יום שישי, 24 ביוני 2011

Elder of Ziyon Daily Digest

Elder of Ziyon Daily Digest

Maritime law expert: "Israel cannot and must not allow ships to Gaza"

Posted: 23 Jun 2011 04:52 PM PDT

An English translation of an article in Zeit Online:
Wolff Heintschel von Heinegg is an international and maritime law expert who teaches at Europa-Universität Viadrina in Frankfurt. He has also served as an adviser to the Turkel Commission that Israel established in the summer of 2010. The commission has been tasked with determining how and why violence erupted on 31 May 2010 between passengers on the Gaza humanitarian convoy and Israeli soldiers.



ZEIT ONLINE: The deployment of Israeli forces in May of last year against a humanitarian convoy headed for Gaza unleashed cries of protest worldwide. Now a second and far larger international convoy is on its way to Gaza – a convoy that aims to break Israeli's sea blockade of Gaza. Is this blockade even allowable from a legal standpoint?

Wolff Heintschel von Heinegg: Well that depends on how you characterize the conflict between Israel and the Palestinians. When jurists come together, they often disagree on this matter. But there's definitely a consensus on one thing – namely that what you have here is an armed conflict. Which means that the laws governing such conflicts apply; and under these laws, sea blockades are allowed.

ZEIT ONLINE: But doesn't the conflict also have to involve two or more states?

Heintschel von Heinegg: Right. And the problem is that Palestine is not a state – at least not yet – which is why many feel that the conflict is not an international armed conflict. And if you take that view, then blockade laws don't apply. But if you take an objective look at the relevant legal analyses, it's readily apparent that the basic admissibility of the Israeli blockade has never been called into question.

ZEIT ONLINE: You yourself have characterized Israel's action against the convoy in 2010 as being perfectly legitimate. Why is that?

Heintschel von Heinegg: If a blockade is allowable in this conflict, then it's also allowable to take measures to set up such a blockade. There's only one principle that characterizes a blockade: the principle of effectiveness. In other words, the blockade has to prevent ships from entering or leaving the blockade zone. If the blockade fails to do this even once, it is ineffective and thus immediately becomes legally ineffective as well.

ZEIT ONLINE: So this means that when it comes to this blockade, Israel is in a catch-22 situation, right?

Heintschel von Heinegg: Right. The Israelis simply can't afford to let any ship through, if they want to prevent another ship from passing through the blockade zone a few hours later.

ZEIT ONLINE: The operators of the 2010 humanitarian convoy said right from the outset that the ships were headed for Gaza. Didn't saying this make them subject to criminal prosecution?

Heintschel von Heinegg: The mere fact that they set sail for Gaza does not constitute a criminal act. But: if you come out and say, in a public forum, that you're heading to Gaza for the express purpose of breaking the blockade, this is clear evidence of a blockade breaking attempt. And when that happens, the state that has imposed the blockade doesn't need to wait until the ship in question reaches the 20 nautical mile boundary; instead, it's got the right to intervene beforehand. Because the state that's imposing the blockade is not only entitled but also duty bound to maintain its blockade.

ZEIT ONLINE: What do you think the people onboard the current humanitarian convoy are going to be facing?

Heintschel von Heinegg: Any ship that actually breaks the blockade simply has to reckon with the fact that that military force is going to be used against them. Plus the state that's imposing the blockade is under no obligation to wait until someone actually crosses the blockade line. All that has to happen is for there to be clearly discernible intent – in which case measures can be taken long before the blockade line is crossed.

ZEIT ONLINE: What form could or should such measures take?

Heintschel von Heinegg: Normally such measures unfold without any major problems. The state imposing the blockade stops the vessel, orders it to proceed to a specific port, inspects the ship's cargo, and then turns the matter over to the courts. But if there's resistance to the measures taken by the state that's imposing the blockade, then this state needs to quell this opposition. Which means that any attempt to evade the blockade or the forces enforcing it needs to be met with reasonable force.

ZEIT ONLINE: In your view, was Israel's reaction to the humanitarian convoy in 2010 a smart move given the humaniarian situation inGaza?

Heintschel von Heinegg: Well this is how it always is when it comes to such legal issues. In such situations, the actors don't always act logically, or judiciously; nor are such actions necessarily the politically smart thing to do. A state that imposes a blockade is obligated to supply the civilian population in the blockaded zone with the goods they need in order to survive. But the Israelis have always done this. At the time of the humanitarian convoy in 2010, it was the same in that they said: Feel free to sail into the harbor; we guarantee that we'll hand over your humanitarian cargo. But it was clear from the get-go that certain parties didn't want that at all, because then they wouldn't have achieved the same impact on public opinion.

