Elder of Ziyon Daily News |
- Israelis saving the world, again
- English translation of the legal arguments in the Levy Report
- Moroccan liberals really making a splash
- Latest things that offend Islam: Playstation and Ikea
- Today's linkdump
- Europe's new anti-semitism (Rabbi Jonathan Sacks)
- Nice shooting
- UNESCO decides to fund anti-semitic, terror supporting Gaza university
Israelis saving the world, again Posted: 12 Jul 2012 06:00 PM PDT From Israel21C: Sepsis, a blood infection, causes more than 200,000 deaths in US hospitals every year. A non-invasive monitoring device from Israel is changing that.Cheetah is based in Tel Aviv, but I wonder, if some of these companies making life-saving medical equipment o rmedicines happened to be headquartered on the other side of the Green line, whether they would be boycotted.... |
English translation of the legal arguments in the Levy Report Posted: 12 Jul 2012 01:30 PM PDT Since the Levy Report was released, there has been a lot of heat but little light about its legal reasonings, which were in Hebrew. The only part that was released in English were its conclusions and recommendations. Here, for the first time, is an English translation of its legal arguments. Those who try to downplay the report must find reasons why these arguments are invalid, rather than the proof by assertion that they usually resort to. [...] Having considered the approaches presented before us [from the Left and from the Right], we think a reasonable interpretation of the standard term of "occupation", with all the obligations arising from it, in the provisions of international law is intended to apply for short periods of occupation of a territory of a sovereign state until the end of the conflict between the parties and the return of the land or any other negotiated agreement regarding it. But the Israeli presence in Judea and Samaria is significantly different: the possession of the territory continues for many decades, and no one can predict its end, if at all; the territory was conquered from a state (the Kingdom of Jordan) whose sovereignty over the territory has never been firmly legalized, and in the meantime it even renounced its claim of sovereignty; the State of Israel claims sovereign rights to the territory. As for Article 49 of the Geneva Convention, many have interpreted it, but it seems the dominant view is that the article indeed was meant to resolve the harsh reality imposed by some states during the Second World War, when they expelled and forcibly transferred some of their inhabitants to the territories they had occupied, a process which was accompanied by a substantial worsening of the condition of the occupied population (see this HCJ ruling and this article by Alan Baker). This interpretation is supported by a number of sources: the authoritative interpretation of the International Committee of the Red Cross (ICRC), responsible for implementing the Fourth Geneva Convention, which states regarding the purpose of article 49 of the Convention: It is intended to prevent a practice adopted during the Second World War by certain Powers, which transferred portions of their own population to occupied territory for political and racial reasons or in order, as they claimed, to colonize those territories. Such transfers worsened the economic situation of the native population and endangered their separate existence as a race. Lawyers Prof. Eugene Rostow, Dean of Yale Law School in the US, and Prof. Julius Stone confirmed that Article 49 is intended to prohibit the same inhuman acts committed by the Nazis, i.e. a massive transfer of people into the occupied territories for the purpose of destruction, slavery or colonization: [T]he Convention prohibits many of the inhumane practices of the Nazis and the Soviet Union during and before the Second World War - the mass transfer of people into and out of occupied territories for purposes of extermination, slave labor or colonization, for example....The Jewish settlers in the West Bank are most emphatically volunteers. They have not been "deported" or "transferred" to the area by the Government of Israel, and their movement involves none of the atrocious purposes or harmful effects on the existing population it is the goal of the Geneva Convention to prevent. (Rostow) Irony would...be pushed to the absurdity of claiming that Article 49(6), designed to prevent repetition of Nazi-type genocidal policies of rendering Nazi metropolitan territories judenrein, has now come to mean that...the West Bank...must be made judenrein and must be so maintained, if necessary by the use of force by the government of Israel against its own inhabitants. Common sense as well as correct historical and functional context excludes so tyrannical a reading of Article 49(6.) (Julius Stone) We do not believe that one can draw an analogy between this legal provision and those who sought to settle in Judea and Samaria not as a result of them being "deported" or "transferred" but because of their world view - to settle the Land of Israel. We did not ignore the view of those who think that one