12 july 2014
The Gaza Ministry of Health reports the following statistics as at 1900 hours on Saturday 12 July:
Deaths: 135 – 21 children, 8 over 60 years
Injuries: 1,017 – 203 children, 32 over 60 years
Israeli Aggression Against Medical Staff
Dr. Anas Abu Alkkas – Killed by Israeli airstrike,
Mohammed Al Najjar – nurse, injured
Nader Al Buhasay – ambulance officer, injured
Damages to primary Health Care centers
Al Fakhari
Beach
Al attatrah
Ashi clinic
10 Centers closed
Hospitals Attacked
European Gaza
Al Wafa
Ambulances
Three ambulances destroyed and damaged in Ambulance Center
Deaths: 135 – 21 children, 8 over 60 years
Injuries: 1,017 – 203 children, 32 over 60 years
Israeli Aggression Against Medical Staff
Dr. Anas Abu Alkkas – Killed by Israeli airstrike,
Mohammed Al Najjar – nurse, injured
Nader Al Buhasay – ambulance officer, injured
Damages to primary Health Care centers
Al Fakhari
Beach
Al attatrah
Ashi clinic
10 Centers closed
Hospitals Attacked
European Gaza
Al Wafa
Ambulances
Three ambulances destroyed and damaged in Ambulance Center
The Ministry of Foreign Affairs presented to the meeting of the executive committee of the Organization of Islamic Cooperation held Thursday in Jeddah the following fact sheet on the ongoing Israeli aggression in Palestine Since June 13, 2014:
The latest Israeli military aggression in Occupied Palestine, which began on 13 June, had already claimed the lives of 14 Palestinians, including 3 children, when Israel launched repeated and murderous airstrikes against the Gaza Strip that are still ongoing, decimating entire families, and killing 82 Palestinians, including 14 children.
This situation, and the ongoing war crimes and crimes against humanity Israel, the occupying power is committing, require immediate international intervention to protect the Palestinian people from this terrible aggression and such genocidal acts.
During this period, Israel also arbitrarily arrested at least 900 Palestinians, including minors and elected members of the Palestinian Legislative Council.
This aggression is the continuation of the systematic policy of oppression and collective punishment against the Palestinian people, with far-reaching consequences. The international community has a duty to intervene and exert all efforts to put an immediate end to these grave breaches and violations and provide the Palestinian people with protection. They also have a duty to hold Israel, the occupying Power, accountable for its crimes. This Israeli aggression aims at undermining Palestinian national unity and institutions, as well as diverting international attention away from the belligerent Israeli occupation and Israeli government’s unwillingness to engage in meaningful negotiations based on international law.
Israeli aggression since the 13th of June
Killings: 138, including 124, in the ongoing criminal assault against the Gaza Strip
Injuries: over 800
Raids: over 850
Arrests: over 900
Flying Checkpoints: 504
Settlers Attacks: 160
Military Raids, attacks and incursions
Israeli occupation forces have conducted incursions in nearly all Palestinian cities, resulting in confrontations with the Palestinian civilian population. During said incursions, Israeli occupation forces invaded hundreds of Palestinian homes, raided university campuses, attacked media and civil society institutions. As of the 6th of July, Israeli launched a criminal assault against the Palestinian people in the Gaza Strip bombing residential homes and killing entire families, in hundreds of military raids.
Palestinians killed and injured
Between the 13th of June and the 5th of July, 10 Palestinians were killed in the West Bank, including Jerusalem. 9 were killed by Israeli occupation forces, and Mohammad Abu Khudair, was abducted, tortured and killed by terrorist settlers’ groups in Jerusalem. During the same period, Israeli occupation forces killed 4 Palestinians in the Gaza Strip. Israel, the occupying power, launched on the 6th of July a massive and criminal assault against the Palestinian people in the Gaza Strip, killing over 82 Palestinians, including 14 children, and injuring over 500 Palestinians. These war crimes of terrible magnitude are reminiscent of the previous aggressions against the Palestinian people in the Gaza Strip in 2008-2009 and in 2012, and a reminder of the international community’s failure to uphold its obligation to protect the Palestinian civilian population, to ensure respect for international law and hold Israel accountable for its crimes.
- Since the 6th of June, Israel intensified its deadly airstrikes against the Gaza Strip, killing over 75 Palestinians, including 13 children. Entire families were killed in the bombing of their homes.
- On 2 July, Mohammad Abu Khudair, 15 years old, was abducted, tortured, burned and killed by Israeli settlers’ terrorist groups.
- Israeli forces raided the city of Jenin, and its refugee camp, confrontations took place where Israeli occupation forces shot, and killed Yousef Ibraheem Abu Zaga.
- On 29 June, Israeli drones launched missiles, killing Mohammad Abu Rizq in Khan Younes in the Gaza Strip, and injuring 2 others.
- On 27 June, Israeli drones launched missiles towards a vehicle extra-judicially killing, Mohammad Fassih and Osama Al-Husami, near Al-Shat’e refugee camp in Gaza.
- On 26 June, Israeli occupation forces raided Al-Urub camp, clashed with residents in Sa’ir as they stormed and searched several homes and as a result a 65 year old resident, Fatima Rushdi, suffered a heart attack and died following the attack on her home. 9 residents were also injured.
- On 25 June, Mustafa Aslan died of serious injuries sustained during clashes with Israeli occupation forces in Qalandiya camp, north of Jerusalem.
- On 22 June, Israeli occupation forces raided the city of Nablus and the refugee camps of Balata and Al Ain raiding and searching homes. Israeli Forces shot fire and killed Ahmad Khaled.
- On 22 June, Mahmoud Tarifi, 30 years old, was killed in Ramallah.
- On 22 June, Israeli occupation forces raided the city of Ramallah, and El Bireh, and confrontations took place where Israeli occupation forces shot fire killing Muhammad Ismael, and injuring 6 others.
- On 21 June, Israeli occupation forces raided the village of Hares and stormed dozens of homes during which Jameel Ali Suf, 60 years old, died after Israeli forces prevented paramedics from getting him to hospital after he suffered a heart attack during the raid on his house.
- On 20 June, Israeli occupation forces raided the town of Dura, south of Hebron, shot, and killed the child Muhammad Dodeen, 14 years old.
