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Merkel and the Palestinian Refugee Girl: Why Everyone Missed the Point July 20, 2015

Posted by rogerhollander in Europe, Germany, Immigration, Israel, Gaza & Middle East, Palestine, Refugees.
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Roger’s note: German Chancellor Angela Merkel takes time out from screwing Greek youth, workers, and pensioners to  destroy the dreams of a little girl. 

palestine_merkel_refugees_460

On Tuesday, July 14, German Chancellor Angela Merkel appeared on a television program called “Good Life in Germany” in which she spoke to local teenagers. Among the audience was 13-year old Reem, a Palestinian refugee who fled their camp in Lebanon four years ago.

In a shaky voice of fluent German, young Reem said, “I have goals like everyone else…I want to go to university.” But, she explained, she and her family are facing deportation. “It’s very unpleasant to see how others can enjoy life, and I can’t myself,” she said, “I want to study like them.”

Chancellor Merkel responded with the standard western fear of immigrants. She said if Germany allows her to stay, there would be thousands of Palestinian refugees, then thousands from “Africa” [that singular large country] who will flood into Germany. “We can’t cope with that,” she said. Young Reem crumbled into sobs and the footage of her interaction with Chancellor Merkel went viral.

Headlines and political analyses across Europe and the US spoke of Merkel’s dry response to a brave young girl, desperate for an education, for a stable life, for something other than lingering fear and uncertainty to frame her life. I read at least 15 opinion pieces on the subject and most of them couched this incident in the much discussed “immigration crisis” across Western Europe. Leftist pundits decried the chancellor as heartless, insisting on Europe’s humanitarian responsibility toward the wretched of the earth. Right leaning pundits reflected Merkel’s sentiments that Europe has enough to worry about and should not be expected to shoulder the world’s problems. Others were simply pragmatic, echoing the words of Eva Lohse, president of the German association of Cities, who cautioned, “we’re reaching the limits of our capacity.”

All these analyses missed the most important point.

Not one of them touched on the fact that Reem is a refugee directly and indirectly because of German actions. Reem, and “thousands upon thousands of Palestinian refugees,” as Merkel put it, are stateless precisely because Germany, along with other western nations, continue to support zionist colonialism that expelled, and continues to expel, native Palestinians from their ancestral homeland.

Reem would not need German “charity” were Germany to insist that the massive military and financial aid it gives to Israel were contingent upon Israel’s adherence to basic tenets of morality and international law that explicitly provide for Reem’s right to live in her native homeland. Reem might not be lost in the world were Germany to make the many lucrative European economic and trade incentives with Israel subject to the dismantling of zionist Apartheid that deems Reem a lesser human, unworthy of her own heritage, home and history.

More than the enormous material support is the favor that Germany provides for Israel to continue its entrenchment of the structural and institutional racism that offers state privilege and entitlement to citizens in accordance with their religion. It because of the political cover that Germany offers Israel to destroy Palestinian life, society and culture with impunity that Reem remains a refugee. Last summer, for example, after Israel slaughtered Palestinians in Gaza from land, air, and sea, the UN Human Rights Council urged the UN to “urgently dispatch an independent, international commission of inquiry to investigate all violations [of international law] in the Occupied Palestinian Territory, including East Jerusalem, particularly in the occupied Gaza Strip, in the context of the military operations conducted since 13 June 2014.” Despite the horrors that Palestinians endured in the course of 51 days, Germany could not muster the most minimal affirmation of Palestinian humanity to vote in favor of such an inquiry.

Watching the footage, those of us with a sense of history seethe at such a spectacle of western paternalism. Merkel’s response to Reem was a perfect display of the breathtaking willful denial of western governments, which are, indeed, creators of refugees. The truth is that our part of the world lay in ruin, fear, and devastation largely because of imperialist western “operations” in pursuit of a hegemony that holds our lives in contempt, utter disregard and disrespect. From Iraq to Palestine to Libya, Germany has played a terrible and pivotal role in the evisceration of us. Together with her western allies, they have made beggars of our mothers, doctors and teachers, and produced generations of traumatized, illiterates into what were once high functioning populations. They destroyed our societies down to their foundations, vanquishing the social mechanisms that marginalize extreme elements, such that into the chaos and gaping misery of our lives now runs amuck a powerful organization of ghoulish fanatics.