should interpret the Fourth Geneva Convention as also prohibiting the occupying state to encourage or support the transfer of parts of its population to the occupied territory, even if it did not instigated it (on this issue see note 13here). But even if this interpretation is correct, we would not change our conclusion that no analogy should be drawn between Article 49 of the Fourth Geneva Convention and Jewish settlement in Judea and Samaria, in light of the status of the area under international law, and for that matter a brief history is required. On 2 November 1917 lord James Balfour, the British foreign minister, issued a declaration that "His Majesty's Government view with favour the establishment in Palestine", the document which was addressed to lord Rothschild read: His Majesty's Government view with favour the establishment in Palestine of a national home for the Jewish people, and will use their best endeavours to facilitate the achievement of this object, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country. In this declaration Britain recognized the Jewish people's right to the Land of Israel, and even expressed its willingness to advance a process that will eventually lead to the establishment of a national home for them in this part of the world. This declaration appeared, in a different version, in the declaration of the San Remo peace conference in Italy which laid the grounds for the Mandate for Palestine which acknowledged the Jewish people's historic connection to Palestine (see Preamble): The Mandatory will be responsible for putting into effect the declaration originally made on November 2, 1917, by the British Government, and adopted by the other Allied Powers, in favour of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country... It should be emphasized here that in the Mandate (as well as in the Balfour Declaration) only the "civil and religious" rights of the inhabitants of Palestine are mentioned as rendering protection, and there is no mention of the national rights of the Arab people. And concerning the actual implementation of this declaration article 2 of the Mandate says: The Mandatory shall be responsible for placing the country under such political, administrative and economic conditions as will secure the establishment of the Jewish national home, as laid down in the preamble, and the development of self -governing institutions, and also for safeguarding the civil and religious rights of all the inhabitants of Palestine, irrespective of race and religion. And in article 6 of the Mandate it says: The Administration of Palestine, while ensuring that the rights and position of other sections of the population are not prejudiced, shall facilitate Jewish immigration under suitable conditions and shall encourage, in co-operation with the Jewish agency. referred to in Article 4, close settlement by Jews, on the land, including State lands and waste lands not required for public purposes. In August 1922 the League of Nations approved the Mandate which was given to Britain, and thus the Jewish people's right to settle in the Land of Israel, their historic homeland, and to establish their state there, was recognized in international law. To complete the picture, we'll add that with the establishment of the United Nations in 1945, the principle of recognition of the validity of existing rights of states acquired under various mandates, including of course the rights of Jews to settle in the Land of Israel by virtue of the above documents, was determined in article 80 of its charter: Except as may be agreed upon in individual trusteeship agreements...nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties. In November 1947 the General Assembly adopted the United Nations committee's recommendation to divide the Land of Israel west of the Jordan river into two states: one Arab and one Jewish. But the plan was never implemented, and therefore was not binding under international law, since the Arab states rejected it and started a war to prevent its implementation and the establishment of a Jewish state. The outcome of the war set the political reality from now on: the Jewish state was established within the lines drawn after the war. However, the Arab state was not established, and Egypt and Jordan controlled the territories they occupied (the Gaza Strip, Judea and Samaria). Later, the Arab states, which did not recognize the consequences of the war, demanded the armistice agreement include a statement [*] saying that the cease-fire line should not be construed in any way as a political or territorial border. Nevertheless, in April 1950, Jordan annexed the West Bank, unlike Egypt, which has never claimed sovereignty over the Gaza Strip. However, Jordan's annexation was not accepted on any legal basis, and most Arab countries opposed it, until in 1988 announced that Jordan does not see itself as having the status of that area (on this issue see chief justice M. Landau's comments in this HCJ ruling; and this HCJ ruling). Thus the original legal status of the territory was restored , namely, a territory designated