Hamas human rights violations in Gaza are unacceptable

Dear Editor and Readers,

In underlying I sent to you my comment regarding the human rights violations in Gaza during the Israeli military attacks, as been reported by Amnesty International

Regarding the Israeli attacks on Gaza:

See

 http://chicago.indymedia.org/newswire/display/85520/index.php

Regarding the Amnesty press release on the Hamas human rights violations

See

 http://www.amnesty.org/en/news-and-updates/report/hamas-waged-deadly-campaign-war-devastated-gaza-20090212

 http://www.amnesty.org/en/library/asset/MDE21/001/2009/en/9f210586-f762-11dd-8fd7-f57af21896e1/mde210012009en.html


Added information:

It is known to you, that I am a strong adversary of the Israeli occupation of the Palestinian territories.
With regard to that I am of the opinion, that Israel should withdraw instantly from all the occupied territories, should dismantle all illegal settlements in occupied terrirories and tear down the Wall, which is illegal also
Israel too, has to acknowledge the Palestinian right on return [1]

Further I am a strong defender of the One State Solution , on the ground of the revision of the historical injustice, the violation of the Palestinian right on selfdetermination [2]

However, viewed from a human rights point of view, I am also of the opinion, that ALL parties to the conflict in the Middle-East, as in every other war or liberation struggle, are bound to the principles of International Humanitarian Law, the Geneva Conventions and all other international treaties regarding human rights [3]

This implies no military attacks on civilians or civilian goals, a humane treatment of prisoners of war and certainly no extra-judicial executions, mistreatments or torture.

As you'll know, regularly I condemn and critizise the Israeli human rights violations and war-crimes in the Palestinian occupied territories.

However, the principle of human rights must also be respected by the Palestinian resistance organisations.

From that perspective I have written underlying comment on the above mentioned Ammesty pressrelease

I think it is of importance, since some pro-Palestinian circles are inclined to look the other way when Palestinian human rights violations take place

However understandable, in the light of the assymetry of the conflict, the nearly 42 year Israeli occupation and the implicite Western support, not only it is undermining the moral credibility, of the most importance is the fact, that human rights must be applied on any human being, regardless the side of the conflict or real or alleged committed crime

Kind regards

Astrid Essed
Amsterdam
The Netherlands

[1]

As you'll know, Israel didn't implement till today UN Security Resolution 242 dd 1967, in which it was summoned to withdraw from the conquered territories in the june-war, among else the Palestinian [Westbank, Eastern Jerusalem and Gaza]
As you know, despite the military withdrawal of 2005, Gaza is still occupied territory according to International Law, since Israel is controlling the borders and the air

See

'' Relevant treaty law includes Common Article 3 to the Geneva Conventions of 1949, which sets forth minimum standards for the treatment of persons within a party's control, and the law on occupation found in the Fourth Geneva Convention of 1949, which remains applicable in Gaza because of Israel's ongoing control of many aspects of life there despite its withdrawal of forces. ''

 http://www.hrw.org/en/news/2009/02/06/qa-accountability-violations-international-humanitarian-law-gaza#_What_international_law

The illegality of the settlements:

According to article 49, 4th Geneva Convention, all existing settlements in occupied Palestinian territories are illegal to International Law

Regarding the Wall:

According to the ICJ Advisory Opinion dd 9-7-2004, the Israeli Wall is illegal, since it is cutting through Palestinian occupied territories

See

 http://www.icj-cij.org/docket/files/131/1677.pdf


The right on return:

The right on return of the Palestinian population has been confirmed by UN General Assembly Resolution 194, dd 1948, as a reaction on the Israeli etnical cleansings dd 1948, by which 750.000 Palestinian were expulsed of their homeland



[2]

Regarding my plea for a One Statesolution:

 http://scotland.indymedia.org/node/3396

[3]

Regarding to the 3th Geneva Convention concerning the treatment of prisoners of war

 http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/6fef854a3517b75ac125641e004a9e68


Regarding the 4th Geneva Convention regarding the protection of the civilian population during war and occupation

 http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/6756482d86146898c125641e004aa3c5

Regarding the International Humanitarian Law

 http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/668BF8





P/S

Comment:

Dear Editor and readers,

I have learnt with great concern about the Hamas human rights violations in Gaza, like the extrajudicial killings of approximately 20 people and the abduction, torture and mistreatment of others, who are considered to be collaborateurs with Israel or political adversaries [1]


Those practices have also taken place in France, just after WO II, when thousands of extrajudicial executions took place on real or alleged collaborateurs with the German nazi-regime

However, regardless committed by who, those practices are huge violations of human rights and war-crimes

It is very wortfhul mentioning those Hamas-practices, since in the Middle-Eastern conflict, many pro Palestinian activists are inclined to turn a blind eye to Palestinian human rights violations and war-crimes, like [suicide] attacks or Palestinian rocket-attacks on Israeli civilian goals and civilians and now, those retaliation actions against real or alleged ''traitors''

However illegitimate, repressive and criminal the Israeli occupation and military actions may be, that can't be justified by a Palestinian reaction, which is reacted against either Israeli civilians, or Palestinian real or alleged traitors [1]

Any civilian, regardless the conflict party has an inherent right on safety and protection against military attacks

Any human being, real or alleged ''traitor'' has the right on a fair and independent trial and the right to be free from torture and other mistreatments

Any prisoner of war, either on Palestinian or Israeli side has and hold a right on a humane treatment and the right on contact with his family [2]

And however vulnerable, any human being, so also real or alleged ''traitors'' has a right on a fair and independent trial and to be free from torture

Condemning Israeli crimes, but turning a blind eye regarding Palestinian human rights violations, doesn't help the Palestinian cause, because it is undermining the moral credibility

Moreover, it is a violation of the universal principles of human rights, which are apliccable to all human beingsc


Astrid Essed
Amsterdam

The Netherlands

[1]

Of course any Palestinian military resistance against the Israeli occupation army is legitimate according International Law

[2]

See The Red Cross press release

''Gaza: still no ICRC access to Gilad Shalit''


 http://www.icrc.org/web/eng/siteeng0.nsf/html/israel-interview-111208?opendocument

Interview with the parents of Gilad Shalit

 http://www.icrc.org/Web/Eng/siteeng0.nsf/html/israel-interview-300808