Wednesday, January 27, 2010

Palestine Today reports that the Knesset passed a motion that any future peace deal with Arab countries include compensation for Jewish refugees.

Two Arab MKs, Talab El-Sana and Jamal Zahalka, objected - because they don't think there were any Jewish refugees from Arab countries!

Zahalka's argument is nonsensical. He claims that the word "refugee" refers only to people who are forced to leave their country against their will, and that they must want to return to that country. The only problem is that this is a complete fabrication, as the UN definition of "refugee" is "any person who is outside their country of origin and unable or unwilling to return there or to avail themselves of its protection, on account of a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular group, or political opinion."

It is not news when a politician lies, but to lie so egregiously seems to be the particular skill of Palestinian Arab politicians.

El-Sana said that by the UN's definition of the word "refugee" the Jews wouldn't qualify, because they weren't seeking asylum from persecution. This is news to the hundreds of thousands of Jews from Arab countries whose lives turned into hell after 1948. It is also amusing to hear a Palestinian Arab try to talk about the definition of "refugee" when the real definition of "refugee" would exclude nearly all Palestinian Arabs alive today.

As the quoted article notes laconically that "For particular, political reasons, the Convention puts Palestinian refugees outside its scope..." So for El-Sana to quote the UN definition of refugees when his own people do not qualify is just another example of how, to Palestinian Arabs, laws are malleable to their own desires.

Tuesday, January 26, 2010

  • Tuesday, January 26, 2010
  • Elder of Ziyon
Many people have criticized the IDF's military justice system as not possibly being independent and fair, being that it is a part of the IDF. They use this as evidence that, for example, the upcoming rebuttal of the Goldstone report cannot be unbiased.

In fact, the IDF's Military Advocate General and the MAG Corps are completely independent. They do not report to the IDF structure; rather they report to the government directly. The leader is appointed by the Minister of Defense.

As the MAG webpage describes him:

The Military Advocate General is a member of the General Staff, but has complete legal independence and is not subject to the direct orders of the Chief of Staff or other superior officers.

The Military Advocate General is appointed by the Minister of Defense on the recommendation of the Chief of Staff.

The decisions and legal opinions of the Military Advocate General are considered determinative in all areas relating to law and the military and must be adhered to by all bodies of the military.

As the State of Israel's report on Cast Lead put it:
IDF military lawyers were involved in advising commanders on international law aspects of the Gaza Operation. The IDF structure ensures that the IDF legal advisors can provide frank and professional advice. All legal advisers belong to the MAG Corps and are not subordinate to the commanders they advise. According to Israeli law, the head of legal services in the IDF, the Military Advocate General has an independent status outside the military hierarchy in relation to all legal issues. In principal legal aspects the MAG is subject to the guidance and supervision of Israel’s Attorney-General and regularly consults with the Attorney General. In addition, IDF activities, including during active combat, as well as all MAG and Attorney General decisions are subject to judicial scrutiny and review by Israel’s Supreme Court sitting as the High Court of Justice. As discussed below in Section V.C(5)(c), the High Court of Justice regularly reviews such activities and decisions, and intervenes in appropriate cases.

...Israel’s legal and judicial apparatus is fully equipped and motivated to address alleged violations of national or international law by its commanders and soldiers. Such allegations are reviewed through a multi-tiered system of independent and impartial proceedings before Israeli investigative, administrative and judicial authorities, including Israel’s highest judicial instance, the Israeli Supreme Court.

Israel has a military justice system that operates within the IDF but is professionally independent. The military justice system is based primarily on the Military Justice Law of 1955, a comprehensive statute which governs the investigation of misconduct and indictment and prosecution of offenders and establishes the Court Martial system. The military justice system empowers the Military Advocate General to try soldiers not only for unique “military” offences (such as absence without leave, conduct unbecoming an officer, etc), but also for ordinary criminal offences under Israel’s Penal Law, 1973. Any and all allegations regarding offences committed by IDF personnel, and related to the military, are dealt with through this multi-tiered system, including allegations regarding improper conduct on the battlefield.

The IDF system of review includes three main components: the Military Police Criminal Investigation Division (“MPCID”), the Military Advocate General’s Corps (“MAG”), and the Military Courts. The MAG Corps and Military Courts are both independent from the IDF command hierarchy, are subject only to the law, and are also entirely independent from one another.
It is worth noting that the MAG Corps was established as a completely independent entity some 55 years ago.

