By their unlawful and systematic character,combined with the blockade of Gaza, housedemolitions and extrajudicial executions, the Israeli attacks on Gaza are a dirty war against the Palestinian civilian population
Israeli attacks on Gaza
Dirty war against the Palestinian civilian population
''For destruction, destruction
For destruction of the race of men
'A new power is rising
It's victory is at hand"
"There will be no dawn for men"
''TO WAR''
Saruman: Lord of the Rings II, The Two Towers
http://en.wikipedia.org/wiki/The_Two_Towers
''This is a war without mercy''
Mr Barak, Israeli minister of Defense
http://www.euronews.net/en/article/29/12/2008/barak-tries-to-justify-war-without-mercy/
IMAGES PALESTINIAN CHILDREN VICTIMS
http://www.uruknet.info/?p=m50434
Dear Editor and Readers,
In the first place I want to wish you personally a happy, healthy, joyful 2009
May the struggle against injustice, war, occupation, poverty, and human rights violations of all human beings, regardess descent, political conviction or committed crime, continue!
Like you, I was very shocked about the Israeli air-attacks on Gaza, which started dd 27-12, lasted the whole week, even on Newyearsday
Just on the 3th of january, the Israeli groundoffensive in Gaza has started, by which eight Gazans have been killed
Hereby the deathtoll is on 635 Palestinians, under who more than 200 civilians.
More than 2900 people are wounded, while, among else by the Israeli Blockade of Gaza, the hospitals are lacking medicines and the people don't have even the first needs of life, like food and water.
Since the Israeli attacks 4 Israeli civilians in Southern Israel have been killed by Palestinian rokets.
In the meantime, the Israeli groundoffensive has been launched, which has caused a great death toll under the Palestinians and several Israeli death.
Like with all Israeli military offensives, there is no consideration at all with the Palestinian civilian population, since in Gaza, one of the most densely populated areas in the world, without any protection of the civilian population, real or alleged Hamas-targets have been bombed
To launch a modest protest against those Israeli attacks, which are, besides war-crimes, a dirty war against the Palestinian civilian population, I have written underlying article
It is however encouraging, that all over the world, solidarity demonstrations have taken place in behalf of the Gazan civilian population
I give you the link to a demonstration dd 27-12, at Amsterdam on the Dam Square which I have attended too
http://www.youtube.com/watch?v=xuW9YQjfcdU
Further I thank you for your activities last year, promoting a better world and your solidarity with Gaza
May the struggle for justice go on
May all parties to the conflict realise, that civilians, whether from Palestinian or Israeli side, never may be the target of milittary attacks
For a free Palestine!
Kind regards
Astrid Essed
Amsterdam
The Netherlands
UPDATE:
Dd 7-1, Israel has launched, regarding to the siege of Gaza-city, a ''pause'' in battle between 12 and 15 o,clock to give accees to medicines and food-supplies for the civilian population, after opening the border
However, this is no ''favour//, but the obligation under International Law, which in fact states, that at all times [not only three hours] there must be free access of medicines and foodsupplies for the civilian population
ISRAELI ATTACKS ON GAZA/DIRTY WAR AGAINST THE PALESTINIAN CIVILIAN POPULATION
DEDICATED TO THE GAZAN POPULATION
''Parties to a conflict shall at all times distinguish between the civilian population and combatants in order to
spare civilian population and property. Neither the civilian population as such nor civilian persons shall be the
object of attack. Attacks shall be directed solely against military objectives. ''
Fundamental rule of the International Humanitarian Law
http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/668BF8
"I have witnessed this army [Israeli, addition Astrid Essed] demolishing, shooting and humiliating people whom I did not know… It hurts me when people, Palestinians, are being so brutally assaulted, and it hurts me when they later turn their hatred towards me because of it. I wasn't born to serve as a soldier who occupies another… My responsibility is to refuse."
Raz Bar-David Varon, Israeli teenager, who refuses to serve in the Israeli army
http://www.amnesty.org/en/news-and-updates/news/israeli-teenagers-jailed-refusing-serve-army-20081218
With great respect and admiration for those Israeli young people, who have the courage to refuse in an occupation army.
PALESTINIAN VICTIMS
IN REMEMBRANCE:
In remembrance of 16 Palestinians, among who 11 children, who have been killed by an Israeli air-attack dd 1-1-2009 NEWYEARSDAY, on the house of Mr Nizar Rayyan, a leader in the Hamas resistance-movement, in the Jabaliya refugee camp
In remembrance of all known and anonymous victims
49-year-old Nizar Abdul-Qadir Rayyan
40-year-old Nawal Ismail Rayyan
46-year-old Hyiam Abdul-Rahman Rayyan
45-year-old Iman Khalil Rayyan
25-year-old Shirin Said Rayyan
2-year-old Asad Nizar Rayyan
3-year-old Usama Nizar Rayyan
3-year-old Aiysha Nizar Rayyan
4-year-old Reem Nizar Rayyan
5-year-old Halima Nizar Rayyan
5-year-old Meryam Nizar Rayyan
6-year-old Abdul-Rahman Nizar Rayyan
12-year-old Abdul-Qadir Nizar Rayyan
12-year-old Ayia Nizar Rayyan
15-year-old Zainab Nizar Rayyan
16-year-old Ghassan Nizar Rayyan
Take a minute of silence for them please, before reading the article
They are symbolising all civilian Palestinian victims
However, I don't forget the Israeli civilian victims, especially the children, because all civilians have the right on protection and on life
Dear Editor and Readers,
With deep shock and deep indignation I have witnessed the Israeli attacks of Gaza, which have started dd 27-12, one day after Christmas, and have since costed a great number of Palestinian lives.
The attacks took place on more than 700 targets, among else the parliament building and other government-facilities, a police building, several Mosks, the University of Gaza, a television-Station, homes, ambulance-cars, tunnels, which supply the population of food, markets and refugee-camps, two UN Schoolsm
EVEN AMBULANCES have been hit..
Regrettably, more is yet to come
Especially children paid a huge price, as already mentioned
Witnesses, living in Gaza and Palestinian newsmedia have testified, that one of those air-attacks took place, when the children were from school on their way home, with as consequences a great number of dead and wounded children. [1]
The murderous air-attacks, in the first week, have been followed by a groundoffensive with air-support.
Two major cities, Gaza-city and Khan Younis, are besieged
Till now [dd 6-1[ he total Palestinian death toll was 635, with morfe than 200 dead civilians
On Israeli side about 10 people have been killed, among else 4 civilians.
