Israeli crimes in international and humanitarian law

[Jefferson23]

Fadel Abdel Ghani

Monday, 11 August 2014 12:00


If we are following the Israeli logic for the killing and destruction of all targets that are likely to constitute a military threat even though they have not been proven yet, we completely disregard the most prominent principles of international humanitarian law and justify the chaotic killing and destruction operations.'



When an Israeli official or journalist gets asked why you're bombing and killing families in the Gaza Strip, the answer is usually readily available, which is: the main cause for that is the terrorist movement of Hamas which is using civilians as human shields. We have heard this justification numerous times, even during the bombing of UN offices and headquarters, and protected institutions such as hospitals, schools, mosques and churches, and this justification, due to the huge media machine of the Zionist entity, whether written or heard, has become almost a given to many in the West, amid the weak responses to that especially in English.

And so is the case of the bombing of political leaders of the resistance, as Israeli journalists and officials repeat the saying that these are legitimate targets, until this also became a given for a large sector of Arabs and westerners. People are also dazzled by Israel's warnings sent to families before bombing and destroying their homes, as Israel boasts about it in the investigations it releases after its wars.

Civilians and the rumour of using them as human shields

Customary humanitarian law governs the nature of the armed conflict between Israel and the Palestinian resistance, including the Hamas movement and others, and is considered binding to all parties, and also the rules and Article III of the Geneva Conventions of 1949 regarding occupied land. So if, hypothetically speaking, we assumed the truth of the Israeli narrative regarding Hamas taking shelter among civilians, and using them as human shields, still, this does not relieve Israel from its legal responsibility, and the presence of one person or a number of them does not justify the killing of an entire family, or the targeting of civilians in the area and killing them all. Israel has to prove with evidence the reasons behind its targeting of schools, hospitals and civilian homes.

Yes, international law prohibits the use of civilians as human shields, including taking control of an area and making civilians stay in it (it has never been proven that the Palestinian resistance has used either method). And thus, Israel is responsible for justifying its attacks, and not the opposite. In the case that Israeli allegations prove correct, it has to discriminate in its targeting of civilians versus militants, and then there is being proportionate in its attack, where it is the responsibility of the attacker to cancel out an attack or suspend it in case the civilian damage was more than the importance of the military target.

https://www.middleeastmonitor.com/articles/middle-east/13372-israeli-crimes-in-international-and-humanitarian-law

[Fred Sanders]

1. Hiding among the populace is an ancient war technique, especially for a outgunned guerrilla force.

The vastly superior in force side can hold its massive fire, out of humanitarian concern, or unleash its firepower and accept the deaths of innocents.

IDF accepts the death of innocents by the thousands......no compassion, no hesitation. It is exactly what the law is intended to curtail, ruthlessness towards innocents.

Modern international law does not prohibit firing into areas so used, but it enforces the notion that all restraint and minimization of casualties be used.

The IDF knows this. So they manufacture a thin argument for compliance with the letter of the law, the spirit of the law is abandoned. They then rely on massive propaganda to sell it, not a problem in America to pitch the sales line, the media in America regurgitates it on command.

It has dreamed up the knock on the roof policy, explosives followed by more explosives shortly thereafter, the times vary, as an excuse, not a justification, to get get around the law, they think it a loophole they have cleverly exploited. Except when artillery with a 50 meter accuracy is fired into a area it has legal force in a wide radius, it is NOT minimizing civilian casualties.

The human shield propaganda is employed to justify the the massive, predictable carnage. It victimizes the dead and wounded civilians by victimizing them again as somehow being at fault also, just for being around, even though they have no knowledge of why the target was the target. Hence a ?Hellfire missile into a 30 family apartment block where one Hamas guy may be living....everyone dies.....

And what crime did the only power plant commit, what affront to the IDF and Israel, 3 UN schools, several mosques, marketplaces, refugee camps, etc.?

The IDF gives a rats ass about civilian casualties, the math of 200 dead, 423 being children under the age of 16, is obvious and impervious to propaganda.

It is propaganda, it is evil, it is illegal, it is war crime.

Is it not Israel that creates human shields by forcing them to live in a tiny area where they have. On choice but to live among the guerrilla force? What about the IDF's failed legal struggle in Israeli courts to win the right to have actual human shields, boys strapped to the hoods of military vehicles, all well documented!

[Jefferson23]

2. When I hear about the text messages they send out prior to bombing, I have no words. n/t

[Fred Sanders]

3. It is a set up for a legal defence...it is pathetic.

[Jefferson23]

4. Israeli government has been working on preparing for their defense:

Israel prepares for an international legal assault

The establishment of the Goldstone Commission, aka the United Nations Fact Finding Mission on the Gaza Conflict, which investigated the operations of the Israel Defense Forces (IDF) during Operation Cast Lead in 2008-09 and published a scathing report, is etched in the memory of Israelis as a particularly traumatic event. Later on, Judge Richard Goldstone expressed remorse over the devastating report he penned against Israel, yet the damage could not be undone.

Read more: http://www.al-monitor.com/pulse/originals/2014/08/protective-edge-goldstone-hamas-yaalon-idf-1.html#ixzz3A5pVtr6Q

[sabrina 1]

5. I think we all know that neither the US nor Israel observe International Law now. We can go on

pointing out all the war crimes they commit, according to those laws, but since they appear to believe those laws are not for THEM, all the talk in the world won't stop them from continuing to violate the law.

Our War Criminals, we are now told, the torturers eg, we don't even deny it anymore, that has become impossible, should be understood rather than prosecuted. Because they are patriots who were simply scared after 9/11.

I have read the Geneva Conventions, over and over actually especially during the Bush era when it was clear to all of us that Cheney/Bush WERE committing war crimes.

Nowhere did I find that being scared nullified those laws.


The ONLY way to get the answers the author wants is take the war criminals to court. There they will be asked for PROOF of their assertions, such as 'human shields' 'mushroom clouds' etc.

But we may have to wait a while for that. So far no one seems capable of applying the Rule of Law when it comes to the US and Israel.

Meantime we can do some things, such as boycotts eg. Avaaz eg, is currently collecting signatures from all over the world to boycott those who are doing business with Israel as a result of this latest assault on the Palestinians. It's not much but for now, it's the best we can do.

https://secure.avaaz.org/en/israel_palestine_this_is_how_it_ends_loc/?slideshow

[Jefferson23]

6. I agree, it is a frustrating endeavor for the Palestinians and they may not have much time left

before a peace deal is struck that leaves them with a bantustan.