Hamas and the Terrorist Threat from the Gaza Strip
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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. -
Have Funneled Millions of Dollars to Hamas
Case 3:04-cr-00240-P Document 1243 Filed 11/12/2008 Page 1 of 40 IN TI-IE UNITED STATES DISTRICT COURT FOR THE NORTHERN DlSTRlCT OF TEXAS DALLAS DIVISION m'ITTD STATES OF AMERICA 5 sr NO. 3104-CR-240-P S HOLY LAND FOUNDATION FOR s RELIEF AND DEVELOPMENT (1) 5 also kno\vn as the "HLF" 5 Supersedes lndictmenr Returned On SHLWABU BAKER (7 I 5 July 26.2004 MOHAMMAD EL-MEZAIN (3) S GHASSAN ELASHI (4) S HAITHPLM MAGHAW (5) 5 AICRPLM MJSIIAL (6) S MUFID ABDLILQADER (7 ) >5 ABDULRAHIvlAN ODEI-I (8) S INDI CTMEN'T The Grand Jury Charges: INTRODUCTION At all times material herein: 1. The tlarakat al-Muqawamah al-lslamiyya is Arabic for "11e Isla~nicResistance Movement" and is known by the acronym HAMS. HAMAS: which is sometilnes rererred to by its followers as "The Movement," is a terrorist organization based in the West Bank and Gaza Strip (Gaza). HAMAS was founded in 1987 by Sheikh .4hmed Yassin as an outgrolvth of the Palestinian branch of the Musli~nBrotherhood. The Muslirn Brotllerhood is an international Isla~nicorganization founded in Egypt in 1928 Superseding Indictment - Page 1 Case 3:04-cr-00240-P Document 1243 Filed 11/12/2008 Page 2 of 40 and is collllnitted to the globalization of Islam through social engineering and violent jihad (holy war). H.4hV.S' published charter states that WMAS' purpose is to create an Islamic Palestinian state throughout lsrael by eliminating the State of lsrael through violen1 jiltad. 2. HAh4AS acllieves its goals through a militant wing. -
Hamas in Power
PALESTINIANS, ISRAEL, AND THE QUARTET: PULLING BACK FROM THE BRINK Middle East Report N°54 – 13 June 2006 TABLE OF CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATIONS................................................. i I. INTRODUCTION .......................................................................................................... 1 II. THE INTER-PALESTINIAN STRUGGLE ............................................................... 2 A. HAMAS IN GOVERNMENT ......................................................................................................3 B. FATAH IN OPPOSITION...........................................................................................................9 C. A MARCH OF FOLLY? .........................................................................................................13 D. THE PRISONERS’S INITIATIVE AND REFERENDUM................................................................16 III. THE INTERNATIONAL COMMUNITY AND THE PALESTINIAN CRISIS.. 21 A. PA BUDGETARY COSTS, DONOR CONTRIBUTIONS AND DONOR ATTITUDES ..........................21 B. A NATION UNDER SIEGE .....................................................................................................26 C. CAN A HUMANITARIAN COLLAPSE BE AVOIDED WITHOUT DEALING WITH THE PA? ........27 IV. CONCLUSION: WHAT SHOULD BE DONE? ....................................................... 32 A. SUBVERTING HAMAS? ........................................................................................................32 B. STRENGTHENING ABBAS? ...................................................................................................34 -
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 -
اﻟ ﻣرآزاﻟ ﻔ ﻟ ﺳط ﯾ ﻧ ﯾ ﻟﺣ ﻘوﻗ ﺎﻹﻧ ﺳﺎن PALESTINIAN CENTRE for HUMAN RIGHTS the Dead I
