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Review of Hamas violations of international law (updated)

by Elder of Ziyon Friday, Aug. 01, 2014 at 9:36 AM

The world is silent on Hamas war crimes in Gaza


1. Hamas‘ rocket attacks directed at Israel‘s civilian population centers deliberately violates the basic principles of distinction. (Additional Protocol I, arts. 48, 51(2), 52(1).) Any doubt about this is resolved by the fact that Hamas itself has boasted of its intention to hit population centres. It is well accepted in customary international law that ―[i]ntentionally directing attacks against the civilian population as such or against individual civilians not taking part in hostilities constitutes a war crime. (Rome Statute, art. 8(2)(b)(i))

2. Staging of Attacks From Residential Areas and Protected Sites: The Law of Armed Conflict not only prohibits targeting an enemy‘s civilians; it also requires parties to an armed conflict to distinguish their combatant forces from their own civilians, and not to base operations in or near civilian structures, especially protected sites such as schools, medical facilities and places of worship. As the customary law principle is reflected in Article 51(7) of Additional Protocol I: '―The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular attempts to shield military objectives from attacks or shield, favour or impede military operations."

3. Use of Civilian Homes and Public Institutions as Bases of Operation - see (2) for citations.

4. Misuse of Medical Facilities and Ambulances - Any time Hamas uses an ambulance to transport its fighters it is violating the Law of Armed Conflict: Under Article 23(f) of the 1907 Regulations annexed to the Hague Convention IV Respecting the Laws and Customs of War on Land, which reflects customary international law, it is ―especially forbidden…[t]o make improper use of a flag of truce, … as well as the distinctive badges of the Geneva Convention.. Article 44 of the First Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (1949) also provides that: ―… the emblem of the Red Cross on a white ground …may not be employed, either in time of peace or in time of war, except to indicate or to protect the medical units and establishments…‖

5. Booby-trapping of Civilian Areas - see (2) for citations.

6. Blending in with Civilians and Use of Human Shields - As the ICRC rule states, "It can be concluded that the use of human shields requires an intentional co-location of military objectives and civilians or persons hors de combat with the specific intent of trying to prevent the targeting of those military objectives."

7. Exploitation of Children - Hamas has paramilitary summer camps for kids. There are reports, from this war and previous ones, of children fighting and being used for tunnel digging. violates the Law of Armed Conflict, including prohibitions against allowing children to take part in hostilities. As customary international law is reflected in this regard in Additional Protocol I, the parties to a conflict must take "all feasible measures" to ensure that children "do not take a direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed forces." (Additional Protocol I, art. 77(2))

8. Interference with Humanitarian Relief Efforts - While Israel kept its end of humanitarian truces. Hamas used them to shoot rockets into Israel, including the Kerem Shalom crossing where humanitarian goods are brought into Gaza. All of these actions violate the Law of Armed Conflict, which requires parties to allow the entry of humanitarian supplies and to guarantee their safety. Article 59 of the Fourth Geneva Convention requires parties in an armed conflict to "permit the free passage of [humanitarian] consignments and shall guarantee their protection." Article 60 of the same Convention protects the shipments from being diverted from their intended purpose, something Hamas has certainly done in the past and is reported to have done in this conflict as well.

9. Hostage-taking - The Fourth Geneva Conventions, article 34, says flatly "The taking of hostages is prohibited." This is not an "arrest" as Israel-haters claim, and this is not a prisoner of war situation as Hamas has made clear - the purpose of Hamas' hostage-taking falls under the definition on the International Convention Against the Taking of Hostages: "Any person who seizes or detains and threatens to kill, to injure or to continue to detain another person (hereinafter referred to as the "hostage") in order to compel a third party, namely, a State, an international intergovernmental organization, a natural or juridical person, or a group of persons, to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage commits the offence of taking of hostages ("hostage-taking") within the meaning of this Convention."

