Operation Protective Edge”
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Moving-Nowhere.Pdf
MA’AN Development Center MOVINGMOVING NOWHERE: FIRING ZONES AND FORCIBLE TRANSFER IN THE JORDAN VALLEY NOWHERE FIRING ZONES AND FORCIBLE TRANSFER IN THE JORDAN VALLEY 1 2 MOVINGMOVING NOWHERE: FIRING ZONES AND FORCIBLE TRANSFER IN THE JORDAN VALLEY NOWHERE FIRING ZONES AND FORCIBLE TRANSFER IN THE JORDAN VALLEY 2015 3 Table of Contents Introduction 3 Physical Security 6 Eviction Orders And Demolition Orders 10 Psychological Security 18 Livelihood Reductions 22 Environmental Concerns 24 Water 26 Settler Violence 28 Isuues Faced By Other Communities In Area C 32 International Humanitarian Law 36 Conclusion 40 Photo by Hamza Zbiedat Hamza by Photo 4 Moving Nowhere Introduction Indirect and direct forcible transfer is currently at the forefront of Israel’s ideological agenda in area C. Firing zones, initially established as a means of land control, are now being used to create an environment so hostile that Palestinians are forced to leave the area or live in conditions of deteriorating security. re-dating the creation of the state of Israel, there was an ideological agenda within Pcertain political spheres predicated on the notion that Israel should exist from the sea to the Jordan River. Upon creation of the State the subsequent governments sought to establish this notion. This has resulted in an uncompromising programme of colonisation, ethnic cleansing and de-development in Palestine. The conclusion of the six day war in 1967 marked the beginning of the ongoing occupation, under which the full force of the ideological agenda has been extended into the West Bank. Israel has continuously led projects and policies designed to appropriate vast amounts of Palestinian land in the West Bank, despite such actions being illegal under international law. -
The Occupation's Fig Leaf
B’Tselem will no longer play a part in the pretense posed by the military law enforcement system and will no longer refer complaints to it. The Occupation's The experience we have gained, on which we Fig Leaf base the conclusions presented in this report, has brought us to the realization that there is Israel’s Military Law Enforcement no longer any point in pursuing justice and defending human rights by working with a System as a Whitewash Mechanism system whose real function is measured by its ability to continue to successfully cover up unlawful acts and protect perpetrators. The Occupation's Fig Leaf Israel’s Military Law Enforcement System as a Whitewash Mechanism May 2016 ISBN 978-965-7613-19-1 Cover: THOMAS COEX/AFP/Getty Images Einhar Design -1- -2- Table of Contents Introduction .......................................................................................................................................................... 5 The military law enforcement system: In theory ........................................................................................ 7 The military law enforcement system: In practice .................................................................................... 16 Conclusions ...................................................................................................................................................... 36 Table : MAG Corps handling of incidents referred by B’Tselem - 2000-2015 ............................................. 40 Illustrative Cases The killing of Wadi’ Samarah -
Targeted Killings</Em>
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Michigan School of Law Michigan Journal of International Law Volume 39 Issue 2 2018 Targeting the Targeted Killings Case - International Lawmaking in Domestic Contexts Yahli Shereshevsky Hebrew University of Jerusalem Follow this and additional works at: https://repository.law.umich.edu/mjil Part of the Comparative and Foreign Law Commons, International Humanitarian Law Commons, and the Military, War, and Peace Commons Recommended Citation Yahli Shereshevsky, Targeting the Targeted Killings Case - International Lawmaking in Domestic Contexts, 39 MICH. J. INT'L L. 241 (2018). Available at: https://repository.law.umich.edu/mjil/vol39/iss2/4 This Article is brought to you for free and open access by the Michigan Journal of International Law at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of International Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. TARGETING THE TARGETED KILLINGS CASE – INTERNATIONAL LAWMAKING IN DOMESTIC CONTEXTS Yahli Shereshevsky* INTRODUCTION ................................................. 242 I. THE DEBATE OVER TARGETED KILLINGS ............... 244 A. Three Main Controversies in the International Law Debate over Targeted Killings ....................... 244 B. Targeted Killings in Israel: From the Targeted Killings Case to the 2014 Gaza Conflict ............. 247 1. The Targeted Killings Case ..................... 247 2. The 2014 Gaza Conflict Report ................. 249 II. THREE COMPLEMENTARY EXPLANATIONS FOR THE ADOPTION OF THE FORMAL MEMBERSHIP APPROACH: JUDICIAL DEFERENCE, THE U.S. LEGAL POSITION AND THE INTERPRETIVE COMMUNITY OF MILITARY LAWYERS, AND A PRESSING NEED ................................ -
