Israel Cannot Use Violent Self-Defense While Occupying Gaza

Hits: 500

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.

[wpedon id=”4696″ align=”left”]

READ MORE!
The Ghosts of World War I Circle Over Ukraine
We don’t yet know the details behind the tragic downing of the Malaysia Airlines jetliner over eastern Ukraine on July 17, but in one sense, the details aren’t going to matter very much in the global scheme of things. The geopolitical outcome is already known. World outrage has focused on Russian president Vladimir Putin to such an extent that Putin has suffered a huge loss of moral authority. That, in turn, lessens his range of actions in his ongoing confrontation with the West over Ukraine and increases the likelihood that Russia will lose its traditional dominance over that split country ...
READ MORE
The Tragic Declaration: Colonial Legacies, Balfour and Israel
So much after the fact; so much in terms of opportunism gone to seed and destruction. But planned historical calamities tend to be rare. There are only absurd moments, dastardly opportunities, and tragic convergences. History is less the outcome of wise deliberation than folly dressed up as reason, occasionally tinged by a touch of malice.On November 2, 1917, the British government published the Balfour Declaration (one of “sympathy with Jewish Zionist aspirations”) by means of a letter written by Foreign Secretary Lord Arthur James Balfour to Lord Walter Rothschild. It suggested forthcoming British assistance for the establishment of a Jewish ...
READ MORE
On the Origins of Proto-Croats and Proto-Serbs
Contemporary historiography and the Slavonic studies upon the question of the ethnolinguistic origin of the Croats and the Serbs more and more incline on the side of those authors who support the linguistic theory of the Indo-Sarmatian (the Iranian) origins of proto-Croats and proto-Serbs.The Indo-European Iranian originAccording to this contemporary explanation, Croats and Serbs were the people of the Iranian (the Sarmatian) origin, who migrated into the Balkans in the 7th century and subjected the Slavs there. However, in the course of time, they became totally slavicized (like proto-Turkic Bulgars who were settled on the Balkans between the Danube River ...
READ MORE
The 1915−1916 Armenian Genocide: An Ideology, Course and Consequences
A massive destruction of the Ottoman (Orthodox Christian) Armenian population in 1915−1916 is probably the greatest atrocity committed during the WWI and for sure a first 20th century case of the genocide as up to 1.500.000 ethnic Armenians were executed by the Ottoman authorities and their collaborators (the Kurds). As a consequence, the survivors are scattered across the globe. Today it is already a century old event, but the issue of the 1915−1916 Armenian Genocide is undoubtedly still alive and divisive political issue firstly between the Armenians and the Turks[1] but also and among the western “liberal democracies” on the ...
READ MORE
Phantom Tanks and the Desperation of Kiev
How many times have we seen this before?The President of the United States is on TV telling us horror stories. Some innocent people in some corner of the world are being crushed, he tells us. They face some monstrously evil oppressor, he says. While the United States doesn’t like war, what choice is there? Sacrifices must be made, cruise missiles must be unleashed, to protect the poor and innocent. The world is the set of an action movie, and the US is the tragic hero, forced to rescue the innocent.This is the script we heard in former Yugoslavia. Bill Clinton ...
READ MORE
Allies Raped Hundreds of Thousands of German Women after WW2
Western allies raped hundreds of thousands of German women, writes German historian Miriam Gebhardt in a book published under the name “When the soldiers came” (Als die Soldaten kamen) and which received both praise and criticism in Germany.“At least 860,000 women and girls, but also men and young boys, were raped by ally soldiers after the fall of the Third Reich and in the postwar period. It happened everywhere,” writes Gebhardt, noting that US soldiers were the ones who did it the most.The book strongly echoed in Germany, where information on such crimes was known before but was almost exclusively ...
READ MORE
A Royal Shame: Abdullah Leaves a Legacy of Regional Militancy
