Israel Cannot Use Violent Self-Defense While Occupying Gaza

Hits: 100

Whenever bombings and shootings escalate in the Middle East, Israeli propagandists say that Israel is exercising its right of military self-defense against indiscriminate attacks coming from the Gaza Strip. But as this article documents, the right to use force in self-defense is contingent on Israel ending its military occupation and blockade of Gaza.

DON’T MISQUOTE ME ON THAT!

Doubtless some unscrupulous person or persons will quote or interpret this article out of context and claim that I’m saying that Israel has no right to self-defense at all. So, let me be clear: Israel is a nation-state like any other, like it or not. It therefore has the same legal rights as any nation-state, like it or not; including the right to use self-defense when under attack.

However, that right within the context of occupation is contingent on Israel’s adherence to international law; again, just like any state. For example: The US and British forces had no legal right to hurt or kill Iraqis resisting the illegal US-British invasion and occupation, which began in 2003. The only rights that the US and British had there was to leave.

Since 1967, Israel has occupied the Gaza Strip (and the West Bank of the Jordan, which it has now de facto annexed) in violation of international law. Yes, Israel withdrew its illegal colonies from Gaza in 2005, but it maintained the military blockade, which is an act of war and a violation of the IV Geneva Convention, which prohibits collective punishment.

As long as it continues its occupation/annexation of the Palestinian territories, Israel cannot use force in self-defense from attacks, even indiscriminate ones, emanating from Gaza. If it ended the occupation and blockade of the Palestinian territories, then it could argue a case for the use of force, assuming peaceful options are exhausted.

WHAT THE LIBERAL MEDIA SAY

Forget the madcap right-wing (e.g., a Fox News reporter standing next to what he claims is a flaming bakery hit by Palestinian rockets). How are the supposedly more intelligent and humane liberal media reporting the current violence?

The BBC says that “Violence has flared between Israel and Palestinian militants in Gaza, a day after seven militants and an Israeli soldier were killed during an undercover Israeli operation in Gaza.” Militants? It goes on to say that: “Militants fired 300 rockets and mortars at Israel. One hit a bus, seriously injuring a soldier nearby. Israel responded with more than 70 strikes on what it said were targets belonging to Hamas and Islamic Jihad.” Responded? Surely the BBC means to say that armed Palestinian groups responded to Israel’sactions, which occurred in the context of its unlawful 50-year occupation?

Notice the use of the word “militants.” The report doesn’t use words like “Zionists” when describing Israelis.

The online article includes an embedded tweet from the Israeli Defense Forces: “RAW FOOTAGE: The skies of southern Israel RIGHT NOW. Dozens of rockets are being fired from #Gaza at Israeli civilians.” There is no embedded video of the shocking conditions in which Palestinian civilians are forced by Israel to live (a point to which we shall return). Near the bottom of the article, the BBC approaches something bordering truthfulness when it says: “Israel, along with Egypt, has maintained a blockade of Gaza,” but it then goes back to the lies: “…since about 2006 in order, they say, to stop attacks by militants.”

The word “occupation” is mentioned not once. So, the gist of the BBC’s reporting is that Gaza is plagued by dangerous Islamists hell-bent on Israel’s destruction and that Israel is doing what it can, sometimes ham-fistedly (as in the latest “botched” special forces operation), to defend itself.

CNN quotes Israeli PM Netanyahu as saying that “Hamas vowed to destroyed Israel,” ergo long-term peace was “impossible.”

The Washington Post claims that the latest “flare-up” was “triggered” by a “botched” Israeli operation inside Gaza. It quotes Israeli Army spokesman Lt. Col. Jonathan Conricus, that Israelis under Palestinian rocket-fire face “the most severe attack on … civilians by terrorist organizations from Gaza since our 2014 operation [Protective Edge].” Near the end of the article, the reporters mention, casually, Israel’s “tight restrictions on trade and travel.” Below, we’ll take a look at what these “tight restrictions” actually mean.

