montelatici,
et al,
No, I'm not kidding.
Piracy & Hijacking - The Gaza Aid Flotilla
Massacres - Continuous massacres of non-Jews since the establishment of the Jewish state.
Bombings - You have to be kidding. They have murdered thousands of non-Jews in Lebanon and Palestine bombing civilian housing.
(OBSERVATIONS)
- Piracy & Hijacking - The Gaza Aid Flotilla
As required, the naval blockade was declared and notified. The Israeli authorities
issued a “Notice to Mariners” through the appropriate channels, setting out the imposition
of the blockade and the coordinates of the blockaded area. In addition, the notice was
broadcast twice a day on an emergency radio channel for maritime communications.267
There is no contest about this. The Blockade was established legally and is maintained legally.
- Although people are entitled to express their political views, the flotilla acted recklessly in attempting to breach the naval blockade.
- Israeli Defense Forces personnel faced significant, organized and violent resistance from a group of passengers when they boarded the Mavi Marmara requiring them to use force for their own protection. Three soldiers were captured, mistreated, and placed at risk by those passengers. Several others were wounded.
- Massacres - Continuous massacres of non-Jews since the establishment of the Jewish state.
- Let's get real. HAMAS may be formally - 25 years old, but it takes it lineage back to Sheikh Izz ad-din al-Qassam and the Palestinian Black Hand some 85 years ago. Even one of the terrorist cohorts is named after him (the al-Qassam Brigade). I just went through 10 screen pages of a database on Palestinian Terrorist activity, believe me when I say I could fill this screen with all kinds of incidents. But that is not the point. The point is, that just within the last few days, the HAMAS Leadership acknowledged the responsibility for the kidnapping and murder of three students.
- Within the last year, HAMAS released a 19 point paper on policy which summarizes their struggle and political reasoning for their asymmetric conflict. They have condoned attacks on civilians and condoned the use of civilians as a shield to ward-off Israeli retaliation.
- Bombings - You have to be kidding. They have murdered thousands of non-Jews in Lebanon and Palestine bombing civilian housing.
- In no war, previous to the Israel-Palestinian Conflict, has the practical application of the use of force during belligerent occupation been discussed more. Nor has the fact that a "war" does exist between the people of Gaza and the people of Israel. Nor is it generally discussed the overall threat that HAMAS poses both independently or as a member of the Iranian led "Axis Resistance Bloc" (ARB) (alliance of the Assad Regime, Hezbollah, Palestinian Islamic Jihad, plus a few other Sunni Arab world terrorist elements). However the focus is that --- to --- HAMAS Jihad and the armed resistance is the right and real method for the liberation of Palestine, and the restoration of all the rights, together with, of course, all forms of political and diplomatic struggle including in the media, public and legal [spheres]; with the need to mobilize all the energies of the nation in the battle. This is a "WAR" concept.
- If we look at Gaza strictly through the lens of "Occupation," then we see that Israel has an obligation to ‘take all the measures in its power to restore, and ensure, public order and safety. This obligation is also reflected in Article 64 of the Fourth Geneva Convention, which states: "[t]he Occupying Power may, however, subject the population of the occupied territory to provisions which are essential to enable the Occupying Power to fulfill its obligations . . . to maintain the orderly government of the Territory. If it is a "real occupation" THEN --- Israel must be in a position to
- carry out governance over the occupied territory. If the Gazan's are claiming that Israel Occupies the Gaza Strip, then it should not be surprised at the appearance of Israeli Forces. If ... on the other hand, HAMAS claims invasion, of territory it properly has control over, THEN, that is an admission that Israel was NOT an Occupation Force to start with.
- The issue is, are we at "war" or is it a violent and belligerent "occupation?" "Occupation Law" seems to be the standard being generally applied in the armchair theater. But it would seem questionable given the policy of HAMAS and its objectives. The framework governing the use of force in law enforcement differ from the conduct of hostilities in this complex security environment. Having established the factual reality of "violent" occupation and the significant challenges facing security forces, it is to that issue that the analysis must be based. Maintaining ‘law and order’ can involve preventing and responding to crimes, controlling public demonstrations, disarming individuals or groups, and preventing serious crimes in the focus of several Articles in Statute with the International Criminal Court (ICC) (such as genocide, war crimes, and crimes against humanity). The use of force is normally governed by the principles of necessity (law enforcement type rules) and proportionality (Rules of War), with weapons permitted in self-defense or the defense of others against the imminent threat of death or serious injury; to prevent a particularly serious crime involving grave threat to life; to arrest a person presenting such a danger and resisting their authority; or to prevent escape (law enforcement type rules) --- OR --- on the attack with the expectation to cause incidental loss of civilian life, injury to civilians, and damage to civilian objects, in relation to the concrete and direct military advantage anticipated (Rules of War).
One of the basic principles that Khaled Meshal (Hamas' "political" leader) makes clear is that "Jihad and the armed resistance is the right and real method for the liberation of Palestine, and the restoration of all the rights, together with, of course, all forms of political and diplomatic struggle including in the media, public and legal [spheres]; with the need to mobilize all the energies of the nation in the battle." AGAIN, this is the language of "war" with the "expectation to cause incidental loss of civilian life, injury to civilians, and damage to civilian objects." We call these "consequence." The People of Gaza elected to invoke "Jihad and Armed Struggle" (War) and they "mobilize all the energies of the nation in the battle." In such very actions, they have to accept the "consequences" of their mobilization and attacks.
Most Respectfully,
R