So, to the leftist, the right wing, and the pragmatic pundits, I say spare us, please, the self-serving blather about whether you should or should not “help” others. It would be enough to cease the harm caused and perpetuated by the west. At a minimum, try to inject a kernel of honest self-reproach into your discourse on immigration. Examine your role in creating the crises around the world that bring desperate human beings to your shores. Ask why is Reem a refugee, perhaps third or fourth generation, and what is Germany’s role in the boundless tragedy that continues to befall Palestine.

Susan Abulhawa is a bestselling novelist and essayist. Her new novel, The Blue Between Sky and Water, was released this year and simultaneously published in multiple languages, including German.

The Undisputed Truth About Israeli Occupation July 7, 2014

Posted by rogerhollander in Israel, Gaza & Middle East.
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Roger’s note: perhaps the painting says it all.  

All too often the ‘honest brokers’ mediating negotiations agree with our occupiers that the destructive spread of settlements is not on occupied land.

(Image: Banksy)

Imagine for a moment a man who picks someone’s safe and loots a hoard of money. The victim, tracking the man down, demands the money back. But the fellow refuses to recognize the cash as someone else’s property; it is “disputed.” The wronged party finally brings in a mediator, but, adopting the man’s logic about the money being “disputed” and not stolen, the mediator tells the victim to work out his disagreement directly with the man. And so the lucky man continues spending, the mediator continues mediating, and the victim remains a victim, poorer by the day.

I often think of this analogy when, sitting in my home up on Mount Gerizim above Nablus, I stare out a window at the rapidly expanding colony of Har Bracha.

Since 1967, the Palestinians have lost control of their land, hilltop by hilltop, field by field, and none of the mediators sent our way has managed to stop or even to slow the ever-quickening pace of dispossession. Often the mediator has provided diplomatic cover for this.

This is all the more disturbing because the basic contours of a two-state solution have been well known and accepted by the Palestinian leadership for over 30 years. In 1981, the Palestine Liberation Organization was, like most other national liberation movements, seeking the total defeat of the enemy. Article 1 of the PLO Charter, drafted in 1964 by nationalist delegates at the Intercontinental Hotel on Jerusalem’s Mount of Olives, spelled it out: “Palestine is an Arab homeland bound by strong Arab national ties to the rest of the Arab countries and which together form the great Arab homeland.” By “Palestine,” of course, the delegates meant the entire territory between the Jordan River and the Mediterranean.

I was one of the delegates that day. Because I assumed that was the way the conflict should end, I was surprised when I got a phone call in my London office in 1981. Saudi Crown Prince Fahd was on the line. “Yes, your Royal Highness.” The prince sounded like he was on a treadmill, he was so out of breath. Once he calmed down he told me he had a “plan” to bring peace to the Holy Land. He had already discussed the plan with Yasser Arafat.

What I heard that afternoon was unfathomable: The Saudis were willing to offer the Israelis peace with the Arabs once they cleared out of the occupied territories, dismantled the settlements, solved the refugee issue, and agreed to the establishment of an independent Palestinian state. And then “all states in the region should be able to live in peace.”

Even more surprising to me was Arafat’s reaction: He accepted what came to be known as the Fez Initiative. Arafat made it even clearer in 1988 that he was willing to accept the West Bank and the Gaza Strip, 22 percent of historic Palestine, as our future Palestinian state. Needless to say, this was a painful decision for him to take.

This was the logic behind his embrace of the Oslo Accords in 1993, and the reason he signed off on the Arab Peace Initiative in 2002, which, like the Fez Initiative, offers Israel full recognition and normal relations with the Arabs in the context of comprehensive peace. Today, Palestinian Authority President Mahmoud Abbas mentions the API on a daily basis.

The Israeli government never responded to either the Fez Initiative or the API. In 2013, Israelis built more settlements than ever before, and this spring the peace talks launched and guided by U.S. Secretary of State John Kerry foundered because of the relentless drive to build more and more homes in Palestine.

