Category: International law

Palestinian Open Letter to UNSG Ban Ki-moon on Gaza

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By Richard Falk

Richard Falk

Prefatory Note
Below is the text of an Open Letter to the UN Secretary General Ban Ki-moon alleging his inappropriate responses to the carnage and massacres taking place in Gaza, and by his behavior undermining respect for and the authority of the United Nations and international law.

Given such a performance, the challenge posed to the highest ranking UN official is to revise his past comments on the Israeli attack or to resign his office. The peoples of the world, and not just the Palestinians, have a paramount interest in holding morally, legally, and politically accountable the UN and those who lead and represent the organization in response to such breaches of the peace and acts of aggression in accordance with law and justice, and never more so than when such unlawful behavior is directly responsible for a grave humanitarian catastrophe of the kind that has befallen the civilian population of Gaza since July 8.

Instead of supporting Israel spurious claim of acting in self-defense, Mr. Ban Ki-moon should have been using his office to insist on an immediate ceasefire accompanied by the unconditional lifting of the blockade imposed on Gaza since mid-2007 that has constituted the essence of the collective punishment of the 1.8 million people encaged in the Gaza Strip without even a sanctuary for children, women, the disabled, the elderly, non-militants to escape from the combat zone by crossing the border or finding safety within Gaza itself.

The shelling of UN facilities being used to shelter those desperately seeking safety exemplifies Israeli criminal conduct during this savage military operation.

Please read the text below, prepared by Badil (an NGO devoted to Palestinian refugee rights that enjoys a world reputation for the quality of its work and the dedication of its staff) and endorsed by a large number of Palestinian civil society actors; please disseminate this text as widely as possible, and call independently for a response by the Secretary General, as well as further action if a response is not forthcoming.

Open letter to Mr. Secretary-General, Ban Ki-moon: stand for law and justice or resign!

5 August 2014

For humanity and the little remained credibility of international law:

UN Secretary-General, Ban Ki-moon, stand for law and justice or resign!

Secretary-General Ban Ki-moon,

We, the under signed Palestinian human rights and community-based organizations are extremely disappointed by your performance, notably by your biased statements, your failure to act, and the inappropriate justification of Israel’s violations of IHL, which amount to war crimes.

Until today, you have taken no explicit and tangible measures to address the recent Israeli attacks in the occupied Palestinian territory (oPt) since 13 June. Moreover, your statements have been either misleading, because they endorse and further Israeli false versions of facts, or contrary to the provisions established by international law and to the interests of its defenders, or because your words justify Israel’s violations and crimes.

You have undeniably assumed a biased position toward the current attack on Gaza and Israeli violations in the West Bank by failing to clearly condemn Israeli unlawful actions in the OPT, while, on the other hand, not hesitating to accuse – sometimes mistakenly – Palestinian combatant in Gaza of violations of international law.

This bias can be noted in the following excerpts:Read More »

TFF PressInfo: Cold War warnings 1998 – 2014

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By Jan Oberg

Jan Oberg

Lund, Sweden August 11, 2014

Quality research leads to better predictions

One criteria of quality research is that it predicts the future better than incompetent research.

Because TFF is independent of governments and coroporations it doesn’t have to take political considerations or exclude certain theories, concepts or values. This free research enabled it over the years to make fairly precise predictions about for instance former Yugoslavia, the Iraq war and East-West relations.

In 1998 – 16 years ago – we warned that NATO’s expansion would lead to future problems with Russia. Read it here.

NATO should never have been expanded

We backed this prediction up with 46 arguments and argued that so many other things would be wiser than containing Russia from the Baltic republics to Georgia – a strategy pursued by Bill Clinton in contravention of all promises given to the Soviet Union/Russia at the end of the Cold War about ten years earlier.

That counterproductive and insensitive expansion has now hit Ukraine. A new Cold War is gathering over Europe. It should have been predicted by advisers, intelligence agencies, big research institutes and columnists.

But it wasn’t.

At the end of the Cold War, NATO/the West got everything it could ever wish – and without war. But it wanted more: keeping Russia down, making NATO bigger and “peace-making” as well as finding new enemies to keeping its Military-Industrial-Media-Academic Complex (MIMAC) alive and well: Saddam, Milosevic, the Muslim world, terrorism and – now re-cycling – Russia.Read More »

TFF PressInfo: Nuclear abolition now !

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By TFF’s Board

Lund, Sweden August 6, 2014 – Hiroshima Day

The Nuclear Age – risk of omnicide and our new responsibilities

Nuclear weapons came into the world and were used for the first time in 1945. Their specific feature as weapons of mass destruction and “omnicide” – able to kill us all – has changed what it means to be alive on this earth and to be responsible for its existence.