The New York Times describes what is happening as “An eruption,” rather than a continuation and predictable consequence of Israel’s ongoing brutality. It also mentions Israel’s “tight control over the border,” which has endured since 2005, they claim (not 1967 as is the reality), when Israel withdrew its illegal colonies. Approaching truth toward the end of the article, the NTY, unlike the BBC, quotes Chris Gunness of the UN Relief and Works Agency, who describes the humanitarian situation in Gaza for nearly 2 million ordinary civilians, half of whom are children, as a disaster and a “collective punishment.”

WHAT HUMAN RIGHTS GROUPS SAY

With the exception of the Gunness quote, the media have suppressed the severity of the humanitarian crisis in Gaza. The crisis is caused by the US-enabled Israeli blockade. Its importance in terms of the number of people affected vastly eclipses the firing of indiscriminate rockets into Israel by armed Palestinian groups.

The UN Office for the Coordination of Humanitarian Affairs states:“Palestinians in Gaza are ‘locked in’, denied free access to the remainder of the occupied Palestinian territory and the outside world.” According to the UN children’s fund UNICEF, “more than 96 per cent of abstracted water is polluted and not fit for human consumption due to high salinity levels from sea water intrusion and high nitrate levels from excessive use of agrochemicals and wastewater infiltration.”

Jamie McGoldrick and James Heenan of the UN say:

“All over the occupied Palestinian territory, but particularly in the Gaza Strip, we see children robbed of every right. Families cope with four hours of electricity per day in the sweltering heat. Clean drinking water is expensive and hard to find. The start of the school year in one month will be very difficult for tens of thousands of families who cannot afford basic school supplies.”

When trapped Gazans resist with overwhelmingly non-violent protest, they receive the following treatment, as described by a Red Cross doctor, Gabriel Salazar: “We estimate there are over 1,300 people with complex, sometimes multiple injuries,” care of the Israeli Defense Forces responding to the protests, “that will require at least three to five surgeries each. The recovery period may take months or even years and we believe some 400 will remain with temporary or permanent disability.” Many demonstrators are deliberately shot in the legs and refused treatment by Israel in neighboring Jordan.

IS GAZA STILL OCCUPIED?

Gaza and the West Bank, including East Jerusalem, have been unlawfully occupied by Israel since June 1967. This means that every Israeli military action in those territories, except withdrawal, is unlawful. In November 1967, the United Nations adopted Security Council Resolution 242, which states:

Emphasizing the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every State in the area can live in security,…

1. Affirms that the fulfillment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles:

(i) Withdrawal of Israel armed forces from territories occupied in the recent conflict…

In 2004, the International Court of Justice opined:

“All these territories (including East Jerusalem) remain occupied territories and Israel has continued to have the status of occupying Power … Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, are illegal … The Court concludes that the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) have been established in breach of international law.”

In 2018, the UN Human Rights Council reaffirmedthat Gaza and the West Bank, including East Jerusalem, are occupied by Israel:

“In the resolution, adopted by a vote of 29 in favour, two against [the US and Australia], and 14 abstentions, the Council decided to urgently dispatch an independent, international commission of inquiry, to be appointed by the President of the Human Rights Council, to investigate all alleged violations and abuses of international humanitarian law and international human rights law in the occupied Palestinian territory, including East Jerusalem, particularly in the occupied Gaza Strip, in the context of the military assaults on the large-scale civilian protests that began on 30 March 2018.”

ISRAEL’S RIGHT OF SELF-DEFENSE

Given that the international consensus is that Israel remains the illegal occupying power in the Palestinian territories (including Gaza and East Jerusalem), Israel has no right to use force to defend itself against Palestinian attacks while it remains the illegal occupying power. If Israel ended the occupations of Gaza and the West Bank, it would be entitled to use force in self-defense, assuming that peaceful options are exhausted.

Hyde’s International Law Volume III states: “A belligerent,” i.e., Israel in this case, “which is contemptuous of conventional or customary prohibitions,” i.e., Israel continues to occupy Gaza, “is not in a position to claim that its adversary,” i.e., Hamas and other armed Palestinian groups, “when responding with like for like,” i.e., rocket-fire into Israel, “lacks the requisite excuse” (emphasis in original).