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 -
Extrajudicial Killing with Near Impunity: Excessive Force by Israeli Law Enforcement Against Palestinians
\\jciprod01\productn\B\BIN\35-1\BIN104.txt unknown Seq: 1 7-FEB-17 13:24 EXTRAJUDICIAL KILLING WITH NEAR IMPUNITY: EXCESSIVE FORCE BY ISRAELI LAW ENFORCEMENT AGAINST PALESTINIANS Emily Schaeffer Omer-Man* I. INTRODUCTION ............................................ 116 R II. RECENT ALLEGED EXTRAJUDICIAL KILLINGS IN ISRAEL- PALESTINE ................................................ 119 R III. A PATTERN OF EXCESSIVE FORCE AGAINST PALESTINIANS ............................................. 135 R A. Arenas of Excessive Violence against Palestinians ...... 136 R B. The Disparity in Law Enforcement Responses to Palestinians versus Jews ............................... 140 R * The author holds a JD from the University of California, Berkeley School of Law (Boalt), and is an American-Israeli human rights attorney at the Michael Sfard Law Office in Tel Aviv, where she currently serves as senior counsel and acting director. She has been a member of the legal team of Israeli human rights NGO, Yesh Din, for over a decade, and for the last eight years has served as Legal Director of the organization’s Accountability of Security Personnel project. In that capacity, she has represented over 500 Palestinian victims of alleged crimes committed against them or their property by Israeli police, soldiers, and other security personnel. The author is also a legal advisor to Israeli NGOs Breaking the Silence and Peace Now, among others, and represents individuals and communities in bringing human rights claims before the Israeli courts, specializing in International Humanitarian Law and International Human Rights Law and their application to the territories occupied by Israel in 1967. The author wishes to express her gratitude to Shelley Cavalieri, Miri Sharon and Michael Schaeffer Omer-Man for their excellent comments and feedback on previous drafts of this Article, as well as to the remarkable editors of the Boston University International Law Journal for their collaboration on this project and their dedication to bringing this important issue to light. -
Operation "Protective Edge"
Operation "Protective Edge" IDF Activity from the Perspective of International Law, Particularly with Regard to Mechanisms of Examination and Oversight of Civilian and Military Echelons Public Report IDF Activity from the Perspective of International Law | 3 Summary General Background 1. The modern battlefield presents many operational challenges, some of which are affected by the fact that civilians who do not take a direct part in hostilities 1 (hereinafter - uninvolved civilians) in the combat zones and therefore could be harmed due to IDF combat operations in these sectors. International law regulating the use of force consists two sets of laws: jus ad bellum ('law of war'), which determine when a state may use force, and jus in bello, ('law in war') also referred to as "the Law of Armed Conflict" or "international humanitarian law" which determine the international legal regime governing the use of force during an armed conflict, and regulate the duties, rights and defenses of states and individuals involved in or affected by an armed conflict. In addition to international humanitarian law, there are other branches of law that relate to the obligation to examine and investigate violations of international humanitarian law principles (see more below2). One of them is international criminal law, which states that the domestic judicial system has precedence over an extraterritorial judicial system in adjudicating international law violations. This is based on two principles: the "principle of complementarity"3, according to which the authority of an international jurisdiction will be exercised as a last resort when states are unwilling or unable to exercise their duty to investigate and prosecute; and the "principle of subsidiarity", according to which a jurisdiction with territorial or national affiliation has precedence over an international jurisdiction, which has subsidiary responsibility. -
Israel's Air and Missile Defense During the 2014 Gaza
Israel’s Air and Missile Defense During the 2014 Gaza War Rubin Uzi Ramat Gan 5290002 Israel Mideast Security and Policy Studies No. 111 www.besacenter.org THE BEGIN-SADAT CENTER FOR STRATEGIC STUDIES BAR-ILAN UNIVERSITY Mideast Security and Policy Studies No. 111 Israel’s Air and Missile Defense During the 2014 Gaza War Uzi Rubin Israel’s Air and Missile Defense During the 2014 Gaza War Uzi Rubin © The Begin-Sadat Center for Strategic Studies Bar-Ilan University Ramat Gan 5290002 Israel Tel. 972-3-5318959 Fax. 972-3-5359195 [email protected] http://www.besacenter.org ISSN 1565-9895 February 2015 Cover picture: Flickr/Israel Defense Forces The Begin-Sadat (BESA) Center for Strategic Studies The Begin-Sadat Center for Strategic Studies advances a realist, conservative, and Zionist agenda in