Hamas leaders in Gaza
Join the call for removal of Hamas’ Political wing from the UK’s Proscribed List of Terrorist Bodies
Dear Home Secretary,
We, the undersigned, are calling for the removal of the Hamas political wing from the Proscribed list. Whilst the military wing was proscribed by Blair’s Government of 2001, the political wing was only proscribed by your predecessor Priti Patel two years ago, following her secret meetings whilst on holiday in Israel. It was passed in parliament without a vote.
Section 4 of the Terrorism Act 2000 provides “that the organisation or any person affected by a proscription can submit a signed, written application to the Home Secretary requesting that they consider whether a specified organisation should be removed from the list of proscribed organisations”. (See under Deproscription here) We are all affected by the Hamas proscription, so our signature on this letter cannot be used against us.
With death and destruction in Gaza, we think now is the time to re-open communications with Hamas’ political wing; they are the democratically elected leaders of Palestine. Britain regards the occupation of Palestinian land by Israel as wrong, yet by proscribing Hamas, we exclude Gazan leaders from conversations about resolution. Because we created Israel, the responsibility to resolve the occupation falls squarely upon us.
International law guarantees Palestinians the right to resist occupation, including armed resistance- a course which Hamas follows, but few western governments acknowledge. United Nations resolution 37/43 of 1982, “reaffirms the legitimacy of the struggle of peoples for independence, territorial integrity, national unity and liberation from colonial and foreign domination and foreign occupation by all available means, including armed struggle.”
The resolution’s preamble makes clear that it refers specifically to the rights of Palestinians: “Considering that the denial of the inalienable rights of the Palestinian people to self-determination, sovereignty, independence and return to Palestine and the repeated acts of aggression by Israel against the peoples of the region constitute a serious threat to international peace and security.”
Under international law, Israel’s occupation of the Palestinian territories is illegal, and Palestinians have a right to “armed struggle” against their illegal occupier – thus, ipso facto, Palestinians have a right to defend themselves against Israel – but Israel’s right to defend itself against Palestinian resistance is not guaranteed in the same manner.
Hamas’ most recent communiqué of 2017 underlines their commitment to abide by the democratic will of a new Palestine – one that includes their oppressors, on the understanding that they cease their Zionist aspirations. They may seek an Islamic state, but they declare they will abide with the democratic preference of a majority- in an electorate that would include those identifying as Jews. No Zionist would be forced to leave a Palestine that was run by Hamas. Muslim lands have – and still do – welcome Jews, as “people of the book”.
Whilst Israel believes it can wipe out Hamas, we believe that translates into wiping out the Gaza people, for they elected Hamas and are closely intertwined with that body. After 75 years of occupation, in 2007 the Palestinians appointed Hamas to lead them; please note that the Palestine Authority rejects Hamas’ annual calls for fresh elections.
I declare that because we recently proscribed their political wing, we leave Gazans without a voice. That decision must be reversed.
Yours sincerely,
[add your signature at https://www.gopetition.com/petitions/call-for-removal-of-hamas-political-wing-from-the-uks-proscribed-list-of-terrorist-bodies.html or short url www.tiny.cc/hamas ]
[The above letter is supported by anti-Zionist campaigner Tony Greenstein. The petition was publicised here: https://www.middleeastmonitor.com/20231030-we-need-a-national-debate-about-hamas/]
More Information- and Can you help?
We call upon the Home Secretary to help bring peace to the Middle East by removing Hamas’ political wing from the proscribed terrorist list. We declare that Hamas have a legitimate right to use force to oppose Israel, an occupier. Israel does not have the right to use force against those whom they occupy.
CJ Werleman, writing in TRT World, notes: “International law sides with the struggle for Palestinian liberation, and is vehemently opposed to Israel’s transgressions, and thus the international community must stand in solidarity with the Palestinian people, because in conflict between occupier and the occupied, only the occupied have a lawful and moral right to defend themselves.
When Palestinians support non-violent forms of resistance, such as the boycott Israel movement, they’re smeared by Israel as “anti-Semites.” When they protest against their injustices angrily, they’re smeared as violent Arabs, and when they resort to violence, out of sheer desperation, they’re labelled “radical Islamic terrorists.”