More than 2900 Palestinians were wounded, IN ELEVEN DAYS PERIOD [till 6-7]
According to the Red Cross, wounded people are dying in the streets, waiting for ambulances
http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/palestine-update-050109?opendocument
On Israeli side there are approximately 24 wounded
However, since the continuing battle the death toll will now lay higher
International reactions:
The international reactions on the attacks on Gaza were predictable:
While the Arab and islamic world, the African Union, some Third World Countries, South Africa and of course the Palestinian Fatah president Mr Abbas were condemning the Israeli attacks, the USA, besides after some cautious remarks about the Israeli army ''to spare the civilian population'', laid the major responsibility at the shoulder of the attacked party, namely Hamas
Japan, Russia and China condemned the Israeli attacks, but also urged to Hamas to end the rocket-attacks on Israeli cities and villages
The EU, as usually condemning without any consequences for Israel, stated by EU Foreign Policy Chief, Mr Solana, a direct cessation of ''military actions on both sides''
Later the EU presidential country, the Chech Republic, has alleged, that the Israeli groundoffensive were ''defensive''
The French president Sarkozy, who wants to force a cessation of fire, left for a trip to the Middle-East, for meetings with the Egyptian president Mubarak, the Israeli authorities, the Fatah Palestinian president Abbas and for the Lebanese and Syrian authorities.
As already expected, the Israeli authorities have refused to stop their attacks, continuing to sow death and destruction
The Secretary General of the UN, Mr Ban Ki Moon, initially stated to be ''very concerned'' about the ''heavy violence and bloodshed'' in Gaza
However, according to the latest news, he calls on as well Israel as Hamas to stop the military activities and also calls on Israel to permit humanitarian supplies in Gaza
In respect with the Israeli groundoffensive, the UN Security Council came together to discuss a Libian resolution for a cessation of fire, which have been vetoed, as usual, by the USA [2]
Another reaction, worth mentioning, came from the newly elefted president, Mr Obama, who uttered his concern about the great number of civilian death in Gaza.
ISRAELI ''SELFDEFENCE''
As has already being said, the USA, Germany and The Chech Republic called the Israeli attacks on Gaza ''self-defendent''
It is a shame and disgrace, that also the Dutch prime-minister, Mr Balkenende has showed ''understanding'' for the position of Israel, because of the firing of Palestinian rockets on Israeli civilian goals
By reacting like that, he, in line with Germany, Chech and the USA, Mr Balkenende is denying the character of the Israeli attacks, which are war-crimes
Meanwhile, the Israeli attacks on Gaza, combined with the groundoffensive, are continuing, taking many innocent civilian lives, on this very moment, this is written
''JUSTIFICATION'' BY THE ISRAELI AUTHORITIES:
The Israeli authorities are justifying the largescale attacks on Gaza with the argument, that the ''terroristic Hamas attacks on Israeli civilian goals must be stopped''
Further, the authorities have declared, that they have ''informed'' the Gazan civilian population of the attacks
Also they have laid the whole responsibility for the attacks at ths shoulder of Hamas.
As I shall make clear in underlying, those Israeli allegations are not only cynical and inhuman, but make no sense at all
Namely it is the obligation of any attacking party according International Law, to protect the civilian population with any means against the consequences of the attack
Just to ''inform'' or ''warn'' the civilian population, doesn't relieve the attacker from her responsibility for the consequences of the attack [3]
Further it is evident, that the attacker alone [in casu the Israeli army] is responsible for the consequences of the attack and not the other party to the conflict, in casu Hamas.
ISRAELI ATTACKS ON GAZA, ARE WAR-CRIMES, BEING GRAVE BREACHES OF THE INTERNATIONAL HUMANITARIAN LAW
According to International Humanitarian Law, it is a fundamental principle, that in an armed conflict, at all times distinction must be made between combatants [military and fighters] and non-combatants [civilians]
Of course this is applicable on all parties of the conflict, in casu as well Israel, as Hamas, Islamic Jihad, the Popular Palestinian Liberation Front and the Al Aqsa Martyrs Brigades, or other resistance groups [4]
When this disctinction isn't made, whether by direct attacks on civilians or civilian goals, or by indiscriminate attacks, war-crimes are committed
Also the use of anti-personal weapons like clusterbombs and artillery, which can't make that distinction, are war-crimes [
According to sources in the Times, Israel has used the internationally forbidden phosphorusbombs in Gaza
According to the Haaretz and other newspapers, likewise the internationally forbidden clusterbombs have been used
[5]
INDISRIMINATE ATTACKS
As being said, direct targeting civilians or civilian goals are forbidden according to International Humanitarian Law
However, mosty and certainly in the case of Gaza, the situation isn't that clear, since the often presence of fighters in civilian areas.
When an attack is then launched, it is only permissable, when all precautions are made by the attacker to protect the civilian population. [6]
When, however, the attacker is not capable or willing to do that and attacks nevertheless, he is responsible for war-crimes, since he knew what risk had been taken with the civilian population
Attacking thus is called an ''indiscriminate attack'', since it isn't possible to make any disctinction between combatants and non-combatants
Not only in respect to those recent attacks, but also in nearly all Israeli attacks in Gaza, indiscriminate attacks took place with as a result a high death toll, Gaza being one of the most densely populated areas of the world.
DIRECT ATTACKS ON CIVILIANS OR CIVILIAN GOALS:
Besides those indiscriminate attacks, Israeli army also has launched attacks on direct Gazan civilian goals like houses, public buildings, the UIniversity of Gaza, a TV Station and two Mosks, which are apparently war crimes
FURTHER INFORMATION:
THE ISRAELI ''WARNING'' OF THE GAZAN CIVILIAN POPULATION
AND THE HAMAS ''RESPONSIBILITY''
As being commented before, each military attacker has the responsibility to protect the civilian population against the consequences of his attacks, as well regarding the choice of the attacking-location, as in the choice of arms [anti-personnel weapons are not permitted in a civilian area]
So the remarks of the Israeli authorities of the ''warning'' of the civilian populations makes no sense, since they have to protect the civilian population [7]
Also it is nonsense, to hold Hamas or other resistance groups responsible for the consequences of the Israeli attacks
However, in sofar Hamas and other groups have a responsibility, that it is their obligation according to International Law, to avoid being located in a civilian area .
But apart from that, that doesn't relieve Israel from her also existing obligation to protect the civilian population with all feasible means, being responsible for her own attacks.
ARE THE PALESTINIAN ROCKET-ATTACKS ON ISRAELI TOWNS AND VILLAGES JUSTIFIED?
