6 comments for ”Testimonies reveal IDF campaign to dismantle Palestinian society“

    
  1. “The IDF came into the Second Intifada with a way of thinking about military operations, that is very different from the classic notion of war. …the intent of the IDF during the Second Intifada was to undermine the ability of Palestinian society to politically challenge Israel, by destroying its capacity to function as an integrated whole.”

    Targeting a group or society for destruction as a group or society, without necessarily targeting the individual members for physical destruction was part of Raphael Lemkin’s original definition of genocide. It wasn’t included in the treaty definition, because the imperial and colonial powers were reluctant to outlaw their own behavior.

    Lemkin was describing the tactics employed by Germany in Europe, but he could just as easily have been describing CIA-Special Forces counter-insurgency doctrines that were employed against the Vietnamese and are still being used to excuse the capture or killing of local civilian leaders in Afghanistan.

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  3. The Genocide Convention requires contracting states to adopt national legislation to prosecute the crime. A few countries actually have adopted the wider definition that Lemkin originally proposed.

    For example, in Jorgic v. Germany the European Court of Human Rights “also found that the applicant had acted with intent to commit genocide within the meaning of Article 220a of the Criminal Code. Referring to the views expressed by several legal writers, it stated that the “destruction of a group” within the meaning of Article 220a of the Criminal Code meant destruction of the group as a social unit in its distinctiveness and particularity and its feeling of belonging together; a biological-physical destruction was not necessary.” … …The Court considered that, while many authorities had favoured a narrow interpretation of the crime of genocide, there had already been several authorities which had interpreted the offence of genocide in a wider way, in common with the German courts.”

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  5. Very interesting. According to “Hostage” Israel is guilty of genocide by defending itself against a war of suicide bombers that killed or wounded THOUSANDS of Israelis.
    In other words, Israel is guilty of genocide merely by trying to continue to exist. Fascinating!

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  7. The only reference to Israel in my two posts was a direct quote from the main article. I didn’t say Israel had been found guilty of anything. I realize that Israel has faced indiscriminate and deadly acts of violence against its civilian population. Nonetheless, the measures it takes in response to terror attacks are bound to remain in conformity with applicable international law.

    The International Court of Justice has dismissed the idea that Israel can rely on a state of necessity or self-defense to preclude the wrongfulness of some of the on-going illegal acts that are being perpetrated against the Palestinian population as a whole. FYI, the Court ruled that the State of Israel owed compensation in that regard. Some of the interested state parties observed that the resulting situation in the occupied territory amounted to collective punishment and corresponded to a number of the constituent acts of the crime of apartheid, as enumerated in Article 2 of the International Convention on the Suppression and Punishment of the Crime of Apartheid, including “the deliberate imposition on a group of living conditions calculated to cause its physical destruction in whole or in part”. See for example page 8 of the “Written Statement of Lebanon” http://www.icj-cij.org/docket/files/131/1563.pdf

    The Court found that, with the exception of Israeli citizens, Israel was systematically violating the basic human rights of the inhabitants of the Occupied Territories. The Court cited illegal interference by the government of Israel with the Palestinian’s national right to self-determination, land confiscations, house demolitions, the creation of walled enclaves, and restrictions on movement and access to adequate supplies of water, food, education, health care, work, and etc. The Court also noted that Palestinians had been displaced in violation of Article 49, paragraph 6, of the Fourth Geneva Convention. The Goldstone Fact Finding Mission and responsible UN Rapporteurs have subsequently noted that in the movement and access policy there has been a violation of the right not to be discriminated against on the basis of race or national origin. All of those things happen to be constituent acts of the crime of apartheid that are enumerated in article 2 of the international Convention.

    The ICJ noted that many participants in the proceedings before the Court had contended that the state of Israel is under an obligation to search for and bring before its own courts persons alleged to have committed, or to have ordered to be committed, grave breaches of international humanitarian law. The crimes of genocide, apartheid, and persecution can and do have overlapping elements and definitions under the various national and international laws. A number of “officials on mission for the United Nations” to the occupied territories have suggested that charges be referred to the Prosecutor of the International Criminal Court, or that advisory opinions be obtained from the International Court of Justice to determine the extent of the State of Israel’s responsibility for those crimes. Those recommendations are still awaiting action. Any unlawful acts committed by government officials give rise to individual criminal responsibility, but that doesn’t automatically mean that the State, or the people of Israel are legally responsible.

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  9. [...] in the West. These policies, very much like the construction of settlements and the IDF’s systematic disruption of Palestinian society, manufacture more insecurity than they [...]



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