the search for security and peace for Israel. It was named in memory of Menachem Begin and Anwar Sadat, whose efforts in pursuing peace lay the cornerstone for conflict resolution in the Middle East. The center conducts policy-relevant research on strategic subjects, particularly as they relate to the national security and foreign policy of Israel and Middle East regional affairs. Mideast Security and Policy Studies serve as a forum for publication or re-publication of research conducted by BESA associates. Publication of a work by BESA signifies that it is deemed worthy of public consideration but does not imply endorsement of the author’s views or conclusions. Colloquia on Strategy and Diplomacy summarize the papers delivered at conferences and seminars held by the Center for the academic, military, official and general publics. -
Filling in the Blanks
Filling in the Blanks Documenting Missing Dimensions in UN and NGO Investigations of the Gaza Conflict A publication of NGO Monitor and UN Watch Edited by Gerald M. Steinberg and Anne Herzberg Filling in the Blanks Documenting Missing Dimensions in UN and NGO Investigations of the Gaza Conflict Filling in the Blanks Documenting Missing Dimensions in UN and NGO Investigations of the Gaza Conflict A publication of NGO Monitor and UN Watch Edited by Gerald M. Steinberg and Anne Herzberg Contributors Gerald Steinberg Hillel Neuer Jonathan Schanzer Abraham Bell Dr. Uzi Rubin Trevor Norwitz Anne Herzberg Col. Richard Kemp Table of Contents Preface i. Executive Summary 1 Chapter 1: Production and Import of Rockets and Missiles Launched from Gaza at Targets in Israel 6 Chapter 2: The Sources of Hamas Financing, and the Implications Related to Providing Assistance to a Recognized Terror Organization 27 Chapter 3: Evidence Regarding the Abuse of Humanitarian Aid to Gaza for Military and Terror Purposes, and Questions of Supervision and Accountability 41 Chapter 4: The Credibility of Reports and Allegations from Non- Governmental Organizations (NGOs) Regarding the 2014 Conflict 73 Appendix 1: Submission to the United Nations Independent Commission of Inquiry on the 2014 Gaza Conflict by Colonel Richard Kemp CBE 131 Appendix 2: Letter to Mary McGowan Davis, Chair of United Nations Independent Commission of Inquiry on the 2014 Gaza Conflict by Trevor S. Norwitz 144 Appendix 3: Why the Schabas Report Will Be Every Bit as Biased as the Goldstone Report by Hillel Neuer (originally published in The Tower, March 2015, reprinted with permission) 149 Appendix 4: Letter to Ban Ki-Moon, Secretary General of the United Nations by Prof Gerald Steinberg 161 Contributors and Acknowledgements 163 Endnotes: 168 Filling in the Blanks i Preface his report provides an independent, fully-sourced, systematic, and detailed documentation on some of the key issues related to the renewal of intense conflict between Hamas and Israel during July and August 2014. -
The 2014 Gaza War: the War Israel Did Not Want and the Disaster It Averted
The Gaza War 2014: The War Israel Did Not Want and the Disaster It Averted Hirsh Goodman and Dore Gold, eds. with Lenny Ben-David, Alan Baker, David Benjamin, Jonathan D. Halevi, and Daniel Rubenstein Front Cover Photo: Hamas fires rockets from densely populated Gaza City into Israel on July 15, 2014. The power plant in the Israeli city of Ashkelon is visible in the background. (AFP/Thomas Coex) Back Cover Photo: Hamas terrorists deploy inside a tunnel under the Gaza City neighborhood of Shuja’iya on Aug. 17, 2014. (Anadolu Images/Mustafa Hassona) © 2015 Jerusalem Center for Public Affairs Jerusalem Center for Public Affairs 13 Tel Hai Street, Jerusalem, Israel Tel. 972-2-561-9281 Fax. 972-2-561-9112 Email: [email protected] www.jcpa.org Graphic Design: Darren Goldstein ISBN: 978-965-218-125-1 Contents Executive Summary 4 Preface 5 Israel’s Narrative – An Overview 7 Hirsh Goodman Telling the Truth about the 2014 Gaza War 31 Ambassador Dore Gold Israel, Gaza and Humanitarian Law: Efforts to Limit Civilian Casualties 45 Lt. Col. (res.) David Benjamin The Legal War: Hamas’ Crimes against Humanity and Israel’s Right to Self-Defense 61 Ambassador Alan Baker The Limits of the Diplomatic Arena 77 Ambassador Dore Gold Hamas’ Strategy Revealed 89 Lt. Col. (ret.) Jonathan D. Halevi Hamas’ Order of Battle: Weapons, Training, and Targets 109 Lenny Ben-David Hamas’ Tunnel Network: A Massacre in the Making 119 Daniel Rubenstein Hamas’ Silent Partners 131 Lenny Ben-David Gazan Casualties: How Many and Who They Were 141 Lenny Ben-David Key Moments in a 50-Day War: A Timeline 153 Daniel Rubenstein About the Authors 167 About the Jerusalem Center for Public Affairs 168 3 Executive Summary The Gaza War 2014: The War Israel Did Not Want and the Disaster It Averted is a researched and documented narrative that relates the truth as it happened. -
Israeli Targeting: a Legal Appraisal John J