10. Using the uniform of the enemy. Additional Protocol I prohibits the use of enemy flags, military emblems, insignia or uniforms “while engaging in attacks or in order to shield, favour, protect or impede military operations”.[3] Under the Statute of the International Criminal Court, “making improper use … of the flag or of the military insignia and uniform of the enemy” constitutes a war crime in international armed conflicts when it results in death or serious personal injury.[4] According to some, this is considered perfidy, a war crime. (h/t Joshua)

There are also numerous conventions that Hamas violates, but I am not sure if they reach the level of international law if they didn't sign them.
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Review of Hamas violated ceasefires

by TIP Friday, Aug. 01, 2014 at 9:38 AM

July 15: Israel accepted the ceasefire initiated by Egypt and stopped all fire at 09:00. However, terrorists fired more than 50 rockets at Israeli communities. Only after six hours of continuous rocket attacks did the IDF respond.

July 17: Israel agreed to a five-hour humanitarian ceasefire. The terrorist organizations rejected it and fired rockets, including at the city of Be'er-Sheva.

July 20: Israel approved a two-hour medical/humanitarian window in the area of Shejaiya, following an International Committee of the Red Cross (ICRC) request. Forty minutes after the ceasefire began, Hamas violated it. Nevertheless, Israel implemented the ceasefire, even extending it for two more hours.

July 26-27: Israel respected an UN-requested humanitarian ceasefire from 08:00-20:00 on Saturday, 26 July. Israel announced its readiness to prolong the ceasefire until midnight, but a few minutes after 20:00, Hamas renewed firing rockets at Israeli civilians.

On the same day (26 July), Hamas announced a 24-hour humanitarian ceasefire, at 14:00. Hamas violated its own ceasefire a short time later.

Despite Hamas’ continuous fire, Israel decided to extend the humanitarian ceasefire a second time, from midnight Saturday to midnight Sunday.

July 28: Israel accepted Hamas' request for a ceasefire in honor of the Muslim holiday of Eid al-Fitr. The IDF was instructed to cease military attacks, but Hamas continued to launch rockets at Israel.

July 30: Israel announced a temporary humanitarian ceasefire between 15:00-19:00. A few minutes after the ceasefire began Hamas fired rockets at the southern cities of Ashdod and Ashkelon, as well as other Israeli communities.
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How Did Israel Learn How to Spin Its Disastrous Deadly Policies? From a GOP Pollster, Natu

by crazy_inventor Friday, Aug. 01, 2014 at 10:07 AM

download PDF (3.9 mebibytes)

Hasbara handbook TIP report.pdf

Israeli spokesmen have their work cut out explaining how they have killed more than 1,130 Palestinians in Gaza, most of them civilians, compared with just three civilians killed in Israel by Hamas rocket and mortar fire. But on television and radio and in newspapers, Israeli government spokesmen such as Mark Regev appear slicker and less aggressive than their predecessors, who were often visibly indifferent to how many Palestinians were killed.

There is a reason for this enhancement of the PR skills of Israeli spokesmen. Going by what they say, the playbook they are using is a professional, well-researched and confidential study on how to influence the media and public opinion in America and Europe. Written by the expert Republican pollster and political strategist Dr Frank Luntz, the study was commissioned five years ago by a group called The Israel Project, with offices in the US and Israel, for use by those "who are on the front lines of fighting the media war for Israel".

Every one of the 112 pages in the booklet is marked "not for distribution or publication" and it is easy to see why. The Luntz report, officially entitled "The Israel project's 2009 Global Language Dictionary, was leaked almost immediately to Newsweek Online, but its true importance has seldom been appreciated. It should be required reading for everybody, especially journalists, interested in any aspect of Israeli policy because of its "dos and don'ts" for Israeli spokesmen.

These are highly illuminating about the gap between what Israeli officials and politicians really believe, and what they say, the latter shaped in minute detail by polling to determine what Americans want to hear. Certainly, no journalist interviewing an Israeli spokesman should do so without reading this preview of many of the themes and phrases employed by Mr Regev and his colleagues.

The booklet is full of meaty advice about how they should shape their answers for different audiences. For example, the study says that "Americans agree that Israel 'has a right to defensible borders'. But it does you no good to define exactly what those borders should be. Avoid talking about borders in terms of pre- or post-1967, because it only serves to remind Americans of Israel's military history. Particularly on the left this does you harm. For instance, support for Israel's right to defensible borders drops from a heady 89 per cent to under 60 per cent when you talk about it in terms of 1967."