How is it possible that while my friend and hero Yasser Arafat, and indeed much of the Arab and Muslim world, long ago accepted the basic framework of a two-state solution, the occupation is far more entrenched today than when the Oslo Accords were signed some 20 years ago on the White House lawn?

A main cause of the failure of so many well-intentioned peace initiatives, including the latest round of talks, is the very reason the man in my story never got his money back: The “honest brokers” all too often agree with our occupiers that the destructive spread of settlements is on “disputed,” not occupied, land; and that we and the Israelis must “work out” our differences across a table. With the negotiation rules thus rigged, justice will forever remain elusive.

No conflict in modern history has decimated as many forests for newsprint, books and doctoral dissertations as ours. But scant attention has been paid to this linguistic sleight of hand that turns a military occupation into a quarrel over “disputed” land. When the Republican Governor of New Jersey, Chris Christie, recently dared to utter the words “occupied territories” in a speech, he was so pilloried by incensed supporters of Israel that he had to apologize.

There will be no peace so long as this fundamental truth is not told – that since 1967 we Palestinians have been occupied by the Israel Defense Forces, controlled by Israeli government planners and watched over by the Shin Bet security service. We do not need an “honest broker” refereeing our “dispute.” We need an honest judge to deliver justice.

One option for Palestinians, of course, is to turn to the United Nations. The Security Council, which created Israel in 1947, has condemned settlement activity 15 times over the years. The Rome Statute of the International Criminal Court can also be used to compel Israel into obeying international law. The Boycott, Divestment and Sanctions (BDS) movement, tearing a page from the anti-apartheid movement of the 1980s, can simultaneously call for boycotts against the Israeli economy and culture.

These are all likely courses if we cannot find a positive and just formula between the parties.

Crown Prince Fahd was visionary by recognizing in 1981 that the Israeli-Palestinian conflict must be solved in a multinational, win-win manner. In the spirit of the Fez Initiative and the API, the world community should make it clear what the end game must look like: two states based on the 1967 borders, two capitals in Jerusalem, and a just and mutually agreed-upon solution to the refugee problem in accordance with UN Resolution 194. In exchange, both now and in the future, Israel will enjoy full peace and security with its neighbors and 57 Arab and Islamic countries. The bonus to Israel is beyond imagination.

Once our two governments return to the negotiation table and conclude a peace agreement, we want to live in harmony with the Israelis. Even more so, we want Israelis to contribute to our nation-building through their know-how in science, IT, entrepreneurship, health care and the humanities.

This is what the future can hold if wise men once again return to the Holy Land.

From Montgomery to Jerusalem November 15, 2011

Posted by rogerhollander in Civil Liberties, Israel, Gaza & Middle East, Racism.
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http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=K6lcmrgLhzc14zPuMfF2+Kdr+rxoGmv1
 

Click here to write U.S. State Department for
safe passage for all future Freedom
Riders!

 

 

Dear
Roger, 

I’m writing
to you right now from a press room in Ramallah in the West Bank. And I can’t
help but feel I’ve just witnessed something truly historic.

Six breathtakingly courageous Palestinian
human rights activists just tried to take the bus from Ramallah to East
Jerusalem.
It’s a trip I’ve made countless times without a
hitch.

But I’m a Jewish American. I can move about freely. And Fadi
Quran, Nadeem Al-Sharbate, Badee Dwak, Huwaida Arraf, Basel Al-Araj and Mazin
Qumsiyeh are Palestinian. They cannot move freely in their own country.
Instead of being allowed entry to East Jerusalem,
the Freedom Riders were violently arrested and held for hours in the Atarot
Prison. I’m thrilled to report that just moments ago I got word they were
released.

But the struggle is not over! The Freedom
Riders have just begun. And they need your help.


