-Qarara, killing six Hamas activists.
It is true that Israel has suffered from Hamas rocket attacks. Insofar as these attacks indiscriminately target civilian areas, Hamas would be guilty of war crimes under the Geneva Conventions of 1949. Yet, in the past eight years, Palestinian rockets fired from Gaza have killed around 20 people in southern Israel. Israel's response is neither necessary nor proportionate.
At the time of writing, after 23 days of bombardment, more than 1,300 Palestinians have been killed by Israel, including 410 children and 104 women, while 5,300 are seriously injured, of whom 1,855 are children and 795 women. Israel has shelled three clearly marked UN schools, the existence and GPS coordinates of which Israel had been repeatedly notified. Israel has shelled the headquarters of UNRWA, the UN's relief agency (which is responsible with providing aid to 750,000 Palestinians), and it has shelled and bombed hospitals, ambulances, and medical personnel. In typical Israeli fashion, it has bulldozed homes without warning in an attempt to bury the inhabitants alive. Recent UN human rights reports expose that the Israeli army has deliberately used white phosphorus on civilians, which is prohibited "in all circumstances" under Protocol III of the Convention on Conventional Weapons, and evidence has emerged that Israeli snipers have deliberately targeted civilians.
On January 4, Israeli soldiers evacuated approximately 110 Palestinians into a single-residence house in Zeitoun and warned them to stay indoors. Half of the evacuees were children. Twenty-four hours later, Israeli forces shelled the home repeatedly, killing 30 of the inhabitants, although more bodies are likely to be recovered from the ruins.
After several days of requesting safe passage to the area, on January 7, during a three-hour lull in hostilities, an ICRC medical team was finally allowed in on foot (without ambulances) into the closed military area to evacuate any remaining survivors. According to testimonies gathered by the UN, Palestinian children were left unable to walk or speak, in shock and weeping by the bodies of their dead mothers. When the IDF finally let through the International Committee of the Red Cross, the children were led from the building past dogs eating the corpses of the victims.
Navi Pillay, the UN high commissioner for human rights and a former international criminal court judge from South Africa, has stated that the incident in Zeitoun "appears to have all the elements of war crimes". Israel has not ratified the 1998 Rome Statute, so its leaders cannot be brought before the International Criminal Court in the Hague, unless the UN security council itself refers Israel's actions to the ICC. The US abstained from the recent UN security council resolution calling for a ceasefire, and it would almost certainly wield its powers as a permanent member of the security council to veto any attempt to refer Israeli leaders to the ICC.
In UK law, the Geneva Conventions Act 1957 and the Geneva Conventions (Amendment) Act 1995 attempt to afford the domestic courts universal jurisdiction for "grave breaches" of humanitarian law. This includes wilful killing, torture or inhuman treatment, wilfully causing great suffering or serious injury to body or health, extensive destruction and appropriation of property, which was not justified by military necessity and was carried out unlawfully and wantonly. Attacks on the wounded, the sick, or against medical units and personnel also constitute grave breaches, as does making the civilian population the object of attack practices of apartheid and other inhuman and degrading practices involving outrages upon personal dignity, based on racial discrimination.
On September 10 2005, the chief London magistrate Timothy Workman issued a warrant for the arrest of the retired Israeli Major General Doron Almog, in relation to the wanton destruction of 59 houses in Rafah refugee camp on January 10 2002. After Almog had landed at Heathrow, he was tipped off and he flew back to Israel. Perversely, the attempt to bring Almog to justice for war crimes caused the then foreign secretary, Jack Straw, to apologise to his Israeli counterpart for the attempted arrest. As Arthur Neslen has observed, it would seem that war crimes are fine, so long as someone says sorry afterwards.
Palestinians are living under occupation, and are therefore "protected persons" under the Fourth Geneva Convention of 1949. Protected persons may not be punished for crimes that they themselves have not committed, and their collective punishment constitutes a war crime.
Israel's attempt to claim self-defence as a justification for the separation wall, which annexes swathes of Palestinian land, has already been rejected by the International Court of Justice. On July 9 2004, the International Court of Justice provided its advisory opinion that the construction of the wall is contrary to international law and that Israel was obliged to dismantle the wall forthwith. The court rejected Israel's defence that the separation wall is justified under the doctrine of self-defence under Article 51 of the UN Charter.