The Annual Digest and Reports of Public International Law Cases 1948 states: “Under International Law, as in Domestic Law, there can be no reprisal against reprisal. The assassin who is being repulsed by his intended victim may not slay him and then, in turn, plead self-defense.” By the same logic, Israel cannot occupy Gaza, collectively punish the population, and then claim to be acting in self-defense against Gazan rocket-fire.

In response to the Gaza massacre 2014, international jurist John Dugard said: “given the fact that Gaza is an occupied territory, it means that Israel’s present assault is simply a way of enforcing the continuation of the occupation, and the response of the Palestinian militants should be seen as the response of an occupied people that wishes to resist the occupation.”


Originally published on 2018-11-16

About the author: Dr. T. J. Coles is director of the Plymouth Institute for Peace Research and the author of several books, including Voices for Peace (with Noam Chomsky and others) and the forthcoming Fire and Fury: How the US Isolates North Korea, Encircles China and Risks Nuclear War in Asia (both Clairview Books).

Source: Counter Punch

Origins of images: Facebook, Twitter, Wikimedia, Wikipedia, Flickr, Google, Imageinjection & Pinterest.

Read our Disclaimer/Legal Statement!

Donate to Support Us

We would like to ask you to consider a small donation to help our team keep working. We accept no advertising and rely only on you, our readers, to keep us digging the truth on history, global politics and international relations.