“Under international law, Israel’s occupation of the Palestinian territories is illegal, and Palestinians have a right to “armed struggle” against their illegal occupier – Israel – thus ipso facto Palestinians have a right to defend themselves against Israel, but Israel’s right to defend itself against Palestinian resistance is not guaranteed in the same manner.”
“This undercuts every Israeli attempt to couch its violence against the Palestinian people in claims of self-defence.”
Even former Labour Leader Tony Blair said in 2017 that “We were wrong to boycott Hamas after its election win.”
Stanley Cohen, a Jewish American lawyer declares “Occupation sits heavy on the occupied, every day in every way, limiting who you are and what you may dare to become.”
Hamas published “A Document of General Principles and Policies” in May 2017, that accepted an interim Palestinian state along the “Green Line” border established before the Six-Day War, but that still refused to recognize Israel. It notes “ Hamas affirms that its conflict is with the Zionist project, not with the Jews because of their religion. Hamas does not wage a struggle against the Jews because they are Jewish but wages a struggle against the Zionists who occupy Palestine. Yet, it is the Zionists who constantly identify Judaism and the Jews with their own colonial project and illegal entity.”
[NB Not all Jews are Zionists; not all Zionists are Jews. Zionists include Winston Churchill, George W Bush, Joe Biden, Sir Keir Starmer are Christian Zionists. Surveys have shown that around 70% of those 300,000 in the UK declaring as Jewish are Zionists.]
IF YOU WANT TO HELP WITH THIS PETITION: We have 20,000 copies of this flyer to distribute. Please take some to your next Palestine rally. You can get as many as you want posted to you, between 50 and 1,000. Just send your address, etc to us at info@onepalestine.land
Debunking Statements from UK Politicians on Hamas
Our politicians say ‘We condemn the brutal terror attacks perpetrated by Hamas, the murder, torture, mutilation, hostage-taking and rape in the strongest possible terms. Innocent people have been once again caught in the cycle of violence that has torn apart so many lives… Israel has the right to defend herself from terror.‘
However, there is no evidence of torture, mutilation and rape. There is only an image of a woman having a period. There is no evidence of any beheadings either, US President Biden has now admitted. This is Israeli hasbara; no pictures have been presented of on-site evidence- only reports from Israeli army personnel. It took Israel a fortnight before it presented what they claim is visual evidence of torture; could AI have been used? But what is absolutely clear is that many – possibly 50% of those who died- were killed by Israeli forces. Images or cars full of burned corpses and destroyed houses could not have been done by the Palestinians, who were on motorcycles with kalashnikovs. The IDS itself admitted that Apache helicopters shot up every car headed to Gaza that it could, all of which contained Israelis being taken there. This video from the Electronic Intifada includes eye-witness Israeli civilian and helicopter pilot accounts (they were firing Hellfire missiles) which confirm this. This radio interview from a woman at the music festival tells more.
As the investigation into Shireen Abu Akleh, the American/Palestinian journalist killed by the Israeli army, has shown, denial and lies are normal for them. (Another example: on the 23rd October, Israeli President Isaac Herzog claimed on Sky News that Israeli Military found materials to develop chemical weapons on Palestinian fighters. It’s been revealed that the material was an amateur biography of World Trade Centre attacker Ramzi Yousef and contained no instructions on how to develop chemical weapons.)
There have been many deaths, however- but politicians need to understand that this is as a result of armed struggle.
All Israelis defining themselves as Jewish (apart from the highly Orthodox) are reservists in the Israeli Army and can therefore be deemed combatants.
They are also illegal occupiers of Palestinian land. They cannot claim to be ignorant of this, for the UN has been telling them as much for many years. Hence, they are actually victims in a battle with those whose land they illegally occupy. Our politicians condemn Russia over its occupation of Ukrainian land, yet comparison is appropriate here. We devote enormous resources to saying Russia is in the wrong, but we tolerate, nay, support Israel doing the same. At the same time, Britain is hugely culpable in far worse massacres, even than Israel. In our illegal invasion of Iraq twenty years ago we dropped 30,000 bombs with the US; this and our ground invasion resulted in the deaths of 300,000 civilians. Yet our politicians consider Hamas, with their motorcycles and paragliders, to be worse than we – with our cruise missiles and drones. Colonising Europeans, (and we include Israelis here), have believed since the crusades that there is some God-given right to kill Arabs. We are the mother of Israel; Israeli weapons are made in the UK; this is our jihad, too.
