HAMAS DIVIDED: TIME for a NEW POLICY? by Tally Helfont
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Gaza-Israel: the Legal and the Military View Transcript
Gaza-Israel: The Legal and the Military View Transcript Date: Wednesday, 7 October 2015 - 6:00PM Location: Barnard's Inn Hall 07 October 2015 Gaza-Israel: The Legal and Military View Professor Sir Geoffrey Nice QC General Sir Nick Parker For long enough commentators have usually assumed the Israel - Palestine armed conflict might be lawful, even if individual incidents on both sides attracted condemnation. But is that assumption right? May the conflict lack legality altogether, on one side or both? Have there been war crimes committed by both sides as many suggest? The 2014 Israeli – Gaza conflict (that lasted some 52 days and that was called 'Operation Protective Edge' by the Israeli Defence Force) allows a way to explore some of the underlying issues of the overall conflict. General Sir Nick Parker explains how he advised Geoffrey Nice to approach the conflict's legality and reality from a military point of view. Geoffrey Nice explains what conclusions he then reached. Were war crimes committed by either side? Introduction No human is on this earth as a volunteer; we are all created by an act of force, sometimes of violence just as the universe itself arrived by force. We do not leave the world voluntarily but often by the force of disease. As pressed men on earth we operate according to rules of nature – gravity, energy etc. – and the rules we make for ourselves but focus much attention on what to do when our rules are broken, less on how to save ourselves from ever breaking them. That thought certainly will feature in later lectures on prison and sex in this last year of my lectures as Gresham Professor of Law but is also central to this and the next lecture both on Israel and on parts of its continuing conflict with Gaza. -
Reviving a Regional Approach
Reviving a Regional Approach Gilead Sher and Liran Ofek Despite the physical demarcation of the zone of the recent military !"#$!"%&%'!"()*%+**"(,-$&*.(&"/(0&1&-2(%3*()$!&/*$( !"%*4%(+*"%(+*..( beyond the geographical area and the ranges of the rockets shot from it. The operation illustrated the convergence of interests between Israel and 5$&)(-%&%*-2( 3'*\7(897:%(;"/*$(5)/*.(<&%%&3(*.=>'-'2(+3' 3('-(!" *(&9&'"( :.&7'"9(&( *"%$&.(&"/('"\;*"%'&.($!.*('"(%3*(*##!$%-(%!(:$!1!%*(&( *&-*[$*@( Moreover, after the operation, Israeli cabinet ministers spoke of the need to promote a regional initiative, either to achieve a long term solution concerning 0&1&- A and/or as an alternative to bilateral negotiations between Israel and the Palestinians. 2 0&-(&(#!;"/&%'!"()**"( $*&%*/(#!$(&(:&$&/'91(-3'#%(M(#$!1(&(#$&1*+!$C( of bilateral negotiations between Israel and the Palestinians to multilateral $*9'!"&.(/'&.!9;*D(,-$&*.R-(!#[ '&.(-%&" *(%!+&$/(%3*(5$&)(F*& *(,"'%'&%'G*2( which is a proposed framework for multilateral engagement, has remained rather skeptical, and many still see it as a prescription for surrender more than an invitation to negotiations. 3 On the other hand, those who support a $*9'!"&.(#!$1&%()*.'*G*(%3&%(%3*(5$&)('"'%'&%'G*('-(1*&"%(%!(.*G*$&9*('"%*$*-%-( !11!"(%!(,-$&*.(&"/(-!1*(!#(%3*(.*&/'"9(5$&)(-%&%*-(H897:%2(>&;/'(5$&)'&2( I!$/&"2(&"/(%3*(J"'%*/(5$&)(81'$&%*-K2(&"/(%3&%(%!(%3'-(*"/2('%(-3!;./()*( reexamined as a framework for negotiations. L3*(5$&)(F*& *(,"'%'&%'G*(+&-(&""!;" */('"(MNNM2(O;-%()*#!$*(P:*$&%'!"( Q*#*"-'G*(>3'*./2(&"/(3&-(-'" -
Inside Gaza: the Challenge of Clans and Families