ال مرآزال ف ل سط ي ن ي لح قوق اﻹن سان PALESTINIAN CENTRE FOR HUMAN RIGHTS The Dead in the course of the Israeli recent military offensive on the Gaza strip between 27 December 2008 and 18January 2009 17 years old and belowWomen # Name Sex Ag Occupation Address Date of Date of Place of Attack Governor Civilian/ e death attack ate milit ant 1 Mustafa Khader Male 16 Student Tal al-Hawa / Gaza 27-Dec-08 27-Dec-08 Tal al- Gaza Civilian Saber Abu Ghanima Hawa/Gaza 2 Reziq Jamal Reziq al- Male 21 Policeman al-Sha'af / Gaza 27-Dec-08 27-Dec-08 Arafat Police Gaza Civilian Haddad City/Gaza 3 Ali Mohammed Jamil Male 24 Policeman Al-Shati Refugee 27-Dec-08 27-Dec-08 Arafat Police Gaza Civilian Abu Riala Camp / Gaza City/Gaza 4 Ahmed Mohammed Male 27 Policeman Al-Shati Refugee 27-Dec-08 27-Dec-08 Al- Gaza Civilian Ahmed Badawi Camp / Gaza MashtalIntellige nceOutpost/ Gaza 5 Mahmoud Khalil Male 31 Policeman Martyr Bassil Naim 27-Dec-08 27-Dec-08 Al-Mashtal Gaza Civilian Hassan Abu Harbeed Street/ Beit Hanoun Intelligence Outpost/ Gaza 6 Fadia Jaber Jabr Female 22 Student Al-Tufah / Gaza 27-Dec-08 27-Dec-08 Al-Tufah / Gaza Gaza Civilian Hweij 7 Mohammed Jaber Male 19 Student Al-Tufah / Gaza 27-Dec-08 27-Dec-08 Al-Tufah / Gaza Gaza Civilian JabrHweij 8 Nu'aman Fadel Male 56 Jobless Al-Zaytoon / Gaza 27-Dec-08 27-Dec-08 Tal al-Hawa / Gaza Civilian Salman Hejji Gaza 9 Riyad Omar Murjan Male 24 Student Yarmouk Street / Gaza 27-Dec-08 27-Dec-08 Al-Sena’a Street Gaza Civilian Radi / Gaza 10 Mumtaz Mohammed Male 37 Policeman Al-Sabra/ Gaza 27-Dec-08 27-Dec-08 -
Gaza CRISIS)P H C S Ti P P I U
United Nations Office for the Coordination of Humanitarian Affairs occupied Palestinian territory Zikim e Karmiya s n e o il Z P m A g l in a AGCCESSA ANDZ AMOV EMENTSTRI (GAZA CRISIS)P h c s ti P P i u F a ¥ SEPTEMBER 2014 o nA P N .5 F 1 Yad Mordekhai EREZ CROSSING (BEIT HANOUN) occupied Palestinian territory: ID a As-Siafa OPEN, six days (daytime) a B?week4 for B?3the4 movement d Governorates e e of international workers and limited number of y h s a b R authorized Palestinians including aid workers, medical, P r 2 e A humanitarian cases, businessmen and aid workers. Jenin d 1 e 0 Netiv ha-Asara P c 2 P Tubas r Tulkarm r fo e S P Al Attarta Temporary Wastewater P n b Treatment Lagoons Qalqiliya Nablus Erez Crossing E Ghaboon m Hai Al Amal r Fado's 4 e B? (Beit Hanoun) Salfit t e P P v i Al Qaraya al Badawiya i v P! W e s t R n m (Umm An-Naser) n i o » B a n k a North Gaza º Al Jam'ia ¹¹ M E D I TER RAN EAN Hatabiyya Ramallah da Jericho d L N n r n r KJ S E A ee o Beit Lahia D P o o J g Wastewater Ed t Al Salateen Beit Lahiya h 5 Al Kur'a J a 9 P l D n Treatment Plant D D D D 9 ) D s As Sultan D 1 2 El Khamsa D " Sa D e J D D l i D 0 D s i D D 0 D D d D D m 2 9 Abedl Hamaid D D r D D l D D o s D D a t D D c Jerusalem D D c n P a D D c h D D i t D D s e P! D D A u P 0 D D D e D D D a l m d D D o i t D D l i " D D n . -
Hamas and the International Human Rights Law
Hamas and the International Human Rights Law What are the legal consequences of a designated terrorist organization becoming the governing entity of a recognized state? April, 2015 Report presented by: Jerusalem Institute of Justice & Regent Law Center for Global Justice, Human Rights and the Rule of Law P.O. Box 2708 Jerusalem, Israel 9102602 Phone: +972 (0)2 5375545 Fax: +972 (0)2 5370777 Email: [email protected] Web: www.jij.org Acknowledgments The Jerusalem Institute of Justice would like to thank S. Ernie Walton, Esq. Administrative Director and the students of Regent Law Center for Global Justice, Human Rights, and the Rule of Law, Regent University for contributing this research paper to our advocacy efforts. JERUSALEM INSTITUTE OF JUSTICE 2 APRIL 2015 TABLE OF CONTENTS Introduction 4 Is the International Human Rights Law Biding on Non-state Actors? 