Naval War College Review Volume 68 Article 4 Number 4 Autumn 2015 Israeli Targeting: A Legal Appraisal John J. Merriam U.S. Army Michael N. Schmitt Follow this and additional works at: https://digital-commons.usnwc.edu/nwc-review Recommended Citation Merriam, John J. and Schmitt, Michael N. (2015) "Israeli Targeting: A Legal Appraisal," Naval War College Review: Vol. 68 : No. 4 , Article 4. Available at: https://digital-commons.usnwc.edu/nwc-review/vol68/iss4/4 This Article is brought to you for free and open access by the Journals at U.S. Naval War College Digital Commons. It has been accepted for inclusion in Naval War College Review by an authorized editor of U.S. Naval War College Digital Commons. For more information, please contact [email protected]. Merriam and Schmitt: Israeli Targeting: A Legal Appraisal ISRAELI TARGETING A Legal Appraisal Major John J. Merriam, U.S. Army, and Michael N. Schmitt he Israeli-Palestinian conflict is seemingly intractable� It involves conten- tious issues, such as extended occupation, the status of Jerusalem, a claimed T“right of return” for Palestinian refugees, and recognition of a Palestinian state� Episodic hostilities have punctuated the conflict, causing heavy civilian casualties on both sides� The tactics employed have proved highly controversial, with some, such as terrorism and the direct targeting of the Israeli population, self-evidently qualifying as war crimes� Between June and August 2014, Israel engaged in yet another round of intense hostilities with Palestinian organized -
Compilation of Reference Documents Israel: Submission to the United Nations Human Rights Committee, Ai Index: Mde 15/030/2014 112Th Session, 7-31 October 2014
COMPILATION OF REFERENCE DOCUMENTS ISRAEL: SUBMISSION TO THE UNITED NATIONS HUMAN RIGHTS COMMITTEE, AI INDEX: MDE 15/030/2014 TH 112 SESSION, 7-31 OCTOBER 2014 AMNESTY INTERNATIONAL PUBLIC STATEMENT Index: MDE 15/005/2013 7 June 2013 Israel: Deportations of asylum-seekers must stop In the light of new information emerging over the last week on the extent of the Israeli government’s deportation of asylum-seekers, in violation of international law, Amnesty International urges the Israeli government to end all removals of asylum-seekers to their home or third countries The new information, which was revealed by the State Prosecutor’s Office in the context of a High Court of Justice hearing, on 2 June 2013, of a petition challenging the legality of the Prevention of Infiltration Law, 2012, shed light on the numbers of Eritrean and Sudanese asylum-seekers deported in violation of the international law principle of non-refoulement, as well as new plans to deport Eritrean asylum-seekers to an unspecified third country. International law, including the 1951 Convention relating to the Status of Refugees, which Israel has ratified, prohibits states from returning anyone to a country where they would be at real risk of persecution or other serious human rights violations or abuses, or to a country where they would not be protected against such return (the principle of non-refoulement). The prohibition on refoulement covers all forms of forced return, including legal or other measures such as extradition, deportation, returns at the border and collective expulsion. Although Israeli government officials have frequently spoken of plans to deport asylum-seekers and other foreign nationals to third countries, at the court hearing on 2 June 2013 the state representative claimed for the first time that the government had already reached an agreement with one such country to receive Eritrean nationals, and possibly nationals of other countries, currently detained under the Prevention of Infiltration Law, 2012. -
The War of a Million Cuts
9 “I warmly recommend this well-documented book to all friends of Israel in Europe (and others!) for effectively combating the surge of anti-Semitism and anti-Israelism on their continent.” —MEP Bastiaan Belder, Committee for Foreign Affairs/vice-chair of Israel delegation, European Parliament “Delegitimizing Israel is a critical objective for its most determined enemies. Gerstenfeld explains what the dangers are and what to do about them in this important book.” —John Bolton, former U.S. ambassador to the United Nations “Manfred Gerstenfeld not only carefully documents the plethora of current expres- sions of hatred of Jews and Israel, its instigators and promoters; by connecting the bits and pieces, he confronts the reader with a chillingly accurate picture. It is a book not just to read but to act upon.” —Daniel Herman, minister of culture, Czech Republic “This is a must-read book that unravels the complex process of the delegitimiza- tion and demonization of the Jews and Israel. It lucidly exposes the perpetrators and suggests how to combat them successfully. I recommend it to anyone who cares about effectively presenting Israel’s case.” —Steve Linde, editor in chief, The Jerusalem Post “I hold to this inescapable historical truth: it will never be time to forget Israel. There will never be a time when we can abandon the cause of justice for the Jewish people: the right to be. Peace in the Middle East, to which we all aspire, will only be possible when all, and I mean everyone, effectively recognize and respect the right to the existence of the state of Israel.