INSIDE GAZA: THE CHALLENGE OF CLANS AND FAMILIES Middle East Report N°71 – 20 December 2007 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... i I. INTRODUCTION: THE DYNAMICS OF CHANGE ............................................... 1 II. THE CHANGING FORTUNES OF KINSHIP NETWORKS................................... 2 A. THE PALESTINIAN AUTHORITY AND CLAN POLITICS .............................................................2 B. THE 2000 UPRISING AND THE RISE OF CLAN POWER.............................................................3 C. ISRAEL’S GAZA DISENGAGEMENT AND FACTIONAL CONFLICT..............................................3 D. BETWEEN THE 2006 ELECTIONS AND HAMAS’S 2007 SEIZURE OF POWER.............................5 III. KINSHIP NETWORKS IN OPERATION .................................................................. 6 A. ECONOMIC SUPPORT .............................................................................................................6 B. FEUDS AND INFORMAL JUSTICE.............................................................................................7 C. POLITICAL AND SECURITY LEVERAGE...................................................................................9 IV. THE CLANS AND HAMAS........................................................................................ 13 A. BETWEEN GOVERNANCE AND CHAOS .................................................................................13 B. HAMAS’S SEIZURE OF POWER .............................................................................................14 -
The Fatah-Hamas Reconciliation: Threatening Peace Prospects
The Fatah-Hamas Reconciliation: Threatening Peace Prospects Testimony by David Makovsky Director, Project on the Middle East Peace Process The Washington Institute for Near East Policy February 5, 2013 Hearing of the U.S. House of Representatives Committee on Foreign Relations Subcommittee on the Middle East and North Africa Thank you, Madam Chairwoman, Ranking Member Deutch, and distinguished members of the subcommittee for this wonderful opportunity to testify at your very first session of the new Congress. The issue of unity between Fatah and Hamas is something that the two parties have discussed at different levels since 2007 -- and certainly since the two groups announced an agreement in principle in May 2011. Indeed, a meeting between the groups is scheduled in Cairo in the coming days. One should not rule out that such unity will occur; but the past failures of the groups to unite begs various questions and suggests why unity may not occur in the future. While the idea of unity is popular among divided publics everywhere, there have been genuine obstacles to implementing any unity agreement between Fatah and Hamas. First, it seems that neither Fatah -- the mainstream party of the Palestinian Authority (PA) -- nor Hamas wants to risk what it already possesses, namely Hamas's control of Gaza and the PA's control of its part of the West Bank. Each has its own zone and wants to maintain corresponding control. Second, Palestinian president Mahmoud Abbas has not been willing to commit to a Hamas demand for the end of PA security cooperation with Israel in the West Bank, which has resulted in the arrests of Hamas operatives by the PA. -
Gaza Violence: Hamas's Tragic Mistake | the Washington Institute
MENU Policy Analysis / Articles & Op-Eds Gaza Violence: Hamas's Tragic Mistake Nov 20, 2012 Articles & Testimony Hamas and its new Egyptian supporters have to learn once and for all that firing rockets on Israel's civilian population is unacceptable. he latest actions against Hamas in Gaza -- that began with the killing of its military leader Ahmed Jabari -- T should come as a surprise to no one. Even though it was not reported in great detail in the international media, since the beginning of 2012, 450 rockets have been launched from Gaza into the adjoining Israeli communities, with the town of Sderot the most vulnerable of all. It should also be recalled that since Operation Cast Lead in 2008 -- whose objective was also to halt Hamas rocket attacks on Israel -- Hamas has launched more than 1,500 missiles at Israel, or an average of about 500 per year. The current bloody encounter did not have to happen and comes as a deep disappointment to people of goodwill on both sides of the Israeli and Palestinian divide. To understand the true tragedy of the moment we need to look back to the summer of 2005 when Israel evacuated all of its settlements and military installations from the Gaza Strip and turned the territory over to the Palestinian Authority as part of the policy of "Disengagement." At the time, polls showed that a majority of Israelis supported disengagement, despite the anguish of dislocating citizens from their homes as well as the deep political struggle that this engendered. It was assumed that the transfer of the territory to the Palestinians, even if unilateral, would finally bring about a period of quiet to the south of Israel and the transformation of the Gaza Strip into a productive economy. -