One of the principles of International Law states, that the one illegal deed [in casu the Israeli indiscriminate attacks] is no justification whatsoever for anothet illegal deed [the Palestinian rocket-attacks on Israeli cities and villages]
Of course I can have have understanding for the Palestinian motives for launching the rockets, which are lying in the unbalance of power, the struggle between the occupator and the oppressed and the fact that the diplomatic route is no option, since Israel has no respect for International Law and the continuing Western support for Israel
However, regardless the party of the conflict, military attacks on civilians and indiscriminate attacks are forbidden
We must not forget, that also the Israeli inhabitants of the referred cities [Ashkelon, Sderot etc] have a right on life. [8]
Just like the declaration of the Israeli minister of Foreign Affairs, Mrs Livni, that Hamas is responsible for Israeli attacks, makes no sense, Palestinian rocket-attacks can't take place under the pretext, that Israel is responsible.
DIRTY WAR AGAINST THE PALESTINIAN CIVILIAN POPULATION:
ABOUT MILITARY ATTACKS, THE BLOCKADE OF GAZA, HOUSE-DEMOLITIONS AND EXTRAJUDICIAL EXECUTIONS:
The reason, why I have qualified the Israeli military attacks on Gaza as a ''dirty war against the civilian population'' is the structural and systematical character of the indiscriminate attacks, the housedemolitions and the depriving of the innocent Gazan civilian population of the bare necessities like food and medicines, by the continuing blockade of Gaza, which is a crime against humanity [9]
A
Israeli attacks on Gaza:
Over the years of the conflict, the character of the Israeli attacks were either directly targetted against civilians or civilian goals, or indiscriminate, which have costed the lives of hundreds of Palestinian civilians, as well in Gaza, or in the occupied West-Bank and Eastern Jerusalem [10]
B
Liquidations of Palestinian leaders and activists:
Yet apart from those military attacks, there are the Israeli liquidations of Palestinian leaders and activists, since the end of the sixties of the former century.
Those liquidations, as extrajudicial executions in contrary with International Law [they don't take place during combat], are being executed in densepopulated civilian areas like crowded streets, marketplaces, flatappartments and refugee-camps, with as a consequence, that there are a great number of civilians under the victims.
C Housedemolitions:
Another illegal practice refers to the housedemolitions of familymembers of real or alleged suicide-activists or other Palestinians, who are considered as ''terrorists'' by to the Israeli authorities [11]
Those housedemolitions are as a ''collective punishment'' huge violations of International Law, yet apart from the inhumanity
Furtherm, the house demlitions are also contrary with article 53, 4th Geneva Convention, which forbids the destruction of property of ''protected persons' [people, who are living under an occupation]
[12]
D
Blockade of Gaza:
Another aspect of the ''war against the civilian population'' is the Blockade of Gaza, depriving the Gazan population from the bare necessities like medicines and foodsupplies
Sometimes there is a temporary Israeli permission to receive medicines and foodsupplies, before closing Gaza again
Dd 7-1 Israel has llaunched regarding the siege of Gaza-city, a ''pause in battle'' from 12-15 o'clock to give free access to medicines and food-supplies for the civilian population, after having opened the border.
However, this is no ''favour'', but an obligation according to International Law,hich states, in fact, that at all times, there must be free acceess of mediicines and food-supplies for the civilian population..
Blockading the Gaza border is, yet apart from the utter inhumanity, this is according to International Law, a crime against humanity [13]
E
Gaza is still occupied territory
It is important to realize, that not only the principles of the International Humanitarian Law, but also the 4th Geneva Convention, which is referring to the protection of civilians during an occupation, is still applicable, since Gaza is still occupied territory
Now there is a military offensive, but so that the future is uncertain, but anyway, with the withdrawal of the Israeli army out of Gaza, in 2005, the occupation didn't stop, since Israel continued [and of course still does] the air and borders of Gaza
According to the regulations of the Hague Convention dd 1907, a thus border and air control means an occupation [14]
CRUX, THE ISRAELI OCCUPATION OF PALESTINE
EU AND ISRAEL
In the beginning of the article I have stated, that EU foreign chief, Mr Solana, has appealed to a cessation of fire between Israel and Hamas and that Mr Sarkozy went to the Middle-East with that purpose
In this respect, however, it is of main importance, that the EU openly and clearly condemns the present Israeli attacks, which have led to a great number of war-crimes and as such, are a dirty war against the Palestinian civilian population.
The EU has the means to launch political presure Israel, by suspending or ending the Association-Accord [which implies advantageous trade conditions for Israel] with Israel or to launch a boycot or sanctions.
The crux of the comtemporary Middle Eastern confict, however, is the more than 41 years Israeli occupation of the Palestinian territories [West-Bank, Gaza and Eastern-Jerusalem], despite UN Resolution 242, dd 1967, which summoned Israel to withdraw its troops out of the areas, she had conquered after the june-war dd 1967
Untill the day of today, Israel has refused to do that.
Like any other occupation in the world. of course this occupation has led to oppression, humiliations and hige human rights violations
Where opression is, is resistance, which is the universal right of any population
In this case, the resistance has been uttered in a lawful [miliutary actions against the Israeli army] and an illegal [suicide attacks or rocket-attacks against Israeli civilians or civilian goals]
The countries of power, like the EU and USA, have the international obligation, as well out of humanity, as according to International Law, to launch political pressure on Israel to end the occupation, dismantle the illegal settlements in the occupied territories and tear down the illegal Wall, the conflict will go on, with all humanitarian consequences for BOTH parties. [15]
For those consequences, as well as the EU, as the USA will be co-responsible
EPILOGUE:
However, there are actually no signs, the political pressure will be launched.
So the Palestinians will have two choices, to be further humiliated, oppressed and killed
Or to launch a liberation battle against the opressor, which is the universal right of any population, who is oppressed.
Following that line, I I agree with the Hamas-summon for a Third Intifadah, when diplomatic pressure is not launched, or results to the freedom, on which the Palestinians are waiting for so long
Hopefully directed against the Israeli army only.
Because we must never forget, that civilian victims at all costs must be spared, whether on Palestinian, or on Israeli side.