ZEIT ONLINE: What would you advise the Israeli Prime Minister to do if the next humanitarian convoy approaches the boundary of the blockade zone?

Heintschel von Heinegg: If the Prime Minister wants to maintain the blockade, then he's simply got to enforce it. If he doesn't enforce it, it'll be a dead letter; and then he'd have to resort to other measures; and then the legal situation wouldn't be so simple. Because then he'd have to invoke the right of self -efense, which is often invoked in cases where it's simply not appropriate to do so. Our [Germany's] anti-terrorism operations are a prime example of this.

ZEIT ONLINE: Do you think the Israelis are going to react to this second convoy the same way they reacted to the first one?

Heintschel von Heinegg: I think Israel is better prepared this time around. Last time they tried to approach the convoy ships in rubber dinghies and then climb onboard from these dinghies, in order to take control of the ships. And then they used helicopters. I suspect that the Israeli forces were simply unprepared for the resistance they met from some of the passengers on board those ships and were taken completely by surprise.

ZEIT ONLINE: Is the legal situation now more touchy due to the fact that there's already been a conflict with a convoy?

Heintschel von Heinegg: I think the reverse is the case. I hope that the relevant legal principles won't be misused again, since the law of armed conflict applies here – not a cockeyed human rights perspective. Also, Israel didn't act at all capriciously the first time around. It would have been quite difficult for the Israelis to sink those ships without concerning themselves with the fate of the passengers and cargo onboard. Israel only took measures that were prescribed by law – namely preventing the ships from reaching Gaza. This was the most moderate measure available to them.

ZEIT ONLINE: People are suffering in Gaza, even though they have access to the goods they need in order to survive. Isn't it legitimate for people to want to help the citizens of Gaza?

Heintschel von Heinegg: The motivation of the blockade breakers – regardless of whether they're acting for virtuous or reprehensible reasons – is completely irrelevant from a legal standpoint. I, of course, have great respect for human rights activists who give of their time to pursue their goals, but you can't get around the fact that there are certain legal boundaries. Also, I presume that these humanitarian actions are also publicity stunts aimed at mobilizing public opinion. No one would argue the fact that the citizens of Gaza have it really tough, compared to our own standards. But I don't really see any pressing humanitarian need here.

ZEIT ONLINE: In your view, is there an alternative to these humanitarian convoys?

Heintschel von Heinegg: Sure there is. There are a few humanitarian organizations out there that have impeccable credentials that no one in their right mind would call into question – the most important one being the International Committee of the German Red Cross. If you really want to help the citizens of Gaza, you go to the Red Cross – an organization that the Israelis accept without hesitation.

ZEIT ONLINE: The border crossing between Gaza and Egypt was recently reopened. Do you think this will have a counterproductive effect on the naval blockade?

Heintschel von Heinegg: Israel has traditionally been able to rely on Egypt, and the border between Gaza and Egypt hasn't been particularly permeable in the past. But this has changed. The strategic importance of the blockade in terms of protecting Israeli securityhas definitely declined. But nonetheless, the reliability of Israel's maritime measures will not be affected in any way by the change in the status of the Gaza-Egypt border.


(h/t Kenneth)

My quarterly request for donations

Posted: 23 Jun 2011 11:34 AM PDT

It is now officially summer, and so therefore it is time for me to ask my good readers to donate to EoZ.

I spend a great deal of time on the blog - research, writing, creating graphics, making videos, corresponding with readers via email as well as Twitter and Facebook, maintaining the site, and reading comments when I can. All of this is in my free time after my job, a couple of side projects, and a family.

Over the past six months or so, I've been actively working to take the blog to the next level. I created two successful poster series that went viral. I gave two lectures on Hasbara, and made them available online. I started a partnership with StandWithUs to help create original material for them, all of which are available on the blog.

(I was also a regular writer for NewsRealBlog, where I got paid for articles, but that site closed, ending a source of revenue.)

My short-term goal is to increase my readership and help spread the truth about the Middle East to a larger audience. Since the beginning of the year that audience has gone up about 50%, and now I regularly get 5000-6000 hits a day. My Alexa ranking went up from #219,000 in December to #131,000 today, and my Technorati ranking is regularly in the Top Ten or Top Twenty for all world politics blogs.

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PalArab crybabies whine about - Angelina Jolie!

Posted: 23 Jun 2011 10:34 AM PDT

Last week, Angelina Jolie visited Syrian refugees in Turkey.

Not everyone was happy about this.

