The right to self-defense relies on the fact that an attack from an external source has occurred. In the case of Palestine, which is fully occupied and controlled by Israel, the attack did not come from an external source but from within the territory, entirely under the control of Israel. Israel is the occupier and the Palestinians are the occupied. In short, Palestine is the victim of this occupation. Accordingly, Palestinians have a legal right to retaliate against the 'Occupier', and not the other way around.
"International Court of Justice finds Israeli barrier in Palestinian territory is illegal"
"The International Court of Justice (ICJ) issued an advisory opinion today that Israel's building of a barrier in the occupied Palestinian territory is illegal and said construction must stop immediately and Israel should make reparations for any damage caused.
Responding to a request from the United Nations General Assembly, the World Court's opinion said the Assembly and the Security Council should consider what steps to take "to bring to an end the illegal situation resulting from the construction of the wall and the associated régime, taking due account of the present Advisory Opinion.”
By a majority of 14 to 1, the judges found that the barrier's construction breaches international law, saying it violated principles outlined in the UN Charter and long-standing global conventions that prohibit the threat or use of force and the acquisition of territory that way, as well as principles upholding the right of peoples to self-determination.
Observing that 80 per cent of Israeli settlers in the occupied Palestinian territory now live between the barrier and the so-called Green Line marking the 1949 boundary of Israel, the Court said the structure's route could "prejudge the future frontier between Israel and Palestine."" Emphasis added.
"The ICJ – the UN’s principal judicial organ – said construction "would be tantamount to de facto annexation" as it explained that the barrier could create a potentially permanent "fait accompli" on the ground."
"The judges noted that, combined with the Israeli settlements, which have been deplored by the Security Council, the barrier's construction alters the demographic composition of the occupied Palestinian territory and impedes the Palestinians' right to self-determination."
"Concluding that Israel could not rely on a right of self-defence or on a state of necessity to justify the barrier, the Court said it was not convinced the specific route chosen was necessary for security reasons. " Emphasis added.
"The judges also said Israel is obliged to stop construction immediately and dismantle the sections of the barrier that have already been built. They added that Israel must nullify any laws relating to its construction and make reparations for any damage caused by its erection.
Voting 13-2, the judges found that all States should not "recognize
the illegal situation resulting from the construction of the wall" and
not give any aid or assistance in maintaining the situation." Emphasis added.
https://news.un.org/en/story/2004/07/108912
"What are some other laws that Israel has potentially violated?"
"Israel has also been accused of using white phosphorus, which could trigger fires as well as lead to severe, potentially fatal burns. Firing white phosphorus is akin to an indiscriminate attack, according to Amnesty International, which affects civilians and military targets alike and hence is prohibited under international law."
"IHL makes it clear that parties to a conflict “may not order the displacement of the civilian population, in whole or part” except if military reasons demand or if their security is involved."
"On October 13, Israel ordered more than 1 million Palestinians in northern Gaza to evacuate and move to the besieged enclave’s south despite the UN warning that Gaza faced a “real catastrophe” due to such an order. Israel has justified this order by saying it was aimed at limiting civilian casualties during its military operation in northern Gaza."
"IHL also lays out that all parties in a conflict must ensure that humanitarian relief operations are allowed and facilitated “unimpeded”. However, Israel had refused to allow essential aid into Gaza despite widespread warnings of a humanitarian crisis."
"Israel’s decision to impose a “complete siege” of Gaza’s power, food and water supplies has also been widely criticised for triggering a humanitarian crisis as thousands of Palestinians face “death by starvation”, according to the ActionAid charity. Humanitarian law prohibits the use of starvation of the civilian population “as a method of warfare”." Emphasis added.
Note: Palestinians were told to move to the south for their security, only to be attacked again, as they were in the North.
“The complete siege now lasting over one month has made it an agony for residents in Gaza to find basic necessities and frankly to survive,” Turk said last week, adding that “all forms of collective punishment must come to an end”.
"Are Israel and Hamas likely to be held to account for any legal violations?"
"While lawyers and experts have pointed to likely violations by Israel and Hamas of international law and international humanitarian law in particular, that might not ensure legal action against them."
"Experts point to the lack of action against Israel for its 2008 assault on Gaza, named Operation Cast Lead, during which Israel was accused of war crimes. The 22-day Israeli offensive killed 1,400 Palestinians. At least 13 Israelis were killed in retaliatory rocket attacks by Palestinian armed groups."
“Historical precedents, such as the inquiries following Operation Cast Lead and others, show that while investigations into Israeli actions in Gaza have occurred, they often have not led to significant preventative measures or accountability,” Overton said."
"In the current conflict, the UN Commission of Inquiry on the Occupied Palestinian Territory had announced on October 10 that there was “clear evidence of war crimes” from both sides and added that it had been “collecting and preserving evidence of war crimes” because it is “intent on ensuring legal accountability, including individual criminal and command responsibility”."
“The killing of so many civilians cannot be dismissed as collateral damage. Not in a kibbutz. Not in a refugee camp. And not in a hospital,” the UN human rights chief said."
"At least three Palestinian rights groups have filed a lawsuit with the International Criminal Court (ICC) against Israel during the ongoing war. And this week, French lawyer Gilles Devers submitted a complaint to the prosecutor at the ICC on behalf of Gaza victims."
"A US-based civil rights group, the Center for Constitutional Rights, has also sued Biden and senior members of his cabinet for “complicity” in the “unfolding genocide”."
These are the updates on the Israel-Hamas war for Wednesday, November 1.
Will Israel face a war crimes investigation?
Israeli forces have ramped up their air and ground assault on Gaza. Video Duration 28 minutes 50 seconds
https://www.aljazeera.com/news/2023/11/17/does-israel-have-the-right-to-self-defence-in-gaza
South Africa Submits All The Relevant Documentation ICC to Lay a Complaint Against Israel
ReplyDeletehttps://iafrica.com/sa-submits-all-the-relevant-documentation-icc-to-lay-a-complaint-against-israel/
Thank you John.
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