All nations have a right of self-defense, including Israel. But that right may be exercised lawfully only in limited circumstances. Israel cannot validly claim self-defense in its recent onslaught against Gaza for two main reasons.Note: Israel today bombed/destroyed another hospital in Gaza. Whatever the justification, there is now less capacity to treat hospitalized patients than there was yesterday. The inhumane treatment of the residents blockaded in Gaza continues....
First, despite its 2005 withdrawal of ground forces and settlers from Gaza, Israel still exercises effective control over the region by controlling its airspace, coast and territorial waters, land borders (with Egypt), electromagnetic fields, electricity and fuel supply. Accordingly, Israel remains an occupying power under international law, bound to protect the occupied civilian population. Israel can use force to defend itself, but no more than is necessary to quell disturbances. Hence this is not a war – rather, it is a top military power unleashing massive firepower against a penned and occupied Palestinian population.
Second, self-defense cannot be claimed by a state that initiates violence, as Israel did in its crackdown on Hamas in the West Bank, arresting more than 400, searching 2,200 homes and other sites, and killing at least nine Palestinians. There is no evidence that the terrible murders of three Israeli youths that Israel claimed as justification for the crackdown were anything other than private criminal acts that do not trigger a nation’s right of self-defense (were an American citizen, or even a Drug Enforcement Administration agent killed by drug traffickers on our border with Mexico, that would not entitle us to bomb Mexico City).
Wednesday, July 23, 2014
Going Gonzo In Gaza
In a New York Times editorial, George Bisharat explains why Israel has overreacted and is now losing the public relations war: