Israel Cannot Use Violent Self-Defense While Occupying Gaza

Share

Hits: 577

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!
Human Rights Violations: North Korea vs the U.S.
UN Third Committee Resolution L.23 IN, Legitimizes Stranglehold Economic Sanctions., Used as a Means to "Obliterate" North KoreaOn November 15, 2016 the United Nations Third Committee adopted the resolution:  “Situation of human rights in the Democratic People’s Republic of Korea".Among the co-sponsors of the Resolution were United States, United Kingdom, Ukraine, Lithuania, Poland, Romania, etc.Disassociating themselves from the resolution, which they denounced as invalid, were China, Russia, Cuba, Venezuela, Syria, and three other countries opposed to the biased character and double standards that typify “country-specific” resolutions.  The so-sponsors of this resolution are themselves guilty of  criminal human rights violations.The very ...
READ MORE
9 of the World’s 10 Least Peaceful Nations were all Targeted by U.S. Intervention
The 2017 Global Peace Index has declared Syria, Afghanistan, Iraq and South Sudan to be among the “least peaceful” countries in the world. Incidentally, all four have been targets of U.S.-led destabilization efforts that were used to pursue economic interests that suit the U.S. MINNEAPOLIS– The annual Global Peace Index, recently released for June 2017, has found that while the world is more peaceful now than last year, violence has increased significantly overall in the past decade. Although the situation has improved in many countries, the ten lowest-ranking nations – known as the world’s “least peaceful” countries – have shown little change ...
READ MORE
Top 10 Dirty Secrets of Vatican
Throughout its long history, the Catholic Church has been rocked by scandals ranging from the dissolution of the Knights Templar to Galileo’s trial to Mother Theresa’s questionable donors. Over the course of the 20th century, many more scandals have come to light—no matter how much the Church would like to keep them secret. 10. The Duplessis Orphans In the 1930s and 1940s, a conservative revolution ushered in an era in Quebec now known as “The Great Darkness.” Led by Premier Maurice Duplessis, the period was characterized by unprecedented corruption and repression, much of which involved the Catholic Church. After Duplessis received the ...
READ MORE
The US/NATO Orchestration of the 2014 Maidan Coup in Ukraine
Contents 1. NATO is born from the Bomb2. In the post-Cold War, NATO is renewed3. NATO demolishes the Yugoslav state4. NATO expands eastward to Russia5. US and NATO attack Afghanistan and Iraq6. NATO demolishes the Libyan state7. The US/NATO War to Demolish Syria8. Israel and the Emirates in NATO9. The US/NATO orchestration of the coup in Ukraine10. US/NATO escalation in Europe11.  Italy, the aircraft carrier on the war front12. US and NATO reject the UN treaty and deploy new nuclear weapons in Europe13. US and NATO sink the INF Treaty14. The Western American Empire plays the war card15. The US/NATO planetary war system16. Exiting the war system of NATO1. The operation conducted by the USA and ...
READ MORE
Libya: Ten Things about Gaddafi They don’t want You to Know
What do you think of when you hear the name Colonel Gaddafi? Tyrant? Dictator? Terrorist? Well, a national citizen of Libya may disagree but we want you to decide. For 41 years until his demise in October 2011, Muammar Gaddafi did some truly amazing things for his country and repeatedly tried to unite and empower the whole of Africa. So despite what you’ve heard on the radio, seen in the media or on the TV, Gaddafi did some powerful things that are not characteristic of a “vicious dictator” as portrayed by the western media. Here are ten things Gaddafi did for Libya that you may not know about… 1. In Libya a home is ...
READ MORE
Racism in the United States
If anyone needed another reminder that Black lives simply don’t matter in the United States of America, the police in Minneapolis have clearly demonstrated that fact.It will be a long time before I will forget the picture of Derek Chauvin kneeling on George Floyd’s neck. Even that statement is shocking. I still have not forgotten a very similar picture from 2014: a Black man on the ground being choked by a white policeman. In that earlier time, the victim was Eric Garner. His murderer, Daniel Pantaleo, faced no charges. Chauvin has been charged with third degree murder three days after ...
READ MORE
How to Keep People Passive
Origins of images: Facebook, Twitter, Wikimedia, Wikipedia, Flickr, Google, Imageinjection, Public Domain & Pinterest.Read our Disclaimer/Legal Statement!Donate to Support UsWe 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"]SaveSave
READ MORE
Impending Threat to Canadian Democracy: Harper Government’s “Anti-Terrorism Act”
The Harper government’s Bill C-51, or Anti-Terrorism Act, has been in the public domain for over a month. Long enough for us to know that it subverts basic principles of constitutional law, assaults rights of free speech and free assembly, and is viciously anti-democratic.An unprecedented torrent of criticism has been directed against this bill as the government rushes it through Parliament. This has included stern or at least sceptical editorials in all the major newspapers; an open letter, signed by four former Prime Ministers and five former Supreme Court judges, denouncing the bill for exposing Canadians to major violations of ...