King Abdullah is being eulogized in the most unrealistic ways possible, from CNN designating him as a “reformer” to Chuck Hagel calling him “a powerful voice for tolerance, moderation and peace — in the Islamic world and across the globe.” Israeli President Reuven Rivlin takes the cake, however, by proclaiming that “his smart policy contributed greatly to Middle East stability.” None of these characterizations are true in any way, as Abdullah’s main legacy isn’t one of reform, tolerance, and regional stability, but of destruction, hate, and regional instability. Every contemporary Mideast problem except for the Israel-Palestine issue can be directly ...
READ MORE
The Banana Republic of America: Democracy be Damned
We are witnessing a presidential election of epic farce. The Republican Party nominates the caricature of a tinpot dictator. The Democratic National Committee is a caricature too, of comic opera: exposed in collusion with a favored candidate it anoints a felon, shown to be such but unindicted.We are witnessing the collapse of democratic presidential politics. It is a derelict process, complex, absurdly long, insanely expensive, tedious, inconsistent and now chaotic.Professional football is a public extravaganza, its six-month season culminating in the tangible climax of the Superbowl. It is dwarfed in spectacle however by the same suspense and dramatic finale of ...
READ MORE
Why Trump is Wrong About North Korea
When I think about North Korea, what first comes to my mind is a mist over the calm and majestic surface of the Taedong River near Pyongyang. Next I always recall two lovers, locked in a tender and almost desperate embrace, sitting side by side on the shore. I saw them every day, while taking brisk walks at dawn. Now I don’t know for sure whether they were real or just a product of my fantasy; a sad and gentle reminder of all that has been already lost, as well as of all that should have happened but never really ...
READ MORE
Americans have Forgotten What We did to North Korea
Perhaps no country on Earth is more misunderstood by Americans than North Korea. Though the country's leaders are typically portrayed as buffoonish, even silly, in fact they are deadly serious in their cruelty and skill at retaining power. Though the country is seen as Soviet-style communist, in fact it is better understood as a holdover of Japanese fascism. And there is another misconception, one that Americans might not want to hear but that is important for understanding the hermit kingdom: Yes, much of its anti-Americanism is cynically manufactured as a propaganda tool, and yes, it is often based on lies. But ...
READ MORE
The Naksa: How Israel Occupied the Whole of Palestine in 1967
More than 50 years ago, the state of Israel shocked the world when it seized the remaining Palestinian territories of the West Bank, East Jerusalem, Gaza Strip, as well as the Syrian Golan Heights and the Egyptian Sinai Peninsula, in a matter of six days. In a war with Egypt, Jordan and Syria, known as the 1967 War, or the June War, Israel delivered what came to be known as the "Naksa", meaning setback or defeat, to the armies of the neighbouring Arab countries, and to the Palestinians who lost all what remained of their homeland. The Naksa was a continuation of a ...
READ MORE
The History of Religious Intolerance
In the world before Christianity and Islam took hold far more religions and philosophies existed than do now. Around the middle of the first millennium BCE Daoism, Buddhism and Zoroastrianism began to become established and quickly spread in Asia, no doubt impacting on already long established religions of the time but without such wide-reaching repercussions. These new religions appeared in a world where a vast amount of religions already existed. The Mesopotamian religion, is the oldest known and recorded organised religion, consisting of worship of some two thousand deities. Although not explicitly tied to the state and rulers (as was the ...
READ MORE
When will the Israeli Left Accept the Occupation Started in ’48, not ’67?
One of the negative characteristics of the Israeli “Left” is how it terms the military rule over the West Bank and Gaza “The Occupation.” Part of the Left even accuses Palestinians who claim there is no difference between Petah Tikva and Ariel of being like the Right, because “that’s what the Israeli Right claims.” For most Palestinians, however, this exaggerated and Orwellian talk of “The Occupation” blurs Israel’s real shame, and the skeleton buried deep in the closet: The brutal and criminal occupation of 1948.Ethnic cleansing and massive land expropriation, and then settlement of that land, are the mother of ...
READ MORE
North Macedonia Is Being Used by NATO to Target Serbia and Russia