And what our politicians call “hostage-taking” should be seen as “administrative detention”. See Hamas video interview with Sky about Israelis held in Gaza here
The legal basis for Israel’s use of Administrative Detention is the British Mandate 1945 Defence (Emergency) Regulations . Now Hamas are doing what we British did both then and most recently, in Northern Ireland. If we do it it is correct, but when Hamas do the same, it is somehow wrong? Don’t forget, Hamas are the democratically elected rulers of Palestine; their legitimacy is founded on that fact. Note Israel immediately took 5,000 Gazans who had been working in Israel hostage, when the attack took place. Their soldiers and police are beating them and denying them medicine Fears for thousands of Gazans missing in Israel as workers ‘rounded up, arrested and blindfolded’ (msn.com)
Netanyahu, Hamas vs ISIS and British Tory History
For the past 15 years Netanyahu has been an enabler of Hamas, allowing funds from Gulf patrons to flow through Israeli banks to keep it flush. In March 2019, Netanyahu told his Likud colleagues ‘Anyone who wants to thwart the establishment of a Palestinian state has to support bolstering Hamas and transferring money to Hamas… This is part of our strategy – to isolate the Palestinians in Gaza from the Palestinians in the West Bank.’
It is no secret that following the Hamas win of Palestinian elections (they took almost double the seats of Fatah), Israel (with US assistance) fomented the civil war between Fatah and Hamas in 2007, which has left the two groups physically and politically separated by 22 miles of land controlled by Israel. By enabling funds to both Fatah and Hamas, Israel has supported both. This allows Israel to insist there is no Palestinian partner they can do business with, so no peace process is possible.
What Israel is guilty of is a litany of war crimes since the day it was founded on 14 May 1948. ‘Shooting fish in a barrel’ is perhaps the metaphor closest to Gaza’s reality right now.
Whilst some politicians have said Israel is committing war crimes, this is all they should be talking about.
The claim that Hamas were in the wrong to break through the illegal border fence and kill Israelis is bogus; Hamas are in the right under international law, which declares that Palestinians have the right to use force against Israel and its army personnel (both active and in reserve) to end their unjust rule. We all regret the killing of unarmed civilians – but Israelis who resist Hamas are occupiers and must either surrender or accept the consequences.
When Israelis say Hamas are like ISIS, they intentionally muddy the waters, as they are quite the opposite. Hamas welcomes British and US aid workers, whereas ISIS execute them. And note that Islamic State despise Hamas. One of Hamas’s main crimes, Islamic State argue, is its participation in Palestinian elections, which Islamic State view as putting man-made law above god’s law. This ought to indicate to us all that Hamas are committed to respectful international relations and democracy. Their most recent communiqué of 2017 is where they make clear their commitment to abide by the democratic will of a new Palestine – one that includes their oppressors, on the understanding that they cease their Zionist aspirations. They may want an Islamic state but they state they will go with the democratic preferences of a majority- in an electorate that would include those identifying as Jews. No Zionist would be forced to leave in a Palestine that was run by Hamas.
The truth is that Jews have always fared well in Muslim countries, notwithstanding Mossad’s best efforts to bomb the synagogues there to claim otherwise. That’s because Islam sees Jews as ‘people of the book’, for the Q’ran recognises the prophets of the Torah. This 5-minute clip we made on TikTok of Rabbi Beck on Islam saying as much a week ago has had over a million views; it’s on Youtube too
We note that since 1920 at least four times more Palestinians have been killed by Israelis- with their homes and land stolen whilst the West looks on. Hamas were elected by the Palestinians to govern in 2007; they annually call for fresh elections, but are opposed by the Palestine Authority President Abbas in getting these, because he knows Hamas would win again. They are the legitimate voice of the Palestinian people.