- On 16 June, Israeli occupation forces raided the Jalazoun Camp, near Ramallah, and confrontations took place where Israeli Forces shot fire resulting in the killing of Ahmad Samada’, and injuring 4 others.
- On 14 June, the child Ali Al- Awour, 10 years old, died as a result of his injury sustained during an Israeli air strike (on June 11th, 2014) near Al Sudania, West of Beit Lahia.
Settlers’ attacks
Over 160 settler attacks have been recorded since the 13th of June. Settlers’ attacks intensified in recent days culminating with the abduction, torture, burning and killing of the 15 year old boy Mohammad ِAbu Khudair. These settlers’ attacks, while taking place without interruption throughout the West Bank, have targeted Palestinian civilians, particularly in occupied Jerusalem.
Arbitrary arrests
Since the start of the latest Israeli aggression:
Over 900 Palestinians have been arrested. These include:
- 60 released prisoners in the exchange deal of 2011. These include 11 pre-Oslo prisoners, thus bringing up the number of pre-Oslo prisoners to 41.
- 12 Members of Parliament, bringing the number of imprisoned parliamentarians to 23. This constitutes a blatant attack against the elected representatives of the people, against Palestinian democracy and the people’s will.
- Around 170 of the Palestinians detained in the last two weeks are now held under administrative detention, the worst form of arbitrary detention, bringing the number of administrative detainees to over 350.
This wide arrest campaign brings to over 6000 the number of Palestinian currently imprisoned by Israel.
Conclusion
Israel, the occupying Power, is fully responsible for the escalation in the region, and its criminal assault and actions against the Palestinian people in the Gaza Strip constitute war crimes and crimes against humanity. We call for immediate international protection for the Palestinian people before more lives are lost.
The occupying Power also continues to recklessly incite further violence against Palestinian civilians, resulting in the grave escalation of acts of terror and racist hate crimes by illegal Israeli settlers and occupation forces, as well as other Israeli extremists against Palestinian civilians, including children. Israel’s consistent policy of constructing settlements inside the Occupied Palestinian Territory, including East Jerusalem, in grave contravention of international law, is the source of tension and continued violence. The occupying Power continues to encourage the impunity with which these crimes are committed by refusing to hold perpetrators of hate crimes against Palestinians responsible for their crimes.
The international community, especially the United Nations, notably the Security Council, must assume its responsibilities as Israel, the occupying Power, continue its aggression, wrecking death, destruction and terror on the Palestinian people under its occupation. The international community has an obligation to intervene at once to stop the war crimes and crimes against humanity Israel is committing in the Gaza Strip and to hold Israel accountable for these crimes, and to actively work to achieve the long overdue end to Israeli occupation and the realization of the Palestinian people’s inalienable right to self-determination and independence.
Annex 1
List of Palestinian martyrs in the ongoing Israeli aggression against the Palestinian people in the Gaza Strip
Check our updated list of names of everyone killed in Gaza:
Annex 2
Names of imprisoned parliamentarians and re-arrested prisoners
List of imprisoned Members of Parliament
1) Marwan Barghouthi, first Member of Parliament to be abducted in 2002 and the most prominent Palestinian prisoner. Spent 19 years in Israeli jails, including the last 12 years.
2) Ahmed Sa’adat, Secretary General of the Popular Front for the Liberation of Palestine. Abducted from Jericho prison in 2006 in violation of an international agreement.
3) Ahmad Atoun, (Jerusalem), held for years in administrative detention and now Israel, the occupying Power, is contemplating presenting an accusation list against him
4) Mahmoud Ramahi, elected Secretary of the Palestinian Legislative Council in 2006, administrative detention
5) Abdel-Jaber Foqaha, (Ramallah), administrative detention
6) Mohammad Jamal, (Al-Khalil), administrative detention
7) Hatem Qufaisha, (Al-Khalil), administrative detention
8) Nizar Ramadan, (Al-Khalil), administrative detention
9) Mohammad Badr, (Al-Khalil), administrative detention
10) Mohammad Abu Teir, (Jerusalem), administrative detention
11) Yasser Mansour, (Nablus), administrative detention
MPs arrested during the ongoing Israeli aggression
12) Aziz Dweik, (Al-Khalil), elected Speaker of the Palestinian Legislative Council in 2006
13) Hassan Youssef, (Ramallah), administrative detention
14) Ahmad Totah, (Jerusalem), administrative detention
15) Abdelrahman Zeidan, (Tulkarem)
16) Ibrahim Abou Salem, (Jerusalem), administrative detention
17) Housni El-Bourini, (Nablus)
18) Azzam Salhab, (Al-Khalil), administrative detention
19) Ayman Daraghmeh, (Ramallah), administrative detention
20) Ahmad Mubarak, (Ramallah), administrative detention
21) Anwar Zboun (Bethlehem)
22) Khaled Tafesh (Bethlehem)
23) Imad Nofal (Qalqilya)
Former Ministers Wasfi Qubaha and Khaled Abu Arafeh were also placed in administrative detention.
List of the prisoners released in the 2011 exchange deal who have been arrested in the last two weeks
The latest Israeli military aggression in Occupied Palestine, which began on 13 June, had already claimed the lives of 14 Palestinians, including 3 children, when Israel launched repeated and murderous airstrikes against the Gaza Strip that are still ongoing, decimating entire families, and killing 82 Palestinians, including 14 children.
This situation, and the ongoing war crimes and crimes against humanity Israel, the occupying power is committing, require immediate international intervention to protect the Palestinian people from this terrible aggression and such genocidal acts.
During this period, Israel also arbitrarily arrested at least 900 Palestinians, including minors and elected members of the Palestinian Legislative Council.
This aggression is the continuation of the systematic policy of oppression and collective punishment against the Palestinian people, with far-reaching consequences. The international community has a duty to intervene and exert all efforts to put an immediate end to these grave breaches and violations and provide the Palestinian people with protection. They also have a duty to hold Israel, the occupying Power, accountable for its crimes. This Israeli aggression aims at undermining Palestinian national unity and institutions, as well as diverting international attention away from the belligerent Israeli occupation and Israeli government’s unwillingness to engage in meaningful negotiations based on international law.
