3) Does Israel have a right to defend itself?
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The precarious and unstable conditions in the Gaza Strip from which Palestinians suffer are Israel’s responsibility. Israel argues that it can invoke the right to
self-defense under international law as defined in Article 51 of the UN Charter. The International Court of Justice, however, rejected this faulty legal interpretation in its 2004
Advisory Opinion. The ICJ explained that an armed attack that would trigger Article 51 must be attributable to a sovereign state, but the armed attacks by Palestinians emerge from within Israel’s jurisdictional control. Israel does have the right to defend itself against rocket attacks, but it must do so in accordance with occupation law and not other laws of war. Occupation law ensures greater protection for the civilian population. The other laws of war balance military advantage and civilian suffering. The statement that “no country would tolerate rocket fire from a neighboring country” is therefore both a diversion and baseless.
Five Israeli Talking Points on Gaza Debunked The Nation
But, you'll have to do better than a left leaning website. Seriously.
Israel ceded governmental control of the Gaza strip back to Palestine in 1993. It then withdrew all of its troops and told all Israeli settlers to evacuate the area in 2005. Any further attacks from that area are from Palestine now. Not much jurisdictional control there now is it? Whatever happens in Gaza happens to Palestine. Whatever happens to Israel is a result of Palestinian action. Palestine is responsible for the blood on its hands, not Israel. Hello? Revisionist history alert!
Moreover, if Russia or China started lobbing ICBMs at us, we wouldn't tolerate that much either, now would we? Indeed, if we launched a rocket at them first, then they would respond likewise. Now, take Israel for example. They are like the Hulk, you keep pelting him with puny rockets and he gets greener and madder.
No country will tolerate an act of aggression, no matter how small that act might seem to you.
She continues:
Israel denies Palestinians the right to govern and protect themselves, while simultaneously invoking the right to self-defense. This is a conundrum and a violation of international law, one that Israel deliberately created to evade accountability.
Palestine is a not a member of the UN, at least from my understanding, international laws or treaties enforced by the UN are not legally binding on a non member state. Basically it gives Palestine the ability to do pretty much whatever it wants. The UN Charter only applies to actions taken by one member state on another, which Palestine is not. Palestine likewise violates international law by launching rockets and initiating ground incursions into Israeli territory.
As for number two in your article:
Israel argues that its occupation of the Gaza Strip ended with the unilateral withdrawal of its settler population in 2005. It then declared the Gaza Strip to be “hostile territory” and declared war against its population. Neither the argument nor the statement is
tenable. Despite removing 8,000 settlers and the military infrastructure that protected their illegal presence, Israel maintained effective control of the Gaza Strip and thus remains the occupying power as defined by Article 47 of the Hague Regulations. To date, Israel maintains control of the territory’s air space, territorial waters, electromagnetic sphere, population registry and the movement of all goods and people.
It's odd she mentions Article 47 of the Hague Regulations, to date, nothing has been "pillaged" from Gaza. Articles 48 and 49 speak of the 'occupying force' being able to lay and collect taxes from the occupied. That ended when Israel handed Gaza over to Palestine. Gaza is surrounded on all sides by a vastly superior military force, therefore it is natural to assume that this superior military force will assert its dominance through air and sea. Not because they want to, but because they can. Moreover, Israel has the right to control who enters and leaves, since there are only two ways to enter Israel, via land or sea.
Article 42 of the Hague Regulations state that an occupation occurs when "when it is
actually placed under the authority of the hostile army." Israel removed its troops in 2005. Therefore there is no real occupation of the Gaza Strip. And, the second clause of Article 42 reads in part, "The occupation
extends only to the territory where such authority has been established and can be exercised." Once again, Israel removed all governmental influence over Gaza in 1993.
She goes on to state:
Palestinians have yet to experience a day of self-governance.
That is also false, since Palestine held parliamentary elections in 2006, whereby Hamas won control over the Gaza Strip. The fact that they are able to hold elections
at all shows they have the ability to govern themselves.
Lastly, to sum up your argument Mr. Tinmore, the Al-Qassam Brigades (of Hamas) were heard telling IDF soldiers:
"From the Al-Qassam Brigades to the Zionist soldiers: The Al-Qassam Brigades love death more than you love life."
It is clear to me that the Palestinian Government places no value on the lives of its citizens. To think that in any way Israel wantonly slaughters innocent civilians is foolish, whilst you ignore the attitudes Palestine takes towards the sanctity of life.
I love how both you and this lady spin this out to make Israel look like it is a ruthless oppressive force out to slaughter and pillage like a bunch of barbarians. You must be joking.