Julie Webb-Pullman reports

International Law

Israelis do NOT have any right to self defence from an occupied people

Gaza

It may seem such a basic tenet of international law that it does not need repeating, but clearly the Israelis are slow learners.

So here we go again with yet another lesson in fundamental international law:

First, Gaza is OCCUPIED. The very fact that the Israeli occupation authorities control the land and sea borders and the airspace, and are in a position to determine who can enter the occupied territory, fatally undermines their position that there is no occupation.

Further, both the International Court of Justice and the International Criminal Court have upheld Gaza’s status as an occupied territory.

Second, a state cannot simultaneously exercise control over territory it occupies, and militarily attack that territory on the claim that it is ‘foreign’ and poses a national security threat. To do so, the Israeli occupation authorities are effectively asserting rights of colonial domination that simply do not exist under international law.

However, military or belligerent occupation IS a status recognised by international law – and has accompanying obligations.

An occupying power is responsible for the welfare of the population under its control. The Fourth Geneva Convention imposes obligations on an occupying power in relation to the inhabitants of the occupied territory, who are entitled to special protection and humane treatment. Among other things, the rules prohibit the occupying power from “wilfully killing” or “ill-treating” protected persons.

War Crimes are defined as:

a) Grave breaches of the Geneva Conventions of 12 August 1949…
b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law….

The actions of the Israeli occupation authorities in conducting military offensive actions against the protected persons of the occupied territory of Gaza therefore are not, and cannot possibly be construed as, self-defence.

But they certainly meet the criteria for grave breaches of the Geneva Conventions, thus constitute WAR CRIMES.

So please, Israeli apologists – enough of the ‘self-defence’ excuses – they just do not hold any legal water.

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UN human rights expert condemns horrific violence in Gaza

NEWS RELEASE

Special Rapporteur on the situation of human rights in the Palestinian territory occupied since 1967

GENEVA (15 May 2018) – A UN human rights expert has called on the Israeli Government to immediately cease its lethal assault against protesters at the Gaza fence, who appear to pose no credible threat to Israeli military forces on the Israeli side of the fence.

 Michael Lynk, the Special Rapporteur on the situation of human rights in the Palestinian territory occupied since 1967, condemned Israel’s excessive use of force towards largely unarmed demonstrators at the Gaza fence on Monday, which has left 58 Palestinians dead, and almost 2,800 wounded. He expressed grave fears this figure could rise sharply in coming days unless Israeli authorities uphold their obligations under international human rights law and international humanitarian law.

 “This blatant excessive use of force by Israel – an eye for an eyelash – must end, and there must be true accountability for those in military and political command who have ordered or allowed this force to be once again employed at the Gaza fence,” he said. (more…)


Euro-Mid Documents Israel’s Use of Human Shields in Gaza

Press Release
Euro-Mid Observer for Human Rights
Geneva 10th Aug, 2014

Kuza'a (400 x 300)

The Israeli military uses Palestinian civilians as human shields, a new report from the Euro-Mid Observer for Human Rights soon will reveal. An investigative team from the non-governmental organization, based in both Geneva and the Gaza Strip, has obtained first-person testimony from several families in various locations describing their capture and use as “shields” for Israeli soldiers for hours at a time. (more…)


Any ceasefire agreement must be based on international law, respect for human rights

Press Release
Ministry of Health Gaza
August 06, 2014

The Ministry of Health Gaza insists that any ceasefire agreement must guarantee the human rights of our people, most importantly, the right to health.

We therefore stress that any agreement arising out of the talks in Cairo must be based on international law, not self-interest.

We emphasise that international law is something that is applied without fear or favour, not negotiated.

Loss of Palestinian land up until 2012

Loss of Palestinian land up until 2012

(more…)


Joint Declaration by International Law Experts on Israel’s Gaza Offensive

The International Community Must End Israel’s Collective Punishment of the Civilian Population in the Gaza Strip

girl

As international and criminal law scholars, human rights defenders, legal experts and individuals who firmly believe in the rule of law and in the necessity for its respect in times of peace and more so in times of war, we feel the intellectual and moral duty to denounce the grave violations, mystification and disrespect of the most basic principles of the laws of armed conflict and of the fundamental human rights of the entire Palestinian population committed during the ongoing Israeli offensive on the Gaza Strip. (more…)


Medical facilities, personnel a red line, says Gaza MOH

Press Release
Gaza Ministry of Health, Palestine

Two Palestinian girls run past a damaged ambulance in Gaza

Medical Facilities and personnel are a red line

The Ministry of Health Gaza strongly condemns two Israeli attacks on Gazan medical facilities and personnel in the last 24 hours.

The first resulted in the destruction of Al Durrah Children’s Hospital in Gaza City last night. A two year-old child in the Intensive Care Unit was killed, and 30 others injured.

The second was an attack this afternoon on an ambulance with two paramedics inside in Beit Hanoun, North Gaza. One was killed, and the other critically injured. (more…)


Gaza: Statement by Navi Pillay, UN High Commissioner for Human Rights

Geneva, 23 July 2014

Human Rights Council 21st Special Session:
Human Rights Situation in the
Occupied Palestinian Territory, including East Jerusalem

Boy trapped in rubble, Gaza

Boy trapped in rubble, Gaza

Mr. President,

Distinguished Members of the Human Rights Council,

Excellencies,

The situation in the occupied Gaza Strip is critical for the civilians living there and requires your urgent attention. Since Israel announced its military operation “Protective Edge” on 7 July, Gaza has been subjected to daily intensive bombardment from the air, land and sea, employing well over 2,100 air strikes alone. The hostilities have resulted in the deaths of more than 600 Palestinians, including at least 147 children and 74 women.

This is the third serious escalation of hostilities in my six years as High Commissioner. As we saw during the two previous crises in 2009 and 2012, it is innocent civilians in the Gaza Strip, including children, women, the elderly and persons with disabilities, who are suffering the most. Read more HERE