Advance Unedited Version Distr.: General 3 June 2013
A/HRC/23/21 Advance Unedited Version Distr.: General 3 June 2013 Original: English Human Rights Council Twenty-third session Agenda item 7 Human rights situation in Palestine and other occupied Arab territories Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Richard Falk* Summary In the present report, while noting the continuing non-cooperation of Israel, the Special Rapporteur addresses Israel‟s Operation “Pillar of Defense” and the general human rights situation in the Gaza Strip, as well as the expansion of Israeli settlements – and businesses that profit from Israeli settlements and the situation of Palestinians detained by Israel. * Late submission. GE.13- A/HRC/23/21 Contents Paragraphs Page I. Introduction ............................................................................................................. 1–7 3 II. The Gaza Strip ......................................................................................................... 8–30 5 A. Operation “Pillar of Defense” ......................................................................... 8–15 5 B. Economic and social conditions...................................................................... 16–19 9 C. Health in Gaza ................................................................................................ 20–22 10 D. Ceasefire implementation ............................................................................... 23–30 11 III. Palestinian detainees in Israeli prisons and detention -
Operation Pillar of Defense 1 Operation Pillar of Defense
Operation Pillar of Defense 1 Operation Pillar of Defense Operation Pillar of Defense Part of Gaza–Israel conflict Iron Dome launches during operation Pillar of Defense Date 14–21 November 2012 Location Gaza Strip Israel [1] [1] 30°40′N 34°50′E Coordinates: 30°40′N 34°50′E Result Ceasefire, both sides claim victory • According to Israel, the operation "severely impaired Hamas's launching capabilities." • According to Hamas, their rocket strikes led to the ceasefire deal • Cessation of rocket fire from Gaza into Israel. • Gaza fishermen allowed 6 nautical miles out to sea for fishing, reduced back to 3 nautical miles after 22 March 2013 Belligerents Israel Gaza Strip • Hamas – Izz ad-Din al-Qassam Brigades • PIJ • PFLP-GC • PFLP • PRC • Al-Aqsa Martyrs' Commanders and leaders Operation Pillar of Defense 2 Benjamin Netanyahu Ismail Haniyeh Prime Minister (Prime Minister of the Hamas Authority) Ehud Barak Mohammed Deif Minister of Defense (Commander of Izz ad-Din al-Qassam Brigades) Benny Gantz Ahmed Jabari (KIA) Chief of General Staff (Deputy commander of Izz ad-Din al-Qassam Brigades) Amir Eshel Ramadan Shallah Air Force Commander (Secretary-General of Palestinian Islamic Jihad) Yoram Cohen Abu Jamal Director of Israel Security Agency (Shin Bet) (spokesperson of the Abu Ali Mustafa Brigades) Strength Israeli Southern Command and up to 75,000 reservists 10,000 Izz ad-Din al-Qassam Brigades 8,000 Islamic Jihad Unknown for the rest 10,000 Security forces. Casualties and losses 2 soldiers killed. Palestinian figures: 20 soldiers wounded. 55 -
Tough Choices on Hamas Prompt Arab Disarray by Andrew J
