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From:
Subject: Israel's bombardment of Gaza is not self-defence - it's a war
crime, actually a massacre, a genocide, an occupation, a colonization.....
Do Palestinians have the right to defend themselves against a 60 year old
invasion and occupation, gradual genocide and land/resource theft, daily
terrorism by Zionists against them, etc.???
http://www.timesonline.co.uk/tol/comment/letters/article5488380.ece
From The Sunday Times
January 11, 2009
Israel's bombardment of Gaza is not self-defence - it's a war crime
ISRAEL has sought to justify its military attacks on Gaza by stating that it
amounts to an act of "self-defence" as recognised by Article 51, United
Nations Charter. We categorically reject this contention.
The rocket attacks on Israel by Hamas deplorable as they are, do not, in
terms of scale and effect amount to an armed attack entitling Israel to rely
on self-defence. Under international law self-defence is an act of last
resort and is subject to the customary rules of proportionality and
necessity.
The killing of almost 800 Palestinians, mostly civilians, and more than
3,000 injuries, accompanied by the destruction of schools, mosques, houses,
UN compounds and government buildings, which Israel has a responsibility to
protect under the Fourth Geneva Convention, is not commensurate to the
deaths caused by Hamas rocket fire.
For 18 months Israel had imposed an unlawful blockade on the coastal strip
that brought Gazan society to the brink of collapse. In the three years
after Israel's redeployment from Gaza, 11 Israelis were killed by rocket
fire. And yet in 2005-8, according to the UN, the Israeli army killed about
1,250 Palestinians in Gaza, including 222 children. Throughout this time the
Gaza Strip remained occupied territory under international law because
Israel maintained effective control over it.
Israel's actions amount to aggression, not self-defence, not least because
its assault on Gaza was unnecessary. Israel could have agreed to renew the
truce with Hamas. Instead it killed 225 Palestinians on the first day of its
attack. As things stand, its invasion and bombardment of Gaza amounts to
collective punishment of Gaza's 1.5m inhabitants contrary to international
humanitarian and human rights law. In addition, the blockade of humanitarian
relief, the destruction of civilian infrastructure, and preventing access to
basic necessities such as food and fuel, are prima facie war crimes.
We condemn the firing of rockets by Hamas into Israel and suicide bombings
which are also contrary to international humanitarian law and are war
crimes. Israel has a right to take reasonable and proportionate means to
protect its civilian population from such attacks. However, the manner and
scale of its operations in Gaza amount to an act of aggression and is
contrary to international law, notwithstanding the rocket attacks by Hamas.
Ian Brownlie QC, Blackstone Chambers
Mark Muller QC, Bar Human Rights Committee of England and Wales
Michael Mansfield QC and Joel Bennathan QC, Tooks Chambers
Sir Geoffrey Bindman, University College, London
Professor Richard Falk, Princeton University
Professor M Cherif Bassiouni, DePaul University, Chicago
Professor Christine Chinkin, LSE
Professor John B Quigley, Ohio State University
Professor Iain Scobbie and Victor Kattan, School of Oriental and African
Studies
Professor Vera Gowlland-Debbas, Graduate Institute of International and
Development Studies, Geneva
Professor Said Mahmoudi, Stockholm University
Professor Max du Plessis, University of KwaZulu-Natal, Durban
Professor Bill Bowring, Birkbeck College
Professor Joshua Castellino, Middlesex University
Professor Thomas Skouteris and Professor Michael Kagan, American University
of Cairo
Professor Javaid Rehman, Brunel University
Daniel Machover, Chairman, Lawyers for Palestinian Human Rights
Dr Phoebe Okawa, Queen Mary University
John Strawson, University of East London
Dr Nisrine Abiad, British Institute of International and Comparative Law
Dr Michael Kearney, University of York
Dr Shane Darcy, National University of Ireland, Galway
Dr Michelle Burgis, University of St Andrews
Dr Niaz Shah, University of Hull
Liz Davies, Chair, Haldane Society of Socialist Lawyer
Prof Michael Lynk, The University of Western Ontario
Steve Kamlish QC and Michael Topolski QC, Tooks Chambers
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