ISRAELI FRONTLINE is non-profit.
This weblog is rewarded for each click, so please visit our advertisers to see what they are offering, with no obligation. Thank you!
All opinions expressed on this weblog are those of the author, with the exception of opinions expressed in links that appear on this site and with the exception of comments written by viewers whose opinions may not necessarily reflect the author's. All original material is copyrighted and property of the author, and is not to be used without permission, unless it is attributed to this weblog (with a hyperlink to http://israeli-frontline.com/, or to the particular article shown in this weblog). All emails and messages containing public news and information are presumed to be for publication on this site, unless otherwise specified. I reserve the right to delete comments that I find to be offensive in nature, inappropriate or irrelevant to the content of this weblog. Michelle Cohen, Creator of ISRAELI FRONTLINE---------------------------------------------------------------- © 2010 - 2014 ISRAELI FRONTLINE - All Rights Reserved.
Today's Top Headlines, Videos, Analysis and Opinion / / HOME PAGE

Friday, November 16, 2012

Combating Terrorism from Gaza - Gaza and International Law

Myths and Facts
Source: Myths and Facts
By Eli E. Hertz


United Nations Security Council (UNSC) resolutions and International treaties define crimes against humanity as the "participation in, and knowledge of, a widespread or systematic attack against a civilian population, and the multiple commissions of [such] acts ... against any civilian population."

These international binding instruments go-on to impose uniform mandatory counter-terrorist obligations on all states to "bring to justice the perpetrators, organizers, and sponsors of terrorist attacks and stresses that those responsible for aiding, supporting or harboring the perpetrators, organizers and sponsors of these acts will be held accountable.

 There is no escape clause - UNSC repeats "its unequivocal condemnation of all acts, methods and practices of terrorism as criminal and unjustifiable, regardless of their motivation, in all their forms and manifestations, wherever and by whomever committed." Terrorist organizations such as Hamas that kidnap Israelis, blow up and destroy public buses, murder young people at caf├ęs and discos, and school outings, alongside indiscriminate around-the-clock shelling of hundreds of Katyusha, Qassam, and Grad rockets targeting civilian populations in Israel, are clearly committing Crimes Against Humanity - acts of terrorism for which the UNSC under Chapter VII of the UN Charter directs everyone to fight terrorism by all means.

International law leaves no room to question Israel's right to defend its citizens against systematic and sustained terrorist attacks launched from Gaza, by Hamas. Israel's reaction to aggression is nothing more than a measured, fair response designed “to effectively terminate the attack [s]” upon it by terrorists supported by Iran, Syria, and Lebanon, in order to “prevent its recurrence.” Israel is far from using all means in fighting terrorism, as required by UNSC.
_________________________________


Gaza and International Law

Myths and Facts
By Eli E. Hertz


What unites Palestinian Arabs is their opposition to Jewish nationalism and a desire to stamp it out - not aspirations for their own state. Murdering Jews is a collective Palestinian Arab effort that requires a collectively sensible response.

Israel's reaction to nearly ten years of shelling Israeli civilian population centers from the Gaza Strip is nothing more than a measured, fair response, designed to effectively terminate armed attacks and more importantly - to prevent its recurrence. All of Israel’s actions in this regard are supported by international law.

Hamas - a United States designated foreign terrorist organization, by their aggression and initial use of armed force against Israeli civilians and non-combatant Jews in breach of the United Nations Charter, constituted prima facie [Latin: on its face] evidence of an act of aggression - aggression being defined by international law as "the most serious and dangerous form of illegal use of force."[1]
Therefore, the rule of proportionality in this case of continuous aggression, needs to be met by Israeli acts that will induce the aggressor to comply with international obligations. A countermeasure need not be the exact equivalent of the breaching act.[2]

United Nations Resolutions demand of states to combat terrorism and reaffirm their:

“unequivocal condemnation of all acts, methods and practices of terrorism as criminal and unjustifiable, regardless of their motivation, in all their forms and manifestations, wherever and by whomever committed.” [3]

Judge Schwebel, the former President of the International Court of Justice is quoted saying:

"In the case of action taken for the specific purpose of halting and repelling an armed attack, this does not mean that the action should be more or less commensurate with the attack."

1 See: UN Resolution 3314 (XXIX). Definition of Aggression.
2 United States Department of State, Draft Articles on State Responsibility, Comments of the Government of the United States of America, March 1, 2001. See: www.state.gov/documents/organization/28993.pdf
3 See: UNSC 1269, 1368, 1373, 1377