Israeli aggression since the 13th of June
Killings: 138, including 124, in the ongoing criminal assault against the Gaza Strip
Injuries: over 800
Raids: over 850
Arrests: over 900
Flying Checkpoints: 504
Settlers Attacks: 160
Military Raids, attacks and incursions
Israeli occupation forces have conducted incursions in nearly all Palestinian cities, resulting in confrontations with the Palestinian civilian population. During said incursions, Israeli occupation forces invaded hundreds of Palestinian homes, raided university campuses, attacked media and civil society institutions. As of the 6th of July, Israeli launched a criminal assault against the Palestinian people in the Gaza Strip bombing residential homes and killing entire families, in hundreds of military raids.
Palestinians killed and injured
Between the 13th of June and the 5th of July, 10 Palestinians were killed in the West Bank, including Jerusalem. 9 were killed by Israeli occupation forces, and Mohammad Abu Khudair, was abducted, tortured and killed by terrorist settlers’ groups in Jerusalem. During the same period, Israeli occupation forces killed 4 Palestinians in the Gaza Strip. Israel, the occupying power, launched on the 6th of July a massive and criminal assault against the Palestinian people in the Gaza Strip, killing over 82 Palestinians, including 14 children, and injuring over 500 Palestinians. These war crimes of terrible magnitude are reminiscent of the previous aggressions against the Palestinian people in the Gaza Strip in 2008-2009 and in 2012, and a reminder of the international community’s failure to uphold its obligation to protect the Palestinian civilian population, to ensure respect for international law and hold Israel accountable for its crimes.
- Since the 6th of June, Israel intensified its deadly airstrikes against the Gaza Strip, killing over 75 Palestinians, including 13 children. Entire families were killed in the bombing of their homes.
- On 2 July, Mohammad Abu Khudair, 15 years old, was abducted, tortured, burned and killed by Israeli settlers’ terrorist groups.
- Israeli forces raided the city of Jenin, and its refugee camp, confrontations took place where Israeli occupation forces shot, and killed Yousef Ibraheem Abu Zaga.
- On 29 June, Israeli drones launched missiles, killing Mohammad Abu Rizq in Khan Younes in the Gaza Strip, and injuring 2 others.
- On 27 June, Israeli drones launched missiles towards a vehicle extra-judicially killing, Mohammad Fassih and Osama Al-Husami, near Al-Shat’e refugee camp in Gaza.
- On 26 June, Israeli occupation forces raided Al-Urub camp, clashed with residents in Sa’ir as they stormed and searched several homes and as a result a 65 year old resident, Fatima Rushdi, suffered a heart attack and died following the attack on her home. 9 residents were also injured.
- On 25 June, Mustafa Aslan died of serious injuries sustained during clashes with Israeli occupation forces in Qalandiya camp, north of Jerusalem.
- On 22 June, Israeli occupation forces raided the city of Nablus and the refugee camps of Balata and Al Ain raiding and searching homes. Israeli Forces shot fire and killed Ahmad Khaled.
- On 22 June, Mahmoud Tarifi, 30 years old, was killed in Ramallah.
- On 22 June, Israeli occupation forces raided the city of Ramallah, and El Bireh, and confrontations took place where Israeli occupation forces shot fire killing Muhammad Ismael, and injuring 6 others.
- On 21 June, Israeli occupation forces raided the village of Hares and stormed dozens of homes during which Jameel Ali Suf, 60 years old, died after Israeli forces prevented paramedics from getting him to hospital after he suffered a heart attack during the raid on his house.
- On 20 June, Israeli occupation forces raided the town of Dura, south of Hebron, shot, and killed the child Muhammad Dodeen, 14 years old.
- On 16 June, Israeli occupation forces raided the Jalazoun Camp, near Ramallah, and confrontations took place where Israeli Forces shot fire resulting in the killing of Ahmad Samada’, and injuring 4 others.
- On 14 June, the child Ali Al- Awour, 10 years old, died as a result of his injury sustained during an Israeli air strike (on June 11th, 2014) near Al Sudania, West of Beit Lahia.
Settlers’ attacks
Over 160 settler attacks have been recorded since the 13th of June. Settlers’ attacks intensified in recent days culminating with the abduction, torture, burning and killing of the 15 year old boy Mohammad ِAbu Khudair. These settlers’ attacks, while taking place without interruption throughout the West Bank, have targeted Palestinian civilians, particularly in occupied Jerusalem.
Arbitrary arrests
Since the start of the latest Israeli aggression:
Over 900 Palestinians have been arrested. These include:
- 60 released prisoners in the exchange deal of 2011. These include 11 pre-Oslo prisoners, thus bringing up the number of pre-Oslo prisoners to 41.
- 12 Members of Parliament, bringing the number of imprisoned parliamentarians to 23. This constitutes a blatant attack against the elected representatives of the people, against Palestinian democracy and the people’s will.
- Around 170 of the Palestinians detained in the last two weeks are now held under administrative detention, the worst form of arbitrary detention, bringing the number of administrative detainees to over 350.
This wide arrest campaign brings to over 6000 the number of Palestinian currently imprisoned by Israel.
Conclusion
Israel, the occupying Power, is fully responsible for the escalation in the region, and its criminal assault and actions against the Palestinian people in the Gaza Strip constitute war crimes and crimes against humanity. We call for immediate international protection for the Palestinian people before more lives are lost.
The occupying Power also continues to recklessly incite further violence against Palestinian civilians, resulting in the grave escalation of acts of terror and racist hate crimes by illegal Israeli settlers and occupation forces, as well as other Israeli extremists against Palestinian civilians, including children. Israel’s consistent policy of constructing settlements inside the Occupied Palestinian Territory, including East Jerusalem, in grave contravention of international law, is the source of tension and continued violence. The occupying Power continues to encourage the impunity with which these crimes are committed by refusing to hold perpetrators of hate crimes against Palestinians responsible for their crimes.
The international community, especially the United Nations, notably the Security Council, must assume its responsibilities as Israel, the occupying Power, continue its aggression, wrecking death, destruction and terror on the Palestinian people under its occupation. The international community has an obligation to intervene at once to stop the war crimes and crimes against humanity Israel is committing in the Gaza Strip and to hold Israel accountable for these crimes, and to actively work to achieve the long overdue end to Israeli occupation and the realization of the Palestinian people’s inalienable right to self-determination and independence.