When the Middle East envoy for the Quartet, former UK prime minister Tony Blair, was interviewed by Gavin Esler on BBC Newsnight on January 9, he opined that a ceasefire had not been possible because: "I think that there are still real issues about what can be done to stop the smuggling of the arms going into Gaza and then the opening of the crossings so that there can be proper humanitarian help." Blair effectively makes the Palestinians' right to humanitarian aid dependent upon whether their democratically elected leadership can be prevented from bringing arms into Gaza.
Yet, as Article 55 of the Fourth Geneva Convention states: "To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate." It would appear that Blair regards international law as either irrelevant or a hindrance.
Despite the Israeli supreme court's recent ruling in favour of the petitioner, the Foreign Press Association, that foreign journalists must be allowed into Gaza, the Israeli state prevented proper access throughout its attack. As the FPA's lawyer, Gilead Sher, observed: "There are several countries in this world, such as North Korea, Zimbabwe and Burma, that ban press coverage in conflict zones." Israel must ask itself whether this is really the company it wants to keep.
By: Michael Paulin
Under Article 51 of the UN Charter, a state can take military action without the prior authorisation of the Security Council if it is acting in self-defence. Yet, as CNN has reported, it was Israel – and not Hamas fighters – that broke the ceasefire. On the November 4 2008, Israel shelled the villages of Wadi al-Salqa and al-Qarara, killing six Hamas activists.
It is true that Israel has suffered from Hamas rocket attacks. Insofar as these attacks indiscriminately target civilian areas, Hamas would be guilty of war crimes under the Geneva Conventions of 1949. Yet, in the past eight years, Palestinian rockets fired from Gaza have killed around 20 people in southern Israel. Israel's response is neither necessary nor proportionate.
At the time of writing, after 23 days of bombardment, more than 1,300 Palestinians have been killed by Israel, including 410 children and 104 women, while 5,300 are seriously injured, of whom 1,855 are children and 795 women. Israel has shelled three clearly marked UN schools, the existence and GPS coordinates of which Israel had been repeatedly notified. Israel has shelled the headquarters of UNRWA, the UN's relief agency (which is responsible with providing aid to 750,000 Palestinians), and it has shelled and bombed hospitals, ambulances, and medical personnel. In typical Israeli fashion, it has bulldozed homes without warning in an attempt to bury the inhabitants alive. Recent UN human rights reports expose that the Israeli army has deliberately used white phosphorus on civilians, which is prohibited "in all circumstances" under Protocol III of the Convention on Conventional Weapons, and evidence has emerged that Israeli snipers have deliberately targeted civilians.
On January 4, Israeli soldiers evacuated approximately 110 Palestinians into a single-residence house in Zeitoun and warned them to stay indoors. Half of the evacuees were children. Twenty-four hours later, Israeli forces shelled the home repeatedly, killing 30 of the inhabitants, although more bodies are likely to be recovered from the ruins.
After several days of requesting safe passage to the area, on January 7, during a three-hour lull in hostilities, an ICRC medical team was finally allowed in on foot (without ambulances) into the closed military area to evacuate any remaining survivors. According to testimonies gathered by the UN, Palestinian children were left unable to walk or speak, in shock and weeping by the bodies of their dead mothers. When the IDF finally let through the International Committee of the Red Cross, the children were led from the building past dogs eating the corpses of the victims.
Navi Pillay, the UN high commissioner for human rights and a former international criminal court judge from South Africa, has stated that the incident in Zeitoun "appears to have all the elements of war crimes". Israel has not ratified the 1998 Rome Statute, so its leaders cannot be brought before the International Criminal Court in the Hague, unless the UN security council itself refers Israel's actions to the ICC. The US abstained from the recent UN security council resolution calling for a ceasefire, and it would almost certainly wield its powers as a permanent member of the security council to veto any attempt to refer Israeli leaders to the ICC.
In UK law, the Geneva Conventions Act 1957 and the Geneva Conventions (Amendment) Act 1995 attempt to afford the domestic courts universal jurisdiction for "grave breaches" of humanitarian law. This includes wilful killing, torture or inhuman treatment, wilfully causing great suffering or serious injury to body or health, extensive destruction and appropriation of property, which was not justified by military necessity and was carried out unlawfully and wantonly. Attacks on the wounded, the sick, or against medical units and personnel also constitute grave breaches, as does making the civilian population the object of attack practices of apartheid and other inhuman and degrading practices involving outrages upon personal dignity, based on racial discrimination.