5 International human rights laws should apply to non-state actors 5 IHRL should apply to non-state actors such as Hamas 6 The Rights and Duties of States Whose Governing Authority Is a Designated Terrorist Organization 13 Establishing Statehood under International Law 13 The Rights and Duties of Recognized States 14 Potential Consequences of a Terrorist Organization as the Governing Authority in a Recognized State 16 Conclusion 22 JERUSALEM INSTITUTE OF JUSTICE 3 APRIL 2015 INTRODUCTION This memorandum answers two legal questions: (1) Whether the Islamic Resistance Movement (Hamas) is subject to international human rights law; and (2) what are the legal consequences if a designated terrorist organization becomes the governing entity of a recognized state? JERUSALEM INSTITUTE OF JUSTICE 4 APRIL 2015 IS INTERNATIONAL HUMAN RIGHTS LAW BINDING ON NON-STATE ACTORS? Ideally, each state would address and resolve all human rights issues and violations within its own borders. -
The Tunnels in Gaza February 2015 the Tunnels in Gaza Testimony Before the UN Commission of Inquiry on the 2014 Gaza Conflict Dr
Dr. Eado Hecht 1 The Tunnels in Gaza February 2015 The Tunnels in Gaza Testimony before the UN Commission of Inquiry on the 2014 Gaza Conflict Dr. Eado Hecht The list of questions is a bit repetitive so I have decided to answer not directly to each question but in a comprehensive topical manner. After that I will answer specifically a few of the questions that deserve special emphasis. At the end of the text is an appendix of photographs, diagrams and maps. Sources of Information 1. Access to information on the tunnels is limited. 2. I am an independent academic researcher and I do not have access to information that is not in the public domain. All the information is based on what I have gleaned from unclassified sources that have appeared in the public media over the years – listing them is impossible. 3. The accurate details of the exact location and layout of all the tunnels are known only by the Hamas and partially by Israeli intelligence services and the Israeli commanders who fought in Gaza last summer. 4. Hamas, in order not to reveal its secrets to the Israelis, has not released almost any information on the tunnels themselves except in the form of psychological warfare intended to terrorize Israeli civilians or eulogize its "victory" for the Palestinians: the messages being – the Israelis did not get all the tunnels and we are digging more and see how sophisticated our tunnel- digging operation is. These are carefully sanitized so as not to reveal information on locations or numbers. -
Dr-Thesis-2015-Frode-Løvlie.Pdf (3.639Mb)
7KHLQVWLWXWLRQDOWUDMHFWRU\RI+DPDV )URPUDGLFDOLVPWRSUDJPDWLVP²DQGEDFNDJDLQ" )URGH/¡YOLH Dissertation for the degree philosophiae doctor (PhD) at the University of Bergen Dissertation date: 0DUFK © Copyright Frode Løvlie The material in this publication is protected by copyright law. Year: 2015 Title: The institutional trajectory of Hamas From radicalism to pragmatism—and back again? Author: Frode Løvlie In memory of my father v Contents Illustrations xiii Tables xiv Abstract xv Acknowledgments xvi Chapter 1: Introduction 17 1.1 Research outline: Hamas as a case of party institutionalization 19 1.1.1 Institutionalization explained 19 1.1.2 From movement … 21 1.1.3 … toward institutionalized political party 22 1.2 Consequences of Palestinian politics ordinary politics 23 