The North Macedonian House of Representatives unanimously approved on Monday for their country to accept the NATO Accession Protocol, taking the former Yugoslav Republic a step closer towards accession into NATO which is expected to be completed and finalized in the spring. North Macedonia’s rapid accession into NATO is only possible because of the Prespa Agreement signed between Athens and Skopje in June 2018, bringing an end to the name dispute between the two countries that emerged in 1991 with the breakup of Yugoslavia.The Prespa Agreement, named after a lake that traverses the borders of Greece, North Macedonia and Albania, defined ...
READ MORE
The Dark Side of Israeli Independence
On May 14, 1948, Israel declared its independence. Each May 15, Palestinians solemnly commemorate Nakba Day. Nakba means catastrophe, and that’s precisely what Israel’s independence has been for the more than 700,000 Arabs and their five million refugee descendants forced from their homes and into exile, often by horrific violence, to make way for the Jewish state. Land Without a People?  In the late 19th century, Zionism emerged as a movement for the reestablishment of a Jewish homeland in Palestine, then part of the Ottoman Empire. Although Jews ruled over kingdoms there more than 2,000 years ago, they never numbered more than ...
READ MORE
Proxy Wars: Kosovo and South Ossetia
Yada…yada…yada. The discussion on the unprovoked and planned aggression by Georgia on South Ossetia is futile and moot because Russian President Dmitry Medvedev announced last week that the Russian Government would recognize the independence and freedom of South Ossetia and Abkhazia. On August 25, 2008, both houses of the Russian Parliament or Duma voted unanimously to recognize the independence of both South Ossetia and Abkhazia. On August 26, 2008, Russian President Dmitry Medvedev announced that the government of the Russian Federation officially recognized the independence of South Ossetia and Abkhazia.Save your rhetoric. Georgia has lost those areas permanently. Ossetians and ...
READ MORE
Did You Know: 9/11 & Larry Silverstein
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. [wpedon id="4696" align="left"]
READ MORE
The Kurds Under Erdogan’s Tyrannical Governance
Tens of thousands have been killed over 40 years of bloodletting between Turkish forces and the Kurdistan Workers’ Party (PKK), and tragically there seems to be no end in sight. In May 2016, President Erdogan stated that military operations against the PKK will continue until “the very last rebel is killed.” What is alarming about Erdogan’s statement is that he still believes he can solve the conflict through brutal force. Erdogan does not understand that he cannot wish the Kurdish problem away—a problem that will continue to haunt him and the country for countless more decades unless a solution is ...
READ MORE
Since 9/11, the U.S. has been Involved in More than 5 Wars
Why Does America Keep “Losing” Its Wars?Below, we demonstrate that the U.S. keeps “losing” war after war.There are 3 potential reasons this might be happening: Is this chaos an intentional way to implement regime change and grab resources? Or is this a sign of the decline of the American empire … and we just can’t win a war anymore? Or do those in charge just not really give a damn about winning … and are they just focusing on one short-term goal after another?We’ll let you decide why you think this keeps happening. But if you don’t believe that the ...
READ MORE
The Note Donald Trump Left in Israel’s Western Wall
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. [wpedon id="4696" align="left"]
READ MORE
The Ghosts of World War I Circle Over Ukraine
The Tragic Declaration: Colonial Legacies, Balfour and Israel
On the Origins of Proto-Croats and Proto-Serbs
The 1915−1916 Armenian Genocide: An Ideology, Course and Consequences
Phantom Tanks and the Desperation of Kiev
Allies Raped Hundreds of Thousands of German Women after WW2
A Royal Shame: Abdullah Leaves a Legacy of Regional Militancy
The Banana Republic of America: Democracy be Damned
Why Trump is Wrong About North Korea
Americans have Forgotten What We did to North Korea
The Naksa: How Israel Occupied the Whole of Palestine in 1967
The History of Religious Intolerance
When will the Israeli Left Accept the Occupation Started in ’48, not ’67?
North Macedonia Is Being Used by NATO to Target Serbia and Russia
The Dark Side of Israeli Independence
Proxy Wars: Kosovo and South Ossetia
Did You Know: 9/11 & Larry Silverstein
The Kurds Under Erdogan’s Tyrannical Governance
Since 9/11, the U.S. has been Involved in More than 5 Wars
The Note Donald Trump Left in Israel’s Western Wall

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