Some international figures have accused Israel of violating International Law regarding its actions in the Gaza strip. What is happening and which laws are being violated?
When Israel evacuated nearly 7,000 Israeli settlers and withdrew completely from Gaza, it was an opportunity for the Palestinian people. They now controlled their own land, without any Israeli interference. What happened?
Hamas, an Iranian backed terrorist organization, was elected to power and defeated the forces of the Palestinian Authority. After a bloody battle in which hundreds of Palestinians were killed, it took over Gaza in June of last year. Hamas, now the government of Gaza, launches and allows other terrorist groups to launch missiles daily that strike Israel. Most would define the launching of rockets against another country an act of war. Indeed, Hamas has stated unequivocally that it will never accept the right of Israel to exist and categorically opposes any peace negotiations, as the Hamas charter states, “The Day of Judgment will not come about until Moslems fight Jews and kill them.” On Thursday, a Hamas terrorist walked into a Jewish school, killing eight boys and injuring more. Celebrations by Hamas supporters spilled out into the streets of Gaza.
Hamas is willing to negotiate a temporary truce, called hudna in Arabic. It is willing to stop launching its rockets (though not those of other terrorist organizations) if Israel will cease military operations and open all border crossings. A hudna is not an opportunity to negotiate peace, but a tactic used when Muslim armies are at a disadvantage. A hudna is an opportunity to rearm and reorganize. Israel obviously is not going to give Hamas the chance to acquire deadlier rockets from its suppliers in Tehran.
Most of the rockets have struck Sderot, an Israeli city of approximately 20,000 residents near the Gaza strip. A dozen people have been killed including babies. Dozens more have been injured. An average of three rockets hit Sderot every day. An early warning system gives Israelis 15 seconds to take cover. Three times a day residents of Sderot have 15 seconds to run for their lives. Most residents have chosen to stay. Nearly everyone suffers from stress related problems. All are frightened, but they are not willing to be driven away. Yet, there has been almost no international or media attention to the horrific situation in Sderot. Now while Israel is carrying out military action to bring an end to the missile attacks, statements are made calling an end to violence by both sides.
After seven years, Israel has finally decided it must take action to stop rockets from hitting Sderot. To stop the flow of military supplies and pressure Hamas to cease launching rockets, Israel stopped the flow of Israeli goods into Gaza. Many claim that this is a violation of International Law (the Geneva Convention). However, International Law does not require one country to supply goods to the country that is launching missiles against it. Is there another country that must supply its enemy with food, medical supplies or power? Israel itself is under no obligations to provide Gaza at all.
The only thing International Law does mandate is that a country may not stop humanitarian shipments of medical and religious items, or food for pregnant and nursing women and children under the age of 15 from crossing its borders. This mandate is conditional. If the material is diverted from those permitted to receive it or it provides a military advantage, it may be stopped. Hamas continually violates these conditions. First, Hamas redirects these supplies from those who should receive them to its own fighters and supporter.s Second, Israel has intercepted tons of military materials headed for Gaza marked, “humanitarian supplies.” Israel is thus permitted under International Law to stop even the shipment of humanitarian supplies, though it does not.
Israel is also accused of violating International Law by its military actions in the Gaza strip. International Law recognizes that civilian deaths and injuries may occur in lawful military operations. There are two conditions by which military actions which endanger civilians are lawful. First, the operation must be directed at a legitimate military objective, such as stopping Hamas rockets from terrorizing the people of Sderot. If the military objective is placed in a civilian area, it is still a legitimate target. Second, the use of military force must be proportionate. Many people point out that Israeli casualties are much lower than are Palestinian casualties. However, proportionate force does not mean proportionate casualties or destruction of property. Proportionate force means use of force proportionate to the military objective, to use no more force than is necessary to achieve the legitimate military objective, in this case, stopping the firing of rockets aimed at Sderot. Hamas has not ceased firing rockets, so clearly Israel has not used disproportionate force.
Hamas does more than violate International Law regarding its manipulation of humanitarian supplies, it also does so in regards to civilians, both Israeli and its own. International Law states that it is forbidden to target civilians, which Hamas clearly does. International Law also holds that it is forbidden to place military targets in civilian areas in order to use civilians as human shields, which Hamas also does. Both are war crimes. Few have pointed to Hamas for its ongoing violations.
Curiously, Israel is singled out for violating international law when it has not. No special session of the UN has been called to demand an end to the war crimes committed by Hamas. Other nations attack terrorist bases outside their borders. In the last month, Turkey attacked terrorists in Iraq and Columbia attacked terrorists in Venezuela. Except for the countries that were attacked, there have been no international cries condemning the use of force. While I am usually hesitant to make the assertion, claims of Israel violating International Law are nothing short of anti-Semitism. It is not the anti-Semitism of the Nazi's or the Klu Klux Klan. It is the anti-Semitism that creates one set of standards for Israel and another set of standards for the rest of the world.
Finally, one should be extremely skeptical about casualties declared by Hamas. Inflated casualties are part of the disinformation campaign by Palestinians. When Israel carried out operations in 2002 against the West Bank town of Jenin, the source of terrorists attacks against Israel, claims were made by the Palestinians and echoed in the world press that a massacre was occurring and 500 Palestinians were killed. After the battle was over, it was revealed that 55 Palestinians, mostly terrorists and 33 Israelis had been killed . The updated number of Palestinian casualties was printed weeks later on or near the back pages.
In the midst of a battle in Gaza, Israeli troops reported a young boy on the battlefield collecting the weapons of slain terrorists. Israeli troops ceased firing and the boy brought the weapons back to the terrorists. Claims of war crimes being committed in Gaza are true, but it is Hamas that is guilty. Israel has stated it will cease military operations when the rockets cease hitting Israel. The ball, or the bomb, it seems, is in Hamas' court.
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