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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. -
HAMAS DIVIDED: TIME for a NEW POLICY? by Tally Helfont
Foreign Policy Research Institute E-Notes A Catalyst for Ideas Distributed via Email and Posted at www.fpri.org October 2010 HAMAS DIVIDED: TIME FOR A NEW POLICY? By Tally Helfont Tally Helfont is an FPRI research fellow. Her research focuses on Middle East-related issues and radical Islamic movements. She has also instructed training courses on behalf of K3 Enterprises in Civil Information Management to U.S. Military Civil Affairs Units and Human Terrain Teams assigned to Iraq and Afghanistan. September 2010 marked the beginning of renewed peace negotiations in the Middle East. The American-brokered talks took some time to restart—18-months to be exact—and its two primary participants, Israeli Prime Minister Benjamin Netanyahu and Palestinian President Mahmoud Abbas, were reluctant at best. The parties met on three separate occasions: in Washington D.C. from September 1-2, in Sharm El-Sheikh from September 13-14, and at the Israeli Prime Minister's official residence in Jerusalem on September 15. It is difficult to say whether there was any tangible progress achieved during these meetings, but as it currently stands, the continuation of these efforts is uncertain, and some would even say, unlikely. The United States, on the one hand, and Egypt, Jordan, and Saudi Arabia on the other, are exerting significant diplomatic pressure to bridge the current gaps and bring the two sides back to the negotiating table. But what about those who seek to obstruct such efforts? Chief among this camp is the Islamic Resistance Movement, Hamas. Through numerous statements and acts of violence, Hamas seemed intent on attracting attention during this period of negotiations. -
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 -
Protection of Civilians Weekly Report
U N I TOCHA E D Weekly N A Report: T I O 21N MarchS – 27 March 2007 N A T I O N S| 1 U N I E S OFFICE FOR THE COORDINATION OF HUMANITARIAN AFFAIRS P.O. Box 38712, East Jerusalem, Phone: (+972) 2-582 9962 / 582 5853, Fax: (+972) 2-582 5841 [email protected], www.ochaopt.org Protection of Civilians Weekly Report 21 March – 27 March 2007 Of note this week Five Palestinians, including three children, were killed and more than 35 injured when sand barriers of a wastewater collection pool collapsed flooding the nearby Bedouin Village and al Nasser area in the northern Gaza Strip with sewage water. Extensive property damage and destruction resulted and a temporary relief camp was sheltering approximately 1,450 people. West Bank: − The PA health sector strike continues for more than one month in the West Bank. Employees of the health sector staged a sit-in in front of Alia Governmental Hospital in Hebron to protest the government’s inability to pay employees’ salaries. In Bethlehem, all municipality workers went on a one-day strike to protest non-payment of their salaries over the past four months. − Clashes at Qalandiya checkpoint (Jerusalem) have occurred on a regular basis on Friday afternoons following the construction work by Israel at the Mughrabi gate in the Old City area. This week, Palestinians threw Molotov cocktails and stones at IDF soldiers who responded with live rounds injuring one Palestinian. Gaza Strip − 18 homemade rockets, three of which detonated in a Palestinian area, and a Rocket Propelled Grenade (RPG) were fired at an IDF observation post east of Al Maghazi Camp. -
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. -
The Humanitarian Monitor CAP Occupied Palestinian Territory Number 3 July 2006
The Humanitarian Monitor CAP occupied Palestinian territory Number 3 July 2006 The humanitarian situation in the West Bank and Gaza Strip deteriorated rapidly in 2006. This is the result of the fiscal crisis facing the Palestinian Authority (PA) following the election of the Hamas movement in the Palestinian Legislative Council (PLC) elections and increased Israeli security and access restrictions. The deteriorating situation led UN agencies and NGOs participating in the 2006 emergency Appeal to produce a monthly report to monitor changes according to key humanitarian indicators in the following sectors: health, child protection and psychosocial support, education, food security, agriculture, water and sanitation and job creation and cash assistance. This report uses a combination of measurable humanitarian indicators and verified field observations. These two data collection methods can provide different accounts of the situation. The humanitarian indicators reveal longer-term changes and trends from one month to another. Field observations show early signs of strain that may indicate future changes in the situation more generally. Under the Fourth Geneva Convention, Israel as the occupying power bears the responsibility for the welfare of the Palestinian population. In recent years, international donors and the PA have in practical terms taken on this role. The Government of Israel (GoI) is also under an obligation to transfer VAT taxes and customs duties that it collects on behalf of the PA under the Paris Protocol (1994) which amounts to roughly US$60 million per month or roughly 50% of PA revenues. The GoI has withheld these VAT and customs transfers since the PLC elections in January. -
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 -
A Year After Gaza War, Israel's Military Experts Wonder