Astrid Essed
Amsterdam
The Netherlands
See for the source of the Israeli air-attack and names of the people who were killed
http://electronicintifada.net/v2/article10099.shtml
http://www.imemc.org/article/58271
http://www.reuters.com/article/worldNews/idUSLS69391620090101
Images of the Israeli New years air-attack:
http://electronicintifada.net/v2/article10093.shtml
[1]
http://electronicintifada.net/bytopic/687.shtml
"Israeli missles tore through a children's playground and busy market in Diere Balah, we saw the aftermath - many were injured and some reportedly killed. Every Hospital in the Gaza strip is already overwhelmed with injured people and does not have the medicine or the capacity to treat them. Israel is committing crimes against humanity, it is violating international and human rights law, ignoring the United Nations and planning even bigger attacks. The world must act now and intensify the calls for Boycott, Divestment and Sanctions against Israel; governments need to move beyond words of condemnation into an active and immediate restraint of Israel and a lifting of the siege of Gaza"
- Ewa Jasiewicz (Polish and British) Free Gaza Movement
http://www.uruknet.info/?p=49952
[2]
See for further international reactions:
http://www.alertnet.org/thenews/newsdesk/LR177109.htm
http://en.wikipedia.org/wiki/International_reaction_to_the_2008-2009_Israel-Gaza_conflict
http://www.un.org/apps/news/story.asp?NewsID=29431&Cr=gaza&Cr1=
[3]
I refer to the Human Rights comment on the Israeli attacks on Lebanon dd 2006, when the Israeli autorities also declared, that they had ''warned'' the Lebanese civilian population
I quote Human Rights Watch:
''While international humanitarian law requires effective advance warning to the civilian population prior to an attack where circumstances permit,[164] those warnings do not relieve Israel from its obligations at all times to distinguish between combatants and civilians and to take all feasible precautions to protect civilians from harm. ''
See the source:
http://www.hrw.org/en/node/10734/section/11
From the report ''Why they died''
http://www.hrw.org/en/reports/2007/09/05/why-they-died-0
[4]
http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/668BF8
[5]
The use of artillery
http://www.reliefweb.int/rw/rwb.nsf/db900sid/ACIO-7MWDBU?OpenDocument
http://www.muslimnews.co.uk/news/print_version.php?article=15396
http://www.haaretz.com/hasen/spages/1052331.html
The use of phosphorusbombs
http://www.timesonline.co.uk/tol/news/world/middle_east/article5447590.ece
http://www.commondreams.org/headline/2009/01/05-0
http://en.wikipedia.org/wiki/White_phosphorus
The use of clusterbombs in Gaza
http://www.haaretz.com/hasen/spages/1052331.html
http://www.todayszaman.com/tz-web/detaylar.do?load=detay&link=163334&bolum=104
[6]
http://www.btselem.org/English/Firearms/
[7]
The socalled ''warnings'' of the Israeli army, trying to release themselves from their obligation to the civilian population, is no ''incident'' in Gaza, since it has also been practized in the Israeli attacks on Lebanon dd 2006
See the documentation under [3]
[8]
http://www.hrw.org/en/news/2008/11/20/letter-hamas-stop-rocket-attacks
[9]
http://www.hrw.org/en/news/2008/11/20/letter-olmert-stop-blockade-gaza
http://www.cmaq.net/en/node/29201
[10]
http://www.amnesty.org/en/news-and-updates/news/children-and-civilian-bystanders-gaza-death-toll-20080303
[11]
I say ''considered as terrorists'', since the Israeli authorities have a very broad definition of the terminoligy ''terrorist'', since they also consider the Palestinian military attacks on the Israeli army being ''terrorist'', which is nonsense and in contrary with International Law
According to International Law only military attacks on civilians or civilian goals are ''terroristic''
In all other cases, parties to the conflict are legitimated to attack the military goal of the adversary, and certainly in the situation of Palestine, since this is resistance against an occupation army
[12]
http://www.hrw.org/en/news/2008/08/09/i … troy-homes
See also
Article 33, 4th Geneva Convention, which forbids collective punishment
Article 53, 4th Geneva Convention, which forbids the destruction of the property of ''protected persons'' [people, who are living under an occupation
According to International Law, Gaza is still occupied area, since Israel is actually controlling the frontiers and air
See Human Rights Watch, Q and A on hostilities between Israel and Hamas
Part of the text:
''The treaty law, most importantly Common Article 3 to the Geneva Conventions of 1949, to which Israel is a party, sets forth minimum standards for all parties to a non-international armed conflict - that is, between a state and a non-state armed group. Also relevant is 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 the withdrawal of its troops. ''
Source:
http://www.hrw.org/en/news/2008/12/31/q-hostilities-between-israel-and-hamas#_What_international_humanitarian
See 4th Geneva Convention:
http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/6756482d86146898c125641e004aa3c5
See the source:
www.icrc.org
See also the the Hague Convention dd 1907
http://net.lib.byu.edu/~rdh7/wwi/hague/hague5.html
[13]
http://www.cmaq.net/en/node/29201
[14]
According to the Hague Convention dd 1907, an area is occupied territory, when it;s air and borders are being controlled by a foreign State
This is applicable to Gaza, since Israel is actually controlling its borders and air, after the withdrawal of the Israeli army in 2005
See the Hague Convention 1907
http://net.lib.byu.edu/~rdh7/wwi/hague/hague5.html
See also:
Human Rights Watch, Q and A on hostilities between Israel and Hamas
Part of the text:
''The treaty law, most importantly Common Article 3 to the Geneva Conventions of 1949, to which Israel is a party, sets forth minimum standards for all parties to a non-international armed conflict - that is, between a state and a non-state armed group. Also relevant is 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 the withdrawal of its troops. ''
Source:
http://www.hrw.org/en/news/2008/12/31/q-hostilities-between-israel-and-hamas#_What_international_humanitarian
[15]
According to International Law [article 49, 4th Geneva Convention], all settlements in the occupied Palestinian territories are contrary with International Law
See the 4th Geneva Convention:
http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/6756482d86146898c125641e004aa3c5
According to the Hague Convention dd 1907, nothing may be undertaken to change the geografical character of the occupied area
The Hague Convention 1907
http://net.lib.byu.edu/~rdh7/wwi/hague/hague5.html
Concerning the illegality of the Israeli Wall, with a route across occupied Palestinian territory:
Dd 9-7 2004, the ICJ declared the building of the Israeli Wall illegitimate, since it is crossing through Palestinian occupied territory
See
http://www.icj-cij.org/presscom/index.php?pr=71&pt=1&p1=6&p2=1
ADDED LITERATURE
The Red Cross:
http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/palestine-press-briefing-060109?opendocument
http://www.icrc.org/Web/eng/siteeng0.nsf/html/palestine-update-030109
http://www.icrc.org/Web/eng/siteeng0.nsf/html/palestine-news-040109!OpenDocument
Amnesty International
http://www.amnesty.org/en/news-and-updates/news/end-unlawful-attacks-and-meet-gazas-emergency-needs-20081229
http://www.amnesty.org/en/news-and-updates/news/israelopt-immediate-access-humanitarian-workers-and-observers-essential-20081231
B'tselem:
http://www.btselem.org/English/Gaza_Strip/20081230_Protecting_Civilians.asp
http://www.btselem.org/English/Gaza_Strip/20081231_Gaza_Letter_to_Mazuz.asp
http://www.btselem.org/English/Gaza_Strip/20090104_Killing_of_Nizar_Rian_and_13_Family_member.asp
http://www.btselem.org/English/Press_Releases/20090106.asp
Human Rights Watch:
http://www.hrw.org/en/news/2009/01/04/israel-gaza-ground-offensive-raises-laws-war-concerns
http://www.hrw.org/en/news/2009/01/05/israel-allow-media-and-rights-monitors-access-gaza
http://www.hrw.org/en/news/2008/12/31/q-hostilities-between-israel-and-hamas
Dirty war against the Palestinian civilian population
''For destruction, destruction
For destruction of the race of men
'A new power is rising
It's victory is at hand"
"There will be no dawn for men"
''TO WAR''
Saruman: Lord of the Rings II, The Two Towers
http://en.wikipedia.org/wiki/The_Two_Towers ''This is a war without mercy''
Mr Barak, Israeli minister of Defense
http://www.euronews.net/en/article/29/12/2008/barak-tries-to-justify-war-without-mercy/ IMAGES PALESTINIAN CHILDREN VICTIMS
http://www.uruknet.info/?p=m50434 Dear Editor and Readers,
In the first place I want to wish you personally a happy, healthy, joyful 2009
May the struggle against injustice, war, occupation, poverty, and human rights violations of all human beings, regardess descent, political conviction or committed crime, continue!