These
six Freedom Riders chose to board a bus that serves Jewish-only settlements in
the West Bank on it’s way to Occupied East Jerusalem, wearing kuffiyehs
(Palestinian scarfs) and t-shirts reading ‘Justice’, ‘Freedom’, and ‘We Shall
Overcome’. Inspired by the Freedom Rides of the American Civil Rights Movement,
they took this bold action to expose the racism and policies of segregation that
pervade every aspect of life in occupied Palestine. To send the message to the world that separate
is NOT equal. Not in the United States and not in Israel or Palestine.
They also wanted to bring attention to the role of Israeli
and international companies, such as Egged and Veolia, who operate these
segreated bus lines, in perpetuating and profiting from the occupation.

In recent years the brutal reality of the occupation of Palestine has
become increasingly exposed, and this morning the media room was packed with
supporters— Palestinians, Jewish Israelis and people from all over the world.
There was an air of excitement, but also apprehension, knowing the risk these
six activists were taking. Those of us who remained in the media room were in
constant contact with the Freedom Riders.

The first bus drivers— seeing
that Palestinians were waiting at the bus stop— passed without pause. Once a bus
finally stopped and they boarded, the driver did not know what to do with
Palestinians on board. He consulted with the Israeli soldiers, who had arrived
on the scene after being alerted that Palestinians were standing at a Jewish bus
stop. They instructed him to continue to the Hizmeh checkpoint, where the
settlers were taken off the bus and soldiers got on. The Freedom Riders refused
to get off, asserting their right to go to Jerusalem. One by one these non-violent protesters were
roughly dragged off the bus and arrested, along with Fajr Harb, a supporter who
had not been on the bus.

All the Freedom Riders did
to warrant arrest was to take a bus from one place in the Occupied Territory to
another, using public transportation. While Israelis are allowed to come and go
as they wish in the Occupied Territory—even to settle in it in contradiction to
international law— Palestinians’ movement in their own land is severely
restricted, even criminalized. This kind of racism and segregation is as
abhorrent today as it was 50 years ago in the Jim Crow South
.
As I watched the Freedom Riders dragged from the bus today, I felt like I could
have been watching the police uncoil firehoses in Birmingham or whip out their
clubs in Soweto.

Fadi Quran, one of the arrested freedom riders, is a 23
year old Palestinian from Ramallah. He was born in Jerusalem and is currently a
graduate student at Birzeit University finishing his master degree in Democracy
and Human Rights. Right before being dragged from the bus by Israeli soldiers,
he said: “We are not going to give up. We are struggling for justice,
freedom, and dignity and we shall overcome. Stand with us in solidarity. Please
divest from the Egged and Veolia bus companies and all Israeli institutions. We
will achieve freedom, justice, and dignity for this generation of Palestinians.”
I have no doubt Fadi and his fellow Freedom Riders
will keep boarding those buses until the day comes when all may do so
freely.

Please support
the brave activists who risked so much asserting their rights to equality and
dignity,
and join us
in telling the State Department to ensure their safe passage to Jerusalem on the
next Freedom Ride.

Freedom for
the Freedom Riders and for all,
http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=mia8XDAfYV+gC+Ec2FaLbKdr+rxoGmv1
Antonia House, Jewish Voice for
Peace

 

 

 

 

 

http://www.salsalabs.com/?email

Israel’s death squads: A soldiers story March 1, 2009

Posted by rogerhollander in Israel, Gaza & Middle East, War.
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Sunday, 1 March 2009, www.indeendent.co.uk

 

A former member of an Israeli assassination squad has broken his silence for the first time. He spoke to Donald Macintyre.

The Israeli military’s policy of targeted killings has been described from the inside for the first time. In an interview with The Independent on Sunday, and in his testimony to an ex-soldiers’ organisation, Breaking the Silence, a former member of an assassination squad has told of his role in a botched ambush that killed two Palestinian bystanders, as well as the two militants targeted.

 

The operation, which took place a little over eight years ago, at the start of the present intifada, or uprising, left the former sharpshooter with psychological scars. To this day he has not told his parents of his participation in what he called “the first face-to-face assassination of the intifada”.

As the uprising unfolded, targeted assassinations became a regularly used weapon in the armoury of the Israel military, especially in Gaza, where arrests would later become less easy than in the West Bank. The highest-profile were those of Hamas leaders Ahmed Yassin and Abdel Aziz Rantisi in 2005, and of Said Siyam in the most recent offensive. But the targeting of lower-level militants, like the one killed in the operation described by the former soldier, became sufficiently common to attract little comment.

