Mandate for Palestine - July 24, 1922

Mandate for Palestine - July 24, 1922
Jordan is 77% of former Palestine - Israel, the West Bank (Judea and Samaria) and Gaza comprise 23%.
Showing posts with label War Crimes. Show all posts
Showing posts with label War Crimes. Show all posts

Tuesday, December 1, 2015

Gaza - Australian Politicians Duped By Dud Declaration


[Published 22 August 2014]


The Canberra Declaration on Gaza signed by 76 current and former Federal and State parliamentarians in Australia displays their total factual ignorance and political naieveté concerning the war raging between Hamas and Israel for the last six weeks.

The Declaration has been “Published courtesy of Kohram”

Kohram is a 24/7 online Hindi and English News and Views website based in Delhi, India. It offers real information relating News Analysis, World Wide News, Politics, Entertainment, Technology, Sports, Industry and Feature Articles on Education.

Australian politicians acknowledging assistance from an Indian media website seems a strange circumstance indeed.

The Declaration was created by Maiy Azize -a Canberra based health and social policy analyst. She is a parliamentary advisor in health and community services and campaigner for @GreensMPs. 21 of the Declaration’s signatories are parliamentarians representing the Greens Party.

The header image is attributed to Nakshab Khan and was featured in an article written by him for Kohram on 13 July headlined “Will Israeli Offensive Achieve Anything In Gaza?”

Khan wrote:
“Israel always justifies its aggression on the Gaza strip by blaming Hamas militants for firing crude rockets on the Jewish nation’s southern territories.”

Khan was apparently unaware that in the five weeks preceding 8 July - 234 rockets had been launched from Gaza into Israel reaching as far as Jerusalem, Tel Aviv and Hadera - sending hundreds of thousands of civilians scurrying into air raid shelters and disrupting normal life in Israel as well as threatening its tourist industry in the peak summer season.

Long range rockets such as the M-302 were employed‚ the same missiles confiscated from the KLOS-C weapons seizure.

Israel’s inherent entitlement to self-defence under article 51 of the United Nations Charter to prevent the indiscriminate firing of these rockets into Israeli population centres — each rocket an internationally acknowledged war crime — was not worth a mention in Khan’s article.

Australian politicians need to be very careful about their names being identified with a document whose origins are so murky — a Declaration that itself is deceptive and misleading in the following respects:
1. It claims to bear the signatures of members of Australian federal and state Parliaments — yet 5 of the 76 signatories are former members of those parliaments.

2. Although titled “Canberra Declaration on Gaza” and updated to 4 August it supports:
“an immediate cessation of hostilities and a ceasefire deal which includes an end to Israel’s occupation of the Palestinian territories and to the blockade of Gaza”
The Declaration ignores any reference to Hamas having rejected a cease fire deal proposed by Egypt on 16 July and accepted by Israel - and to a number of ceasefire agreements broken by Hamas since then.

The Declaration ignored the findings of the 2011 United Nations Palmer Report which found that Israel’s naval blockade of Gaza complied with the requirements of international law and recommended that Israel should continue with its efforts to ease its restrictions on movement of goods and persons to and from Gaza in accordance with Security Council resolution 1860 - all aspects of which should be implemented.

The Declaration omitted to include the following underlined words:
“We call on all Australian politicians to also support the United Nations Human Rights Council’s decision to launch an independent inquiry into purported violations of international humanitarian and human rights laws 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”

The Declaration alleged that the rockets fired into Israel were:
“imprecise” and “cannot be compared with the broad-scale bombing of Gaza by Israel”

A grossly misleading allegation indeed — echoing Nakshab Khan’s spurious claim—considering Hamas rockets were landing all over Israel — whilst Israel’s response was limited to specific targeted areas within Gaza.

The Declaration asserted that:
“Collective punishment is not permitted under the Geneva conventions and is a war crime”.

Whilst not specifically accusing Israel of perpetrating this crime — it is clear that the entire civilian population of Israel was being targeted by the broad-scale Hamas barrage of rockets — whilst large parts of Gaza’s civilian population were not being affected by Israel’s actions.

The Declaration claimed that hospitals and places of worship were among the Israeli military’s targets—but ignored mentioning that such places were used to conceal underground tunnels and weapons and their use as command centres by Hamas.

The Declaration concluded:
“The international community including Australia has a vital responsibility to put pressure on Israel to end its current military attack on Gaza and broker a solution of justice and peace.”
Why no pressure on Hamas — especially as Israel had agreed to end its military attack on Gaza three weeks previously and subsequently on a number of other occasions — only to see them broken by Hamas.

The Declaration — like Khan’s article - makes no mention of Israel’s inherent right of self defence.

Those parliamentarians who signed this Declaration have some explaining to do to their constituents.

I wrote to Senator Lee Rhiannon - one of two named parliamentarians to contact about signing this Declaration — requesting she comment on my criticisms of the Declaration.

Regrettably at the time of writing this article — no response has been received.