Like you, I was very shocked about the Israeli air-attacks on Gaza, which started dd 27-12, lasted the whole week, even on Newyearsday
Just on the 3th of january, the Israeli groundoffensive in Gaza has started, by which eight Gazans have been killed
Hereby the deathtoll is on 635 Palestinians, under who more than 200 civilians.
More than 2900 people are wounded, while, among else by the Israeli Blockade of Gaza, the hospitals are lacking medicines and the people don't have even the first needs of life, like food and water.
Since the Israeli attacks 4 Israeli civilians in Southern Israel have been killed by Palestinian rokets.
In the meantime, the Israeli groundoffensive has been launched, which has caused a great death toll under the Palestinians and several Israeli death.
Like with all Israeli military offensives, there is no consideration at all with the Palestinian civilian population, since in Gaza, one of the most densely populated areas in the world, without any protection of the civilian population, real or alleged Hamas-targets have been bombed
To launch a modest protest against those Israeli attacks, which are, besides war-crimes, a dirty war against the Palestinian civilian population, I have written underlying article
It is however encouraging, that all over the world, solidarity demonstrations have taken place in behalf of the Gazan civilian population
I give you the link to a demonstration dd 27-12, at Amsterdam on the Dam Square which I have attended too
http://www.youtube.com/watch?v=xuW9YQjfcdU Further I thank you for your activities last year, promoting a better world and your solidarity with Gaza
May the struggle for justice go on
May all parties to the conflict realise, that civilians, whether from Palestinian or Israeli side, never may be the target of milittary attacks
For a free Palestine!
Kind regards
Astrid Essed
Amsterdam
The Netherlands
UPDATE:
Dd 7-1, Israel has launched, regarding to the siege of Gaza-city, a ''pause'' in battle between 12 and 15 o,clock to give accees to medicines and food-supplies for the civilian population, after opening the border
However, this is no ''favour//, but the obligation under International Law, which in fact states, that at all times [not only three hours] there must be free access of medicines and foodsupplies for the civilian population
ISRAELI ATTACKS ON GAZA/DIRTY WAR AGAINST THE PALESTINIAN CIVILIAN POPULATION
DEDICATED TO THE GAZAN POPULATION
''Parties to a conflict shall at all times distinguish between the civilian population and combatants in order to
spare civilian population and property. Neither the civilian population as such nor civilian persons shall be the
object of attack. Attacks shall be directed solely against military objectives. ''
Fundamental rule of the International Humanitarian Law
http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/668BF8 "I have witnessed this army [Israeli, addition Astrid Essed] demolishing, shooting and humiliating people whom I did not know… It hurts me when people, Palestinians, are being so brutally assaulted, and it hurts me when they later turn their hatred towards me because of it. I wasn't born to serve as a soldier who occupies another… My responsibility is to refuse."
Raz Bar-David Varon, Israeli teenager, who refuses to serve in the Israeli army
http://www.amnesty.org/en/news-and-updates/news/israeli-teenagers-jailed-refusing-serve-army-20081218 With great respect and admiration for those Israeli young people, who have the courage to refuse in an occupation army.
PALESTINIAN VICTIMS
IN REMEMBRANCE:
In remembrance of 16 Palestinians, among who 11 children, who have been killed by an Israeli air-attack dd 1-1-2009 NEWYEARSDAY, on the house of Mr Nizar Rayyan, a leader in the Hamas resistance-movement, in the Jabaliya refugee camp
In remembrance of all known and anonymous victims
49-year-old Nizar Abdul-Qadir Rayyan
40-year-old Nawal Ismail Rayyan
46-year-old Hyiam Abdul-Rahman Rayyan
45-year-old Iman Khalil Rayyan
25-year-old Shirin Said Rayyan
2-year-old Asad Nizar Rayyan
3-year-old Usama Nizar Rayyan
3-year-old Aiysha Nizar Rayyan
4-year-old Reem Nizar Rayyan
5-year-old Halima Nizar Rayyan
5-year-old Meryam Nizar Rayyan
6-year-old Abdul-Rahman Nizar Rayyan
12-year-old Abdul-Qadir Nizar Rayyan
12-year-old Ayia Nizar Rayyan
15-year-old Zainab Nizar Rayyan
16-year-old Ghassan Nizar Rayyan
Take a minute of silence for them please, before reading the article
They are symbolising all civilian Palestinian victims
However, I don't forget the Israeli civilian victims, especially the children, because all civilians have the right on protection and on life
Dear Editor and Readers,
With deep shock and deep indignation I have witnessed the Israeli attacks of Gaza, which have started dd 27-12, one day after Christmas, and have since costed a great number of Palestinian lives.
The attacks took place on more than 700 targets, among else the parliament building and other government-facilities, a police building, several Mosks, the University of Gaza, a television-Station, homes, ambulance-cars, tunnels, which supply the population of food, markets and refugee-camps, two UN Schoolsm
EVEN AMBULANCES have been hit..
Regrettably, more is yet to come
Especially children paid a huge price, as already mentioned
Witnesses, living in Gaza and Palestinian newsmedia have testified, that one of those air-attacks took place, when the children were from school on their way home, with as consequences a great number of dead and wounded children. [1]
The murderous air-attacks, in the first week, have been followed by a groundoffensive with air-support.
Two major cities, Gaza-city and Khan Younis, are besieged
Till now [dd 6-1[ he total Palestinian death toll was 635, with morfe than 200 dead civilians
On Israeli side about 10 people have been killed, among else 4 civilians.