On September 10 2005, the chief London magistrate Timothy Workman issued a warrant for the arrest of the retired Israeli Major General Doron Almog, in relation to the wanton destruction of 59 houses in Rafah refugee camp on January 10 2002. After Almog had landed at Heathrow, he was tipped off and he flew back to Israel. Perversely, the attempt to bring Almog to justice for war crimes caused the then foreign secretary, Jack Straw, to apologise to his Israeli counterpart for the attempted arrest. As Arthur Neslen has observed, it would seem that war crimes are fine, so long as someone says sorry afterwards.
Palestinians are living under occupation, and are therefore "protected persons" under the Fourth Geneva Convention of 1949. Protected persons may not be punished for crimes that they themselves have not committed, and their collective punishment constitutes a war crime.
Israel's attempt to claim self-defence as a justification for the separation wall, which annexes swathes of Palestinian land, has already been rejected by the International Court of Justice. On July 9 2004, the International Court of Justice provided its advisory opinion that the construction of the wall is contrary to international law and that Israel was obliged to dismantle the wall forthwith. The court rejected Israel's defence that the separation wall is justified under the doctrine of self-defence under Article 51 of the UN Charter.
When the Middle East envoy for the Quartet, former UK prime minister Tony Blair, was interviewed by Gavin Esler on BBC Newsnight on January 9, he opined that a ceasefire had not been possible because: "I think that there are still real issues about what can be done to stop the smuggling of the arms going into Gaza and then the opening of the crossings so that there can be proper humanitarian help." Blair effectively makes the Palestinians' right to humanitarian aid dependent upon whether their democratically elected leadership can be prevented from bringing arms into Gaza.
Yet, as Article 55 of the Fourth Geneva Convention states: "To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate." It would appear that Blair regards international law as either irrelevant or a hindrance.
Despite the Israeli supreme court's recent ruling in favour of the petitioner, the Foreign Press Association, that foreign journalists must be allowed into Gaza, the Israeli state prevented proper access throughout its attack. As the FPA's lawyer, Gilead Sher, observed: "There are several countries in this world, such as North Korea, Zimbabwe and Burma, that ban press coverage in conflict zones." Israel must ask itself whether this is really the company it wants to keep.
Wednesday, 21 January 2009
Anti-Islam Hate Speech to be prosecuted in Netherlands
Via Reuters:
Good news. We should not tolerate hate speech - against Jews, Muslims, Christians, Hindus, or non-religious people.
Freedom of speech is one thing. And a valuable thing.
But defamation and slander should be exposed for what it is. Especially when it purposefully inflames tensions between people.
Let's expect better from our politicians, and discourage them to spread misinformation.
See article.
Right-wing Dutch MP Geert Wilders, who has made a short film accusing the Koran of inciting violence, must be prosecuted for anti-Islam comments, an Amsterdam court said.
The court overruled the public prosecutor who had declined to prosecute Mr Wilders, whose film Fitna urged Muslims to tear out hate-filled verses from the Koran.
"The Amsterdam appeals court has ordered the prosecution of member of parliament Geert Wilders for inciting hatred and discrimination, based on comments by him in various media on Muslims and their beliefs," the court said in a statement.
Good news. We should not tolerate hate speech - against Jews, Muslims, Christians, Hindus, or non-religious people.
Freedom of speech is one thing. And a valuable thing.
But defamation and slander should be exposed for what it is. Especially when it purposefully inflames tensions between people.
Let's expect better from our politicians, and discourage them to spread misinformation.
See article.
Tuesday, 20 January 2009
Stephen M. Walt: The myth of Israel's strategic genius
Stephen M. Walt, Professor of International Relations at Harvard University, pens an interesting article regarding the view of the Israeli army and its successes and defeats through the years.
Excerpt:
"The moral of this story is that there is no reason to think that Israel always has well-conceived strategies for dealing with the problems that it faces. In fact, Israel's strategic judgment seems to have declined steadily since the 1970s -- beginning with the 1982 invasion of Lebanon -- perhaps because unconditional U.S. support has helped insulate Israel from some of the costs of its actions and made it easier for Israel to indulge strategic illusions and ideological pipe-dreams. Given this reality, there is no reason for Israel's friends -- both Jewish and gentile -- to remain silent when it decides to pursue a foolish policy. And given that our "special relationship" with Israel means that the United States is invariably associated with Jerusalem's actions, Americans should not hesitate to raise their voices to criticize Israel when it is acting in ways that are not in the U.S. national interest.