The incident described by the ex-soldier appears almost trivial by comparison with so much that has happened since in Gaza, culminating in more than 1,200 Palestinian casualties inflicted by Operation Cast Lead this January. It might have been forgotten by all except those directly affected, if it had not been for the highly unusual account of it he gave to Breaking the Silence, which has collected testimony from hundreds of former troops concerned about what they saw and did – including abuses of Palestinians – during their service in the occupied territories.

That account, expanded on in an interview with the IoS, and broadly corroborated by another soldier’s testimony to Breaking the Silence, directly challenges elements of the military’s official version at the time, while casting new light on the tactic of targeted assassination by the Israeli Defence Forces (IDF). So do comments by the father of one of the Palestinians killed, and one who survived, also traced by the IoS.

Our source cannot be identified by name, not least because by finally deciding to talk about what happened, he could theoretically be charged abroad for his direct role in an assassination of the sort most Western countries regard as a grave breach of international law. From a good home, and now integrated into civilian life in the Tel Aviv area, the former soldier is about 30. Intelligent and articulate, and with a detailed memory of many aspects, he is scrupulous in admitting his recall of other points may be defective.

The former conscript said his special unit had trained for an assassination, but was then told it would be an arrest operation. They would fire only if the targeted man had weapons in his car. “We were pretty bombed it was going to be an arrest. We wanted to kill,” he said. The unit then went south to Gaza and took up position. It was 22 November 2000.

The squad’s main target was a Palestinian militant called Jamal Abdel Razeq. He was in the passenger seat of a black Hyundai being driven north towards Khan Younis by his comrade, Awni Dhuheir. Both men were wholly unaware of the trap that was waiting for him near the Morag junction. This section of the main Salahadin north-south road in Gaza went straight past a Jewish settlement. Razeq was used to seeing an armoured personnel carrier (APC) beside the road, but he had no idea that its regular crew had been replaced by men from an elite air force special unit, including at least two highly trained sharpshooters.

Since before he even left his home in Rafah that morning, Shin Bet – the Israeli intelligence service – had been monitoring Razeq’s every move with uncanny accuracy, thanks to a running commentary from the mobile phones of two Palestinian collaborators, including one of his own uncles. The man who was to kill him says he was “amazed” at the detail relayed to the unit commander from Shin Bet: “How much coffee he had in his glass, when he was leaving. They knew he had a driver [and] … they said they had weapons in the trunk, not in the car. For 20 minutes we knew it was going to be a simple arrest because they had no weapons in the car.”

But then, he says, the orders suddenly changed. “They said he had one minute to arrive, and then we got an order that it was going to be an assassination after all.” He thinks it came from a war room set up for the operation and his impression was that “all the big chiefs were there”, including a brigadier general.

The two militants would still have suspected nothing as they approached the junction, even when a big Israel Defence Forces (IDF) supply truck lumbered out of a side turning to cut them off. They would have had no way of knowing the truck was full of armed soldiers, waiting for this moment. A 4×4 was deployed by the road, only in case “something really wrong” happened.

But something did go wrong: the truck moved out too soon, and blocked not only the militants in their black Hyundai, but the white Mercedes taxi in front of them. It was carrying Sami Abu Laban, 29, a baker, and Na’el Al Leddawi, 22, a student. They were on their way from Rafah to Khan Younis to try to buy some scarce diesel to fire the bread ovens.

As the critical moment approached, the sharpshooter said he began to shake from the waist down. “What happens now is I’m waiting for the car to come and I am losing control of my legs. I have an M16 with digicom [special sharpshooter sights]. It was one of the strangest things that ever happened to me. I felt completely concentrated. So the seconds are counted down, then we started seeing the cars, and we see that two cars are coming, not one. There was a first car very close to the following one and when the truck came in, it came in a bit early, and both cars were stopped.Everything stopped. They gave us two seconds and they said, ‘Shoot. Fire.'” Who gave the order, and to whom? “The unit commander … to everybody. Everybody heard ‘Fire’.”