READ MORE
A Nazi past of Bosnia-Herzegovina: Censored Truth in the West
Bosnia’s Nazi past and role in the genocide of Bosnian and Krajina Serbs, Jews, and Roma during World War II has long been censored and covered-up in the U.S. and the so-called West. Film footage exists, however, of the Bosnian Muslim Nazi SS troops and Imams in the Handschar and Kama Nazi SS Divisions. Bosnian Muslim Division Imam Abdulah Muhasilovic shown in 1943 during training and formation of the Bosnian Muslim Nazi SS Division Handzar Moreover, German film footage also exists of the Grand Mufti of Jerusalem, Haj Amin el Husseini, a self-proclaimed leader of the Muslim world, reviewing the Bosnian Muslim ...
READ MORE
The Disaster That Bill Clinton Created in Bosnia by Backing Muslims Against the Serbs
Two decades later Bosnia is still suffering the consequences. ISIS has declared the Balkans the next front for the Islamic Caliphate, and in remote mountain villages, Muslims are already flying the ISIS flag.Central Bosnia in 2015Russia Insider (h/t Maksim)  The Balkans is the latest arena where the West is trying to circumcise any attempt of Russia to regainits influence. This anti-Serbian resolution and initiative is the part of the broader strategy and the latest Western attempt to demonize Serbs and delegitimize pro-Russian Republic of Srpska (Serbian part of Bosnia) in an effort to forcefully centralize Bosnia and give the driving seat to ...
READ MORE
The Collapsing of Yugoslavia (1981‒1990)
Tito’s policy in the 1970s of the so-called “encourage and suppress” for the sake to struggle against politically undesirable and threatening ethnic nationalisms especially the Croat and the Serb ones appeared to be incoherent one. In another words, while some ethnic nationalisms and their ideologies were considered to be dangerous to the system and, therefore, were suppressed and their advocates were jailed or banned from employment[i] (the case, for instance, of the Serbian dissident professors from Belgrade University), other nationalisms, supposed to be non-dangerous for the regime were encouraged by the local Communist elites (for instance, the Albanian nationalism in ...
READ MORE
The American War
I was 23-years-old the first time I was arrested. It was at the Pentagon— an act of civil disobedience in protest of the U.S. war on Vietnam. My boyfriend, Jerry Rubin, and I were organizers for the National Mobilization Committee Against the War (familiarly called The Mobe).Here we call it the Vietnam War. The Vietnamese more accurately call it the American War. After all, the U.S. was the aggressor. It was our troops that landed on their soil; our planes that bombed their cities and sprayed Agent Orange; our army massacred their civilians, women and children included. Not the other ...
READ MORE
America’s Forgotten War with Mexico
America’s war of expansion over Mexico, backed by newspapers and politicians, has repercussions to the present day.Reflecting on his life while dying of throat cancer in 1885, the former US President Ulysses S. Grant said the Mexican-American War was, “the most wicked war in history. I thought so at the time, when I was a youngster, only I had not moral courage enough to resign”.Grant had first-hand experience as he himself fought in the Mexican-American War (1846-1848), then as a junior officer in his mid-20s. Less than two decades later, he rose to prominence as one of the most important ...
READ MORE
Photo Story: Muslim Albanian Islamic State of Kosovostan est. 1999
Photo evidence of Jihadization of Kosovo & Metochia by Muslim Albanians from June 1999 onward. Kosovo after June 1999 when became occupied by NATO troops became the first world's ISIS/ISIL. The EuroChristian culture of the ethnic Serbs is systematically destroyed like today in the Middle East for the reason to create pure Islamic state. At the same time Kosovo & Metochia is becoming overwhelmingly Islamized with ethnic cleansing of all non-Albanians especially of the Christian Serbs. 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 ...
READ MORE
The Criminal Actions of the Kiev Regime in East Ukraine
More than 6,400 civilians have been killed and nearly 16,000 injured as result of criminal actions of Kiev regime during the conflict in Donbass, Chairman of the Russian Investigative Committee Alexander Bastrykin said on Thursday. Also, more than 10,000 residential infrastructure facilities have been fully or partially destroyed and burnt. Since last April, more than 1 million Russian-speaking residents of Lugansk and Donetsk regions had to flee their homes, and more than 110,000 people having a refugee status have applied for the Russian citizenship. The war has been continuing. Ukrainian capital being wrapped in smoke due to a spate of regional ...