In an open letter to Jolie reproduced at a number of Arabic sites, a very angry but anonymous Palestinian Arab writes:

Dear Angelina Jolie, I saw you in Turkey, carrying gifts for Syrian refugees who were only a couple of days within the Turkish borders. Did you ask this International Foundation: How could such a decision be taken for the Palestinian people who were refugees for 60 years? Did you ask about the number of Palestinian refugees who were displaced from their homes to spread all over the world because of the usurping by a racist Zionist military of their right to their land?

"A basic question, my sweet: Do you even know where Palestine is?

How dare Jolie seem to care about anyone besides Palestinian Arabs, the Exclusive Licensed Refugees of the Middle East®?

How dare those upstart Syrians dare flee for their lives to another country, taking vital attention away from Palestinian Arabs! The  media that could have been talking about a new flotilla was instead momentarily distracted by an actress helping non-Palestinian Arabs!

The nerve!

Was this satirical video produced by Palestinian Arabs - or Israelis?

Posted: 23 Jun 2011 09:31 AM PDT

On YouTube there is a satirical cartoon video representing the leader of the Al Qassam Brigades as a baby, playing with a doll that represents Gilad Shalit and refusing to give him up, even for all the prisoners.

Here is it translated into English:



While it appears that it was created by a disgruntled Arab, the Arabic media is claiming that this video is part of Israel's psychological warfare against Hamas.

No evidence is given.

The YouTube user who uploaded it, "FreedomForPrisoners," just joined the day he uploaded it.

After Shakira visited Israel, Egyptians call to boycott her

Posted: 23 Jun 2011 08:37 AM PDT

From ABC News:

Colombian pop singer Shakira promoted her global education campaign with a stop at a joint Israeli-Arab school in Jerusalem on Tuesday.

Kicking off Israel's third annual Presidential Conference with a plea for children's education worldwide, Shakira, a U.N. Goodwill Ambassador, said the Holy Land was the "perfect place to talk about how urgent it is to invest in education."

"The most crucial decision we can make for a better tomorrow is how we educate our children," she said, speaking alongside her host, Israeli President Shimon Peres.

"How wonderful it would be if the world would act like a team. We have so many challenges ahead of us, so many problems to solve," she said. "This is the time to behave like a team, to wear the same T-shirts and to win the match of discrimination, to win the match of inequality and segregation."

Born Shakira Isabel Mebarak Ripoll in Colombia, she has Lebanese roots. This is her first visit to Israel.

In an interview with The Associated Press, Shakira said she had great respect and love for the people of Israel.

"I'm very proud of my Lebanese heritage ... but it has nothing to do with the fact that I respect and have great affection for this country and the people of this country, both Israelis and Palestinians, and that's why I'm here, because I think that kids need us — kids don't understand about conflicts," she said.

Shakira said her experience in developing countries and charitable foundations persuaded her that investing in future generations was the answer.

"I am convinced that the road to peace has to be traveled hand in hand with education because that is the only way perhaps that we are going to achieve global stability and peace," she told the AP.
Of course, what she said is outrageous, hateful and bigoted, and she must be boycotted!

Which is just what a few new Facebook groups are calling for.

Shakira is scheduled to give a concert in November in Egypt, and some Egyptians are calling for a cancellation of the concert.

Four years ago, the pop star performed in Egypt at the foot of the Pyramids.

Molotov cocktails thrown at Israelis. Why don't we know about it?

Posted: 23 Jun 2011 07:38 AM PDT

Palestine Today quotes "Zionist sources" saying that several Molotov cocktails were hurled at an Israeli car east of Qalqilya.

No one was injured, so it is as if it never happened.

Not even the Israeli media bothers reporting such incidents in English (with the occasional exception of Arutz-7.)

This is a mistake. The impression in world capitals is that the Arabs who live in Judea and Samaria are behaving responsibly and that terrorism is a thing of the past. Incidents like the Fogel family massacre are presented as anomalies, the exceptions that prove the rule.

While the anti-Israeli side widely publicizes every minor incident, real or imagined, there is no similar English-language resource I am aware of that monitors and lists every case of rock throwing, firebombs and shootings against Jews. Neither is every case of fires set on Jewish lands and crops uprooted on Jewish farms systematically reported anywhere. The IDF will publish cumulative statistics and sometimes tweet specific incidents but the majority go unreported, at least in English.

The fact is that a Molotov cocktail is thrown with the intent to kill people. Guns are shot with the intent to kill people. Stones are thrown with the intent to injure or kill people. The violent intention is there and widespread.

Violent incidents, with deadly intent, happen every day. The lack of reporting on these incidents is a major shortcoming in the pro-Israel camp.