READ MORE!
Serbian Patriarchate of Peć in the Ottoman Empire: The First Phase (1557−1594)
IntroductionThe goals of this article are: 1) to investigate the role of the revived Patriarchate of Peć in Serbian and Balkan history?; and 2) to explore and present the results of investigation of the problems with respect to: a) the role of the Serbian Church during the first decades of the Ottoman occupation of Serbian lands in the process of the creation of a Serbian national identity; b) Serbian-Turkish relations in the second half of the 16th century; and c) the reasons for Serbian disloyalty towards the Ottoman government at the turn of the 17th century.The article addresses the reasons ...
READ MORE
Hitler Was Financed by the Federal Reserve and the Bank of England
 The recent resolution of the parliamentary Assembly of the OSCE fully equalizes the role of the Soviet Union and Nazi Germany at the outbreak of the Second World War, except that it had the purely pragmatic purpose of extorting money from Russia on the contents of some of the bankrupt economies, intended to demonize Russia as the successor state to the USSR, and to prepare the legal ground for the deprivation of her right to speak out against revision of results of war. But if we approach the problem of responsibility for the war, then you first need to answer the ...
READ MORE
Kosovo’s Conflict: A Devastating Precedent in International Relations
During the last decade of 20th century, leading “analysts” of the New World Order were presenting the Kosovo’s issue as a democratic matter rather than a historical and geopolitical dispute. It was perceived as a political case in which one ethnic minority (Albanians) was oppressed by a “non-democratic regime” of Slobodan Milošević.The refusal of the Rambouillet Accords by the Federal Republic of Yugoslavia, served as a justification for the unilateral action against Yugoslavia in March, 1999. The Rambouillet Accords called for:1) NATO administration of Kosovo as an autonomous province within Yugoslavia;2) A force of 28,000 NATO troops to maintain order ...
READ MORE
The Role of 9/11 in Justifying Torture and War
The words “possible criminal actions” by CIA employees are used in the report. The terms unethical and immoral are mentioned. The criminality of those who ordered these actions at the highest levels of government, however, is not acknowledged. The actions directed against alleged jihadists are categorized as ineffective in the process of revealing intelligence. This in itself is a red herring. The objective of torture was not to reveal intelligence. What of course is not acknowledged is that the alleged terrorists who were tortured were framed by the CIA. Known and documented the Al Qaeda network is a creation of US intelligence. The ...
READ MORE
The Spirit of Christmas: War Criminals George W. Bush and Tony Blair Banned from the Birthplace of Jesus Christ
First published by GR in December 2006 War criminals George W. Bush and Tony Blair were banned for life in April 2003 from the Church of Nativity in Bethlehem, widely believed to be the birth-place of Jesus Christ. The ban was announced at the height of the illegal US-allied bombing and invasion of Iraq. Below are the original 2003 press reports pertaining to that decision as well as a subsequent introductory note published by Global Research in December 2006. “The Bethlehem sanctuary issued a ringing reprisal Sunday [April 2003] of the coalition attack, going as far as barring US President George W. Bush, ...
READ MORE
Trump, Empire and Our Long Retreat to Tyranny
There has been a lot of worry about the Constitution and basic democratic rights since Trump’s election. And worry we should. But, Trump did not fall from the sky, he is a product of our history. Over the long course of human history, there has been nothing more hostile to democracies and constitutional republics than empire. Empires destroys republics from the inside out.[1] And, empires demand and create enemies. In the opening act of our empire we fought our race enemy: the natives we tried to assimilate or eliminate. In the climactic scene of empire building after WWII we fought another “red ...
READ MORE
NATO-CIA-Pentagon: Junction of the Real Druglords & Warlords
Are you aware of the heroin epidemic that has been on fire all across America- since 2001? Thanks to the government-corporate media outlets you probably are not. Between 2002 and 2013, heroin-related overdose deaths in the US quadrupled, with more than 10,000 people dying of heroin overdoses in America in 2014 alone. Afghanistan has been the number one source globally of both opium and heroin: Heroin from Afghanistan has killed more people than the 55,000 Americans killed in the Vietnam War. An American now gets killed every 32 minutes by Afghan heroin. With US heroin deaths tripling every four years, an American ...
READ MORE
These are all the Countries where the US has a Military Presence (in 2015)
On Mar. 24, US president Barack Obama announced that all 9,800 US troops currently stationed in Afghanistan will remain until the end of 2015. This generated a fair amount of criticism: it was, after all, Obama’s promise that the last American troop would leave the country in 2014. How have Obama’s plans for pulling out of Afghanistan fared so far? Those expecting the US to leave Afghanistan, however, should take a minute to consider this: the US still hasn’t left Germany. In fact, there are quite a few places the US hasn’t left, and while certainly most of them don’t pose a threat to American soldiers, ...