READ MORE
The Demonization of Islam
Much is being written regarding the Charlie Hebdo issue in Paris, France. I do not condone any killing but at the same time I do not support issues that violate human rights, religious freedom or freedom of speech and thoughts. Using cartoons to condemn Divine thoughts and beliefs is utterly wrong because they fall under hate crimes and not under freedom of speech as we are lied about. The perpetrators of hate continue to be protected. Islam is under attack and its adherents, the Muslims, are being targeted through provocation. In a recent article Charlie Hebdo and Tsarnaev’s trial: Cui ...
READ MORE
Secret History: The U.S. Supported and Inspired the Nazis
Unless We Learn Our History, We’re Doomed to Repeat ItPreface:  I am a patriotic American who loves  my country. I was born here, and lived here my entire life.So why do I frequently point out America’s warts?  Because – as the Founding Fathers and Supreme Court judges have explained – we can only make America better if we honestly examine her shortcomings.  After all:“Dissent is the highest form of patriotism.”Only when Americans can honestly look at our weaknesses can we become stronger. If we fail to do so, history will repeat …While Americans rightly condemn the Nazis as monstrous people, ...
READ MORE
Can Russia Survive Washington’s Attack?
It is not only American generals who are irresponsible and declare on the basis of no evidence whatsoever that “Russia is an existential threat to the United States” and also to the Baltic states, Poland, Georgia, Ukraine, and all of Europe. British generals also participate in the warmongering.  UK retired general and former NATO commander Sir Richard Shirreff, Deputy Supreme Allied Commander in Europe until 2014, has just declared that nuclear war with Russia is “entirely possible” within the year.  http://www.dailymail.co.uk/news/article-3596977/The-outbreak-nuclear-war-year-West-Putin-entirely-plausible-says-former-NATO-chief-promoting-novel-2017-war-Russia.html My loyal readers know that I, myself, have been warning for some time about the likelihood of nuclear war.  ...
READ MORE
NATO’s Role in the Recruitment of Islamic Terrorists
According to Israeli Intelligence News Source This article was first published in September 2014. Can we believe Hollande and Cameron? Evidence confirms that NATO is behind the recruitment of “jihadist terrorists  While NATO leaders in Newport Wales [September 2014] debate the Atlantic Alliance’s role “in containing a mounting militant threat in the Middle East”, it is worth recalling that in 2011 at the outset of the war in Syria,  NATO became actively involved in the recruitment of Islamic fighters. Reminiscent of the enlistment of the Mujahideen to wage the CIA’s jihad (holy war) in the heyday of the Soviet-Afghan war, NATO headquarters ...
READ MORE
Book Review: Robert Fantina, “Empire, Racism and Genocide: A History of U.S. Foreign Policy”, 2013
In its entire history, there has been very little time when the United States has been at peace. As it wages its many wars and ‘interventions’, the stated goal is always something few people could argue with: fostering democracy when a struggling people are resisting tyranny, removing threats to U.S. security, or punishing a cruel dictator for unspeakable misdeeds. Yet on closer scrutiny, these reasons are seldom valid. They simply hide the true purposes of U.S. military involvement, which are power and wealth. Starting with the barbarous destruction of Native American culture in order to gain farmlands, right through to the ...
READ MORE
Human Rights Violations: North Korea vs the U.S.
9 of the World’s 10 Least Peaceful Nations were all Targeted by U.S. Intervention
Top 10 Dirty Secrets of Vatican
The US/NATO Orchestration of the 2014 Maidan Coup in Ukraine
Libya: Ten Things about Gaddafi They don’t want You to Know
Racism in the United States
How to Keep People Passive
Impending Threat to Canadian Democracy: Harper Government’s “Anti-Terrorism Act”
A Nazi past of Bosnia-Herzegovina: Censored Truth in the West
The Disaster That Bill Clinton Created in Bosnia by Backing Muslims Against the Serbs
The Collapsing of Yugoslavia (1981‒1990)
The American War
America’s Forgotten War with Mexico
Photo Story: Muslim Albanian Islamic State of Kosovostan est. 1999
The Criminal Actions of the Kiev Regime in East Ukraine
The Demonization of Islam
Secret History: The U.S. Supported and Inspired the Nazis
Can Russia Survive Washington’s Attack?
NATO’s Role in the Recruitment of Islamic Terrorists
Book Review: Robert Fantina, “Empire, Racism and Genocide: A History of U.S. Foreign Policy”, 2013
FOLLOW US ON OUR SOCIAL PLATFORMS
Share