Netanyahu opposed Oslo; he has always opposed negotiating a settlement. Israel calling Hamas a terrorist organisation and lobbying for the UK and US to do the same makes sure it cannot participate meaningfully in global politics. The rift with the Palestine Authority preserves diplomatic paralysis by ensuring there is no established government with which to negotiate. This gives Israel a convenient excuse not to end the conflict.
The UK Government’s proscription of Hamas is wrong: Hamas has never threatened attacks on UK soil, nor is known to have carried out any attacks outside of Israel-Palestine. Hamas is a resistance movement, no different from the many resistance movements that we supported against Germany’s occupation in WW2 of France, Belgium, Holland etc. The US killed many civilians, with Hiroshima; Britain too – Dresden for example- and plenty of Palestinians from 1936 to ’39. So we are as guilty as anyone. Note that Churchill knew full well of Auschwitz but chose to do nothing- if we had put some of the resources used to support the free French into bombing the gas chamber railway lines, or dropping flyers to the German public about the Holocaust, then we could have saved many from the gas chambers. Indeed, Britain’s relaxed attitude towards antisemitism in WW2 and its current support of Zionism go hand in hand; both aim to get the Jews out of Britain, by exporting them to Palestine.
Let’s remember that we British gave away Palestine to the Zionist Federation in 1917, even before we had stolen it from the Turks. (It was a Tory Government who did this). Then we changed the demographic from 8% Jews to 82% people identifying as Jews over the following 30 years, suppressing every complaint from Palestinians by massive force, bombings and executions (see www.tinyurl.com/bbcukapology ). Britain effectively created Israel through the British mandate: we ignored Truman’s offer to take Holocaust survivors to the USA, rather allowing Zionists to transport them to Palestine, where they joined the Jewish battalions we had trained to fight Hitler and the Zionist settlers we had trained to kill Palestinians. To drive the Nakba of 800,000 Palestinians out of their homes, they used the uniforms and weapons we left behind when we did a runner, after the precursor of the IDF – the terrorist Irgun – moved on from killing Palestinians and started murdering British soldiers. Britain bears absolute responsibility for the suffering of Palestine. (see Israel & Palestine Explained – One Democratic Palestine (onepalestine.land))
Antipathy towards Palestinians runs deep within Israeli society, for citizens have been taught since birth that they are God’s people who own all of the land. Israel now plans a complete blockade of two million Gazan Palestinians, stopping all essential supplies. The defence minister of the far-right regime of Netanyahu and Ben Gvir and Yoav Gallant, motivated this by saying that Palestinians were ‘human animals’ who need to be deprived of all food, water and medicine. This is the politics of Adolf Hitler, and if carried out would lead to the deaths of a couple of million people, turning Gaza into Auschwitz. At the same time, Netanyahu openly stated that he wants Palestinians to flee to Egypt. So, this is how they are attempting another Nakba in Gaza.
If Hamas is regarded as a terrorist organisation because it has killed “civilians”, shouldn’t Israel be called a terrorist state because it has massacred and killed large numbers of Palestinian and Arab civilians? What difference is there between Hamas shooting reservists at a hippie festival and Israel raining bombs on the most densely populated place of earth? The difference is that Hamas are freedom fighters and Israel is carrying out its own final solution on two million Gazans, with the clear support of Sunak, Starmer and Biden. The Palestinian Christian leader Hanan Ashrawi recently pointed out on Channel 4 news that Hamas are part of the fabric of Palestinian life and cannot be removed; will Netanyahu kill everybody?
The YouGov survey (at www.tinyurl.com/YouGovPal ) of five months ago reports 23% of the UK public support Palestine, with just 10% for Israel- yet our leaders favour Israel. Why?
Sunak’s statement to Parliament at Israel and Gaza – Hansard – UK Parliament on the 16th October shows just how deluded and out of step with the British people he is. He spouted more of the same, a week later – see Israel and Gaza – Hansard – UK Parliament
Background
*Al Qassam Brigades spokesperson Abu Obaidah on 23rd Oct: “We have released two Israelis for compelling humanitarian reasons, although Israel has committed over 8 violations to obstruct the process procedures” [2 more were released a couple of days before]. See how the Israelis held in Gaza were treated here and here.