"Those who refuse to criticize Israel even when it acts foolishly surely think they are helping the Jewish state. They are wrong. In fact, they are false friends, because their silence, or worse, their cheerleading, merely encourages Israel to continue potentially disastrous courses of action. Israel could use some honest advice these days, and it would make eminently good sense if its closest ally were able to provide it. Ideally, this advice would come from the president, the secretary of state, and prominent members of Congress -- speaking as openly as some politicians in other democracies do. But that's unlikely to happen, because Israel's supporters make it almost impossible for Washington to do anything but reflexively back Israel's actions, whether they make sense or not. And they often do not these days."
Read more: http://walt.foreignpolicy.com/posts/2009/01/17/the_myth_of_israels_strategic_genius
Walt, in his article, links a few other websites:
(1) The blog "Tikun Alum", blog post entitled "Join American Jews in Condemning Gaza War"
In this post the author is collecting signature for a statement, which ends in saying:
(2) An article by Glenn Greenwald published on Salon.com entitled "Both parties cheerlead still more loudly for Israel's war"
Glenn notes how:
(3) a very interesting youtube video of an orthodox Jew British MP who said that Israel is acting like Nazis in Gaza
Please review these materials.
Excerpt:
"The moral of this story is that there is no reason to think that Israel always has well-conceived strategies for dealing with the problems that it faces. In fact, Israel's strategic judgment seems to have declined steadily since the 1970s -- beginning with the 1982 invasion of Lebanon -- perhaps because unconditional U.S. support has helped insulate Israel from some of the costs of its actions and made it easier for Israel to indulge strategic illusions and ideological pipe-dreams. Given this reality, there is no reason for Israel's friends -- both Jewish and gentile -- to remain silent when it decides to pursue a foolish policy. And given that our "special relationship" with Israel means that the United States is invariably associated with Jerusalem's actions, Americans should not hesitate to raise their voices to criticize Israel when it is acting in ways that are not in the U.S. national interest.
"Those who refuse to criticize Israel even when it acts foolishly surely think they are helping the Jewish state. They are wrong. In fact, they are false friends, because their silence, or worse, their cheerleading, merely encourages Israel to continue potentially disastrous courses of action. Israel could use some honest advice these days, and it would make eminently good sense if its closest ally were able to provide it. Ideally, this advice would come from the president, the secretary of state, and prominent members of Congress -- speaking as openly as some politicians in other democracies do. But that's unlikely to happen, because Israel's supporters make it almost impossible for Washington to do anything but reflexively back Israel's actions, whether they make sense or not. And they often do not these days."
Read more: http://walt.foreignpolicy.com/posts/2009/01/17/the_myth_of_israels_strategic_genius
Walt, in his article, links a few other websites:
(1) The blog "Tikun Alum", blog post entitled "Join American Jews in Condemning Gaza War"
In this post the author is collecting signature for a statement, which ends in saying:
Finally, as American Jewish progressives, and as human beings, we condemn Hamas and Israel for violating the human rights of civilians on both sides, although we do not necessarily declare these violations to be morally or legally equivalent. We affirm the rights of both Israeli and the Palestinian peoples to self-determination and self-defense, as we affirm the rights of both Israelis and Palestinians to life, liberty, and the pursuit of happiness.
(2) An article by Glenn Greenwald published on Salon.com entitled "Both parties cheerlead still more loudly for Israel's war"
Glenn notes how:
[...] much of the world is urging an end to the war and acting to forge a cease-fire -- except the United States. Here, blind and unequivocal support for the Israeli attack is actually increasing almost as fast as the Palestinian body count piles up. Apparently, it isn't enough that we supply the very bombs being dropped on the Palestinians and use our U.N. veto power to prevent any U.N. action to stop the war or even to urge its cessation. The U.S. Congress wants to involve the U.S. further still in Israel's war.
(3) a very interesting youtube video of an orthodox Jew British MP who said that Israel is acting like Nazis in Gaza
Please review these materials.
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