More than 2900 Palestinians were wounded, IN ELEVEN DAYS PERIOD [till 6-7]
According to the Red Cross, wounded people are dying in the streets, waiting for ambulances
http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/palestine-update-050109?opendocument On Israeli side there are approximately 24 wounded
However, since the continuing battle the death toll will now lay higher
International reactions:
The international reactions on the attacks on Gaza were predictable:
While the Arab and islamic world, the African Union, some Third World Countries, South Africa and of course the Palestinian Fatah president Mr Abbas were condemning the Israeli attacks, the USA, besides after some cautious remarks about the Israeli army ''to spare the civilian population'', laid the major responsibility at the shoulder of the attacked party, namely Hamas
Japan, Russia and China condemned the Israeli attacks, but also urged to Hamas to end the rocket-attacks on Israeli cities and villages
The EU, as usually condemning without any consequences for Israel, stated by EU Foreign Policy Chief, Mr Solana, a direct cessation of ''military actions on both sides''
Later the EU presidential country, the Chech Republic, has alleged, that the Israeli groundoffensive were ''defensive''
The French president Sarkozy, who wants to force a cessation of fire, left for a trip to the Middle-East, for meetings with the Egyptian president Mubarak, the Israeli authorities, the Fatah Palestinian president Abbas and for the Lebanese and Syrian authorities.
As already expected, the Israeli authorities have refused to stop their attacks, continuing to sow death and destruction
The Secretary General of the UN, Mr Ban Ki Moon, initially stated to be ''very concerned'' about the ''heavy violence and bloodshed'' in Gaza
However, according to the latest news, he calls on as well Israel as Hamas to stop the military activities and also calls on Israel to permit humanitarian supplies in Gaza
In respect with the Israeli groundoffensive, the UN Security Council came together to discuss a Libian resolution for a cessation of fire, which have been vetoed, as usual, by the USA [2]
Another reaction, worth mentioning, came from the newly elefted president, Mr Obama, who uttered his concern about the great number of civilian death in Gaza.
ISRAELI ''SELFDEFENCE''
As has already being said, the USA, Germany and The Chech Republic called the Israeli attacks on Gaza ''self-defendent''
It is a shame and disgrace, that also the Dutch prime-minister, Mr Balkenende has showed ''understanding'' for the position of Israel, because of the firing of Palestinian rockets on Israeli civilian goals
By reacting like that, he, in line with Germany, Chech and the USA, Mr Balkenende is denying the character of the Israeli attacks, which are war-crimes
Meanwhile, the Israeli attacks on Gaza, combined with the groundoffensive, are continuing, taking many innocent civilian lives, on this very moment, this is written
''JUSTIFICATION'' BY THE ISRAELI AUTHORITIES:
The Israeli authorities are justifying the largescale attacks on Gaza with the argument, that the ''terroristic Hamas attacks on Israeli civilian goals must be stopped''
Further, the authorities have declared, that they have ''informed'' the Gazan civilian population of the attacks
Also they have laid the whole responsibility for the attacks at ths shoulder of Hamas.
As I shall make clear in underlying, those Israeli allegations are not only cynical and inhuman, but make no sense at all
Namely it is the obligation of any attacking party according International Law, to protect the civilian population with any means against the consequences of the attack
Just to ''inform'' or ''warn'' the civilian population, doesn't relieve the attacker from her responsibility for the consequences of the attack [3]
Further it is evident, that the attacker alone [in casu the Israeli army] is responsible for the consequences of the attack and not the other party to the conflict, in casu Hamas.
ISRAELI ATTACKS ON GAZA, ARE WAR-CRIMES, BEING GRAVE BREACHES OF THE INTERNATIONAL HUMANITARIAN LAW
According to International Humanitarian Law, it is a fundamental principle, that in an armed conflict, at all times distinction must be made between combatants [military and fighters] and non-combatants [civilians]
Of course this is applicable on all parties of the conflict, in casu as well Israel, as Hamas, Islamic Jihad, the Popular Palestinian Liberation Front and the Al Aqsa Martyrs Brigades, or other resistance groups [4]
When this disctinction isn't made, whether by direct attacks on civilians or civilian goals, or by indiscriminate attacks, war-crimes are committed
Also the use of anti-personal weapons like clusterbombs and artillery, which can't make that distinction, are war-crimes [
According to sources in the Times, Israel has used the internationally forbidden phosphorusbombs in Gaza
According to the Haaretz and other newspapers, likewise the internationally forbidden clusterbombs have been used
[5]
INDISRIMINATE ATTACKS
As being said, direct targeting civilians or civilian goals are forbidden according to International Humanitarian Law
However, mosty and certainly in the case of Gaza, the situation isn't that clear, since the often presence of fighters in civilian areas.
When an attack is then launched, it is only permissable, when all precautions are made by the attacker to protect the civilian population. [6]
When, however, the attacker is not capable or willing to do that and attacks nevertheless, he is responsible for war-crimes, since he knew what risk had been taken with the civilian population
Attacking thus is called an ''indiscriminate attack'', since it isn't possible to make any disctinction between combatants and non-combatants
Not only in respect to those recent attacks, but also in nearly all Israeli attacks in Gaza, indiscriminate attacks took place with as a result a high death toll, Gaza being one of the most densely populated areas of the world.
DIRECT ATTACKS ON CIVILIANS OR CIVILIAN GOALS:
Besides those indiscriminate attacks, Israeli army also has launched attacks on direct Gazan civilian goals like houses, public buildings, the UIniversity of Gaza, a TV Station and two Mosks, which are apparently war crimes
FURTHER INFORMATION:
THE ISRAELI ''WARNING'' OF THE GAZAN CIVILIAN POPULATION
AND THE HAMAS ''RESPONSIBILITY''
As being commented before, each military attacker has the responsibility to protect the civilian population against the consequences of his attacks, as well regarding the choice of the attacking-location, as in the choice of arms [anti-personnel weapons are not permitted in a civilian area]
So the remarks of the Israeli authorities of the ''warning'' of the civilian populations makes no sense, since they have to protect the civilian population [7]
Also it is nonsense, to hold Hamas or other resistance groups responsible for the consequences of the Israeli attacks
However, in sofar Hamas and other groups have a responsibility, that it is their obligation according to International Law, to avoid being located in a civilian area .
But apart from that, that doesn't relieve Israel from her also existing obligation to protect the civilian population with all feasible means, being responsible for her own attacks.
ARE THE PALESTINIAN ROCKET-ATTACKS ON ISRAELI TOWNS AND VILLAGES JUSTIFIED?
One of the principles of International Law states, that the one illegal deed [in casu the Israeli indiscriminate attacks] is no justification whatsoever for anothet illegal deed [the Palestinian rocket-attacks on Israeli cities and villages]
Of course I can have have understanding for the Palestinian motives for launching the rockets, which are lying in the unbalance of power, the struggle between the occupator and the oppressed and the fact that the diplomatic route is no option, since Israel has no respect for International Law and the continuing Western support for Israel
However, regardless the party of the conflict, military attacks on civilians and indiscriminate attacks are forbidden
We must not forget, that also the Israeli inhabitants of the referred cities [Ashkelon, Sderot etc] have a right on life. [8]
Just like the declaration of the Israeli minister of Foreign Affairs, Mrs Livni, that Hamas is responsible for Israeli attacks, makes no sense, Palestinian rocket-attacks can't take place under the pretext, that Israel is responsible.
