NOVANEWS
by Stephen Lendman
Under international law, Israel’s 44 year occupation is oppressive and illegal for having:
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– attacked a nonbelligerent state;
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– annexed it forcefully;
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– exploited its resources and people;
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– stolen their land and property;
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– violated their human rights by collective punishment, war and numerous crimes against humanity; and
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– failed to recognize Palestinian self-determination under provisions of the December 1960 UN General Assembly Declaration on the Granting of Independence to Colonial Countries and Peoples and all UN resolutions before and thereafter affirming Palestinian self-determination, including:
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– the UN Partition Plan (GA Resolution 181, 1947) granting Jews (with one-third of the population) 56% of historic Palestine, the rest to Palestinians with Jerusalem designated an international city under a UN Trusteeship Council;
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– GA Resolution 2131 (1965): Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Independence and Sovereignty, “reaffirming the principle of non-intervention,” calling it “aggression;”
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– SC Resolution 242 (1967) calling for an end of conflict and withdrawal of Israeli armed forces from occupied territories;
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– SC 338 (1973) repeated the same demand;
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– the 1970 Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations;
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– SC Resolution 298 (1971) affirming “acquisition of territory by military conquest is inadmissible,” calling Israel’s failure to observe previous resolutions deplorable;
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– GA Resolution 3236 (1974) recognizing Palestinian self-determination and expressing “grave concern” that they’ve been “prevented from enjoying (their) inalienable rights (to) self-determination….national independence and sovereignty….without external interference….;”
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– GA Resolution 3314 (1974) on the Definition of Aggression in accordance with the UN Charter and Charter of the Nuremberg Tribunal and its judgment, calling it the supreme international crime against peace;
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– numerous other SC and GA resolutions affirming the principles of international law, including Geneva’s Common Article 1 obliging all nations to enforce them, stating specifically: “The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances;” and
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– Lisbon Treaty (December 2009) principles affirming fundamental freedoms, peace, democracy, human rights and dignity, justice, equality, the rule of law, security, tolerance, solidarity, mutual respect among peoples, the rights of the child, strict adherence to the UN Charter and international law, environmental protection, and sustainable development, and to prevent conflicts and combat social exclusion and discrimination.
Failing also to:
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– comply with the provisions of the Convention on the Suppression and Punishment of the Crime of Apartheid (the Apartheid Convention), defined by the Rome Statute to include murder, extermination, enslavement, torture, arbitrary arrest, illegal imprisonment, denial of the right to life and liberty, cruel, inhuman and degrading treatment, and other abusive acts imposed by one group on another, as well as:
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– not observing international laws with regard to:
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– illegal acts of aggression, including inflicting mass deaths, injuries and destruction during Operation Cast Lead, mostly affecting civilians;
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– free movement, expression and right of assembly
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– imprisoning Gazans under siege;
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– denying the universally acknowledged right of return;
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– refusing Palestinians the right to their own resources “such as watercourses within their land;
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– annexing East Jerusalem in July 1980 despite SC Resolution 478 a month later declaring the Jerusalem Law null and void and requiring its immediate rescinding;
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– constructing the Separation Wall on expropriated Palestinian land (ruled illegal by the International Court of Justice);
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– denying Palestinians access to their own land, air space and coastal waters and control of their borders;
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– violating Fourth Geneva by building illegal settlements on expropriated land, dispossessing protected persons, and transferring its own civilian population to the territory it occupies;
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– using torture, abuse and degrading treatment, illegal at all times, under all conditions with no allowed exceptions;
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– employing targeted assassinations and other willful killings of non-combatant civilians and others; and
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– numerous other systematic violations of fundamental international laws.
Physicians for Human Rights-Israel (PHR-Israel) Responds
PHR-Israel “promote(s) a more fair and inclusive society in which the right to health is applied equally to all.” It opposes Israel’s occupation, standing resolutely for human rights and social justice “in (their) broadest sense,” including:
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– free movement;
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– equal access to medical care;
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– clean water;
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– modern sanitation;
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– proper nutrition;
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– adequate housing;
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– education;
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– decent employment; and
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– nonviolence.