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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. -
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. -
Suicide Terrorists in the Current Conflict
Israeli Security Agency [logo] Suicide Terrorists in the Current Conflict September 2000 - September 2007 L_C089061 Table of Contents: Foreword...........................................................................................................................1 Suicide Terrorists - Personal Characteristics................................................................2 Suicide Terrorists Over 7 Years of Conflict - Geographical Data...............................3 Suicide Attacks since the Beginning of the Conflict.....................................................5 L_C089062 Israeli Security Agency [logo] Suicide Terrorists in the Current Conflict Foreword Since September 2000, the State of Israel has been in a violent and ongoing conflict with the Palestinians, in which the Palestinian side, including its various organizations, has carried out attacks against Israeli citizens and residents. During this period, over 27,000 attacks against Israeli citizens and residents have been recorded, and over 1000 Israeli citizens and residents have lost their lives in these attacks. Out of these, 155 (May 2007) attacks were suicide bombings, carried out against Israeli targets by 178 (August 2007) suicide terrorists (male and female). (It should be noted that from 1993 up to the beginning of the conflict in September 2000, 38 suicide bombings were carried out by 43 suicide terrorists). Despite the fact that suicide bombings constitute 0.6% of all attacks carried out against Israel since the beginning of the conflict, the number of fatalities in these attacks is around half of the total number of fatalities, making suicide bombings the most deadly attacks. From the beginning of the conflict up to August 2007, there have been 549 fatalities and 3717 casualties as a result of 155 suicide bombings. Over the years, suicide bombing terrorism has become the Palestinians’ leading weapon, while initially bearing an ideological nature in claiming legitimate opposition to the occupation. -
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. -
B'tselem and Hamoked Report: One Big Prison
One Big Prison Freedom of Movement to and from the Gaza Strip on the Eve of the Disengagement Plan March 2005 One Big Prison Freedom of Movement to and from the Gaza Strip on the Eve of the Disengagement Plan March 2005 Researched and written by Yehezkel Lein Data coordination by Najib Abu Rokaya, Ariana Baruch, Reem ‘Odeh, Shlomi Swissa Fieldwork by Musa Abu Hashhash, Iyad Haddad, Zaki Kahil, Karim Jubran, Mazen al-Majdalawi, ‘Abd al-Karim S’adi Assistance on legal issues by Yossi Wolfson Translated by Zvi Shulman, Shaul Vardi Edited by Rachel Greenspahn Cover photo: Palestinians wait for relatives at Rafah Crossing (Muhammad Sallem, Reuters) ISSN 0793-520X B’TSELEM - The Israeli Center for Human Rights HaMoked: Center for the Defence of in the Occupied Territories was founded in 1989 by a the Individual, founded by Dr. Lotte group of lawyers, authors, academics, journalists, and Salzberger is an Israeli human rights Knesset members. B’Tselem documents human rights organization founded in 1988 against the abuses in the Occupied Territories and brings them to backdrop of the first intifada. HaMoked is the attention of policymakers and the general public. Its designed to guard the rights of Palestinians, data are based on independent fieldwork and research, residents of the Occupied Territories, official sources, the media, and data from Palestinian whose liberties are violated as a result of and Israeli human rights organizations. Israel's policies. Introduction “The only thing missing in Gaza is a morning Since the beginning of the occupation, line-up,” said Abu Majid, who spent ten Palestinians traveling from the Gaza Strip to years in Israeli prisons, to Israeli journalist Egypt through the Rafah crossing have needed Amira Hass in 1996.1 This sarcastic comment a permit from Israel. -
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. -
Environmental Assessment of the Areas Disengaged by Israel in the Gaza Strip
Environmental Assessment of the Areas Disengaged by Israel in the Gaza Strip FRONT COVER United Nations Environment Programme First published in March 2006 by the United Nations Environment Programme. © 2006, United Nations Environment Programme. ISBN: 92-807-2697-8 Job No.: DEP/0810/GE United Nations Environment Programme P.O. Box 30552 Nairobi, KENYA Tel: +254 (0)20 762 1234 Fax: +254 (0)20 762 3927 E-mail: [email protected] Web: http://www.unep.org This revised edition includes grammatical, spelling and editorial corrections to a version of the report released in March 2006. This publication may be reproduced in whole or in part and in any form for educational or non-profit purposes without special permission from the copyright holder provided acknowledgement of the source is made. UNEP would appreciate receiving a copy of any publication that uses this publication as a source. No use of this publication may be made for resale or for any other commercial purpose whatsoever without prior permission in writing from UNEP. The designation of geographical entities in this report, and the presentation of the material herein, do not imply the expression of any opinion whatsoever on the part of the publisher or the participating organisations concerning the legal status of any country, territory or area, or of its authorities, or concerning the delimination of its frontiers or boundaries. Unless otherwise credited, all the photographs in this publication were taken by the UNEP Gaza assessment mission team. Cover Design and Layout: Matija Potocnik -
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 -
Fatah and Hamas: the New Palestinian Factional Reality