Annex 1
List of Palestinian martyrs in the ongoing Israeli aggression against the Palestinian people in the Gaza Strip
Check our updated list of names of everyone killed in Gaza:
Annex 2
Names of imprisoned parliamentarians and re-arrested prisoners
List of imprisoned Members of Parliament
1) Marwan Barghouthi, first Member of Parliament to be abducted in 2002 and the most prominent Palestinian prisoner. Spent 19 years in Israeli jails, including the last 12 years.
2) Ahmed Sa’adat, Secretary General of the Popular Front for the Liberation of Palestine. Abducted from Jericho prison in 2006 in violation of an international agreement.
3) Ahmad Atoun, (Jerusalem), held for years in administrative detention and now Israel, the occupying Power, is contemplating presenting an accusation list against him
4) Mahmoud Ramahi, elected Secretary of the Palestinian Legislative Council in 2006, administrative detention
5) Abdel-Jaber Foqaha, (Ramallah), administrative detention
6) Mohammad Jamal, (Al-Khalil), administrative detention
7) Hatem Qufaisha, (Al-Khalil), administrative detention
8) Nizar Ramadan, (Al-Khalil), administrative detention
9) Mohammad Badr, (Al-Khalil), administrative detention
10) Mohammad Abu Teir, (Jerusalem), administrative detention
11) Yasser Mansour, (Nablus), administrative detention
MPs arrested during the ongoing Israeli aggression
12) Aziz Dweik, (Al-Khalil), elected Speaker of the Palestinian Legislative Council in 2006
13) Hassan Youssef, (Ramallah), administrative detention
14) Ahmad Totah, (Jerusalem), administrative detention
15) Abdelrahman Zeidan, (Tulkarem)
16) Ibrahim Abou Salem, (Jerusalem), administrative detention
17) Housni El-Bourini, (Nablus)
18) Azzam Salhab, (Al-Khalil), administrative detention
19) Ayman Daraghmeh, (Ramallah), administrative detention
20) Ahmad Mubarak, (Ramallah), administrative detention
21) Anwar Zboun (Bethlehem)
22) Khaled Tafesh (Bethlehem)
23) Imad Nofal (Qalqilya)
Former Ministers Wasfi Qubaha and Khaled Abu Arafeh were also placed in administrative detention.
List of the prisoners released in the 2011 exchange deal who have been arrested in the last two weeks
|
Re-arrested pre-Oslo prisoners
1. Nael Barghouthi 2. Nidal Zaloum 3. Abd El-Men’em Othman To’meh 4. Majdi Atieh Suleiman ‘Ajouli 5. Ayed Khalil 6. Samer El-Mahroum 7. Alaa El-Bazyan 8. Adnan Maragha 9. Ibrahim Mesh’aal 10. Nasser Abedrabbo 11. Othman Musleh Others 12. Safwan Al-‘Ewaiwi 13. Rabee’ Barghouthi 14. Suleiman Abu Eid 15. Ibrahim Shalash 16. Ibrahim Al-Masri 17. Zuheir Sakafi |
18. Ahmad Al-‘awawdeh
19. Bassam Na’im Al-Natsheh 20. Mahmoud Al-Swaiti 21. Mu’amar Al-Ja’bari 22. Khaled Makhamra 23. Abbas Shabaneh 24. Rasmi Maharik 25. Nayef Shawamreh 26. Na’eem Masalmeh 27. Mu’az Abu Rmouz 28. Amer Moqbel 29. Ashraf Al-Wawi 30. Muhamad Barakat 31. Moayad Jalad 32. Ya’koub Al-Kilani 33. Aref Fakhouri 34. Waheeb Abu Al-Rob 35. Muhamad Saleh El-Rishek 36. Mu’amar Ghawadra 37. Imad Mussa 38. Abdelrahman Salah 39. Ashraf Abu El-Rob |
40. Wael Jalboush
41. Nidal Abdelhaq 42. Taha Al-Shakhsheer 43. Zaher Khatatbeh 44. Hamza Abu Arkoub 45. Mahdi El-Assi 46. Shadi Zayed 47. Ibrahim Salim 48. Jamal Abu Saleh 49. Isama’il Hijazi 50. Rajab Tahan 51. Samer Issawi 52. Khader Radee 53. Imad Fatouni 54. Muhamad Issa Awad 55. Suleiman Abu Seif 56. Amjad Abdelkarim Khaldi 57. Ahmad Hamad 58. Khaled Ghizan 59. Bushra Al-Taweel 60. Nizar Taqatqa 61. Nayef Radwan |
by Noura Erakat.
On the fourth day of Israel's most recent onslaught against Gaza's Palestinian population, President Barack Obama declared, “No country on Earth would tolerate missiles raining down on its citizens from outside its borders.” In an echo of Israeli officials, he sought to frame Israel's aerial missile strikes against the 360-square kilometer Strip as the just use of armed force against a foreign country.
Israel's ability to frame its assault against territory it occupies as a right of self-defense turns international law on its head.
A state cannot simultaneously exercise control over territory it occupies and militarily attack that territory on the claim that it is “foreign” and poses an exogenous national security threat. In doing precisely that, Israel is asserting rights that may be consistent with colonial domination but simply do not exist under international law.
Admittedly, the enforceability of international law largely depends on voluntary state consent and compliance. Absent the political will to make state behavior comport with the law, violations are the norm rather than the exception. Nevertheless, examining what international law says with regard to an occupant’s right to use force is worthwhile in light of Israel's deliberate attempts since 1967 to reinterpret and transform the laws applicable to occupied territory. These efforts have expanded significantly since the eruption of the Palestinian uprising in 2000, and if successful, Israel’s reinterpretation would cast the law as an instrument that protects colonial authority at the expense of the rights of civilian non-combatants.
Israel Has A Duty To Protect Palestinians Living Under Occupation
Military occupation is a recognized status under international law and since 1967, the international community has designated the West Bank and the Gaza Strip as militarily occupied. As long as the occupation continues, Israel has the right to protect itself and its citizens from attacks by Palestinians who reside in the occupied territories. However, Israel also has a duty to maintain law and order, also known as “normal life,” within territory it occupies. This obligation includes not only ensuring but prioritizing the security and well-being of the occupied population. That responsibility and those duties are enumerated in Occupation Law.