More at www.onepalestine.land/israel-palestine-explained/#Hamas
Originally this petition was lodged with the Government – see UK Gov call for Hamas to be removed from the proscribed list here with 21 signatures. However, the Gov declared the petition invalid, declaring “It calls for an action relating to a particular individual, or organisation outside of the UK Government or Parliament. We can’t accept petitions [on our site] which call for actions with regard to named individuals, organisations or businesses. This includes petitions [on our site] about the proscription of organisations under the Terrorism Act 2000.”
To see the widespread antipathy towards Palestinians, watch “Israelis Speak Candidly to Abby Martin About Palestinians“. This is because Israeli children are taught in schools to hate – Even children are brainwashed . I have no words! #school #children #muslim #islam | Instagram
Whilst British newspapers screech about every dead Israeli; reflect on this – Devastated British doctor loses 35 members of his family in airstrike on their Gaza home (msn.com)
See Rabbi Beck explain why Zionists are not Jews and Israel is not the Jewish state and how Muslim have always welcomed Jews
Watch short drama “Three Minute Warning” on Israeli roof-knocking at https://youtu.be/PoPcn4Qpg68 . This is what Biden’s multibillion- dollar gift to Israel is going to fund.
In Israel, Palestinians have to display separately marked license plates – to show that they are not qualified to ride on the same highways as Jews. The euphemistically named ”settlements” are linked by Jewish only highways. Even in South Africa during apartheid they did not have that: whites only highways. In 2008, there were 800 kilometres of Jewish-only roads in Palestine/Israel.
What is more shocking: 200 Israelis captured on 7 October 2023 or the more than 2,000,000 Palestinian captives, on top of 75 years of genocide and apartheid?
Hamas Policies
Hamas “A Document of General Principles and Policies” in May 2017 is at https://palwatch.org/storage/documents/hamas%20new%20policy%20document%20010517.pdf
It observes:
1. The Islamic Resistance Movement “Hamas” is a Palestinian Islamic national liberation and resistance movement. Its goal is to liberate Palestine and confront the Zionist project. Its frame of reference is Islam, which determines its principles, objectives and means.
9. Hamas believes that the message of Islam upholds the values of truth, justice, freedom and dignity and prohibits all forms of injustice and incriminates oppressors irrespective of their religion, race, gender or nationality. Islam is against all forms of religious, ethnic or sectarian extremism and bigotry. It is the religion that inculcates in its followers the value of standing up to aggression and of supporting the oppressed; it motivates them to give generously and make sacrifices in defence of their dignity, their land, their peoples and their holy places.
12. The Palestinian cause in its essence is a cause of an occupied land and a displaced people. The right of the Palestinian refugees and the displaced to return to their homes from which they were banished or were banned from returning to – whether in the lands occupied in 1948 or in 1967 (that is the whole of Palestine), is a natural right, both individual and collective. This right is confirmed by all divine laws as well as by the basic principles of human rights and international law. It is an inalienable right and cannot be dispensed with by any party, whether Palestinian, Arab or international.”
16. Hamas affirms that its conflict is with the Zionist project not with the Jews because of their religion. Hamas does not wage a struggle against the Jews because they are Jewish but wages a struggle against the Zionists who occupy Palestine. Yet, it is the Zionists who constantly identify Judaism and the Jews with their own colonial project and illegal entity.
17. Hamas rejects the persecution of any human being or the undermining of his or her rights on nationalist, religious or sectarian grounds. Hamas is of the view that the Jewish problem, anti-Semitism and the persecution of the Jews are phenomena fundamentally linked to European history and not to the history of the Arabs and the Muslims or to their heritage. The Zionist movement, which was able with the help of Western powers to occupy Palestine, is the most dangerous form of settlement occupation which has already disappeared from much of the world and must disappear from Palestine.
18. The following are considered null and void: the Balfour Declaration, the British Mandate Document, the UN Palestine Partition Resolution, and whatever resolutions and measures that derive from them or are similar to them. The establishment of “Israel” is entirely illegal and contravenes the inalienable rights of the Palestinian people and goes against their will and the will of the Ummah; it is also in violation of human rights that are guaranteed by international conventions, foremost among them is the right to self-determination.
