Tuesday, January 24, 2023
From Ian:
Palestinians are playing the long game on world stage – Israel could lose
Palestinians are playing the long game on world stage – Israel could lose
The United Nations General Assembly recently approved a resolution calling on the International Court of Justice (ICJ) to render an opinion on whether the continuing Israeli occupation of the territories has become permanent, and in fact an annexation of the territories. In principle, the Court’s opinions are not binding, and its decisions cannot be directly translated into steps against Israel. However, in practice, the petition of the case to the ICJ is part of a broader Palestinian strategy, and in the present international climate is liable to have significant implications.PMW: The continuing lie of the “Gaza blockade”
In recent years, the Palestinians have adopted the practice of involving international institutions in their conflict with Israel. These efforts include their appeal to the ICJ on the legality of the separation fence, a push for the establishment of international commissions of inquiry after every military operation in Gaza, complaints to the International Criminal Court that led to a pending investigation of Israeli actions related to the conflict, and a drive to have Palestine admitted as a member state of various international organizations.
The Palestinian activity in international organizations is coordinated and aggregate. For example, the General Assembly’s recognition of the State of Palestine in 2012 provided the basis for the determination that the International Criminal Court has the authority to investigate Israeli actions related to the conflict. An ICJ decision that the Israeli occupation is illegal would serve as the basis for additional proceedings against Israel.
Developments in Israeli law are also liable to affect the legal ramifications of the ICJ proceeding. In 2004, it published an opinion that the construction of the separation fence in the territories was a violation of international law. In practice, no steps were taken against Israel as a result of that ruling. A significant factor in Israel’s ability to fend off the opinion was the fact that the Supreme Court had looked into the issue and concluded that the fence was legal under international law. In several places, the Supreme Court even intervened and ordered that its location be modified in order to comply with international law.
However, it seems that the Supreme Court’s willingness to impose international law on Israel’s activities in the territories is no longer as resolute as in the past. In recent years, the court has refrained from intervening in issues related to international law. If the Override Clause is enacted, the Court’s authority to review Israeli actions in the territories will be weakened even more, and the Knesset will be able to pass legislation such as the Settlement Regulation Law, which the Court struck down in 2020. In this situation, it is quite likely that international tribunals will pay no attention to proceedings in the Israeli Supreme Court and not view them as a reason to refrain from investigating the issues.
In 2022, United Nations officials and reports, many countries and their representatives, and the Palestinian Authority continued to perpetuate the lie alleging that Israel has applied a “blockade” on the “besieged Gaza Strip.”A child of Oslo watches the Tel Aviv protests
While the lie was commonplace and even often embellished by claiming that “Gaza is the biggest prison in the world,” statistics released by the United Nations Office for the Coordination of Humanitarian Affairs in the so-called “occupied Palestinian territory” (OCHA) reveal the truth.
According to the OCHA statistics, in 2022 there were 424,417 exits via the Erez crossing from Gaza into Israel. 14,909 exits were for Gazan patients, who were accompanied by 10,930 people, entering Israel to receive medical treatment. There were also 573 entries into Israel to visit imprisoned terrorists.
Alongside the entry of the Gazans into Israel, OCHA also reported that 74,096 truckloads of commodities entered Gaza from Israel via the Kerem Shalom crossing in 2022. According to the statistics, only 5% of the truckloads were carrying humanitarian products.
In addition to the 74,096 truckloads of commodities, thousands of trucks entered Gaza from Israel carrying fuel:
While statistics released by the Israeli Defense Ministry showed that from 2017-2021 Israel - incredibly - allowed 11,499 new vehicles into Gaza, the number of new cars that entered Gaza from Israel in 2022 has not yet been released.
The OCHA website further revealed that in 2022, in addition to the 424,417 exits from Gaza into Israel, there were an additional 245,145 exits from Gaza, via the Rafah crossing, into Egypt.
In addition to the movement of people, 32,353 truckloads of commodities also entered Gaza from Egypt through the Rafah crossing. All the commodities that entered Gaza from Egypt were for commercial use. No humanitarian goods entered Gaza from Egypt.
Yet as a child of Oslo, born and raised in the dark years of rampant terror in which parents lost friends and friends lost parents, in which the obituary sections drove home realities that were decades premature, I have to ask myself: Does the Supreme Court really fulfill these functions in the name of protecting democracy and civil liberties? If so, shouldn't its decisions to rein in government policies be devoid of political bias?
In Oct. 1995, then-Prime Minister Yitzhak Rabin's government pushed the Oslo B agreement through the Knesset by a 61-59 majority. It did so by promising members of Knesset, from a right-wing party, positions in the government in exchange for their votes. Where were the calls for reining in majority rule back then?
At the time, the left was perfectly happy to win by the slimmest of majorities, however it was achieved. This was the case even though the ramifications of the vote were severe. They did not only threaten civil rights but the physical lives and safety of hundreds of thousands if not millions of Israelis.
Ten years later, I spent the summer of 2005 in Gush Katif in the Gaza Strip. I witnessed firsthand what it was like for the people there when Ariel Sharon turned his back on everyone who voted for him and rammed the disengagement plan through, firing anyone in his government who dissented.
Yet for some reason, the Supreme Court, sans Justice Edmond Levy, decided that it was not its place to interfere. It stood by as the government sent soldiers to expel citizens from their homes, crushing any semblance of their civil liberties.
Sadly, we are still paying for this decision to this day, with Hamas now ruling the dunes where once our hothouses bloomed.
This two-faced approach proves that we should not blindly accept the rhetoric employed by the protestors. This controversy is not really about civil rights or the strength of Israel's democracy. It's about power. Political power and judicial power. It is about people who want influence over the future of the State of Israel even when the majority of the people chose not to elect them.
It's hard to contain the feelings that bubble up when I hear friends on the left who supported Oslo and then the disengagement talk about how the Supreme Court is the defender of civil rights in this country. The Supreme Court proved otherwise when it abandoned the people of Gush Katif. They proved that their own politics supersede their supposed commitment to upholding the civil rights of all Israelis, making this argument against the reform null and void.
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