How about the right of return for Palestinian refugees who were expelled or fled in 1948 and in the following years, and who are not allowed to go back to their homes? Here Dr Luntz has subtle advice for spokesmen, saying that "the right of return is a tough issue for Israelis to communicate effectively because much of Israeli language sounds like the 'separate but equal' words of the 1950s segregationists and the 1980s advocates of Apartheid. The fact is, Americans don't like, don't believe and don't accept the concept of 'separate but equal'."

So how should spokesmen deal with what the booklet admits is a tough question? They should call it a "demand", on the grounds that Americans don't like people who make demands. "Then say 'Palestinians aren't content with their own state. Now they're demanding territory inside Israel'." Other suggestions for an effective Israeli response include saying that the right of return might become part of a final settlement "at some point in the future".

Dr Luntz notes that Americans as a whole are fearful of mass immigration into the US, so mention of "mass Palestinian immigration" into Israel will not go down well with them. If nothing else works, say that the return of Palestinians would "derail the effort to achieve peace".

The Luntz report was written in the aftermath of Operation Cast Lead in December 2008 and January 2009, when 1,387 Palestinians and nine Israelis were killed.

There is a whole chapter on "isolating Iran-backed Hamas as an obstacle to peace". Unfortunately, come the current Operation Protective Edge, which began on 6 July, there was a problem for Israeli propagandists because Hamas had quarrelled with Iran over the war in Syria and had no contact with Tehran. Friendly relations have been resumed only in the past few days – thanks to the Israeli invasion.

Much of Dr Luntz's advice is about the tone and presentation of the Israeli case. He says it is absolutely crucial to exude empathy for Palestinians: "Persuadables [sic] won't care how much you know until they know how much you care. Show Empathy for BOTH sides!" This may explain why a number of Israeli spokesman are almost lachrymose about the plight of Palestinians being pounded by Israeli bombs and shells.

In a sentence in bold type, underlined and with capitalisation, Dr Luntz says that Israeli spokesmen or political leaders must never, ever justify "the deliberate slaughter of innocent women and children" and they must aggressively challenge those who accuse Israel of such a crime. Israeli spokesmen struggled to be true to this prescription when 16 Palestinians were killed in a UN shelter in Gaza last Thursday.

There is a list of words and phrases to be used and a list of those to be avoided. Schmaltz is at a premium: "The best way, the only way, to achieve lasting peace is to achieve mutual respect." Above all, Israel's desire for peace with the Palestinians should be emphasised at all times because this what Americans overwhelmingly want to happen. But any pressure on Israel to actually make peace can be reduced by saying "one step at a time, one day at a time", which will be accepted as "a commonsense approach to the land-for-peace equation".

Dr Luntz cites as an example of an "effective Israeli sound bite" one which reads: "I particularly want to reach out to Palestinian mothers who have lost their children. No parent should have to bury their child."

The study admits that the Israeli government does not really want a two-state solution, but says this should be masked because 78 per cent of Americans do. Hopes for the economic betterment of Palestinians should be emphasised.

Prime Minister Benjamin Netanyahu is quoted with approval for saying that it is "time for someone to ask Hamas: what exactly are YOU doing to bring prosperity to your people". The hypocrisy of this beggars belief: it is the seven-year-old Israeli economic siege that has reduced the Gaza to poverty and misery.

On every occasion, the presentation of events by Israeli spokesmen is geared to giving Americans and Europeans the impression that Israel wants peace with the Palestinians and is prepared to compromise to achieve this, when all the evidence is that it does not. Though it was not intended as such, few more revealing studies have been written about modern Israel in times of war and peace.
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THE US SENATE FINALLY BLOCKS AID TO ISRAEL

by crazy_inventor Friday, Aug. 01, 2014 at 10:15 AM
http://sabbah.biz/mt/archives/tag/israel/

THE US SENATE FINALL...
shrinking_map_of_palestine.jpg, image/jpeg, 325x325

August 1, 2014 by Haitham Sabbah

A last-ditch effort to deliver aid to Israel during its war with Hamas died on the Senate floor, as Republicans blocked the proposal over concerns that it would increase the debt.