READ MORE
Democratizing the US Constitution: An Idea Worth Considering
The grandees of the Republican Party are on the ropes. Donald Trump has them by the balls, but, even without Trump, they would be in what Bush the Father would call deep “do-do.” Any Republican candidate for President whom two-thirds of the electorate could abide would be anathema to the one-third that Republicans have recruited into their rank and file. Mitt Romney was the final straw. The establishment’s situation is so pitiful that even Chris Christie is starting to look good to them. If his candidacy survives into the Spring, late night TV comedians will rejoice; others, not so much. Ted Cruz remains ...
READ MORE
US Meddling in Foreign Elections: A CIA Tradition since 1948
In a shocking display of relative independence from the post-Operation Mockingbird control of the media by the Central Intelligence Agency, a recent article in The New York Times broke with current conventional pack journalism and covered the long history of CIA meddling in foreign elections. A February 17, 2018, article, titled, "Russia Isn’t the Only One Meddling in Elections. We Do It, Too," authored by Scott Shane – who covered the perestroika and glasnost for The Baltimore Sun in Moscow from 1988 to 1991 during the final few years of the Soviet Union – reported the US has interfered in foreign elections for decades. However, ...
READ MORE
Conflicts among Churchgoers in Ukraine – Non-Peaceful Transfers to the OCU not Covered by Media and State
Interactive maps at several websites show that within three months there have been more than 500 voluntary transfers of the Ukrainian Orthodox Church – Moscow Patriarchate's (UOC-MP) parishes to the Orthodox Church of Ukraine recently created by Patriarch Bartholomew and president Poroshenko. The UOC-MP parishes total 12,000, so this is a significant value. However, according to the OHCHR Report on the human rights situation in Ukraine from 16 November 2018 to 15 February 2019, not all of these transfers were voluntary – in some cases they were undertaken by local authorities or far-right organizations, and those members of the UOC-MP ...
READ MORE
Donald Trumpenstein: Self-Proclaimed “Cop of the World”
History has repeatedly demonstrated the need to view with the greatest skepticism U.S. imperialism’s justifications for its endless wars and interventions. Need we mention the 1964 U.S.-manufactured Tonkin Bay incident, wherein a virtually non-existent Vietnamese navy was accused of attacking a U.S. destroyer? That false flag pretext was employed to launch the Vietnam War, during which four million Vietnamese were slaughtered in a 10-year U.S. conflagration verging on genocide. Or the more recent Iraq “weapons of mass destruction” lie that resulted in the U.S. murder of 1.5 million Iraqis? Even if the latest sarin gas accusations against Syrian President Bashar Assad should ...
READ MORE
The Myth of “Aggressive Russia”
Recently I went on a 15 day visit to Russia organized by the Center for Citizen Initiatives. The group visited Moscow, the Crimean peninsula, Krasnodar (southern Russia) and St. Petersburg. In each location we met many locals and heard diverse viewpoints. CCI has a long history promoting friendship and trying to overcome false assumptions between citizens of the USA and Russia. The founder Sharon Tennison has focused on making people-people connections including the business community, Rotary clubs, etc.. This delegation was organized because of concern about escalating international tensions and the danger of a drift toward world threatening military conflict. We ...
READ MORE
The Original 9/11: 45 Years After Pinochet’s Coup
On this day in 1973 the democratically elected president of Chile, Salvador Allende, was overthrown by General Augusto Pinochet. In the aftermath, 3000 leftists were murdered, tens of thousands tortured and hundreds of thousands  driven from the country. Since it doesn’t serve to justify further domination by the powerful few in the Canadian media will commemorate the ‘original 9/11’. Even fewer will recognize Canada’s role in the US backed coup. The Pierre Trudeau government was hostile to Allende’s elected government. In 1964 Eduardo Frei defeated the openly Marxist Allende in presidential elections. Worried about growing support for socialism, Ottawa gave $8.6 million to ...
READ MORE
Western Policy Doing the Bidding of Islam in Kosovo: Destroying Orthodox Christianity
Islamic forces entered Europe from Asia and North Africa in order to enslave, convert, persecute and either completely destroy Christianity or to enforce dhimmitude. Before this process began you had the complete annihilation of Christianity in many parts of North Africa and in various parts of the Middle East it was one long sojourn into dhimmitude, pogroms and massacres. Christianity survived in some areas, for example in Egypt, however, numbers succumbed after Arab colonial and Islamic discrimination took route. Therefore, a complete Islamic inquisition took root in Arabia (modern day Saudi Arabia) and just like the Sunni Islamic inquisition against Buddhism ...
READ MORE
Understanding NATO, Ending War
