Wednesday, November 24, 2021

  • Wednesday, November 24, 2021
  • Elder of Ziyon


In light of the British declaration that all of Hamas is a terrorist organization, Hamas has been responding with statements that claim that their attacks on Israeli civilians are legal under international law.

Hamas' press release in response to the news story said, "We believe that resisting the Israeli occupation with all means possible, including armed resistance, is a guaranteed right for peoples under occupation as per international law." 

This was two days before  a Hamas terrorist murdered Eli Kay in Jerusalem, and Hamas' "political wing" praised the murder. Hamas has consistently claimed that all terrorist acts - suicide bombs, bus bombings, rocket attacks, shootings, stabbings, car rammings - are really acts of legitimate armed struggle.

That claim is made often by apologists for Palestinian terror. One prominent example is CJ Werleman's  2018 article titled "International law guarantees Palestinians the right to resist," which is entirely based on this claim:
[I]nternational law is unambiguous in its endorsement of “armed struggle” for peoples who seek self-determination under “colonial and foreign domination.”

United Nations resolution 37/43, dated 3 December 1982, “reaffirms the legitimacy of the struggle of peoples for independence, territorial integrity, national unity and liberation from colonial and foreign domination and foreign occupation by all available means, including armed struggle.”
Stanley Cohen, the convicted criminal who has defended terrorists in court, made a similar argument in Al Jazeera in 2017.

The claim is an absurd lie.

The entire point of the Fourth Geneva Convention is to protect civilians in the time of war. The idea that there is right  under international law for terror groups like Hamas to kill civilians is, to put it kindly, insane.

UN General Assembly resolutions do not have the force of international law. These supporters of terrorists murdering Jews cherry pick what they claim supports their position and ignore the overwhelming evidence against it.

Like all good propagandists, they take a germ of truth and then extend it into areas that were never the intent of the language. It is true that under international law, some believe that there is a right for groups under occupation to resist the dominant army under a set of very limited rules that are still evolving. 

Even if you consider Israel to be occupying Arab territory, in no way, shape or form does this include terror attacks against civilians, despite historic Arab insistence that clauses be added to UN General Assembly resolutions that appear to grant exceptions for Palestinian attacks. (There are other UNGA resolutions that condemn violence on both sides, proving that even the UNGA is not supportive of Palestinian violence, undercutting even the basic claim of the terror apologists.)

The Fourth Geneva Convention, article 33 is unambiguous: "No protected person [i.e., civilian] may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited." There is no exception to this rule.

The Additional Protocol to the Geneva Conventions, article 51(2), is even more explicit: "The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited."

The same article goes on to declare Hamas' entire conception of "armed resistance" to be illegal:

4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:

(a) those which are not directed at a specific military objective;

(b) those which employ a method or means of combat which cannot be directed at a specific military objective; or

(c) those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol; and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction.

5. Among others, the following types of attacks are to be considered as indiscriminate:

(a) an attack by bombardment by any methods or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects; and

(b) an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.
This makes it clear that Hamas rockets are a direct violation of international law. 

(Later in that same article is the prohibition against using human shields.)

These are not the only legal instruments that prove that Hamas-style terror is a direct breach of international law, although they are enough. 

UN Security Council  Resolution 1566 (2004) condemns all kinds of terror, and it explicitly says that there is no possible excuse or exception for terrorist attacks - a direct rebuke to those like Hamas, Werleman and Cohen who pretend that Palestinians are in a different category:

1.  Condemns in the strongest terms all acts of terrorism irrespective of their motivation, whenever and by whomsoever committed, as one of the most serious threats to peace and security;
...
3.  Recalls that criminal acts, including against civilians, committed with the intent to cause death or serious bodily injury, or taking of hostages, with the purpose to provoke a state of terror in the general public or in a group of persons or particular persons, intimidate a population or compel a government or an international organization to do or to abstain from doing any act, and all other acts which constitute offences within the scope of and as defined in the international conventions and protocols relating to terrorism, are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature, and calls upon all States to prevent such acts and, if not prevented, to ensure that such acts are punished by penalties consistent with their grave nature.

This resolution was passed under Chapter 7, meaning that it has the force of international law. 