Occupation law is part of the laws of armed conflict; it contemplates military occupation as an outcome of war and enumerates the duties of an occupying power until the peace is restored and the occupation ends. To fulfill its duties, the occupying power is afforded the right to use police powers, or the force permissible for law enforcement purposes. As put by the U.S. Military Tribunal during the Hostages Trial (The United States of America vs. Wilhelm List, et al.)
International Law places the responsibility upon the commanding general of preserving order, punishing crime, and protecting lives and property within the occupied territory. His power in accomplishing these ends is as great as his responsibility.
The extent and breadth of force constitutes the distinction between the right to self-defense and the right to police. Police authority is restricted to the least amount of force necessary to restore order and subdue violence. In such a context, the use of lethal force is legitimate only as a measure of last resort. Even where military force is considered necessary to maintain law and order, such force is circumscribed by concern for the civilian non-combatant population. The law of self-defense, invoked by states against other states, however, affords a broader spectrum of military force. Both are legitimate pursuant to the law of armed conflict and therefore distinguished from the peacetime legal regime regulated by human rights law.
When It Is Just To Begin To Fight
The laws of armed conflict are found primarily in the Hague Regulations of 1907, the Four Geneva Conventions of 1949, and their Additional Protocols I and II of 1977. This body of law is based on a crude balance between humanitarian concerns on the one hand and military advantage and necessity on the other. The post-World War II Nuremberg trials defined military exigency as permission to expend “any amount and kind of force to compel the complete submission of the enemy…” so long as the destruction of life and property is not done for revenge or a lust to kill. Thus, the permissible use of force during war, while expansive, is not unlimited..
In international law, self-defense is the legal justification for a state to initiate the use of armed force and to declare war. This is referred to as jus ad bellum—meaning “when it is just to begin to fight.” The right to fight in self-defense is distinguished from jus in bello, the principles and laws regulating the means and methods of warfare itself. Jus ad bellum aims to limit the initiation of the use of armed force in accordance with United Nations Charter Article 2(4); its sole justification, found in Article 51, is in response to an armed attack (or an imminent threat of one in accordance with customary law on the matter). The only other lawful way to begin a war, according to Article 51, is with Security Council sanction, an option reserved—in principle, at least—for the defense or restoration of international peace and security.
Once armed conflict is initiated, and irrespective of the reason or legitimacy of such conflict, the jus in bellolegal framework is triggered. Therefore, where an occupation already is in place, the right to initiate militarized force in response to an armed attack, as opposed to police force to restore order, is not a remedy available to the occupying state. The beginning of a military occupation marks the triumph of one belligerent over another. In the case of Israel, its occupation of the West Bank, the Gaza Strip, the Golan Heights, and the Sinai in 1967 marked a military victory against Arab belligerents.
Occupation Law prohibits an occupying power from initiating armed force against its occupied territory. By mere virtue of the existence of military occupation, an armed attack, including one consistent with the UN Charter, has already occurred and been concluded. Therefore the right of self-defense in international law is, by definition since 1967, not available to Israel with respect to its dealings with real or perceived threats emanating from the West Bank and Gaza Strip population. To achieve its security goals, Israel can resort to no more than the police powers, or the exceptional use of militarized force, vested in it by IHL. This is not to say that Israel cannot defend itself—but those defensive measures can neither take the form of warfare nor be justified as self-defense in international law. As explained by Ian Scobbie:
To equate the two is simply to confuse the legal with the linguistic denotation of the term ”defense.“ Just as ”negligence,“ in law, does not mean ”carelessness” but, rather, refers to an elaborate doctrinal structure, so ”self-defense” refers to a complex doctrine that has a much more restricted scope than ordinary notions of ”defense.“
To argue that Israel is employing legitimate “self-defense” when it militarily attacks Gaza affords the occupying power the right to use both police and military force in occupied territory. An occupying power cannot justify military force as self-defense in territory for which it is responsible as the occupant. The problem is that Israel has never regulated its own behavior in the West Bank and Gaza as in accordance with Occupation Law.
Israel’s Attempts To Change International Law
Since the beginning of its occupation in 1967, Israel has rebuffed the applicability of international humanitarian law to the Occupied Palestinian Territory (OPT). Despite imposing military rule over the West Bank and Gaza, Israel denied the applicability of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War (the cornerstone of Occupation Law). Israel argued because the territories neither constituted a sovereign state nor were sovereign territories of the displaced states at the time of conquest, that it simply administered the territories and did not occupy them within the meaning of international law. The UN Security Council, the International Court of Justice, the UN General Assembly, as well as the Israeli High Court [PDF] of Justice have roundly rejected the Israeli government’s position. Significantly, the HCJ recognizes the entirety of the Hague Regulations and provisions of the 1949 Geneva Conventions that pertain to military occupation as customary international law.
Israel’s refusal to recognize the occupied status of the territory, bolstered by the US’ resilient and intransigent opposition to international accountability within the UN Security Council, has resulted in the condition that exists today: prolonged military occupation. Whereas the remedy to occupation is its cessation, such recourse will not suffice to remedy prolonged military occupation. By virtue of its decades of military rule, Israel has characterized all Palestinians as a security threat and Jewish nationals as their potential victims, thereby justifying the differential, and violent, treatment of Palestinians. In its 2012 session, the UN Committee on the Elimination of Racial Discrimination described current conditions following decades of occupation and attendant repression as tantamount to Apartheid. [PDF]
In complete disregard for international law, and its institutional findings, Israel continues to treat the Occupied Territory as colonial possessions. Since the beginning of the second Palestinian intifada in 2000, Israel has advanced the notion that it is engaged in an international armed conflict short of war in the West Bank and the Gaza Strip. Accordingly, it argues that it can 1) invoke self-defense, pursuant to Article 51 of the United Nations Charter, and 2) use force beyond that permissible during law enforcement, even where an occupation exists. [PDF]
The Gaza Strip Is Not the World Trade Center
To justify its use of force in the OPT as consistent with the right of self-defense, Israel has cited UN Security Council Resolution 1368 (2001) and UN Security Council Resolution 1373 (2001). These two resolutions were passed in direct response to the Al-Qaeda attacks on the United States on 11 September 2001. They affirm that those terrorist acts amount to threats to international peace and security and therefore trigger Article 51 of the UN Charter permitting the use of force in self-defense. Israel has therefore deliberately characterized all acts of Palestinian violence – including those directed exclusively at legitimate military targets – as terrorist acts. Secondly it frames those acts as amounting to armed attacks that trigger the right of self-defense under Article 51 irrespective of the West Bank and Gaza’s status as Occupied Territory.