Order Code RS22395 March 3, 2006 CRS Report for Congress Received through the CRS Web Fatah and Hamas: the New Palestinian Factional Reality Aaron D. Pina Analyst in Middle Eastern Affairs Foreign Affairs, Defense, and Trade Division Summary For the first time in its history, the Palestinian parliament is set to be led by Hamas, which the United States and European Union have designated a foreign terrorist organization. Although some lauded the generally free and fair election in January 2006, others criticized the outcome and accused Hamas of “hijacking” democracy. This report provides an overview of the new political realities in the West Bank and Gaza after the election, the challenges Fatah and Hamas face, and possible implications for U.S. policy. This report will be updated as warranted. For more information on the Palestinians, see CRS Report RL33269, Palestinian Elections, by Aaron D. Pina, CRS Issue Brief IB91137 The Middle East Peace Talks, by Carol Migdalovitz, and CRS Report RS22370, U.S. Assistance to the Palestinians, by Jeremy M. Sharp. Background On January 25, 2006, Palestinians voted in parliamentary elections and Hamas emerged as the clear winner, with 74 out of 132 parliamentary seats. Fatah, the dominant party in the Palestine Liberation Organization (PLO), won 45 seats, and 13 seats went to other minor parties. Since then, several governments, including the United States, have cautioned that unless Hamas disavows terrorism, recognizes Israel, and accepts all previous Israeli-Palestinian agreements, diplomatic and economic relations with the Palestinian Authority may be circumscribed or ended altogether. Hamas1 During the 1970s and 1980s, Palestinians experienced a rise in political Islam, embodied in Hamas, founded in 1987 by the late Sheik Ahmad Yasin. -
THE CHALLENGE of GAZA: Policy Options and Broader Implications
BROOKINGS 1775 Massachusetts Ave., NW Washington, D.C. 20036-2103 www.brookings.edu ANALYSIS PAPER Number 23, July 2011 THE CHALLENGE OF GAZA: Policy Options and Broader Implications Daniel Byman Gad Goldstein ANALYSIS PAPER Number 23, July 2011 THE CHALLENGE OF GAZA: Policy Options and Broader Implications Daniel Byman Gad Goldstein The Brookings Institution is a private non-profit organization. Its mission is to conduct high-quality, independent research and, based on that research, to provide innovative, practical recommendations for policymakers and the public. The conclusions and recommendations of any Brookings publication are solely those of its author(s), and do not reflect the views of the Institution, its management, or its other scholars. Brookings recognizes that the value it provides to any supporter is in its absolute commitment to quality, independence and impact. Activities supported by its donors reflect this commitment and the analysis and recommendations are not determined by any donation. Copyright © 2011 1775 Massachusetts Avenue, N.W., Washington, D.C. 20036 www.brookings.edu Table of Contents Executive Summary . iv Acknowledgements . ix The Authors . x Introduction . 1 The Nature of the Challenge in Gaza . 3 Factors Beyond Gaza to Consider . 18 Policy Options . 24 THE CHALLENGE OF GAZA: Policy Options and Broader Implications The Saban Center at BRooKings iii Executive Summary lthough both the United States and Israel Hamas draws on many resources to stay in power . devote tremendous attention to the Middle Most notably, Hamas has long exploited its infra- East peace process, the Gaza Strip and its structure of mosques, social services, and communi- HamasA government have continued to vex Ameri- ty organizations to raise money and attract recruits . -
General Assembly Distr.: General 3 October 2001 English Original: English/French
United Nations A/56/428 General Assembly Distr.: General 3 October 2001 English Original: English/French Fifty-sixth session Agenda item 88 Report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories Report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories Note by the Secretary-General* The General Assembly, at its fifty-fifth session, adopted resolution 55/130 on the work of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories, in which, among other matters, it requested the Special Committee: (a) Pending complete termination of the Israeli occupation, to continue to investigate Israeli policies and practices in the Occupied Palestinian Territory, including Jerusalem, and other Arab territories occupied by Israel since 1967, especially Israeli lack of compliance with the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and to consult, as appropriate, with the International Committee of the Red Cross according to its regulations in order to ensure that the welfare and human rights of the peoples of the occupied territories are safeguarded and to report to the Secretary- General as soon as possible and whenever the need arises thereafter; (b) To submit regularly to the Secretary-General periodic reports on the current situation in the Occupied Palestinian Territory, including Jerusalem; (c) To continue to investigate the treatment of prisoners in the Occupied Palestinian Territory, including Jerusalem, and other Arab territories occupied by Israel since 1967. -
The Palestinians: Overview, 2021 Aid, and U.S. Policy Issues
Updated September 9, 2021 The Palestinians: Overview, Aid, and U.S. Policy Issues The Palestinians and their ongoing disputes and interactions million (roughly 44%) are refugees (registered in the West with Israel raise significant issues for U.S. policy (see “U.S. Bank, Gaza, Jordan, Lebanon, and Syria) whose claims to Policy Issues and Aid” below). After a serious rupture in land in present-day Israel constitute a major issue of Israeli- U.S.-Palestinian relations during the Trump Administration, Palestinian dispute. The U.N. Relief and Works Agency for the Biden Administration has started reengaging with the Palestine Refugees in the Near East (UNRWA) is mandated Palestinian people and their leaders, and resuming some by the U.N. General Assembly to provide protection and economic development and humanitarian aid—with hopes essential services to these registered Palestinian refugees, of preserving the viability of a negotiated two-state including health care, education, and housing assistance. solution. In the aftermath of the May 2021 conflict International attention to the Palestinians’ situation involving Israel and Gaza, U.S. officials have announced additional aid (also see below) and other efforts to help with increased after Israel’s military gained control over the West Bank and Gaza in the 1967 Arab-Israeli War. Direct recovery and engage with the West Bank-based Palestinian U.S. engagement with Palestinians in the West Bank and Authority (PA), but near-term prospects for diplomatic progress toward Israeli-Palestinian peace reportedly remain Gaza dates from the establishment of the PA in 1994. For the past several years, other regional political and security dim.