In 2004, the UN Secretary General described the difficulties in defining terrorism and briefly addressed the arguments of the terror apologists, demolishing them in a single paragraph:

The search for an agreed definition [of terrorism] usually stumbles on two issues. The first is the argument that any definition should include States’ use of armed forces against civilians. We believe that the legal and normative framework against State violations is far stronger than in the case of non-State actors and we do not find this objection to be compelling. The second objection is that peoples under foreign occupation have a right to resistance and a definition of terrorism should not override this right. The right to resistance is contested by some. But it is not the central point: the central point is that there is nothing in the fact of occupation that justifies the targeting and killing of civilians. 

Taken as a whole, international law is crystal clear: Hamas and the other Palestinian factions are terror groups and their attacks on civilians are blatantly illegal under international law. They are explicit war crimes. 

(See also Tomer Ilan's article here.)







Printfriendly

EoZTV Podcast

Podcast URL

Subscribe in podnovaSubscribe with FeedlyAdd to netvibes
addtomyyahoo4Subscribe with SubToMe

search eoz

comments

Speaking

translate

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!

Interesting Blogs

Categories

#PayForSlay Abbas liar Academic fraud administrivia al-Qaeda algeria Alice Walker American Jews AmericanZionism Amnesty analysis anti-semitism anti-Zionism antisemitism apartheid Arab antisemitism arab refugees Arafat archaeology Ari Fuld art Ashrawi ASHREI B'tselem bahrain Balfour bbc BDS BDSFail Bedouin Beitunia beoz Bernie Sanders Biden history Birthright book review Brant Rosen breaking the silence Campus antisemitism Cardozo cartoon of the day Chakindas Chanukah Christians circumcision Clark Kent coexistence Comix Community Standards conspiracy theories COVID-19 Cyprus Daled Amos Daphne Anson David Applebaum Davis report DCI-P Divest This double standards Egypt Elder gets results ElderToons Electronic Intifada Ellen Horowitz Embassy EoZ Trump symposium eoz-symposium EoZNews eoztv Erekat Erekat lung transplant EU Euro-Mid Observer European antisemitism Facebook 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 Ghassan Daghlas 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 Hypocrisy ICRC IDF IfNotNow IJ Benjamin Ilan Pappe Ilhan Omar impossible peace incitement indigenous Indonesia infographic international law interview intransigence iran Iraq Islamic Judeophobia Islamism Israel Loves America Israeli culture Israeli high-tech J Street jabalya James Zogby jeremy bowen Jerusalem jewish fiction Jewish Voice for Peace jihad jimmy carter Joe Biden John Kerry jokes jonathan cook Jordan Joseph Massad Juan Cole Judaism Judea-Samaria Judean Rose Judith Butler Kairos Karl Vick Keith Ellison ken roth khalid amayreh Khaybar Know How to Answer Lebanon leftists Linda Sarsour Linkdump lumish mahmoud zahar Mairav Zonszein Malaysia Marc Lamont Hill Marjorie Taylor Greene max blumenthal Mazen Adi McGraw-Hill media bias Methodist Michael Lynk 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 Nick Cannon NIF Noah Phillips norpac NSU Matrix NYT Occupation offbeat olive oil Omar Barghouti Omri Boehm Only in Israel Opinion oxfam PA corruption PalArab lies Palestine Papers pallywood pchr PCUSA Peace Now Peter Beinart Petra MB philosophy poetry Poland poll Poster Preoccupied Prisoners propaganda Proud to be Zionist Puar Purim purimshpiel Putin Qaradawi Qassam calendar Quora Rafah Ray Hanania real liberals RealJerusalemStreets reference Reuters Richard Falk Richard Landes 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 Seth Rogen settlements sex crimes SFSU shechita sheikh tamimi Shelly Yachimovich Shujaiyeh Simchat Torah Simona Sharoni SodaStream South Africa Sovereignty Speech stamps Superman Syria Tarabin Temple Mount Terrorism This is Zionism Thomas Friedman Tlaib TOI Tomer Ilan Trump Trump Lame Duck Test Tunisia Turkey UAE Accord UCI UK UN UNDP unesco unhrc UNICEF United Arab Emirates Unity unrwa UNRWA hate unrwa reports UNRWA-USA unwra vaccination Varda Vic Rosenthal Washington wikileaks Winstanley work accident X-washing Y. Ben-David Yemen YMikarov zahran Ziesel zionist attack zoo Zionophobia Ziophobia Zvi

Best posts of the past 6 months

 


A new, better definition of antisemitism


Blog Archive