NOW THAT’S A GOOD START!

Senate blocks aid to Israel

fter Senate Republicans blocked Democrats’ $2.7 billion border aid package, which also included $225 million for Israel’s Iron Dome missile defense system and $615 million to fight Western wildfires, Senate Majority Leader Harry Reid tried to split off the Israel and wildfire money as a standalone bill, hoping to put aside the dispute over border funding and appeal to Republicans’ deep ties to Israel.

It didn’t work.

Even though GOP leaders had vowed to pass an Israel aid bill in recent days, Republicans rejected Reid’s request. First Senate Minority Whip John Cornyn (R-Texas) objected to Reid’s request for a straight emergency cash infusion for firefighting and Israel. Then Sen. Tom Coburn (R-Okla.) offered an alternative that would deliver money to Israel and the West and offer commensurate spending cuts to international organizations like the United Nations; Reid blocked that.

“Our number one ally — at least in my mind — is under attack. If this isn’t an emergency I don’t know anything that is,” Reid said.

“I want to fund Israel,” replied Coburn. “I also want to make sure our children have a future.”

The stumble on delivering $225 million for Israel’s Iron Dome missile defense system, which is used to shoot down rockets aimed at Israel, infuriated GOP hawks who’d been pushing Reid to break the Israel funding from the border bill.

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bad bad news

by tax payer Friday, Aug. 01, 2014 at 5:24 PM

no one clearly explains or read the small print of why we send so much of the : ordinary-the-american-people's-nest-egg-of-earned-money-that's-taxed-and-taxed ----and sent to any politically expedient 'friendly' nation.

why do we the people continually try to rescue or propagandate our generosity to one group that we momentary favor - to prove we are doing something to bring in "PEACE" there. None is buy-able anyhow.

why do we allow those 'we' supposedly voted to represent us, be they in any of 3 govt branches that vie for more power over the others, to decide where outside of US is now the beneficiary [temporarily, but sometimes for decades] of our large savings acct at US Treasury ?


And which currently promoted 'victim' Deserves Our $$$ just to prove we are 'doing something good' finally- when it is mostly symbolic benefiting a political group or persons. ?

No need to be extremes. Not isolationist. Not even giving away our savings to make USA look involved and rich. No need to be hoarding and keeping all we earn and save in our own country borders, or even leaking it elsewhere when corporations dont pay taxes in their home nation and pay less in other wealthy nations instead.

Just not be so ready to send it abroad to pretend to help those who the USA politicians / representatives deem are Now Deserving of our Help and Goodness.

And tying together money for any another country, whoever claims to own those lands now, with our paying for firefighting within these borders makes no sense !

Why do voters allow the games to be played and contested by politicians who can easily put sticky fingers in any fund-can and come out with a bunch to promote themselves, in their next campaign.

we are not using our savings, our taxes held in US Treasury Dept or wherever else they secret what we pay in yearly, we are not using it for helping our distressed groups, native populations, but prefer to 'look good' like a generous god giving out what is not theirs [politician's money or wealth].

No wonder many people dont bother voting any more and have lost all trust or confidence in those who then do NOT represent them or us. We are coerced to give away 1/3 or so of our earnings in fed, state, local taxes. those earnings are squandered.

And yet, those earnings those earnings are squandered. and do not become invested in our children's future or our elderly's caretaking or health improvements either.

Why bother sending in our earnings to some other fighting-for-whatever-causes-they-deem-Righteous == way over 'there'?

you do it with your money, not mine !
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47 million to Gaza

by Ray Ray Monday, Aug. 04, 2014 at 11:28 AM

Kerry just approved an additional $47 million dollars to Gaza- in addition to what we;ve already allocated to them. The Palestinians , per capita get more aid than other other people in the world. I personally, am ready to cut THEM off.
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when the facts are not on your side..

by crazy_inventor Monday, Aug. 04, 2014 at 1:36 PM

 when the facts are ...
usaid_chart.png, image/png, 600x467

distract with hasbara talking points
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