as a national home for the Jewish people, who had a "right of possession" to it during Jordanian rule while they were absent for several years due to a war imposed on them. Together with the international commitment to govern the territory and ensure the rights of the local population and public order, Israel also had the full right to claim sovereignty over these territories, and all Israeli governments believed so, but they chose not to annex them and take a pragmatic approach in order to allow for peace negotiations with representatives of the Palestinian people and the Arab states. Israel therefore did not see itself as an occupying power in the classical sense of the word, and so never saw itself committed to the Forth Geneva Convention with regards to Judea, Samaria and Gaza. It should be added here that the Israeli government did indeed ratify the Convention in 1951 but since it was not adopted by the Knesset (on this issue see this and thisHCJ rulings) it merely issued a statement saying it will voluntarily implement the humanitarian provisions of the Convention (here, here, here and here). As a result, Israel implemented a policy that allows the Israelis to live voluntarily in accordance with rules prescribed by the Israeli government and supervised by the Israeli legal system, while the continued presence is subject to the outcome of the negotiation process. In light of the aforesaid, we have no doubt that from the perspective of international law, the establishment of Jewish settlements in Judea and Samaria is legal, and therefore we can proceed to discussing this question from the perspective of domestic law. [...] NOTE: [*] According to article II (2) of the Armistice Agreement with Jordan: ...no provision of this Agreement shall in any way prejudice the rights, claims and positions of either Party hereto in the ultimate peaceful settlement of the Palestine question, the provisions of this Agreement being dictated exclusively by military considerations. According to article VI (9) of the agreement: The Armistice Demarcation Lines defined in articles V and VI of this Agreement are agreed upon by the Parties without prejudice to future territorial settlements or boundary lines or to claims of either Party relating thereto. Many, many thanks to Yoel who provided this translation. |
Moroccan liberals really making a splash Posted: 12 Jul 2012 12:00 PM PDT From Albawaba: Moroccan Justice Minister Mustafa al-Ramid lashed out at a request submitted by a group of activists asking for the legalizing of sexual relations outside marriage and called the initiative a promotion of debauchery.Of course, one of the people behind the sexual freedom initiative has gotten death threats: Abdellah Nhari, an imam in the northeastern Oujda region, who is well known for his controversial pronouncements, declared in a recent sermon that Elmokhtar Laghzioui was a "dayoute," or cuckold in colloquial Arabic, and that in Islam "the 'dayoute' should be killed."And if having people in a Muslim country openly calling to legalize adultery isn't amazing enough...check this out: A group of Moroccan activists launched a campaign calling for the right to break the fast publicly during the mornings of the holy month of Ramadan, as part of a larger initiative that aims at widening the range of personal freedoms in the country.This is worth watching. |
Latest things that offend Islam: Playstation and Ikea Posted: 12 Jul 2012 10:30 AM PDT Kermalkom.com reports that a Saudi citizen was outraged at seeing a Playstation game - it is unclear which one - where on one of ht elevels, the heroes are supposed to shoot a Koran. The man was outraged that such a game was available for sale in the Kingsom, where chldren could easily buy it. Maybe the Saudis should institute a ratings system. In other news, Ikea is selling a wine carrier with one of those interesting Scandinavian names they like to use for their products. The Omar wine shelf is being sold in the Ikea store in the UAE, causing a lot of consternation. Omar was the name of a major caliph, and to associate him with forbidden wine is insulting. The article about this lamented at other insults to Islam that happened in the UAE recently, like Madonna's concert . (h/t Jihad Watch via Ian) |
Posted: 12 Jul 2012 09:00 AM PDT From Ian: Latma summer series: The social protest's pure motives President Jihad: Jailed terrorist leads Palestinian presidential race, poll shows "In a three-way race between Barghouti, Hamas leader Ismail Haniya, and Mahmoud Abbas (the current president), the vote would be split 37, 33, and 25 respectively. In a direct matchup between Barghouti and Haniya, the former would win overwhelmingly, 60-34." In apparent flip-flop, Palestinian official now says no final decision yet on Arafat autopsy A sign of the times: Iron Dome battery stationed near Eilat "Defensive weapon system, which has reduced the threat of Kassam rockets to communities bordering the Gaza Strip, is set up near Israel's southern resort city"Anti-Semitic photo wins Iranian 'Occupy' competition Heart-rending face of protest: Woman scarred by