Posts Tagged ‘Geneva Conventions’


For the past year, peace groups all over the world have been working on ways to mark the 50thanniversary of Israel’s occupation of the West Bank and Gaza Strip. But now that the 50-year point

The Hawara Checkpoint

has been reached, we are greeted with some big news that few are talking about: There is no occupation.

No one has made such a declaration, of course, but the conclusion is inescapable. In all the relevant international law stemming from the 1907 Hague Conventions and the 1949 Fourth Geneva Convention, which govern belligerent military occupation, are based on the presumption that the condition is temporary.

A recent paper issued by the European Council on Foreign Relations (ECFR) concludes “An unlawfully prolonged occupation arises when an occupying state seeks to permanently transform the international status, government or demographic character of a foreign territory, including through de jure or de facto annexation.” Their legal arguments are well worth reading and quite conclusive. Trying to summarize the details here would do them an injustice. Read more at LobeLog

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In the aftermath of the horrific terrorist attacks in Paris last week, Israeli Defense Minister Moshe Ya’alon remarked on the tension between security and liberty. “In the United States until the events of September 11, the balance between security and human rights favored human rights on the issue, for example of eavesdropping on potential terrorists,” he said. “In France aBtselemnd other countries in Europe, [a shift toward security] hasn’t yet happened. Countries fighting terrorism have no alternative in this other than shifting in the direction of security. I assume that we will see a large number of steps [to carry out] inspections: passport inspections, inspections at the entrance to public places.”

As in the U.S. this dichotomy between security and human rights is at the very heart of the debate in Israel. ”We believe not only are these not contradictory, but that human rights provides security,” said Hagai El-Ad, the Executive Director of B’Tselem, Israel’s leading human rights groups monitoring its occupation of the West Bank and Gaza Strip, on a recent press call. “Indeed, we think that human rights are the reasons for which we have security, they are why people have a society that must be protected. So one has to wonder what kind of society do we end up with (in Ya’alon’s framework) and would that society be worth defending if you take Ya’alon’s idea to extremes. I hope that idea will work differently in France. Time will tell.”

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The Oslo Process is dead. Does that mean that we must only consider single-state options to resolve the Israel-Palestine conflict? I say no, and I outline what a practical and fair (two things Oslo never was)  two-state option might look like today at LobeLog.

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Just what was it that sent the US and Israel into apoplectic fits last week? What egregious sin did the Palestinians commit to re-ignite American threats to cut of funding to the PA and Israeli ones to once again start pocketing for themselves the Palestinian tax monies they collect? Why, they are trying to sign on to human rights commitments. The temerity! The US has sent a clear message: Israel is to be coddled or even rewarded for breaking its commitments to the US, by reneging on its prisoner release deal, and to international law by expanding settlements; but the Palestinians must be punished for joning international human rights conventions. I explain and explore at LobeLog today.

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This article originally appeared at LobeLog. There is an indispensable wealth of material there on recent events in Israel/Palestine, Iran, Egypt and others. I urge you to check it out.

Some days, it must be really difficult to be the State Department’s spokesperson. It doesn’t seem like a bad job to have at all, but on certain questions it’s impossible to not look like an idiot. A lot of those questions are connected to de facto policies which differ from de jure ones.

Look up the hill from the West Bank town of Tuwani and you see the Israeli settlement, Maon

Look up the hill from the West Bank town of Tuwani and you see the Israeli settlement, Maon

And there is no better example of that than US policy on Israeli settlements.

Back in the early years after the 1967 war, the United States made it clear that the settlements were illegal according to international law. As recently as 1978, the State Department legal adviser confirmed that all Israeli settlements beyond the Green Line are illegal, and through the Carter administration, this was explicit US policy. That policy has never been explicitly revoked, but beginning with the Reagan administration, de facto policy has been ambiguous. Reagan began the trend when he stated that while the settlements were ill-advised, provocative and that further settlement was not necessary for Israel’s security “I disagreed when, the previous Administration refereed to them as illegal, they’re not illegal.  Not under the U.N. resolution that leaves the West Bank open to all people—Arab and Israeli alike, Christian alike.”

The problematic nature of Reagan’s statement — implying that “Arab” equals “Muslim” and “Israeli” equals “Jew”, and more importantly, citing the “U.N. Resolution”, which is not the basis for the illegality of the settlements (the Fourth Geneva Convention is) — notwithstanding, this was the beginning of the US’ refusal to label settlements illegal, terming them instead, at most, “illegitimate.” (more…)

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Wow. Tzipi Livni really lays it on the line in this one: “I was the Minister of Justice. I am a lawyer…But I am against law — international law in particular.  Law in general.”

Israel has generally argued that its policies are legal under international law. The classic example, of course, is the argument that the Fourth Geneva Convention, which governs, among other things, the behavior of states that occupy

Tzipi Livni, seeming to say "Yo, I got your international law right here!"

territory not their own, does not apply to the Palestinian Territories because they were not legally part of a state prior to the Israeli occupation. Sure, no one else buys the  argument (even, at least technically, the US doesn’t, though they’ve accepted the Israeli terminology referring to the Territories as “disputed” rather than “occupied”), but the ability to make the argument has always been important to Israelis.

Well, Livni does away with all of that, doesn’t she?

The comments were part of a discussion aimed at producing a joint statement at the Annapolis Conference. Livni went on to say that “If we want to make the agreement smaller, can we just drop some of these issues?  Like international law, this will make the agreements easier.” The disdain for international law, seeing it as an inconvenience and annoyance, both something undesirable and not much of an obstacle, couldn’t be clearer. (more…)

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