20. Hamas believes that no part of the land of Palestine shall be compromised or conceded, irrespective of the causes, the circumstances and the pressures and no matter how long the occupation lasts. Hamas rejects any alternative to the full and complete liberation of Palestine, from the river to the sea. However, without compromising its rejection of the Zionist entity and without relinquishing any Palestinian rights, Hamas considers the establishment of a fully sovereign and independent Palestinian state, with Jerusalem as its capital along the lines of the 4th of June 1967, with the return of the refugees and the displaced to their homes from which they were expelled, to be a formula of national consensus.
25. Resisting the occupation with all means and methods is a legitimate right guaranteed by divine laws and by international norms and laws. At the heart of these lies armed resistance, which is regarded as the strategic choice for protecting the principles and the rights of the Palestinian people.
28. Hamas believes in, and adheres to, managing its Palestinian relations on the basis of pluralism, democracy, national partnership, acceptance of the other and the adoption of dialogue. The aim is to bolster the unity of ranks and joint action for the purpose of accomplishing national goals and fulfilling the aspirations of the Palestinian people.
30. Hamas stresses the necessity of building Palestinian national institutions on sound democratic principles, foremost among them are free and fair elections. Such process should be on the basis of national partnership and in accordance with a clear programme and a clear strategy that adhere to the rights, including the right of resistance, and which fulfil the aspirations of the Palestinian people.
40. In its relations with world nations and peoples, Hamas believes in the values of cooperation, justice, freedom and respect of the will of the people.
41. Hamas welcomes the stances of states, organisations and institutions that support the rights of the Palestinian people. It salutes the free peoples of the world who support the Palestinian cause. At the same time, it denounces the support granted by any party to the Zionist entity or the attempts to cover up its crimes and aggression against the Palestinians and calls for the prosecution of Zionist war criminals.
42. Hamas rejects the attempts to impose hegemony on the Arab and Islamic Ummah just as it rejects the attempts to impose hegemony on the rest of the world’s nations and peoples. Hamas also condemns all forms of colonialism, occupation, discrimination, oppression and aggression in the world.
More info on Hamas in What Is Hamas? from the Council on Foreign Relations at https://www.cfr.org/backgrounder/what-hamas
The UK Government declared all parts of Hamas terrorist in 2021; the European Council on Foreign Relations thought this a mistake. It noted “A motion to label the entire Hamas movement as “terrorists” is an attempt to score political points at the cost of a peacemaking strategy for Israel-Palestine.” See https://ecfr.eu/article/why-the-uks-blacklisting-of-hamas-hurts-its-own-peace-policy/
According to Wikipedia, Palestinian political violence – Wikipedia, it is estimated that since 1920, when the first riots against Jews broke out, 90,785 Arabs including Palestinians have died, and some 67,602 been wounded in all wars and conflicts between Israel and its neighbours. On the other hand, 24,841 Jews and Israelis have died and 35,356 have been wounded during the same period. Since 1967, some reports estimate that some 40% of the male population of the West Bank and Gaza have been arrested or detained in Israeli prisons for political or military reasons.
Oil and gas is at the heart of Israel’s plans for Gaza
This 9-min video explains why the US is not acting to stop the genocide. Richard Medhurst pulls in the USA, Russia, China, Ukraine, to outline what else is driving Israel’s war on Gaza.
United Nations on Decolonisation
The 1960 General Assembly decolonization resolution:
“The subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the UN and is an impediment to the promotion of world peace and co-operation.”
UNGA Resolution 3314 (1974) affirmed the right of self-determination, freedom, and independence for all “peoples under colonial and racist regimes or other forms of alien domination,” and affirmed the “right of these peoples to struggle to that end and to seek and receive support.”
UN General Assembly Resolution A/RES/3246 (XXIX) (November 1974):
Reaffirms the legitimacy of the peoples’ struggle for liberation from colonial and foreign domination and alien subjugation by all available means, including armed struggle.
“Strongly condemns all Governments which do not recognize the right to self-determination and independence of peoples under colonial and foreign domination and alien subjugation, notably the peoples of Africa and the Palestinian people.”
Also:
Fourth Geneva Convention (1949): supplementary amendments under Protocol I (1977) expanded the scope of the law, explicitly affirming that it applies to situations including “armed conflicts in which peoples are fighting against colonial domination and alien occupation and exercise their right of self-determination.