acid attack joins protest march after Afghan woman was executed by Taliban for 'adultery' Shocking a BBC (sports) journalist calls terrorist, terrorists! Barry Davies' Olympic Moments: Black September, Munich 1972 Who Will Speak for the Ahmadi Muslims? by Arsen Ostrovsky Man charged with 'planning to car bomb London's Olympic Park during Games' And more! "Arafat had been telling his people that anyone who makes concessions to Israel is a traitor. Like Arafat, Abbas does not want to go down in history as the first Palestinian leader to make concessions, especially on sensitive issues such as refugees and Jerusalem." "Calling for a boycott of Israeli products is treated in the same manner as would be a call for the boycott of Islamic products. Publicly calling for the boycott of Israeli products is a case ofincitement to discrimination on the basis of nationality." "The various campaigns by British BDS groups have been noisy and sometimes messy,but in practical terms, they have been a complete failure" Deputy Minister Ayoob Kara reveals for first time that Israeli government representatives are working in Jordan on aiding injured Syrians who escaped the Assad regime. "Lobby group undercuts Obama, misrepresents top Israelis, and misleads its supporters in its stance against last-resort US military option, says top law professor; J Street rejects critique" More: A Palestinian refugee story: myths vs. facts, at Warped Mirror That same writer is now saying that "non-violent resistance" is a stupid Western concept that Palestinian Arabs should reject. (ht @ArsenOstrovsky) |
Europe's new anti-semitism (Rabbi Jonathan Sacks) Posted: 12 Jul 2012 07:30 AM PDT From HuffPo: In May 2007 a small group of religious leaders met in the E.U. headquarters in Brussels with the three most significant leaders of Europe: Angela Merkel, German Chancellor and at the time president of the European Council; Jose-Manuel Barroso, president of the European Commission; and Hans-Gert Pöttering, President of the European Parliament.He then makes a brilliant observation about the nature of European anti-semitism through the centuries: I have argued for some years that an assault on Jewish life always needs justification by the highest source of authority in the culture at any given age. Throughout the Middle Ages the highest authority in Europe was the Church. Hence anti-Semitism took the form of Christian anti-Judaism.This article is worth bookmarking. (h/t Yerushalimey) |
Posted: 12 Jul 2012 06:00 AM PDT From YNet: The Israeli Air Force attacked an armed terror cell in Zeitoun, east of Gaza City, killing one person and wounding others, Palestinian sources reported Thursday.Hamas' Al Qassam Brigades are celebrating the martyr Mahmoud Alhiqi, who "went to Allah after a great and honorable jihadist career, after hard work and sacrifice and Jihad." |
UNESCO decides to fund anti-semitic, terror supporting Gaza university Posted: 12 Jul 2012 03:09 AM PDT From Ha'aretz: Relations between Israel and UNESCO have reached a new low following the organization's inauguration of a Chair in Astronomy, Astrophysics and Space Sciences at the Islamic University of Gaza, which Israel identifies with Hamas.A quick perusal of the IUG website shows that it is essentially an arm of Hamas. There are dozens of documents praising Hamas - and none criticizing it. (MOst of them are Word documents, but here's an auto-translated page from a faculty member.) Moreover, the IUG has numerous papers that espouse pure anti-semitism. I found this (poorly translated) English abstract in an Arabic paper put out by the university: Quran highlighted the many characteristics of the Jews in order to warn the world of them and especially the Arab world and Muslim peoples and leaders, and the research will be remembered most important of these qualities that have had a negative impact on the formation of ideology and mentality, the thought of the Jews perverted, it is these qualities disbelief in Allah and His signs, deception, and hardening of the heart, cunning, and cunning, treachery, betrayal and bloodshed love of this world and hatred of death and eating people's wealth unlawfully, those qualities that are reflected on the behavior of individuals and groups, making them commit the crime of crimes, what on earth who has not committed, because these people do not know the meaning of humanity, so this research to reveal those qualities andBut don't take my word for it that IUG is a terror front. Listen to what the PA said about it in 2007: Kidnapped soldier Cpl. Gilad Shalit spent most of his time in captivity imprisoned on the campus of the Islamic University in Gaza, said senior Palestinian sources on Monday. Hamas also recruited suicide bombers on the IUG campus. For UNESCO to specifically choose a Hamas-affiliated, terrorist-hub, anti-semitism spouting university as the first one to be honored after admitting "Palestine" as a member shows exactly how UNESCO has no interest in culture or science, and how much it is now in bed with terrorists and their supporters. |
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