The Israeli Government stated its position clearly in the 2006 HCJ case challenging the legality of the policy of targeted killing (Public Committee against Torture in Israel et al v. Government of Israel). The State argued that, notwithstanding existing legal debate, “there can be no doubt that the assault of terrorism against Israel fits the definition of an armed attack,” effectively permitting Israel to use military force against those entities. Therefore, Israeli officials claim that the laws of war can apply to “both occupied territory and to territory which is not occupied, as long as armed conflict is taking place on it” and that the permissible use of force is not limited to law enforcement operations. The HCJ has affirmed this argument in at least three of its decisions:Public Committee Against Torture in Israel et al v. Government of Israel, Hamdan v. Southern Military Commander, and Physicians for Human Rights v. The IDF Commander in Gaza. These rulings sanction the government’s position that it is engaged in an international armed conflict and, therefore, that its use of force is not restricted by the laws of occupation. The Israeli judiciary effectively authorizes the State to use police force to control the lives of Palestinians (e.g., through ongoing arrests, prosecutions, checkpoints) and military force to pummel their resistance to occupation.
The International Court of Justice (ICJ) dealt with these questions in its assessment of the permissible use of force in the Occupied West Bank in its 2004 Advisory Opinion, Legal Consequences on the Construction of a Wall in the Occupied Palestinian Territory. The ICJ reasoned that Article 51 contemplates an armed attack by one state against another state and “Israel does not claim that the attacks against it are imputable to a foreign state.” Moreover, the ICJ held that because the threat to Israel “originates within, and not outside” the Occupied West Bank,
the situation is thus different from that contemplated by Security Council resolutions 1368 (2001) and 1373 (2001), and therefore Israel could not in any event invoke those resolutions in support of its claim to be exercising a right of self-defense. Consequently, the Court concludes that Article 51 of the Charter has no relevance in this case.
Despite the ICJ's decision, Israel continues to insist that it is exercising its legal right to self-defense in its execution of military operations in the West Bank and the Gaza Strip. Since 2005, Israel slightly changed its position towards the Gaza Strip. The government insists that as a result of its unilateral disengagement in 2005, its occupation has come to an end. In 2007, the government declared the Gaza Strip a “hostile entity” and waged war upon the territory over which it continues to exercise effective control as an Occupying Power. Lisa Hajjar expounds on these issues here.
In effect, Israel is distorting/reinterpreting international law to justify its use of militarized force in order to protect its colonial authority. Although it rebuffs the de jure application of Occupation Law, Israel exercises effective control over the West Bank and Gaza and therefore has recourse to police powers. It uses those police powers to continue its colonial expansion and apartheid rule and then in defiance of international law cites its right to self-defense in international law to wage war against the population, which it has a duty to protect. The invocation of law to protect its colonial presence makes the Palestinian civilian population doubly vulnerable. Specifically in the case of Gaza,
It forces the people of the Gaza Strip to face one of the most powerful militaries in the world without the benefit either of its own military, or of any realistic means to acquire the means to defend itself. [PDF]
More broadly, Israel is slowly pushing the boundaries of existing law in an explicit attempt to reshape it. This is an affront to the international humanitarian legal order, which is intended to protect civilians in times of war by minimizing their suffering. Israel’s attempts have proven successful in the realm of public relations, as evidenced by President Obama’s uncritical support of Israel’s recent onslaughts of Gaza as an exercise in the right of self-defense. Since international law lacks a hierarchal enforcement authority, its meaning and scope is highly contingent on the prerogative of states, especially the most powerful ones. The implications of this shift are therefore palpable and dangerous.
Failure to uphold the law would allow states to behave according to their own whim in furtherance of their national interest, even in cases where that is detrimental to civilian non-combatants and to the international legal order. For better or worse, the onus to resist this shift and to preserve protection for civilians rests upon the shoulders of citizens, organizations, and mass movements who can influence their governments enforce international law. There is no alternative to political mobilization to shape state behavior.
(Jadaliyya)
On the fourth day of Israel's most recent onslaught against Gaza's Palestinian population, President Barack Obama declared, “No country on Earth would tolerate missiles raining down on its citizens from outside its borders.” In an echo of Israeli officials, he sought to frame Israel's aerial missile strikes against the 360-square kilometer Strip as the just use of armed force against a foreign country.
Israel's ability to frame its assault against territory it occupies as a right of self-defense turns international law on its head.
A state cannot simultaneously exercise control over territory it occupies and militarily attack that territory on the claim that it is “foreign” and poses an exogenous national security threat. In doing precisely that, Israel is asserting rights that may be consistent with colonial domination but simply do not exist under international law.
Admittedly, the enforceability of international law largely depends on voluntary state consent and compliance. Absent the political will to make state behavior comport with the law, violations are the norm rather than the exception. Nevertheless, examining what international law says with regard to an occupant’s right to use force is worthwhile in light of Israel's deliberate attempts since 1967 to reinterpret and transform the laws applicable to occupied territory. These efforts have expanded significantly since the eruption of the Palestinian uprising in 2000, and if successful, Israel’s reinterpretation would cast the law as an instrument that protects colonial authority at the expense of the rights of civilian non-combatants.
Israel Has A Duty To Protect Palestinians Living Under Occupation
Military occupation is a recognized status under international law and since 1967, the international community has designated the West Bank and the Gaza Strip as militarily occupied. As long as the occupation continues, Israel has the right to protect itself and its citizens from attacks by Palestinians who reside in the occupied territories. However, Israel also has a duty to maintain law and order, also known as “normal life,” within territory it occupies. This obligation includes not only ensuring but prioritizing the security and well-being of the occupied population. That responsibility and those duties are enumerated in Occupation Law.
Occupation law is part of the laws of armed conflict; it contemplates military occupation as an outcome of war and enumerates the duties of an occupying power until the peace is restored and the occupation ends. To fulfill its duties, the occupying power is afforded the right to use police powers, or the force permissible for law enforcement purposes. As put by the U.S. Military Tribunal during the Hostages Trial (The United States of America vs. Wilhelm List, et al.)