71 out of a possible 598 Federal and State politicians have signed — which attests to the savvy political acumen of those 527 who have refused to be duped by this dud Declaration.

Saturday, November 28, 2015

Palestine - Abbas Facing Prosecution For Aiding And Abetting War Crimes


[Published 13 July 2014]


Mahmoud Abbas — Head of the Government of National Consensus in Gaza since 2 June — faces prosecution in the international criminal justice system for aiding and abetting war crimes involving the indiscriminate firing of 384 rockets and missiles from Gaza into Israeli population centres reaching as far away as Tel Aviv and Jerusalem over the past four days.

This latest barrage — which sees no signs of ending—comes after more than 10000 similar rocket attacks on Israeli civilians from Gaza - then governed by Hamas - following Israel’s unilateral disengagement from Gaza in 2005.

Abbas and his Government now however bear primary responsibility for preventing war crimes emanating from Gazan soil.

In a prerecorded message aired on Palestine TV - Abbas said the new government was transitional. This lame excuse cannot enable Abbas to abdicate his responsibility to prevent war crimes being committed in Gaza.

Sarah Leah Whitson, Middle East director at Human Rights Watch stated in December 2012:
“There is simply no legal justification for launching rockets at populated areas.”

Human Rights Watch makes it clear that under international humanitarian law, or the laws of war, civilians and civilian structures may not be subject to deliberate attacks or attacks that do not discriminate between civilians and military targets. Anyone who commits serious laws-of-war violations intentionally or recklessly is responsible for war crimes.

Locating rocket launchers within or near densely populated civilian areas is also a war crime.

There is abundant evidence that this is occurring in Gaza right now.

Belligerents are also prohibited from using civilians to shield military objectives or operations from attack. “Shielding” refers to purposefully using the presence of civilians to render military forces or areas immune from attack.

This too is occurring in Gaza under the watchful gaze of Abbas’s Government.

Abbas as head of the ruling Government in Gaza, is obligated to uphold the laws of war and should appropriately punish those responsible for these serious violations.

Abbas is making no effort to restrain or end the commission of these war crimes.

There appears to have been no effort by Abbas or the security or police forces that he now controls in Gaza to take action to prevent the further commission of these war crimes.

Abbas has not attempted to travel to Gaza to take control of the rapidly deteriorating position Gaza finds itself in as rockets continue to be fired indiscriminately into Israeli population centres with what appears to be ever increasing intensity — inviting retaliation by Israel to defend its civilian population under article 51 of the United Nations Charter.

Abbas was clearly aware of the danger of provoking such an Israeli response to rockets being launched into Israel - as this report on 6 July made clear:
“Palestinian Authority (PA) Chairman Mahmoud Abbas spoke to the chairman of the Hamas political bureau, Khaled Meshaal, on Sunday, and asked him to calm the situation in Gaza. Abbas asked Meshaal to avoid escalation of the situation, which would give Israel an excuse to launch an operation in Gaza.

Meshaal reportedly told Abbas that he would not act to stop the rocket fire unless the PA met its financial obligations to Hamas, including paying the overdue salaries of several Hamas officials.

The PA is currently embroiled in a conflict over wages with Hamas; some 40,000 Hamas employees are not being paid backlogged wages by the newly established unity government, even while the PA’s 70,000 employees in Gaza continue to be paid.”

Abbas’s plea was made after Hamas ignored Israel’s ultimatum - made on 3 July - which called for the rocket fire to stop within 48 hours or face war.

At least fifteen rockets were fired on Israel in a 12-hour period on 5 July including two at Be’er Sheva.

Abbas clearly exercises control over the public servants in Gaza. He must immediately assert control over those presently in Gaza committing these heinous war crimes.

Abbas’s inaction in using his security and police forces to forcibly intervene to:
1. Remove rocket launchers from populated civilian areas

2. Destroy supplies of rockets

3. Prevent the manufacture of rockets

4. Prevent the importation of rockets

5. Confront, arrest and try those found launching rockets into Israel

6. End the use of “human shields”

- could result in Abbas and his Government colleagues having to face charges before the International Criminal Courts including:
1. Committing war crimes by omission

2. Aiding and abetting the commission of war crimes

3. Substantial contribution to the commission of war crimes

4. Tacit approval and encouragement of war crimes

5. Aiding and abetting war crimes by omission

6. Ending the use of “human shields”

Abbas could well follow in the footsteps of former Liberian President Charles Taylor who was found guilty on 26 April 2012 on 11 counts including aiding and abetting war crimes and crimes against humanity.

Taylor’s appeal was dismissed by the Court of The Hague on 26 September 2013.

Taylor’s case was the first concluded by an international court against a head of state since the Nazi trials at Nuremberg in 1946 convicted Admiral Karl Doenitz - who became President of Germany briefly after Adolf Hitler’s suicide.

Will the international community end its love affair with Abbas by calling for his prosecution for aiding and abetting the commission of war crimes being perpetrated in Gaza at this very moment?

The silence presently coming from the United Nations condemning Abbas is deafening.

Justice will hopefully prevail.