This update to international law gave legal legitimacy to “the resort to arms by national liberation movements incl. the PLO”, giving Palestinians a “legal right” to use force against military occupation, similar to that enjoyed by sovereign nations. (https://www.cjpme.org/fs_236)
United Nations on Self-Defence
Article 51 of the founding U.N. Charter covers the individual or collective right of states to self-defence against armed attack and states must immediately inform the 15-member Security Council of any action that states take in self-defense against armed attack.
In a letter sent the same day as the Hamas attack, Israel told the council it would “act in any way necessary to protect its citizens and sovereignty from the ongoing terrorist attacks originating from the Gaza Strip.” But it does not appear to have formally invoked Article 51, diplomats said.
Arab countries have argued that Israel cannot justify its actions as self-defence.
“The Gaza Strip is an occupied territory,” Jordan’s U.N. Ambassador Mahmoud Daifallah Hmoud told the council on 16th October, citing a 2004 opinion by the International Court of Justice on an Israeli separation barrier built around the West Bank.
“We recall the advisory opinion of the ICJ … according to which Israel does not have the right to defend itself within occupied Palestinian territory,” he said, speaking on behalf of the Arab group.
Israel said in 2004 that the barrier was meant to keep suicide bombers out of its cities. The ICJ said Israel “states, the threat which it regards as justifying the construction of the wall originates within, and not outside, that territory.”
“Consequently, the Court concludes that Article 51 of the Charter has no relevance in this case,” it ruled. Israel rejected the ICJ ruling.
Legitimacy and Genocide
Unless Israel was created in a joyful celebration of the Messiah having returned, and having created world peace, how can Israel anchor its legitimacy anywhere?
Discussions about international law are necessary but insufficient in themselves. But just in case we are at all interested in the law, following are merely a couple of points that are almost always deafeningly absent in discussions about the legal standing of Israel.
United Nations on Genocide
[Thanks to Fernando Guevara for this section]
The Genocide Convention of 1948 (in force since 1951) defines genocide as:
acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group, and forcibly transferring children of the group to another group.
The Convention, further, declares that there shall be no immunity. Persons participating in this crime shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.
Aside from jus cogens (customary law that compels all states, regardless of treaty affiliation), Israel chose to make itself a party to the Genocide Convention. Those responsible for committing genocide are not entitled to ”self-defend”. Why do mainstream media refer to incitement to genocide as “lobbying”, when done by Israel and its terror networks? Why do we make ourselves complicit in the genocide?
Please also note that armed squatters are not civilians under international law. Especially not when governmentally/militarily sponsored. In Israel, armed land-occupiers have received carte blanche from the Israeli army to kill occupied Palestinian civilians – the squatters are even egged on by the army.
In addition, we’d like to point out the international law criteria for statehood. They are:
1. A permanent population
2. A defined territory
3. The capacity to conduct foreign relations4. A government
Israel has failed the first two out of four (see below). While it is conceded that a bunch of war criminals effectively rule Israel (meeting point 4), it is debatable whether Israel has shown a capacity to have relations with other nations, as required by point 3.
Regarding points 1-3:
1. A euphemistically named ”settler” population does not qualify as a permanent population. Nor as a civilian population, as mentioned above.
2. Israel has never had a defined territory.
3. We am questioning whether Israel has the capacity to have foreign relations because we do not believe that violence qualifies as “having relations”. In other words, we are saying that neither war, blackmail, bribery or threats qualify as foreign relations. Asserting that would be like asserting that rape qualifies as making love.
Moreover, Israel has proven incapable, which includes unwilling, of honouring even basic agreements like abiding by the United Nations (UN) ”Partition Plan” or the UN Charter (which was a condition for Israel’s membership in the UN), the Genocide Convention, to name but a few. In the present context, it is also very important to point out that the Partition Plan itself was not a legally binding document; it was a UN General Assembly (UNGA) Resolution (UNGA Resolution 181, passed in 1947). As opposed to a Resolution by the UN Security Council, an UNGA Resolution is not binding (even assuming Palestine were theirs to give away). Therefore, the Partition Plan had all the legal force of a SUGGESTION.