The target, Razeq, was in the passenger seat, closest to the APC. “I have no doubt I see him in the scope. I start shooting. Everyone starts shooting, and I lose control. I shoot for one or two seconds. I counted afterwards – shot 11 bullets in his head. I could have shot one shot and that’s it. It was five seconds of firing.

“I look through the scope, see half of his head. I have no reason to shoot 11 bullets. I think maybe from the fear, maybe to cope with all the things that are happening, I just continue shooting.”

As far as he can recall, the order to fire was not specific to the sharpshooters in the APC. He cannot know for certain if the troops in the truck thought wrongly that some of the fire was directed at them from the cars. But he says that after he stopped “the firing gets even worse. I think the people in the truck started to panic. They’re firing and one of the cars starts driving and the commander says, ‘Stop, stop, stop, stop!’ It takes a few seconds to completely stop and what I see afterwards is that both cars are full of holes. The first car, too, which was there by coincidence.”

Razeq and Dhuheir, the militants, were dead. So were Abu Laban and Al Leddawi. Miraculously, the driver of the taxi, Nahed Fuju, was unscathed. The sharpshooter can remember only one of the four bodies lying on the ground. “I was shocked by that body. It was like a sack. It was full of flies. And they asked who shot the first car [the Mercedes] and nobody answered. I think everybody was confused. It was clear that it had been a screw-up and nobody was admitting [it].” But the commander did not hold a formal debriefing until the unit returned to its main base.

“The commander came in and said, ‘Congratulations. We got a phone call from the Prime Minister and from the Minister of Defence and the chief of staff. They all congratulated us. We succeeded perfectly in our mission. Thank you.’ And from that point on, I understood that they were very happy.” He says the only discussion was over the real risk there had been of soldiers’ casualties from friendly fire in the shoot-out, in which at least one of the IDF’s own vehicles was hit by ricocheting bullets, and at the end of which at least one soldier even got out of the 4×4 and fired at an inert body on the ground.

Saying his impression was “they wanted the press or the Palestinians to know they were raising a step in our fight”, he adds: “The feeling was of a big success and I waited for a debriefing that would ask all these questions, that would show some regret for some failure, but it didn’t happen. The only thing that I felt is that the commanders knew that it was a very big political success for them.”

The incident immediately caused something of a stir. Mohammed Dahlan, then head of the Fatah-run Preventative Security in Gaza, called it a “barbaric assassination”. The account given at the time to the press by Brigadier General Yair Naveh, in charge of IDF forces in Gaza, was that it had been intended as an arrest operation, but that sensing something amiss, Razeq had pulled out a Kalashnikov rifle and attempted to open fire at the Israeli forces, at which point the troops shot at his vehicle. While Razeq was the main target, it was claimed, the two victims in the taxi were were also Fatah activists “with ties to Razeq”.

Mr Al Leddawi said last week that his son’s presence was a tragic accident of timing and that the family had never heard of the other two men. “It was all by coincidence that they were there,” he said. “We have nothing do with the resistance in this family.” Beyond saying that he had received “not a shekel” in compensation, the taxi driver, Mr Fuju, did not want to talk to us in Rafah last week. “You want to interview me so the Israelis can bomb my house?”

The Israeli military said in response to detailed queries about the incident and the discrepancies between its account at the time and that of Palestinians, and now the ex-soldier, that it takes “human rights violations very seriously” but “regrets that Breaking the Silence does not provide it with details or testimony of the incidents it alleges in order to allow for a thorough investigation”. It added that “these soldiers and commanders did not approach senior commanders … with their complaints during their service.”

Our revelations in brief: Secret unit on a mission to kill

The Independent on Sunday has obtained an account which, for the first time, details service in one of the Israeli military’s assassination squads.

A former conscript has told the IoS and an ex-soldiers’ organisation of his part in an ambush that went wrong, accidentally killing two men as well as the two militants targeted.

The ex-soldier, a trained sharpshooter, says he fired 11 bullets into the head of the militant whose death had been ordered by his superiors. The squad was initially told it was going on an arrest mission, but was then ordered on a minute’s notice to shoot to kill.