Conference traces path from Protective Edge to Third Intifada A year after Gaza war, Israel’s military experts wonder: Was it worth it? Then-IDF chief Benny Gantz blandly defends operation against Hamas as ‘the right thing to do,’ but joins chorus concluding it achieved little By Judah Ari Gross / November 3, 2015 Over a year has passed since summer’s 2014’s campaign against Hamas in the Gaza Strip, and though Operation Protective Edge has drawn little harsh criticism in Israel, even the IDF chief of staff who orchestrated it has little to say to its credit. At a conference titled “From Protective Edge to the Third Intifada,” past members of the defense establishment, researchers and politicians gathered Monday at Sderot’s Sapir College to discuss the 2014 war and its relevance a year later. The consensus: Operation Protective Edge was well executed, but accomplished little. Former IDF Lt. Gen. Benny Gantz, who served as chief of staff during the operation, delivered the keynote address at the event, which the Tel Aviv University-affiliate Institute for National Security Studies organized. But even he, as the campaign’s executor, if not architect, offered a relatively bland defense of the operation. “It was the right thing to do at in the right time,” Gantz said dispassionately. The former IDF chief, who served from 2011 to 2015, praised the Israeli communities surrounding the Gaza Strip for having remained steadfast and strong during the operation. He also lauded the efforts of the prime minister, the defense minister, the IDF and the Shin Bet security service, but admitted, “Protective Edge is not something that I’m in love with.” Gantz even cast doubts on the efficacy of the operation, warning that Hamas was “rearming and trying to recreate its abilities.” Gantz was not alone in expressing ambivalence towards the operation, in which 72 Israelis and approximately 2,000 Palestinians died. -
Advance Edited Version
A ADVANCE EDITED Distr. VERSION GENERAL A/HRC/4/17 29 January 2007 Original: ENGLISH HUMAN RIGHTS COUNCIL Fourth session Item 2 of the provisional agenda IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION 60/251 OF 15 MARCH 2006 ENTITLED “HUMAN RIGHTS COUNCIL” Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, John Dugard* * The report was submitted after the deadline so as to include the most recent developments. A/HRC/4/17 page 2 Summary Gaza has again been the focus of violations of human rights and international humanitarian law in the Occupied Palestinian Territory (OPT). In response to the capture of Corporal Gilad Shalit by Palestinian militants on 25 June 2006, and the continued firing of Qassam rockets into Israel, Israel conducted two major military operations within Gaza - “Operation Summer Rains” and “Operation Autumn Clouds”. In the course of these operations, the Israeli Defense Forces (IDF) made repeated military incursions into Gaza, accompanied by heavy artillery shelling and air-to-surface missile attacks. Missiles, shells and bulldozers destroyed or damaged homes, schools, hospitals, mosques, public buildings, bridges, water pipelines and electricity networks. Agricultural lands were levelled by bulldozers. Beit Hanoun was the subject of particularly heavy attacks, and on 8 November 19 civilians were killed and 55 wounded in an artillery attack. Economic sanctions have had a major impact on Gaza. About 70 per cent of Gaza’s workforce is out of work or without pay and over 80 per cent of the population live below the official poverty line. The siege of Gaza is a form of collective punishment in violation of the Fourth Geneva Convention of 12 August 1949. -
2014 Gaza War Assessment: the New Face of Conflict
2014 Gaza War Assessment: The New Face of Conflict A report by the JINSA-commissioned Gaza Conflict Task Force March 2015 — Task Force Members, Advisors, and JINSA Staff — Task Force Members* General Charles Wald, USAF (ret.), Task Force Chair Former Deputy Commander of United States European Command Lieutenant General William B. Caldwell IV, USA (ret.) Former Commander, U.S. Army North Lieutenant General Richard Natonski, USMC (ret.) Former Commander of U.S. Marine Corps Forces Command Major General Rick Devereaux, USAF (ret.) Former Director of Operational Planning, Policy, and Strategy - Headquarters Air Force Major General Mike Jones, USA (ret.) Former Chief of Staff, U.S. Central Command * Previous organizational affiliation shown for identification purposes only; no endorsement by the organization implied. Advisors Professor Eliot Cohen Professor of Strategic Studies, Paul H. Nitze School of Advanced International Studies, Johns Hopkins University Lieutenant Colonel Geoffrey Corn, USA (ret.) Presidential Research Professor of Law, South Texas College of Law, Houston JINSA Staff Dr. Michael Makovsky Chief Executive Officer Dr. Benjamin Runkle Director of Programs Jonathan Ruhe Associate Director, Gemunder Center for Defense and Strategy Maayan Roitfarb Programs Associate Ashton Kunkle Gemunder Center Research Assistant . — Table of Contents — 2014 GAZA WAR ASSESSMENT: Executive Summary I. Introduction 7 II. Overview of 2014 Gaza War 8 A. Background B. Causes of Conflict C. Strategies and Concepts of Operations D. Summary of Events -
On the Potential for Improved Conflict Resolution
ON THE POTENTIAL FOR IMPROVED CONFLICT RESOLUTION THROUGH ENTREPRENEURSHIP IN PALESTINE An Undergraduate Research Scholars Thesis by HUNTER HAMPTON Submitted to Honors and Undergraduate Research Texas A&M University in partial fulfillment of the requirements for the designation as an UNDERGRADUATE RESEARCH SCHOLAR Approved by Research Advisor: Dr. Ashley Passmore May 2015 Major: International Studies Economics TABLE OF CONTENTS Page ABSTRACT .................................................................................................................................. 1 ACKNOWLEDGMENTS ............................................................................................................ 2 NOMENCLATURE ..................................................................................................................... 3 CHAPTER I. INTRODUCTION ................................................................................................ 5 II. METHODS ......................................................................................................... 12 III. RESULTS ........................................................................................................... 16 IV. CONCLUSIONS ................................................................................................ 31 a. Israel .............................................................................................................. 31 b. Palestine .......................................................................................................