International Law places the responsibility upon the commanding general of preserving order, punishing crime, and protecting lives and property within the occupied territory. His power in accomplishing these ends is as great as his responsibility.
The extent and breadth of force constitutes the distinction between the right to self-defense and the right to police. Police authority is restricted to the least amount of force necessary to restore order and subdue violence. In such a context, the use of lethal force is legitimate only as a measure of last resort. Even where military force is considered necessary to maintain law and order, such force is circumscribed by concern for the civilian non-combatant population. The law of self-defense, invoked by states against other states, however, affords a broader spectrum of military force. Both are legitimate pursuant to the law of armed conflict and therefore distinguished from the peacetime legal regime regulated by human rights law.
When It Is Just To Begin To Fight
The laws of armed conflict are found primarily in the Hague Regulations of 1907, the Four Geneva Conventions of 1949, and their Additional Protocols I and II of 1977. This body of law is based on a crude balance between humanitarian concerns on the one hand and military advantage and necessity on the other. The post-World War II Nuremberg trials defined military exigency as permission to expend “any amount and kind of force to compel the complete submission of the enemy…” so long as the destruction of life and property is not done for revenge or a lust to kill. Thus, the permissible use of force during war, while expansive, is not unlimited..
In international law, self-defense is the legal justification for a state to initiate the use of armed force and to declare war. This is referred to as jus ad bellum—meaning “when it is just to begin to fight.” The right to fight in self-defense is distinguished from jus in bello, the principles and laws regulating the means and methods of warfare itself. Jus ad bellum aims to limit the initiation of the use of armed force in accordance with United Nations Charter Article 2(4); its sole justification, found in Article 51, is in response to an armed attack (or an imminent threat of one in accordance with customary law on the matter). The only other lawful way to begin a war, according to Article 51, is with Security Council sanction, an option reserved—in principle, at least—for the defense or restoration of international peace and security.
Once armed conflict is initiated, and irrespective of the reason or legitimacy of such conflict, the jus in bellolegal framework is triggered. Therefore, where an occupation already is in place, the right to initiate militarized force in response to an armed attack, as opposed to police force to restore order, is not a remedy available to the occupying state. The beginning of a military occupation marks the triumph of one belligerent over another. In the case of Israel, its occupation of the West Bank, the Gaza Strip, the Golan Heights, and the Sinai in 1967 marked a military victory against Arab belligerents.
Occupation Law prohibits an occupying power from initiating armed force against its occupied territory. By mere virtue of the existence of military occupation, an armed attack, including one consistent with the UN Charter, has already occurred and been concluded. Therefore the right of self-defense in international law is, by definition since 1967, not available to Israel with respect to its dealings with real or perceived threats emanating from the West Bank and Gaza Strip population. To achieve its security goals, Israel can resort to no more than the police powers, or the exceptional use of militarized force, vested in it by IHL. This is not to say that Israel cannot defend itself—but those defensive measures can neither take the form of warfare nor be justified as self-defense in international law. As explained by Ian Scobbie:
To equate the two is simply to confuse the legal with the linguistic denotation of the term ”defense.“ Just as ”negligence,“ in law, does not mean ”carelessness” but, rather, refers to an elaborate doctrinal structure, so ”self-defense” refers to a complex doctrine that has a much more restricted scope than ordinary notions of ”defense.“
To argue that Israel is employing legitimate “self-defense” when it militarily attacks Gaza affords the occupying power the right to use both police and military force in occupied territory. An occupying power cannot justify military force as self-defense in territory for which it is responsible as the occupant. The problem is that Israel has never regulated its own behavior in the West Bank and Gaza as in accordance with Occupation Law.
Israel’s Attempts To Change International Law
Since the beginning of its occupation in 1967, Israel has rebuffed the applicability of international humanitarian law to the Occupied Palestinian Territory (OPT). Despite imposing military rule over the West Bank and Gaza, Israel denied the applicability of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War (the cornerstone of Occupation Law). Israel argued because the territories neither constituted a sovereign state nor were sovereign territories of the displaced states at the time of conquest, that it simply administered the territories and did not occupy them within the meaning of international law. The UN Security Council, the International Court of Justice, the UN General Assembly, as well as the Israeli High Court [PDF] of Justice have roundly rejected the Israeli government’s position. Significantly, the HCJ recognizes the entirety of the Hague Regulations and provisions of the 1949 Geneva Conventions that pertain to military occupation as customary international law.
Israel’s refusal to recognize the occupied status of the territory, bolstered by the US’ resilient and intransigent opposition to international accountability within the UN Security Council, has resulted in the condition that exists today: prolonged military occupation. Whereas the remedy to occupation is its cessation, such recourse will not suffice to remedy prolonged military occupation. By virtue of its decades of military rule, Israel has characterized all Palestinians as a security threat and Jewish nationals as their potential victims, thereby justifying the differential, and violent, treatment of Palestinians. In its 2012 session, the UN Committee on the Elimination of Racial Discrimination described current conditions following decades of occupation and attendant repression as tantamount to Apartheid. [PDF]
In complete disregard for international law, and its institutional findings, Israel continues to treat the Occupied Territory as colonial possessions. Since the beginning of the second Palestinian intifada in 2000, Israel has advanced the notion that it is engaged in an international armed conflict short of war in the West Bank and the Gaza Strip. Accordingly, it argues that it can 1) invoke self-defense, pursuant to Article 51 of the United Nations Charter, and 2) use force beyond that permissible during law enforcement, even where an occupation exists. [PDF]
The Gaza Strip Is Not the World Trade Center
To justify its use of force in the OPT as consistent with the right of self-defense, Israel has cited UN Security Council Resolution 1368 (2001) and UN Security Council Resolution 1373 (2001). These two resolutions were passed in direct response to the Al-Qaeda attacks on the United States on 11 September 2001. They affirm that those terrorist acts amount to threats to international peace and security and therefore trigger Article 51 of the UN Charter permitting the use of force in self-defense. Israel has therefore deliberately characterized all acts of Palestinian violence – including those directed exclusively at legitimate military targets – as terrorist acts. Secondly it frames those acts as amounting to armed attacks that trigger the right of self-defense under Article 51 irrespective of the West Bank and Gaza’s status as Occupied Territory.