Instead of the flaws in the operation being discussed afterwards, the squad was told it had “succeeded perfectly” and had been congratulated by the Prime Minister and chief of staff.

The former soldier, who was psychologically scarred by the incident, has never told his parents what happened.

Article 51: Israel’s false claim February 18, 2009

Posted by rogerhollander in Israel, Gaza & Middle East, War.
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Reza Nasri

17 – 02 – 2009. www.opendemocracy.net

Both opponents and supporters of Israel’s attacks on Gaza fail to see how deep its breach of international law and norms really runs

“In its military operation, Israel exercised its inherent right to self-defence, enshrined in Article 51 of the United Nations Charter. Any other State would have acted in the same manner faced with similar terrorist threats.”

Later on, the Permanent mission of Israel reiterates this position in a letter addressed to the Secretary General. Once again, Israel officially claims that:

“In response to Hamas’ continuous terrorist attacks, Israel has been acting in accordance with its inherent right to self-defence enshrined in Article 51 of the Charter of the United Nations.”

To counter Israel’s assertion, opponents argue that the right to self-defence – while being an inherent right of States – is subject to the customary rules of proportionality and necessity. They note that Israel’s massive military operations in Gaza do not meet these two conditions (the military operations are excessively violent compared to the alleged attacks that provoked them) and conclude that they are therefore illegal under international law.  

Non-applicability of Article 51 in occupied territories

The right to self-defence – as recognized by Article 51 of the Charter – is a right attributable to “States” only in their “international” relations. A State is allowed to recourse to self-defence if it is subject to another State‘s unlawful use of force. The situation must involve:

a) An armed attack (of sufficient gravity);

b) Conducted between States (or from one State territory) – as main subjects of international law;

c) And be of an international character.

Article 51 does not apply to a situation that involves an Occupying Power (the State of Israel) acting within occupied territories under its own authority and responsibility. In legal terms, Israel cannot invoke the right to self-defence under Article 51 to justify the use of military force in territories on which Israel itself exercises effective control, at least since 1967. (Although Israel withdrew its troops from Gaza under the “disengagement plan” in 2005, Israel’s relocation of its troops from the occupied land does not end its status as the “Occupying power”. Israel continuously maintained control over Gaza’s borders, air and sea space, water, electricity, sewage and telecommunication systems and because of that, Gaza remains an occupied territory as defined in international law. In fact, UN Security Council resolution 1860 (pdf) issued on January 8, 2009 clearly notes that: “the Gaza Strip constitutes an integral part of the territory occupied in 1967”.)

Indeed, it would be inconceivable for most of us to imagine any other country barricading a city or a district within a territory under its own watch, then use F-16 fire jets, high-tech Cobra helicopters, ground troops, cluster bombs, white phosphorus and depleted uranium ammunition, killing thousands of its inhabitants under the pretext of combating, for instance, street gang criminality. It would be even more absurd if that country justified all that by invoking an extraneous right under the UN Charter. Yet, this is exactly what Israel has done in Gaza.

Palestine (Gaza strip and the West Bank) is not yet considered an independent sovereign State – especially not by Israel. The swath of land known as “Palestine” (which encompasses Gaza) is an inhabited territory under Israeli mandate and occupation since 1967. For Israel to become entitled to invoke Article 51 of the UN Charter (which is a multilateral inter-state treaty) and benefit from its relevant rules of self-defence, Israel needs at least to recognize that it is dealing with another “State” (be it a State that directly commits armed attacks against Israel or a State whose territory is being used by an autonomous hostile group to mount attacks against Israel). But Israel cannot persistently rebuff Palestine’s Statehood on one hand, and, on the other hand, treat Palestine as a State whenever it needs to utilise the Charter to legitimise its use of force against.

In other words, Israel’s self-defence argument entails the precondition of recognising Palestinian Statehood; while not doing so entails setting the Charter’s legal subterfuges aside and solely complying with the strictures of Humanitarian law (especially the Geneva Conventions) regarding occupation.