MENU Policy Analysis / PolicyWatch 1465 Tough Choices on Hamas Prompt Arab Disarray by Andrew J. Tabler, Simon Henderson Jan 27, 2009 ABOUT THE AUTHORS Andrew J. Tabler Andrew J. Tabler is the Martin J. Gross fellow in the Geduld Program on Arab Politics at The Washington Institute, where he focuses on Syria and U.S. policy in the Levant. Simon Henderson Simon Henderson is the Baker fellow and director of the Bernstein Program on Gulf and Energy Policy at The Washington Institute, specializing in energy matters and the conservative Arab states of the Persian Gulf. Brief Analysis rab support for the Palestinians has been the bedrock of Arab diplomacy for decades, but the recent Israeli A military action against Hamas fighters in the Gaza Strip has divided those backing Palestinian Authority (PA) President Mahmoud Abbas's Fatah Party and those supporting its Hamas rival. A series of meetings before and after the January 18 unilateral Israeli ceasefire could mark the beginning of significant changes in Arab diplomacy concerning the Palestinians. Arab attitudes toward the emerging threat of a nuclear-armed Iran are also in flux. Background The recent diplomatic maneuvering was marked by drama and near farce. An effort by the small Persian Gulf state Qatar to hold a summit of all Arab states and Iran, as well as Syria-based Hamas leader Khaled Mashal, was challenged by Saudi Arabia, which attempted to host its own gathering. Instead, on January 19, a long-scheduled Arab economic meeting in Kuwait was transformed into a full-scale Arab summit. Historically, Arab summits are dominated by Egypt, the oldest Arab state, and Saudi Arabia, the self-proclaimed leader of the Islamic world and, by virtue of its huge oil reserves, the richest Arab state. -
001-Complaint-Henkin-V-Iran.Pdf
Case 1:19-cv-01184 Document 1 Filed 04/24/19 Page 1 of 39 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ESTATE OF EITAM HENKIN, by its legal ) representatives, Yoav Armoni and David ) Jackson, ) ) ESTATE OF NAAMA HENKIN, by its legal ) representatives, Yoav Armoni and David ) Jackson, ) ) I.Z.H., a minor, by his guardians ad litem ) YOAV ARMONI and DAVID JACKSON, ) ) M.H.H., a minor, by his guardians ad litem ) YOAV ARMONI and DAVID JACKSON, ) ) N.E.H., a minor, by his guardians ad litem ) YOAV ARMONI and DAVID JACKSON, ) ) N.Y.H., a minor, by his guardians ad litem ) YOAV ARMONI and DAVID JACKSON, ) ) Plaintiffs, ) COMPLAINT ) v. ) Civil Action No. 1:19-cv-1184 ) THE ISLAMIC REPUBLIC OF IRAN ) The Ministry of Foreign Affairs ) Imam Khomeini Ave., United Nations St. ) Tehran, Iran, ) ) ISLAMIC REVOLUTIONARY GUARD ) CORPS ) Armed Forces Headquarters ) Zone 7 – Shariati ) Ghoddoosi Square (Ghaar) ) Tehran, Iran, ) ) IRANIAN MINISTRY OF ) INTELLIGENCE AND SECURITY ) (a/k/a Vezarat-e Ettela’at Va Amniat-e ) Keshvar a/k/a VEKAK a/k/a VAJA) ) Second Negarestan St., Pasdaran Ave. ) Tehran, Iran, ) 1 Case 1:19-cv-01184 Document 1 Filed 04/24/19 Page 2 of 39 BANK MARKAZI JOMHOURI ISLAMIC ) IRAN ) a/k/a Central Bank of the Islamic Republic of ) Iran ) No 198, Mirdamad Boulevard ) Tehran, Iran, ) ) BANK MELLI IRAN ) Ferdowsi Avenue ) 10 Building ) P.O. Box 11365-144 Tehran, Iran, ) ) BANK SADERAT IRAN ) 43 Somayeh Ave., ) P.O. Box 15745-631 ) Tehran, Iran, ) ) and ) ) THE SYRIAN ARAB REPUBLIC ) Ministry of Foreign Affairs ) Damascus, Syria, ) ) Defendants. -
Egypt's Muslim Brotherhood and Iran | the Washington Institute
MENU Policy Analysis / PolicyWatch 1476 Egypt's Muslim Brotherhood and Iran by Mehdi Khalaji Feb 12, 2009 ABOUT THE AUTHORS Mehdi Khalaji Mehdi Khalaji, a Qom-trained Shiite theologian, is the Libitzky Family Fellow at The Washington Institute. Brief Analysis uring a February trip to Iran, Hamas leader Khaled Mashal praised Iranian leaders for their support during D the conflict in the Gaza Strip, a further indication of the strengthening ties between the Sunni Islamist group, which the United States has designated as a terrorist organization, and the Shiite regime in Tehran. Mashal's statements come on the heels of the U.S. Treasury Department's terrorist designations of al-Qaeda leaders and operatives sheltered in Iran. These latest examples of Sunni-Shiite cooperation raise new questions about whether Iran can improve its relationship with Egypt's Muslim Brotherhood. While such a rapprochement appears unlikely, history suggests it is far from impossible. Iran has maintained informal ties to the Muslim Brotherhood for many years, and Shiite Islam probably has more appeal among Egyptian Sunnis than it does among Sunnis in other Arab countries. Iran's sharp criticism of Egyptian president Hosni Mubarak is also likely to resonate with Egyptian radicals under the thumb of the regime in Cairo. If Iran were to develop close relations with the Brotherhood, Iranian influence would grow considerably in the Arab world, giving Tehran a significant say among Arab radicals and, undoubtedly, producing dangerous developments for U.S. interests in the region. Ties between Iran and Sunni Extremists Egypt has long been suspicious of the connection between the Egyptian Muslim Brotherhood and Iran, based in large part on Iran's longstanding strong ties to Hamas -- an offshoot of the Brotherhood. -