UPDATE: Kramerica found the monthly reports, from the Shin Bet:

Data regarding terror attacks in May 2011
Following is a regional distribution of attacks:

3 attacks in the Gaza Strip (66 in April); 44 attacks in the Judea and Samaria (19 in April); and 25 attacks in Jerusalem (16 in April).

Jerusalem and the Judea and Samaria area: Most attacks executed in May (64 out of 69) were in the form of firebombs (April: 32 out of 35).

Distribution of attacks according to regions and pattern profile:
Following is a distribution of attacks in May according to regions:

The Gaza Strip – 3 attacks: 1 rocket launching and 2 small arms shooting.

Judea, Samaria and Jerusalem – 69 attacks: 1 small arms shooting; 1 explosive device; 3 object / stone throwing and 64 firebombs (25 in Jerusalem).

Islamic Jihad leader re-affirms commitment to utterly destroy Israel

Posted: 23 Jun 2011 06:52 AM PDT

Islamic Jihad leader Ahmed Mudallal has reiterated that Palestinian Arabs will not rest from their jihad until every grain of sand of Palestine is under their control.

He said that "Zionist terrorism will not deter the Palestinian people from trying to establish their state of the river to the sea through the resistance and jihad."

He added that the Palestinian Arabs cannot rely on the UN to give them what they demand, but it must come from jihad and resistance.

There isn't much room for interpretation in his words.

None of this is new, but good luck finding the Western media bothering to quote a leader of the second-largest terror group in Gaza.

Ashton: Israel cannot back out of Oslo (but the PLO can do what it wants)

Posted: 23 Jun 2011 05:53 AM PDT

From Ma'an:

EU foreign affairs chief Catherine Ashton said Israel's foreign minister could not undo the Oslo Accords in response to a Palestinian statehood bid at the UN, in an interview with Israeli daily Haaretz published Thursday.

"I'm not sure that it's up to him to declare that Oslo is void really," Ashton said, adding, "I don't accept that Oslo is void, [if] so, it would be a different world."

The EU leader met with Israeli Foreign Minister Avigdor Lieberman on Friday as part of tour of the Middle East and meetings with Israeli and Palestinian officials in an effort to give peace talks a push.

Ashton confirmed reports that Lieberman said in their meeting Israel could back out of past agreements, including the Oslo Accords that established the Palestinian Authority, if Palestinians seek UN recognition in September.

Lieberman said "something to the effect," Ashton told Haaretz.
I'm not sure about the specific 1993 Oslo agreement, but a unilateral declaration of a Palestinian Arab state is definitely an abrogation of the 1995 Interim Agreement that was part of the Oslo process under Article XXXI:

7. Neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip pending the outcome of the permanent status negotiations.

It is also an abrogation of the 1998 Wye River Memorandum:
V. Unilateral Actions

Recognizing the necessity to create a positive environment for the negotiations, neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip in accordance with the Interim Agreement.
Not to mention the identical wording in the 1999 Sharm el-Sheikh Memorandum:

10. Recognizing the necessity to create a positive environment for the negotiations, neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip in accordance with the Interim Agreement.

Apparently, the EU interpretation of the previous agreements between Israel and the PLO is that the PLO can violate the agreements with impunity but Israel must still adhere to them.

This is not exactly the textbook definition of an "agreement."

Murdered 13th c. Jewish family found in a well in England

Posted: 23 Jun 2011 03:22 AM PDT

From BBC:

The remains of 17 bodies found at the bottom of a medieval well in England could have been victims of persecution, new evidence has suggested.

The most likely explanation is that those down the well were Jewish and were probably murdered or forced to commit suicide, according to scientists who used a combination of DNA analysis, carbon dating and bone chemical studies in their investigation.

The skeletons date back to the 12th or 13th Centuries at a time when Jewish people were facing persecution throughout Europe.

They were discovered in 2004 during an excavation of a site in the centre of Norwich, ahead of construction of the Chapelfield Shopping Centre. The remains were put into storage and have only recently been the subject of investigation.

Seven skeletons were successfully tested and five of them had a DNA sequence suggesting they were likely to be members of a single Jewish family.

DNA expert Dr Ian Barnes, who carried out the tests, said: "This is a really unusual situation for us. This is a unique set of data that we have been able to get for these individuals.

"I am not aware that this has been done before - that we have been able to pin them down to this level of specificity of the ethnic group that they seem to come from."

Eleven of the 17 skeletons were those of children aged between two and 15. The remaining six were adult men and women.

Pictures taken at the time of excavation suggested the bodies were thrown down the well together, head first.

A close examination of the adult bones showed fractures caused by the impact of hitting the bottom of the well. But the same damage was not seen on the children's bones, suggesting they were thrown in after the adults who cushioned the fall of their bodies.
(h/t T34)
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