The world court’s position

In its July 2004 advisory opinion on the Legal Consequences of the Construction of a Wall, the International Court of Justice (ICJ) had already established the non-applicability of “self-defence” under Article 51 in the situation between Israel and the Occupied Territories (a key point that most commentators seem to have forgotten). Just as it claims today, Israel had argued in the Wall case that the construction of a wall around the West Bank was an act of self-defence consistent with Article 51 of the Charter. According to Israel, Article 51 supported its right to build the wall to protect itself against terrorist attacks emanating from the occupied territories.

But the Court dismissed this argument as follows (pdf):

“Article 51 of the Charter thus recognizes the existence of an inherent right of self-defence in the case of armed attack by one State against another State. However, Israel does not claim that the attacks against it are imputable to a foreign State. The Court also notes that Israel exercises control in the Occupied Palestinian Territory and that, as Israel itself states, the threat which it regards as justifying the construction of the wall originates within, and not outside, that territory. […] Consequently, the Court concludes that Article 51 of the Charter has no relevance in this case” (emphasis added by author).

A fortiori, the Court’s position is also valid regarding the recent situation in Gaza.

In fact, there seems to be a growing consensus among prominent international law experts regarding the issue. In a document entitled “The Chatham House Principles of International Law on the Use of Force in Self-Defence”, the Royal Institute of International Affairs also confirmed the non-applicability of Article 51 by stressing that “unless an attack is directed from outside territory under the control of the defending State, the question of self-defence in the sense of Article 51 does not normally arise”.

The impermissible confusion: Jus ad bellum vs Jus in bello

The law of the use of force is composed of two distinct branches:

a) the law governing the recourse to force (jus ad bellum) and;

b) the law governing the conduct of hostilities (jus in bello).

The first set of laws refers to the reasons States may invoke to justify war, while the second set governs the means they may adopt in executing war or the way they should act in a post-war situation, such as occupation. The jus ad bellum rules are mostly enshrined in the UN Charter (i.e. article 2(4) and article 51), while the jus in bello rules are mostly to be found in the four Geneva Conventions, the Hague regulations and relevant customary norms. Self-defence logically belongs to the realm of jus ad bellum while “occupation” is naturally governed by the jus in bello.

As Georges Abi-Saab – Professor Emeritus at the Graduate Institute of International Studies in Geneva – explained in his oral pleading before the ICJ in the wall case:

“[S]elf-defence does not belong to international humanitarian law or the jus in bello, but to the jus ad bellum [the branch of law that defines the legitimate reasons a State may engage in war]. Israel makes here an impermissible confusion between the two branches of the law of war that have to be kept radically apart”.

As it did in the wall case, Israel still attempts to sustain that confusion, for good reason.

Israel has already exhausted its right to self-defence when it pre-emptively seized the West Bank and Gaza from neighbouring belligerent States in an international conflict in 1967. Since then, the only set of laws that govern the Israeli-Palestinian situation is the customary and treaty-based norms of “Humanitarian law” that regulate occupation (Jus in bello). According to the applicable law, Israel is not only proscribed from harming the inhabitants of these territories, but it is obliged to ensure their safety and security (Article 43 of The Hague regulations). Israel is also under the obligation to provide protection to their private properties (Arts. 46 and 47 of the Fourth Geneva convention), and to keep intact their “public buildings, real estate, forests and agricultural estates” (Art. 55 of the Fourth Geneva convention).

Israel’s recent massive bombardments and use of heavy artillery against Gaza cannot be reconciled with these obligations. In fact, Israel’s recent actions constitute, under Article 147 of the Fourth Convention, as well as Article 85 of Protocol I and Article 8 of the Rome Statute, grave breaches of international law which entail individual criminal responsibility.

By constantly alluding to the notion of self-defence as per Article 51 and by framing the military operations in Gaza solely in terms of necessity and proportionality, even the opponents of Israel unconsciously affirm the “impermissible confusion” that Israel is deliberately trying to disseminate.

Reza Nasri is an international lawyer based at the Graduate Institute of International and Development Studies in Geneva.In my opinion, both sides miss a crucial point.