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Israel's bombardment of Gaza is not self-defence – it's a war crime

(UK The Sunday Times) -- ISRAEL has sought to justify its military attacks on Gaza by stating that it amounts to an act of "self-defence" as recognised by Article 51, United Nations Charter. We categorically reject this contention.

The rocket attacks on Israel by Hamas deplorable as they are, do not, in terms of scale and effect amount to an armed attack entitling Israel to rely on self-defence. Under international law self-defence is an act of last resort and is subject to the customary rules of proportionality and necessity.

The killing of almost 800 Palestinians, mostly civilians, and more than 3,000 injuries, accompanied by the destruction of schools, mosques, houses, UN compounds and government buildings, which Israel has a responsibility to protect under the Fourth Geneva Convention, is not commensurate to the deaths caused by Hamas rocket fire.

For 18 months Israel had imposed an unlawful blockade on the coastal strip that brought Gazan society to the brink of collapse. In the three years after Israel’s redeployment from Gaza, 11 Israelis were killed by rocket fire. And yet in 2005-8, according to the UN, the Israeli army killed about 1,250 Palestinians in Gaza, including 222 children. Throughout this time the Gaza Strip remained occupied territory under international law because Israel maintained effective control over it.

Israel’s actions amount to aggression, not self-defence, not least because its assault on Gaza was unnecessary. Israel could have agreed to renew the truce with Hamas. Instead it killed 225 Palestinians on the first day of its attack. As things stand, its invasion and bombardment of Gaza amounts to collective punishment of Gaza’s 1.5m inhabitants contrary to international humanitarian and human rights law. In addition, the blockade of humanitarian relief, the destruction of civilian infrastructure, and preventing access to basic necessities such as food and fuel, are prima facie war crimes.

We condemn the firing of rockets by Hamas into Israel and suicide bombings which are also contrary to international humanitarian law and are war crimes. Israel has a right to take reasonable and proportionate means to protect its civilian population from such attacks. However, the manner and scale of its operations in Gaza amount to an act of aggression and is contrary to international law, notwithstanding the rocket attacks by Hamas.

Ian Brownlie QC, Blackstone Chambers

Mark Muller QC, Bar Human Rights Committee of England and Wales

Michael Mansfield QC and Joel Bennathan QC, Tooks Chambers

Sir Geoffrey Bindman, University College, London

Professor Richard Falk, Princeton University

Professor M Cherif Bassiouni, DePaul University, Chicago

Professor Christine Chinkin, LSE

Professor John B Quigley, Ohio State University

Professor Iain Scobbie and Victor Kattan, School of Oriental and African Studies

Professor Vera Gowlland-Debbas, Graduate Institute of International and Development Studies, Geneva

Professor Said Mahmoudi, Stockholm University

Professor Max du Plessis, University of KwaZulu-Natal, Durban

Professor Bill Bowring, Birkbeck College

Professor Joshua Castellino, Middlesex University

Professor Thomas Skouteris and Professor Michael Kagan, American University of Cairo

Professor Javaid Rehman, Brunel University

Daniel Machover, Chairman, Lawyers for Palestinian Human Rights

Dr Phoebe Okawa, Queen Mary University

John Strawson, University of East London

Dr Nisrine Abiad, British Institute of International and Comparative Law

Dr Michael Kearney, University of York

Dr Shane Darcy, National University of Ireland, Galway

Dr Michelle Burgis, University of St Andrews

Dr Niaz Shah, University of Hull

Liz Davies, Chair, Haldane Society of Socialist Lawyer

Prof Michael Lynk, The University of Western Ontario

Steve Kamlish QC and Michael Topolski QC, Tooks Chambers


Added: Jan-11-2009 Occurred On: Jan-10-2009
By: red_pill
In:
Middle East
Tags: war crime, israel, gaza
Marked as: approved
Views: 9404 | Comments: 46 | Votes: 4 | Favorites: 0 | Shared: 0 | Updates: 0 | Times used in channels: 1
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  • We condemn the firing of rockets by Hamas into Israel and suicide bombings which are also contrary to international humanitarian law and are war crimes. Israel has a right to take reasonable and proportionate means to protect its civilian population from such attacks. However, the manner and scale of its operations in Gaza amount to an act of aggression and is contrary to international law, notwithstanding the rocket attacks by Hamas.

    so it's ok to rocket and bomb the jews but if they do the sa More..

    Posted Jan-11-2009 By 

    (7)

    • Israel has employed a form of collective punishment on the citizens of Gaza since before Hamas came to power - that of a seige. In 2008, 250 Gazan citizens died due to the blockade of medical supplies imposed by Israel. Although I don't condone rocket attacks, they are arguably justified since ISrael is blockading Gaza, assassinating Hamas leaders etc. Hamas has a military wing but Israel targets others as well.

      Posted Jan-11-2009 By 

      (-5)

    • Lemme help you out here son.

      When they say they condemn Hamas rockets, it means its not OK.