DIRTY WAR AGAINST THE PALESTINIAN CIVILIAN POPULATION:
ABOUT MILITARY ATTACKS, THE BLOCKADE OF GAZA, HOUSE-DEMOLITIONS AND EXTRAJUDICIAL EXECUTIONS:
The reason, why I have qualified the Israeli military attacks on Gaza as a ''dirty war against the civilian population'' is the structural and systematical character of the indiscriminate attacks, the housedemolitions and the depriving of the innocent Gazan civilian population of the bare necessities like food and medicines, by the continuing blockade of Gaza, which is a crime against humanity [9]
A
Israeli attacks on Gaza:
Over the years of the conflict, the character of the Israeli attacks were either directly targetted against civilians or civilian goals, or indiscriminate, which have costed the lives of hundreds of Palestinian civilians, as well in Gaza, or in the occupied West-Bank and Eastern Jerusalem [10]
B
Liquidations of Palestinian leaders and activists:
Yet apart from those military attacks, there are the Israeli liquidations of Palestinian leaders and activists, since the end of the sixties of the former century.
Those liquidations, as extrajudicial executions in contrary with International Law [they don't take place during combat], are being executed in densepopulated civilian areas like crowded streets, marketplaces, flatappartments and refugee-camps, with as a consequence, that there are a great number of civilians under the victims.
C Housedemolitions:
Another illegal practice refers to the housedemolitions of familymembers of real or alleged suicide-activists or other Palestinians, who are considered as ''terrorists'' by to the Israeli authorities [11]
Those housedemolitions are as a ''collective punishment'' huge violations of International Law, yet apart from the inhumanity
Furtherm, the house demlitions are also contrary with article 53, 4th Geneva Convention, which forbids the destruction of property of ''protected persons' [people, who are living under an occupation]
[12]
D
Blockade of Gaza:
Another aspect of the ''war against the civilian population'' is the Blockade of Gaza, depriving the Gazan population from the bare necessities like medicines and foodsupplies
Sometimes there is a temporary Israeli permission to receive medicines and foodsupplies, before closing Gaza again
Dd 7-1 Israel has llaunched regarding the siege of Gaza-city, a ''pause in battle'' from 12-15 o'clock to give free access to medicines and food-supplies for the civilian population, after having opened the border.
However, this is no ''favour'', but an obligation according to International Law,hich states, in fact, that at all times, there must be free acceess of mediicines and food-supplies for the civilian population..
Blockading the Gaza border is, yet apart from the utter inhumanity, this is according to International Law, a crime against humanity [13]
E
Gaza is still occupied territory
It is important to realize, that not only the principles of the International Humanitarian Law, but also the 4th Geneva Convention, which is referring to the protection of civilians during an occupation, is still applicable, since Gaza is still occupied territory
Now there is a military offensive, but so that the future is uncertain, but anyway, with the withdrawal of the Israeli army out of Gaza, in 2005, the occupation didn't stop, since Israel continued [and of course still does] the air and borders of Gaza
According to the regulations of the Hague Convention dd 1907, a thus border and air control means an occupation [14]
CRUX, THE ISRAELI OCCUPATION OF PALESTINE
EU AND ISRAEL
In the beginning of the article I have stated, that EU foreign chief, Mr Solana, has appealed to a cessation of fire between Israel and Hamas and that Mr Sarkozy went to the Middle-East with that purpose
In this respect, however, it is of main importance, that the EU openly and clearly condemns the present Israeli attacks, which have led to a great number of war-crimes and as such, are a dirty war against the Palestinian civilian population.
The EU has the means to launch political presure Israel, by suspending or ending the Association-Accord [which implies advantageous trade conditions for Israel] with Israel or to launch a boycot or sanctions.
The crux of the comtemporary Middle Eastern confict, however, is the more than 41 years Israeli occupation of the Palestinian territories [West-Bank, Gaza and Eastern-Jerusalem], despite UN Resolution 242, dd 1967, which summoned Israel to withdraw its troops out of the areas, she had conquered after the june-war dd 1967
Untill the day of today, Israel has refused to do that.
Like any other occupation in the world. of course this occupation has led to oppression, humiliations and hige human rights violations
Where opression is, is resistance, which is the universal right of any population
In this case, the resistance has been uttered in a lawful [miliutary actions against the Israeli army] and an illegal [suicide attacks or rocket-attacks against Israeli civilians or civilian goals]
The countries of power, like the EU and USA, have the international obligation, as well out of humanity, as according to International Law, to launch political pressure on Israel to end the occupation, dismantle the illegal settlements in the occupied territories and tear down the illegal Wall, the conflict will go on, with all humanitarian consequences for BOTH parties. [15]
For those consequences, as well as the EU, as the USA will be co-responsible
EPILOGUE:
However, there are actually no signs, the political pressure will be launched.
So the Palestinians will have two choices, to be further humiliated, oppressed and killed
Or to launch a liberation battle against the opressor, which is the universal right of any population, who is oppressed.
Following that line, I I agree with the Hamas-summon for a Third Intifadah, when diplomatic pressure is not launched, or results to the freedom, on which the Palestinians are waiting for so long
Hopefully directed against the Israeli army only.
Because we must never forget, that civilian victims at all costs must be spared, whether on Palestinian, or on Israeli side.