1.2.1 Hamas as a party—the empirical rationale 24 1.2.2 The theoretical case for traveling to Palestine 26 1.3 The analytical framework 27 1.3.1 Party institutionalization in Palestine 28 1.3.2 The roots of Hamas—a social movement organization in Palestine 30 1.3.3 The institutionalization of Hamas as a political party 34 The process of institutionalization 34 Institutionalization as a property variable 37 1.3.4 Tracing the process and measuring the degree of institutionalization 40 The criteria 42 1.4 Structure of thesis 44 Chapter 2: Researching Hamas—methods, sources, and data 50 2.1 Comparative case studies as a remedy to ideological bias 51 2.1.1 Theoretical comparisons 53 2.1.2 Within-case comparison 54 vi The spatial aspects 54 Temporal comparison 54 2.2 Sources -
To Be Young in Palestine Pénélope Larzillière
To Be Young in Palestine Pénélope Larzillière To cite this version: Pénélope Larzillière. To Be Young in Palestine: translation by William Snow of the book Etre jeune en Palestine (Paris, Balland, 2004, 205p.). Balland, 200p, 2004. halshs-00464037 HAL Id: halshs-00464037 https://halshs.archives-ouvertes.fr/halshs-00464037 Submitted on 15 Mar 2010 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. To Be Young in Palestine Pénélope Larzillière Translation by William Snow of the book: Larzillière, Pénélope (2004), Etre jeune en Palestine, Paris, Balland, 205p. 3 Table of Contents INTRODUCTION ................................................................................................................................................. 6 PART ONE: PALESTINIAN YOUTH ............................................................................................................. 14 CHAPTER 1 ........................................................................................................................................................ 15 THE NATIONAL -
Philippine Ambassador to Israel Visited the ZAKA Headquarters in Jerusalem
NEWSZAK A Rosh Hashanah Annual Summary FOR OUR ENEMIES, NOWHERE IN ISRAEL IS BEYOND REACH FOR ZAKA, NOWHERE IN ISRAEL IS BEYOND COVER Dear Friends of ZAKA, Welcome to this Rosh Hashanah Summary edition of NewsZAKA, bringing you up to date with the latest ZAKA activity. We are proud to highlight in this newsletter both the domestic and international aspects of ZAKA's work. In August, ZAKA was honoured at a tribute evening for the volunteers who served throughout Operation Protective Edge. The President of Israel, Mr Reuven Rivlin, thanked the ZAKA volunteers for their dedication and selfless work throughout the long, hard days & weeks of the operation. The President said: "As always, ZAKA volunteers are pioneers, leading the pack. We see you at every incident, helping others, saving lives, honouring the dead. Your dedication has become world-renowned. ZAKA and its volunteers are the best example of sharing the burden in Israeli society." Please read on for an in-depth feature of ZAKA’s work during the Gaza conflict as well as a selection of stories – some happy, others sad or serious – all with one common thread: the 1,650 selfless ZAKA Volunteers who give up everything, at a moment’s notice, to help others in their ultimate time of need. Wherever in the world they may be. They happened at different times over the last year and highlight a small section of our activity at ZAKA. ZAKA relies solely on donations from the general public both in Israel and throughout the Diaspora. If you are able to make a donation at this time please visit one of our websites. -
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.