      Posted Jan-11-2009 By 

      (0)

  • Lol like Hamas isn't indicative of war crimes?
    If the palestinian people really wanted peace they would kick their retard government out.

    Posted Jan-11-2009 By 

    (6)

  • The U.S. House of Representatives on Friday passed a resolution "recognizing Israel's right to defend itself against attacks from Gaza" by a majority of 390-5.

    When the United States speaks, the world actually takes notice.

    Damn that horribly useless United Nations.

    Posted Jan-11-2009 By 

    (5)

    • Comment of user '' has been deleted by moderator!
    • You've got the wrong flag in your avatar.

      Either that, or you've got the wrong one
      next to your name.

      Posted Jan-14-2009 By 

      (0)

  • You are going to have to tell your list of derelicts that we don't care if they oppose Israel military force.

    The proportionality argument is crap.

    Go ahead and name your professors, doctors and ass hats.

    For every person you find that supports your cause I can find nine that don't.

    The middle east is going to "change".

    By Force... We have had enough of your myopic understanding of the world.

    Most of the people that live in middle east live under dictators that will never tell t More..

    Posted Jan-11-2009 By 

    (5)

  • Comment of user '' has been deleted by moderator!
  • Is there anything that's NOT a "War Crime" any more?
    It's called "war" and not "fun & games" for a reason.

    It's ridiculous to see you quoting from the
    U.N. handbook like a holy roller with his bible.

    I don't know what you'd do if a real war ever came along.

    Posted Jan-11-2009 By 

    (4)

    • Comment of user 'justDOit70' has been deleted by moderator!
    • Maybe you missed the opening sentence. "ISRAEL has sought to justify its military attacks on Gaza by stating that it amounts to an act of "self-defence" as recognised by Article 51, United Nations Charter"

      Posted Jan-11-2009 By 

      (-7)

    • Then I suppose the Hamas fighters should stay out of the civilian areas. Maybe launch there rockets from designated sites, where they can be more easily shelled without civilians being in the area?

      Israel has immense firepower. If they chose to purposely target Palestinian civilans on a daily basis, they could 10,000 per day without breaking
      a sweat.

      It's called war. 41 MILLION civilans died during WW2. This little skirmish is barely a footnote in history.

      Posted Jan-11-2009 By 

      (4)

  • that lot must be terrified every morning that a rocket will kill them and their families as they eat their toast and read the Guardian in St Johns Wood

    Posted Jan-11-2009 By 

    (4)

  • Yours or Theirs? What would you do. Risk your home being blown up, or blow up someone else s home? By the way that person is trying to bomb your home. No shit its war....

    Posted Jan-11-2009 By 

    (0)

  • All war is criminal, and a reality nonetheless.

    Posted Jan-11-2009 By 

    (0)

  • genocide
    the deliberate and systematic destruction of a racial, political, or cultural group
    www.merriam-webster.com/dictionary/genocide

    Posted Jan-11-2009 By 

    (0)

    • Genocide? haha. The evil terrorist ORGANISATION going by the name of Hamas hides amongst their civilian population and uses ambulances for troop transport.

      Posted Jan-11-2009 By 

      (-1)

    • Comment of user 'red_pill' has been deleted by moderator!
    • IDF was founded from terrorist gangs.

      you accuse hamas of using ambulances to transport troops? can you prove it?
      http://www.liveleak.com/view?i=f7a_1231650861

      Posted Jan-11-2009 By 

      (0)

    • I'm sure even you can see the folly of including "political" in the definition.

      Posted Jan-11-2009 By 

      (1)

    • Comment of user 'Anarhos' has been deleted by moderator!
  • Comment of user 'bacongrease' has been deleted by moderator!
  • Hamas's bombardment of Israel is not self defence %u2013 it's a war crime

    Posted Jan-12-2009 By 

    (-1)

  • Cry me a river!

    Israel should intensify their campaign till there is nothing left of Hamas.

    Posted Jan-11-2009 By 

    (-1)

    • There are around 15-20k enlisted in the Hamas military. After 15 days Israel has killed or wounded a few hundred of them. The head of the UN general assembly is looking at forming a war crimes tribunal. The Gazan population support resistance, even the ones that don't support Hamas but Hamas is all they have right now.... cut a long story short, Israel's "unbreakable" military is being broken.

      Posted Jan-11-2009 By 

      (1)

    • Comment of user 'bacongrease' has been deleted by moderator!
    • broken by lots of things. imo the spirit of the palestinian people is numero uno on the list.

      Posted Jan-11-2009 By 

      (0)

  • Israel's bombardment of Gaza is self-defence.
    It's just swatting an annoying little bunch of monkeys that won't stop biting its children.
    Inevitable, really.

    Hamas's argument that the bombardment is a war crime because they're not fucking about this time is garbage. Previous measured approaches have failed. The monkeys keep biting.

    Posted Jan-11-2009 By 

    (-2)

  • genocide
    n. The systematic and planned extermination of an entire national, racial, political, or ethnic group.

    http://dictionary.reference.com/browse/genocide

    Posted Jan-11-2009 By 

    (-2)