Until nuclear weapons, human beings could not decide whether or not to end project humankind and project planet earth.

Today we know that the arsenals and missile projection methods are such that a few decision-makers, or a technical malfunction, could blow up enough of the world to make the living – if any – envy the dead.

We live in the Nuclear Age. It means living with the permanent daily threat of extinction.Read More »

TFF PressInfo: Wow, Hillary Clinton as moral philosopher

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By Jan Oberg, TFF director

Jan Oberg

Lund, Sweden July 31, 2014

Responsibility for wars and killing

A number of Western/NATO politicians – Hillary Clinton foremost among them – and media people have recently introduced a new ethical principle in international affairs:

When A delivers weapons to B, A is responsible for what B does with these weapons. The former Secretary of State and perhaps future U.S. President presents this new ethical principle here on CNN.

This makes a lot of sense to me. Look at it this way:

Here is a young confused boy who has little to look forward to – and less to lose – because his country is falling apart in nasty civil war. He’s been told by some commander, or by his President, that he must hate the enemy; he gets paid for killing off as many as he can. And so he does.

He believes also in what he’s been promised: Fame as a hero upon return – that is, if he returns – and a comfortable life.

So he kills people, Read More »

Cruelties of ceasefire diplomacy

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By Richard Falk

Richard Falk

Prefatory Note

The post below is a revised text of an article published in AlJazeera America on July 26, 2014. Devastation and violence has continued in Gaza, with Palestinians deaths now numbering over 1000 (overwhelmingly civilians) and Israeli deaths latest reported at being 43 (almost all military personnel).

Such casualty figures and disparities raise questions of state terrorism in a stark manner. Also, it should be appreciated that if Israel were to do what it is required by international law to do there would be no rockets directed at its population centers – lift the blockade, negotiate peace on the basis of the 2002 Arab proposals and Security Council 242. Yet this would require Israel to give up once and for all its expansionist vision embedded in the settlement phenomenon and the version of Zionism embraced by its leaders and reigning political parties.

The best that the UN has been able to do is to call for an “immediate and unconditional ceasefire” to allow the delivery of humanitarian aid at an emergency meeting of the UN Security Council; such an unseemly balancing act is not what the UN Charter had in mind by aligning the international community in opposition to states that break the peace and act aggressively in disregard of international law; a victimized people deserves protection, not some sort of display of deforming geopolitical symmetry.

So far, the diplomatic effort to end the violence in Gaza has failed miserably, Read More »

Joint Declaration by International Law Experts on Israel’s Gaza Offensive

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By Richard Falk
July 28, 2014

Richard Falk

Prefatory Note
Posted here is a Joint Declaration of 142 (as of now) international law experts from around the world who are listed below as endorsers. I am among the endorsers, and the text was initially drafted by Chantal Meloni who has served as rapporteur.
We welcome additional signatures that can be sent to me at falk@global.ucsb.edu with affiliation noted for identification, and names will be periodically added to the text.
I view this as an important expression of professional judgment and individual conscience relating to Israeli behavior in Gaza commencing on 8 July that has already taken so many innocent lives and caused such widespread devastation. Please join us and spread the word!

The International Community Must End Israel’s Collective Punishment of the Civilian Population in the Gaza Strip

As international and criminal law scholars, human rights defenders, legal experts and individuals who firmly believe in the rule of law and in the necessity for its respect in times of peace and more so in times of war, we feel the intellectual and moral duty to denounce the grave violations, mystification and disrespect of the most basic principles of the laws of armed conflict and of the fundamental human rights of the entire Palestinian population committed during the ongoing Israeli offensive on the Gaza Strip. We also condemn the launch of rockets from the Gaza Strip, as every indiscriminate attack against civilians, regardless of the identity of the perpetrators, is not only illegal under international law but also morally intolerable. However, as also implicitly noted by the UN Human Rights Council in its Resolution of the 23th July 2014, the two parties to the conflict cannot be considered equal, and their actions – once again – appear to be of incomparable magnitude.

Once again it is the unarmed civilian population, the ‘protected persons’ under International humanitarian law (IHL), who is Read More »

Time for BDS to oppose Israeli war crimes

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By Jake Lynch

Jake Lynch - Photo Jane Dempster. Source: The Australian

“This is not war – it’s a massacre”. The slogan has appeared on placards at demonstrations around the world, calling for an Israeli ceasefire in Gaza. The ‘Dahiya doctrine’, named after the suburb of south Beirut where it was first applied, is in operation: an attempt to turn the population against an armed group – Hamas, in this case – by destroying civilian infrastructure. That is why the civilian death toll – including children – has mounted so rapidly.