The Emergence of Hamas As a Regional Political Actor
Security and Defence ARI 6/2013 Date: 27/2/2013 The Emergence of Hamas as a Regional Political Actor Julio de la Guardia* Theme: Since the beginning of the Arab Spring, the election of Mohammed Morsi as President of Egypt and the end of Israel’s Pillar of Defence military operation in the Gaza Strip, Hamas has steadily been moving towards a more political stance. Summary: The latest opinion polls of the Palestinian Centre for Policy and Survey Research show how the popularity of Hamas leaders such as Khaled Meshal and Ismael Haniyeh is now greater than that of the Palestinian Authority’s President Mahmoud Abbas and of his Prime Minister Salam Fayyad. The visit of Hamas’s Politburo chief Khaled Meshal to the Gaza Strip and the Palestinian Authority’s permission to Hamas to hold several rallies in the West Bank on the occasion of the 25th anniversary of its foundation are a reflection of the Islamic movement’s rise in stature. Meanwhile, its permission to Fatah to hold a massive 44th anniversary rally in Gaza city and its backing of Fatah’s request for observer status for the PLO at the United Nations General Assembly are contributing to a new climate in the search for national reconciliation between the two movements. Furthermore, the change in Hamas’s regional alliances, its growing relationship with Egypt, Qatar and Turkey and its weakening ties to the ‘axis of resistance’ made up of Iran, Syria and Hezbollah are fostering its transformation into a more responsible political player. Analysis: The Islamic Resistance Movement (Harakat al‐Muqawama al‐Islamiyya), better known by its Arabic acronym Hamas, was established in the Occupied Territories at the beginning of the first Intifada (1987‐91). -
How to Defuse the Israel-Gaza Conflict: Cairo's Crucial Role | the Washington Institute
MENU Policy Analysis / Articles & Op-Eds How To Defuse the Israel-Gaza Conflict: Cairo's Crucial Role by David Makovsky Nov 20, 2012 ABOUT THE AUTHORS David Makovsky David Makovsky is the Ziegler distinguished fellow at The Washington Institute and director of the Koret Project on Arab-Israel Relations. Articles & Testimony The New York Times convened an online panel of five Middle East experts to discuss diplomatic efforts to end the deadly confrontation between Israel and Palestinian militants in Gaza. The following contribution was made by Washington Institute Ziegler distinguished fellow David Makovsky, director of the Institute's Project on the Middle East Peace Process. s Secretary of State Hillary Clinton begins her Middle East visit today, she will undoubtedly discover that A cease-fires do not come in only one shape or size. It seems likely that the parties now will favor a "less for less" approach. As it is just two months before his own re- election, Benjamin Netanyahu could herald Israel's successful elimination of Hamas operations chief Ahmed Jabari as well as Israeli success in targeting all known long-range Fajr-5 rockets. For its part, Hamas will herald the fact that its rockets achieved farther range than ever before, reaching into both Tel Aviv and Jerusalem. Finally, as the broker of any deal, Egyptian leader Mohammad Morsi will enjoy some short-term plaudits before his upcoming maiden voyage to Washington. With everyone wondering about the direction of the new Egyptian government, Morsi can promote his part in the cease-fire negotiations to show Americans that he is part of the solution and not part of the problem.