On 4 April 2019, the North Atlantic Treaty Organization, better known as NATO, marked the 70th anniversary of its existence with a conference attended by the foreign ministers of member nations in Washington DC. This will be complemented by a meeting of the heads of state of member nations in London next December.Coinciding with the anniversary event on 4 April, peace activists and concerned scholars in several countries conducted a variety of events to draw attention to, and further document, the many war crimes and other atrocities committed by NATO (sometimes by deploying its associate and crony terrorist armies – ISIS, ...
READ MORE
Israel’s Story: Lies from Top to Bottom
A study by a Toronto-based consulting and research company has revealed that over the past fifty years mainstream reporting about Israel has been distorted to portray the Jewish state in positive terms while ignoring the plight of the Palestinians under Israeli occupation. The media study, based on a computer analysis of 50 years of data, found that major U.S. newspapers have provided consistently skewed, pro-Israel reporting on Israel-Palestine. The slanting in news coverage included subtle manipulations like using word associations favorable to Israel and derogatory to Palestinians as well as persistent publication of stories praising Israel while also avoiding reporting anything ...
READ MORE
Bosnia-Herzegovina ISIS in the 1990s
Video documentary movie on the first ISIS in Europe in Islamic Caliphate of Bosnia-Herzegovina, 1992-1995. This movie is made by the British SKY NEWS after the civil war in Bosnia-Herzegovina. Similar documentary movies on the ISIS Bosnia-Herzegovina made by the Bosnian Serbs were never shown to the western audience. Duration of the movie is 8 min. and 17 sec. In the movie are presented and future Al-Qaeda Mujahedeen holy fighters. From the movie is clear what was a real nature of the civil war in Bosnia-Herzegovina in the 1990s. All copyrights reserved by the SKY NEWS. Read our Disclaimer/Legal Statement! Donate to Support Us We would like to ask ...
READ MORE
Trump, Netanyahu and Israel’s Capital
When considering United States President Donald Trump’s decision to officially recognize Jerusalem as the capital of Israel, we learn many things about him: + He is desperate to hold onto his base, which includes so-called Christian fundamentalists, who unquestioningly support Israel; + His interest in ‘the ultimate deal’ between Palestine and Israel is non-existent; + He has no regard for the opinions of the U.S.’s closest allies; + His knowledge of international law is limited, at best; + He holds the safety of U.S. personnel abroad in disdain; + His understanding of the complexities of the Middle East are far beyond his interest or ability to ...
READ MORE
The Illegitimacy of Israel’s Colonization
‘If you buy fruit from Israel you deprive another human being of water and life’. Israel’s comparative economic success is essentially based on water stolen, since 1967, from Syria’s eastern shore of the Sea of Galilee – that provides Israel’s current primary source of fresh water. Rainwater from the Golan’s catchment area feeds into the River Jordan to provide about 30% of Israel’s current water supply. Without this stolen water there would be no citrus fruit, melons, avocados or dates available for export under the label of ‘Produce of Israel’. And that is why the Netanyahu government is determined – with help ...
READ MORE
Serbian Patriarchate of Peć in the Ottoman Empire: The First Phase (1557−1594)
Hitler Was Financed by the Federal Reserve and the Bank of England
Kosovo’s Conflict: A Devastating Precedent in International Relations
The Role of 9/11 in Justifying Torture and War
The Spirit of Christmas: War Criminals George W. Bush and Tony Blair Banned from the Birthplace of Jesus Christ
Trump, Empire and Our Long Retreat to Tyranny
NATO-CIA-Pentagon: Junction of the Real Druglords & Warlords
These are all the Countries where the US has a Military Presence (in 2015)
Democratizing the US Constitution: An Idea Worth Considering
US Meddling in Foreign Elections: A CIA Tradition since 1948
Conflicts among Churchgoers in Ukraine – Non-Peaceful Transfers to the OCU not Covered by Media and State
Donald Trumpenstein: Self-Proclaimed “Cop of the World”
The Myth of “Aggressive Russia”
The Original 9/11: 45 Years After Pinochet’s Coup
Western Policy Doing the Bidding of Islam in Kosovo: Destroying Orthodox Christianity
Understanding NATO, Ending War
Israel’s Story: Lies from Top to Bottom
Bosnia-Herzegovina ISIS in the 1990s
Trump, Netanyahu and Israel’s Capital
The Illegitimacy of Israel’s Colonization
Policraticus

Written by Policraticus

SHORT LEGAL DISCLAIMER: The website’s owner & editor-in-chief has no official position on any issue published at this website. The views of the authors presented at this website do not necessarily coincide with the opinion of the owner & editor-in-chief of the website. The contents of all material (articles, books, photos, videos…) are of sole responsibility of the authors. The owner & editor-in-chief of this website is not morally, scientifically or legally responsible for any inaccurate or incorrect statement in the contents of all material found on this website. The owner & editor-in-chief of this website is not responsible for the content of external internet sites. No advertising, government or corporate funding for the functioning of this website. The owner & editor-in-chief and authors are not morally, scientifically or legally responsible for any inaccurate or incorrect statement in the text and material found on the website www.global-politics.eu

Website: http://www.global-politics.eu