Pitted against Israel’s hi-tech killing machine are rockets with all the efficacy of a peashooter. These are indiscriminate by nature, and firing them therefore also constitutes a war crime. It can be of little comfort…

Continue reading at Transcend News Service here.

Here is a background to the case from 2012

No exit from Gaza: A new war crime?

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By Richard Falk

Richard Falk

Prefatory Note July 17, 2014 written before the ground invasion

This is a modified version of a post published online, July 15, 2014, at the recently established very informative website, Middle East Eye; as the casualty totals continue to mount while the world looks on in stupefied inaction, the attacks go on.

At the very least, from a humanitarian perspective, there should be a global outcry demanding that children, mothers, and those sick and disabled be allowed to leave the Gaza Strip until current hostilities end. Yet this is a gap in international humanitarian law, refugee law, and the moral sensibilities of the combatant states.

• As the hideous Israeli assault on Gaza, named Operation Protective Edge, by the IDF enters its second week, overdue international appeals for a ceasefire fall on deaf ears. The short lived July 15th ceasefire arranged by Sisi’s Egypt had many accompanying signs of bad faith from its inception, including the failure to allow Hamas to participate in the process, insultingly conveying the proposed terms of the ceasefire through public media.

The vague terms depicted, alongside the failure to take any account of Hamas’ previously announced conditions, suggest that this initiative was not a serious effort to end the violence, but rather a clever ploy to regain moral credibility for Israel thereby facilitating the continuation and even intensification of its violent military campaign that was never defensive in conception or execution.

Rather than being a real effort to end the violence, such a ‘ceasefire’ seems best understood as a sophisticated for form of escalation produced by a descent into the lower depths of Israeli hasbara. Such an Israeli tactic was facilitated by the active complicity of the Egyptian government that shares with Israel an undisguised wish to destroy Hamas.

Cairo regards Hamas as an offshoot of the Egyptian Muslim Brotherhood, an organization that has been criminalized and viciously repressed, and has collaborated with Tel Aviv ever since Sisi took over control of the Egyptian government.

Throughout Protective Edge Bibi Netanyahu has been telling the world Read More »

Some people are exceptional

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By Jan Oberg

Jan Oberg

July 20, 2014 – 12 days after Israel launched Operation Protective Edge, after Shejaiya and after 400 people on the Palestinian side have been killed.

Some people condemned what they called a planned Serb genocide on Albanians in Kosovo.

Some people were very upset about the siege of Sarajevo. And the massacre at Srebrenica.

Some people believed that the Yugoslav Army occupied Croatia and tried to create a Greater Serbia.

Some people condemned what was then called ethnic cleansing.Read More »

Three elections, three reactions: Ukraine, Egypt and Syria

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By Farhang Jahanpour

On Friday 27 June, Ukraine’s new president Petro Poroshenko signed a trade and economic pact with the European Union. It was the same deal that his predecessor, Viktor Yanukovych, was prepared to sign in November 2013 provided that he could also maintain economic links with Russia, but he eventually backed out from signing it due to US and EU insistence that he had to choose between the two.

That event led to violent street demonstrations that forced Yanukovych to flee, pushing his troubled country towards upheaval and a virtual civil war.

On Thursday 26 June, President Obama requested $500 million from Congress to train and arm what the White House called “appropriately vetted” members of the Syrian opposition to fight against President Bashar Assad.

This is despite the fact that the insurgents fighting in Syria have morphed into Al-Qaeda-affiliated Jabhat al-Nusra and even into ISIS, the Islamic State in Syria and Sham or greater Syria that has overrun parts of both Syria and Iraq and has been even disowned by Al-Qaeda for being too violent!

A week earlier, during a tour of the Middle East, US Secretary of State John Kerry met with the new Egyptian President, the former Army Chief, General Abdel Fattah el-Sisi, pledging American help and support for his government. Officials accompanying Kerry on the trip told reporters that Washington had quietly restored all but about 78 million dollars of the 650 million dollars of US aid to Egypt earlier this month.

Kerry told reporters in Cairo after meeting Sisi that he was “absolutely confident” that all of the aid would soon be restored. (1) Washington has provided Cairo with an average of about 1.3 million dollars in military aid annually over the past three decades as part of the Camp David Accord signed by the late President Muhammad Anwar Sadat and the late Israeli Prime Minister Menachem Begin at Camp David under President Jimmy Carter.

As it happens, there have been elections in all the three countries in June, and it is useful to study the circumstances surrounding those elections and the West’s reactions to those elections.Read More »