The Israeli Government stated its position clearly in the 2006 HCJ case challenging the legality of the policy of targeted killing (Public Committee against Torture in Israel et al v. Government of Israel). The State argued that, notwithstanding existing legal debate, “there can be no doubt that the assault of terrorism against Israel fits the definition of an armed attack,” effectively permitting Israel to use military force against those entities. Therefore, Israeli officials claim that the laws of war can apply to “both occupied territory and to territory which is not occupied, as long as armed conflict is taking place on it” and that the permissible use of force is not limited to law enforcement operations. The HCJ has affirmed this argument in at least three of its decisions:Public Committee Against Torture in Israel et al v. Government of Israel, Hamdan v. Southern Military Commander, and Physicians for Human Rights v. The IDF Commander in Gaza. These rulings sanction the government’s position that it is engaged in an international armed conflict and, therefore, that its use of force is not restricted by the laws of occupation. The Israeli judiciary effectively authorizes the State to use police force to control the lives of Palestinians (e.g., through ongoing arrests, prosecutions, checkpoints) and military force to pummel their resistance to occupation.
The International Court of Justice (ICJ) dealt with these questions in its assessment of the permissible use of force in the Occupied West Bank in its 2004 Advisory Opinion, Legal Consequences on the Construction of a Wall in the Occupied Palestinian Territory. The ICJ reasoned that Article 51 contemplates an armed attack by one state against another state and “Israel does not claim that the attacks against it are imputable to a foreign state.” Moreover, the ICJ held that because the threat to Israel “originates within, and not outside” the Occupied West Bank,
the situation is thus different from that contemplated by Security Council resolutions 1368 (2001) and 1373 (2001), and therefore Israel could not in any event invoke those resolutions in support of its claim to be exercising a right of self-defense. Consequently, the Court concludes that Article 51 of the Charter has no relevance in this case.
Despite the ICJ's decision, Israel continues to insist that it is exercising its legal right to self-defense in its execution of military operations in the West Bank and the Gaza Strip. Since 2005, Israel slightly changed its position towards the Gaza Strip. The government insists that as a result of its unilateral disengagement in 2005, its occupation has come to an end. In 2007, the government declared the Gaza Strip a “hostile entity” and waged war upon the territory over which it continues to exercise effective control as an Occupying Power. Lisa Hajjar expounds on these issues here.
In effect, Israel is distorting/reinterpreting international law to justify its use of militarized force in order to protect its colonial authority. Although it rebuffs the de jure application of Occupation Law, Israel exercises effective control over the West Bank and Gaza and therefore has recourse to police powers. It uses those police powers to continue its colonial expansion and apartheid rule and then in defiance of international law cites its right to self-defense in international law to wage war against the population, which it has a duty to protect. The invocation of law to protect its colonial presence makes the Palestinian civilian population doubly vulnerable. Specifically in the case of Gaza,
It forces the people of the Gaza Strip to face one of the most powerful militaries in the world without the benefit either of its own military, or of any realistic means to acquire the means to defend itself. [PDF]
More broadly, Israel is slowly pushing the boundaries of existing law in an explicit attempt to reshape it. This is an affront to the international humanitarian legal order, which is intended to protect civilians in times of war by minimizing their suffering. Israel’s attempts have proven successful in the realm of public relations, as evidenced by President Obama’s uncritical support of Israel’s recent onslaughts of Gaza as an exercise in the right of self-defense. Since international law lacks a hierarchal enforcement authority, its meaning and scope is highly contingent on the prerogative of states, especially the most powerful ones. The implications of this shift are therefore palpable and dangerous.
Failure to uphold the law would allow states to behave according to their own whim in furtherance of their national interest, even in cases where that is detrimental to civilian non-combatants and to the international legal order. For better or worse, the onus to resist this shift and to preserve protection for civilians rests upon the shoulders of citizens, organizations, and mass movements who can influence their governments enforce international law. There is no alternative to political mobilization to shape state behavior.
(Jadaliyya)
Egypt opens Rafah crossing in 1 direction for Gaza critical injuries
Egyptian authorities opened the Rafah crossing with Gaza Saturday morning to allow entry of injured Gaza citizens into Egypt for medical treatment and to allow holders of Egyptian and foreign passports to leave the coastal enclave.
Officials in the Palestinian border and crossing department highlighted that the crossing was open in one direction only.
They said that thousands of special cases including students and patients were waiting in Egypt hoping the crossing would be open for them to return to Gaza.
The crossing was opened Thursday and four buses carrying holders of Egyptian passports left for Egypt.
In addition, seven ambulances were allowed into Egypt Thursday each carrying a critically injured person and one escort only.
Hague: UK, US, France, Germany to discuss Gaza ceasefire Sunday
British Foreign Secretary William Hague said he will discuss how to achieve a ceasefire in Gaza with US Secretary of State John Kerry and his German and French counterparts during talks in Vienna on Sunday.
Hague said in a statement on Saturday that the discussions on ending the hostilities between Israel and Gaza would take place on the sidelines of talks on Iran's nuclear program in the Austrian capital.
Egyptian authorities opened the Rafah crossing with Gaza Saturday morning to allow entry of injured Gaza citizens into Egypt for medical treatment and to allow holders of Egyptian and foreign passports to leave the coastal enclave.
Officials in the Palestinian border and crossing department highlighted that the crossing was open in one direction only.
They said that thousands of special cases including students and patients were waiting in Egypt hoping the crossing would be open for them to return to Gaza.
The crossing was opened Thursday and four buses carrying holders of Egyptian passports left for Egypt.
In addition, seven ambulances were allowed into Egypt Thursday each carrying a critically injured person and one escort only.
Hague: UK, US, France, Germany to discuss Gaza ceasefire Sunday
British Foreign Secretary William Hague said he will discuss how to achieve a ceasefire in Gaza with US Secretary of State John Kerry and his German and French counterparts during talks in Vienna on Sunday.
Hague said in a statement on Saturday that the discussions on ending the hostilities between Israel and Gaza would take place on the sidelines of talks on Iran's nuclear program in the Austrian capital.
You find the photo's/video's disturbing? Remember, this is what Palestinian children see almost every day
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