Monday, June 28, 2010

  • Monday, June 28, 2010
  • Suzanne
Hamas "celebrates" the caputre of Gilad Shalit with a new animation:



A commenter below this video correctly says:
"goody....supporting a war crime".
He received the following reply by the one who published the animation:
"As a non-state actor, Hamas is not obligated under international law to allow representatives of the International Committee of the Red Cross (ICRC) to visit captured Israeli soldier Gilad Shalit, a senior ICRC official was quoted as saying on Friday." "Pierre Dorbes, the deputy head of the ICRC's mission in Israel and the occupied territories made this remark in the course of a lengthy interview with Haaretz reporter Amira Hass.""
I do not know where he got this quote from, but I found the original article in Haaretz:

Pierre Dorbes:
"We remind Hamas of its humanitarian obligation to dignified conditions. In order to evaluate this, we suggested a number of times that we visit Shalit. We also suggested that he be allowed to communicate with his family via letters. They refused. Hamas is a non-state party to the conflict. As such, it is not obligated to allow family visits or visits by the Red Cross, but it is obligated to make family ties possible."
If Pierre Dorbes is right, then neither Israel has to treat non-Israeli Arab prisoners as POWs. But is Pierre Dorbes correct when stating that Shalit cannot be entitled to the status of POW?

BtSelem states:
"Regardless of the question of the legality of the seizure or status of the person who is seized, international humanitarian law states that every person is entitled to be treated humanely and in a dignified manner by the opposing side, whatever the circumstances. Prisoners of war are entitled to a variety of other rights, among them to right to receive visits by the ICRC. Given that Shalit is entitled to the status of POW, denial of his right to these visits also constitutes a flagrant breach of international law. Moreover, the refusal to allow visits and cutting Shalit off totally from the outside world raise the grave suspicion that he is being treated improperly, in particular regarding the medical treatment he has, or has not, received for his injury.

For these reasons, the Hamas leadership, as the persons holding actual control of the security apparatuses in the Gaza Strip, has the duty to act order to bring about Shalit's unconditional release immediately. Until his release, the persons holding him must treat him humanely and enable representatives of the ICRC to visit him."
Although it is still unclear to me on which grounds Gilad Shalit is entitled to a POW-status (as Hamas is a non-state party), for sure the way he is being treated now is a war crime:
"seizing a person (civilian or combatant) and holding him forcibly with the objective of pressuring the other side to meet certain demands is absolutely prohibited, and is considered hostage taking. This act is much more grievous when it is accompanied by a threat to kill or injure the hostage if the hostage-takers' demands are not met. Furthermore, breach of the prohibition is deemed a war crime, for which everyone involved in the act bears criminal responsibility. The circumstances in which Shalit was abducted and has been held clearly indicate that he was taken hostage."


EoZTV Podcast

Podcast URL

Subscribe in podnovaSubscribe with FeedlyAdd to netvibes
addtomyyahoo4Subscribe with SubToMe

Support EoZ by shopping!

search eoz

comments

Speaking

follow me

Follow by Email

translate

Share on Whatsapp


E-Book

For $18 donation








Sample Text

EoZ's Most Popular Posts in recent years

Hasbys!

Elder of Ziyon - حـكـيـم صـهـيـون



This blog may be a labor of love for me, but it takes a lot of effort, time and money. For over 14 years and 30,000 articles I have been providing accurate, original news that would have remained unnoticed. I've written hundreds of scoops and sometimes my reporting ends up making a real difference. I appreciate any donations you can give to keep this blog going.

Donate!

Donate to fight for Israel!

Monthly subscription:
Payment options


One time donation:

subscribe via email

Follow EoZ on Twitter!

Tweets

Interesting Blogs

Categories

Abbas liar Academic fraud administrivia al-Qaeda algeria Alice Walker American Jews Amnesty analysis anti-semitism antisemitism apartheid Arab antisemitism arab refugees Arafat archaeology Ari Fuld art ASHREI B'tselem bahrain Balfour bbc BDS BDSFail Bedouin Beitunia beoz Birthright book review Brant Rosen breaking the silence Campus antisemitism Cardozo cartoon of the day Chakindas Chanukah Christians circumcision Clark Kent coexistence Community Standards conspiracy theories Cyprus Daled Amos Daphne Anson David Applebaum Davis report DCI-P Divest This double standards Egypt Elder gets results ElderToons Electronic Intifada Embassy EoZ Trump symposium eoz-symposium EoZNews eoztv Erekat Erekat lung transplant EU Euro-Mid Observer European antisemitism Facebook jail Fake Civilians 2014 Fake Civilians 2019 Farrakhan Fatah featured Features fisking flotilla Forest Rain Forward free gaza freedom of press palestinian style future martyr Gary Spedding gaza Gaza Platform George Galloway George Soros German Jewry gideon levy gilad shalit gisha Goldstone Report Good news Grapel Guardian guest post gunness Haaretz Hadassah hamas Hamas war crimes Hananya Naftali hasbara Hasby 2014 Hasby 2016 Hasby 2018 hate speech Hebron helen thomas hezbollah history Hizballah Holocaust Holocaust denial honor killing HRW Human Rights Humanitarian crisis humor huor Hypocrisy ICRC IDF IfNotNow Ilan Pappe Ilhan Omar impossible peace incitement indigenous Indonesia international law intransigence iran Iraq Islamic Judeophobia Islamism Israel Loves America Israeli culture Israeli high-tech J Street jabalya jeremy bowen Jerusalem jewish fiction Jewish Voice for Peace jihad jimmy carter John Kerry jokes jonathan cook Jordan Joseph Massad Juan Cole Judaism Judea-Samaria Judean Rose Kairos Karl Vick Keith Ellison ken roth khalid amayreh Khaybar Know How to Answer Lebanon leftists Linda Sarsour Linkdump lumish mahmoud zahar Malaysia max blumenthal Mazen Adi McGraw-Hill media bias Methodist Michael Ross Miftah Missionaries moderate Islam Mohammed Assaf Mondoweiss moonbats Morocco Mudar Zahran music Muslim Brotherhood Naftali Bennett Nakba Nan Greer Nation of Islam Natural gas Nazi Netanyahu News nftp NGO NIF Noah Phillips norpac NYT Occupation offbeat Omar Barghouti Only in Israel Opinion oxfam PA corruption PalArab lies Palestine Papers pallywood pchr PCUSA Peace Now Peter Beinart Petra MB poetry Poland poll Poster Preoccupied Prisoners propaganda Proud to be Zionist Puar Purim purimshpiel Putin Qaradawi Qassam calendar Quora Rafah Ray Hanania real liberals reference Reuters Richard Falk Richard Silverstein Right of return Rivkah Lambert Adler Robert Werdine rogel alpher roger cohen roger waters Rutgers Saeb Erekat Sarah Schulman Saudi Arabia saudi vice self-death self-death palestinians settlements sex crimes SFSU shechita sheikh tamimi Shelly Yachimovich Shujaiyeh Simchat Torah Simona Sharoni SodaStream South Africa Speech stamps Superman Syria Tarabin Temple Mount Terrorism This is Zionism Thomas Friedman TOI Tomer Ilan Trump Tunisia Turkey UCI UK UN UNDP unesco unhrc UNICEF United Arab Emirates Unity unrwa UNRWA hate unrwa reports UNRWA-USA unwra Varda Vic Rosenthal Washington wikileaks work accident X-washing Y. Ben-David Yemen YMikarov zahran Ziesel zionist attack zoo Zvi

Blog Archive