Astrid Essed
Amsterdam
The Netherlands
See for the source of the Israeli air-attack and names of the people who were killed
http://electronicintifada.net/v2/article10099.shtml http://www.imemc.org/article/58271 http://www.reuters.com/article/worldNews/idUSLS69391620090101 Images of the Israeli New years air-attack:
http://electronicintifada.net/v2/article10093.shtml [1]
http://electronicintifada.net/bytopic/687.shtml "Israeli missles tore through a children's playground and busy market in Diere Balah, we saw the aftermath - many were injured and some reportedly killed. Every Hospital in the Gaza strip is already overwhelmed with injured people and does not have the medicine or the capacity to treat them. Israel is committing crimes against humanity, it is violating international and human rights law, ignoring the United Nations and planning even bigger attacks. The world must act now and intensify the calls for Boycott, Divestment and Sanctions against Israel; governments need to move beyond words of condemnation into an active and immediate restraint of Israel and a lifting of the siege of Gaza"
- Ewa Jasiewicz (Polish and British) Free Gaza Movement
http://www.uruknet.info/?p=49952 [2]
See for further international reactions:
http://www.alertnet.org/thenews/newsdesk/LR177109.htm http://en.wikipedia.org/wiki/International_reaction_to_the_2008-2009_Israel-Gaza_conflict http://www.un.org/apps/news/story.asp?NewsID=29431&Cr=gaza&Cr1= [3]
I refer to the Human Rights comment on the Israeli attacks on Lebanon dd 2006, when the Israeli autorities also declared, that they had ''warned'' the Lebanese civilian population
I quote Human Rights Watch:
''While international humanitarian law requires effective advance warning to the civilian population prior to an attack where circumstances permit,[164] those warnings do not relieve Israel from its obligations at all times to distinguish between combatants and civilians and to take all feasible precautions to protect civilians from harm. ''
See the source:
http://www.hrw.org/en/node/10734/section/11 From the report ''Why they died''
http://www.hrw.org/en/reports/2007/09/05/why-they-died-0 [4]
http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/668BF8 [5]
The use of artillery
http://www.reliefweb.int/rw/rwb.nsf/db900sid/ACIO-7MWDBU?OpenDocument http://www.muslimnews.co.uk/news/print_version.php?article=15396 http://www.haaretz.com/hasen/spages/1052331.html The use of phosphorusbombs
http://www.timesonline.co.uk/tol/news/world/middle_east/article5447590.ece http://www.commondreams.org/headline/2009/01/05-0 http://en.wikipedia.org/wiki/White_phosphorus The use of clusterbombs in Gaza
http://www.haaretz.com/hasen/spages/1052331.html http://www.todayszaman.com/tz-web/detaylar.do?load=detay&link=163334&bolum=104 [6]
http://www.btselem.org/English/Firearms/ [7]
The socalled ''warnings'' of the Israeli army, trying to release themselves from their obligation to the civilian population, is no ''incident'' in Gaza, since it has also been practized in the Israeli attacks on Lebanon dd 2006
See the documentation under [3]
[8]
http://www.hrw.org/en/news/2008/11/20/letter-hamas-stop-rocket-attacks [9]
http://www.hrw.org/en/news/2008/11/20/letter-olmert-stop-blockade-gaza http://www.cmaq.net/en/node/29201 [10]
http://www.amnesty.org/en/news-and-updates/news/children-and-civilian-bystanders-gaza-death-toll-20080303 [11]
I say ''considered as terrorists'', since the Israeli authorities have a very broad definition of the terminoligy ''terrorist'', since they also consider the Palestinian military attacks on the Israeli army being ''terrorist'', which is nonsense and in contrary with International Law
According to International Law only military attacks on civilians or civilian goals are ''terroristic''
In all other cases, parties to the conflict are legitimated to attack the military goal of the adversary, and certainly in the situation of Palestine, since this is resistance against an occupation army
[12]
http://www.hrw.org/en/news/2008/08/09/i … troy-homes See also
Article 33, 4th Geneva Convention, which forbids collective punishment
Article 53, 4th Geneva Convention, which forbids the destruction of the property of ''protected persons'' [people, who are living under an occupation
According to International Law, Gaza is still occupied area, since Israel is actually controlling the frontiers and air
See Human Rights Watch, Q and A on hostilities between Israel and Hamas
Part of the text:
''The treaty law, most importantly Common Article 3 to the Geneva Conventions of 1949, to which Israel is a party, sets forth minimum standards for all parties to a non-international armed conflict - that is, between a state and a non-state armed group. Also relevant is 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 the withdrawal of its troops. ''
Source:
http://www.hrw.org/en/news/2008/12/31/q-hostilities-between-israel-and-hamas#_What_international_humanitarian See 4th Geneva Convention:
http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/6756482d86146898c125641e004aa3c5 See the source:
www.icrc.org
See also the the Hague Convention dd 1907
http://net.lib.byu.edu/~rdh7/wwi/hague/hague5.html [13]
http://www.cmaq.net/en/node/29201 [14]
According to the Hague Convention dd 1907, an area is occupied territory, when it;s air and borders are being controlled by a foreign State
This is applicable to Gaza, since Israel is actually controlling its borders and air, after the withdrawal of the Israeli army in 2005
See the Hague Convention 1907
http://net.lib.byu.edu/~rdh7/wwi/hague/hague5.html See also:
Human Rights Watch, Q and A on hostilities between Israel and Hamas
Part of the text:
''The treaty law, most importantly Common Article 3 to the Geneva Conventions of 1949, to which Israel is a party, sets forth minimum standards for all parties to a non-international armed conflict - that is, between a state and a non-state armed group. Also relevant is 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 the withdrawal of its troops. ''
Source:
http://www.hrw.org/en/news/2008/12/31/q-hostilities-between-israel-and-hamas#_What_international_humanitarian [15]
According to International Law [article 49, 4th Geneva Convention], all settlements in the occupied Palestinian territories are contrary with International Law
See the 4th Geneva Convention:
http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/6756482d86146898c125641e004aa3c5 According to the Hague Convention dd 1907, nothing may be undertaken to change the geografical character of the occupied area
The Hague Convention 1907
http://net.lib.byu.edu/~rdh7/wwi/hague/hague5.html Concerning the illegality of the Israeli Wall, with a route across occupied Palestinian territory:
Dd 9-7 2004, the ICJ declared the building of the Israeli Wall illegitimate, since it is crossing through Palestinian occupied territory
See
http://www.icj-cij.org/presscom/index.php?pr=71&pt=1&p1=6&p2=1 ADDED LITERATURE
The Red Cross:
http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/palestine-press-briefing-060109?opendocument http://www.icrc.org/Web/eng/siteeng0.nsf/html/palestine-update-030109 http://www.icrc.org/Web/eng/siteeng0.nsf/html/palestine-news-040109!OpenDocument Amnesty International
http://www.amnesty.org/en/news-and-updates/news/end-unlawful-attacks-and-meet-gazas-emergency-needs-20081229 http://www.amnesty.org/en/news-and-updates/news/israelopt-immediate-access-humanitarian-workers-and-observers-essential-20081231 B'tselem:
http://www.btselem.org/English/Gaza_Strip/20081230_Protecting_Civilians.asp http://www.btselem.org/English/Gaza_Strip/20081231_Gaza_Letter_to_Mazuz.asp http://www.btselem.org/English/Gaza_Strip/20090104_Killing_of_Nizar_Rian_and_13_Family_member.asp http://www.btselem.org/English/Press_Releases/20090106.asp Human Rights Watch:
http://www.hrw.org/en/news/2009/01/04/israel-gaza-ground-offensive-raises-laws-war-concerns http://www.hrw.org/en/news/2009/01/05/israel-allow-media-and-rights-monitors-access-gaza http://www.hrw.org/en/news/2008/12/31/q-hostilities-between-israel-and-hamas