Thursday 23 September 2010

Israel - Not just my opinion!

A while back I was asked to provide evidence of breaches of international law committed by Israel. This was a fairly simple task and now, thanks to the United nations Human Rights Councils (UNHCR), I can add even more grist to the mill.

The UNHCR yesterday published a report which finds that Israel's military broke international laws during the raid on a raid on Gaza-bound ships which were bringing aid.

The action was 'disproportionate' (proportionality being an essential consideration when it comes to the Laws of Armed Conflict (LOAC)) and 'Betrayed an unacceptable level of brutality' *which is another breach of LOAC). The UNHCR panel is so convinced of their findings that they consider the material before them to be sufficient to support prosecutions against Israel for "wilful killing".

Now, obviously this is merely another episode of anti-semitism which means that Israel has rejected this 'biased' and 'one-sided' report on the grounds that it was merely self-defence and their right in the battle for self-preservation (tell that to the families of the nine dead and the many injured!).

So, before we go further, let's see who was on the panel:

Professor Christian Tomuschat - Professor Emeritus at Humboldt University Berlin. Prior to taking the chair of international law in Berlin, he worked for 22 years at the Law Faculty of the University of Bonn as the director of the Institute of international law. A renowned international jurist and an expert on international human rights and international humanitarian law, Professor Tomuschat has also served as a member of the UN Human Rights Committee, president of the International Law Commission, Chairperson of the Guatemalan Historical Clarification Commission, member of the International Commission of Jurists, and judge of the Inter-American Development Bank and the African Development Bank. He is the author of numerous books and articles on human rights and humanitarian law.

Judge Mary McGowan Davis - Former Justice of the Supreme Court of the State of New York and as a federal prosecutor during the course of a 24-year career in the criminal justice sector in New York City. She also has extensive experience in the fields of international human rights law and transitional justice. Justice Davis has been involved in mentoring and training of lawyers and judges in Afghanistan, Iraq, Mongolia, and Rwanda. She visited Cambodia and Sierra Leone on missions relating to the establishment of war crimes tribunals in those countries. She has also served as a consultant to the International Criminal Tribunal for Rwanda and the International Criminal Court. She is a member of the Board of Directors of the American Association for the International Commission of Jurists and the International Judicial Academy, and serves on the Managerial Board of the International Association of Women Judges.

Mr. Param Cumaraswamy - renowned jurist and human rights expert, served from 1994 to 2003 as the Special Rapporteur of the UN Commission on Human Rights on the independence of judges and lawyers. He is a Barrister at Law from the United Kingdom and practices law in Malaysia, and is a former President of the Bar Association of Malaysia. He is an active member of several organizations including the Law Association of Asia and the Pacific, the International Commission of Jurists and the Advisory Council of the American Bar Association Centre of Human Rights. Mr Cumaraswamy is the author of numerous articles on human rights, humanitarian law, the rule of law and judicial independence. are: Professor Christian Tomuschat (Chair), Justice Mary McGowan Davis and Mr. Param Cumaraswamy.

All obvious anti-semites or Palestinians, aren't they?

The fifty-six pages report states that, "There is clear evidence to support prosecutions of the following crimes within the terms of article 147 of the Fourth Geneva Convention: wilful killing; torture or inhuman treatment; wilfully causing great suffering or serious injury to body or health". The conduct of the Israeli military and other personnel towards the flotilla passengers was not only disproportionate to the occasion but demonstrated levels of totally unnecessary and incredible violence.”

STRIKE ONE

The report also found that the Israeli blockade of the Palestinian territory was "unlawful" because of the humanitarian crisis in Palestine.

STRIKE TWO

It has already been found that the building of the wall, the continued settlement beyond the green line and a number of other acts by Israel were illegal.

STRIKE THREE

Time to put in a government which obeys the letter of man's law and the spirit of God's law I'd say.

A final word from the Israelis, who condemning the UNHCR (before the report was even published) as, "Biased, politicised and extremist backed it up after the publication by denouncing the report as being, "As biased and as one-sided as the body that has produced it".

A law unto themselves it seems, sadly not God's laws though!

Want to read it for yourself?
Report of the United Nations Fact-Finding Mission on the Gaza Conflict: http://bit.ly/ZnAwh

Conclusions and recommendations – Report of the UN Fact Finding Mission on the Gaza Conflict: http://bit.ly/96U2dC

1 comment:

UKViewer said...

I agree that Israel is in breach of both Human Rights and International Law.

They have themselves admitted that their storming of the Aid Convoy was an error? Strange word for murder and mayhem, to innocent people.