A number of years ago, anti-Israel activists tried to get Spanish courts to prosecute Israelis for actions that occurred in Gaza, under Spain’s Universal Jurisdiction statute, using the argument that the internal IDF judicial system cannot investigate the IDF indpendently. Last summer, the Criminal Chamber of the National Court of Spain threw the case out. As the Cast Lead report mentions:
The Criminal Chamber of the National Court of Spain emphasised Israel’s ability to fully and fairly investigate the charges itself. It held that Israeli procedures and decisions with regard to the legality of preventive strikes under international law, and the military, civilian and judicial review in Israel of the Shehadeh incident, comport with the principle of complementarity, as the State of Israel is a democratic country where the rule of law applies.
The group that created the rebuttal to the Goldstone Report due out this week is headed by a former IDF chief intelligence officer and the MAG was a part of the task force he led to help ensure independence in the project.
  • Tuesday, January 26, 2010
  • Elder of Ziyon
45 pages of damning critique:
The Goldstone Report, when read in full and in context, is much worse than most of its detractors (and supporters) believe. It is far more accusatory of Israel, far less balanced in its criticism of Hamas, far less honest in its evaluation of the evidence, far less responsible in drawing its conclusion, far more biased against Israeli than Palestinian witnesses, and far more willing to draw adverse inferences of intentionality from Israeli conduct and statements than from comparable Palestinian conduct and statements. It is worse than any report previously prepared by any other United Nations agency or human rights group. As Major General Avichai Mandelblit, the advocate general of the Israeli Defense Forces, aptly put it:

“I have read every report, from Human Rights Watch, Amnesty International, the Arab League. We ourselves set up investigations into 140 complaints. It is when you read these other reports and complaints that you realize how truly vicious the Goldstone report is. He made it look like we set out to go after the economic infrastructure and civilians, that it was intentional: It’s a vicious lie.”[2]

The Goldstone report is, to any fair reader, a shoddy piece of work, unworthy of serious consideration by people of good will, committed to the truth.

... It is poorly written, obviously drafted by several different hands and without the benefit of a good overall editor. It is laden with internal inconsistencies, shoddy citations of authority, and overall poor craftsmanship. If a camel is a horse designed by a committee, this report lacks even the grace of a dromedary. Most of the commentary on the report, both pro and con, seems to be based on its somewhat sanitized summary and conclusion. Some of the worst mistakes are buried very deep in the report, many of the most serious ones toward the end.

I have read every word of the report and compared different sections. I have offered to debate Goldstone about its contents. He has refused, as he has generally refused to respond substantively to credible critics of the report. My offer to debate still stands. If he refuses, as I expect he will, let him at least respond to the serious legal, factual and moral criticisms contained in this study and others.[3] As the head of the mission and the report’s most visible public defender, Goldstone has a public obligation to respond to responsible criticism, which to date, he has not done.

In the coming week, the Secretary-General of the United Nations will present a compilation of responses to the Goldstone Report.[4] I am submitting this analysis for inclusion.

Most of Dershowitz's findings are things we have seen before, but he presents it well, focused on the report's flawed methodology and clear bias. Read the whole thing.

UPDATE: I just noticed that Dershowitz quoted Hosem.org for a list of militants who were classified as civilian. The Hosem people wanted to use my team's research and video, but they wanted an exclusive, which I was not willing to do. So I told them my methodology and they essentially re-did my and my team's work, using only the Al Qassam Brigades website. They did a nice job, though.
  • Tuesday, January 26, 2010
  • Elder of Ziyon
Omri at Mere Rhetoric noticed a interesting part of Amira Hass' article about the Gaza Freedom March a few weeks ago:
The march was not what the organizers had dreamed of during the nine months of preparation. ...Some people said that Hamas government representatives had found the NGOs did not have a clear, organized plan for the guests and therefore had taken the initiative.

Another said, "From the outset, Hamas set conditions: No more than 5,000 marchers, no approaching the wall and the fence, how to make speeches, how long the speeches should be, who will make speeches. In short, Hamas hijacked the initiative from us and we gave in."

Hamas, or its Popular Committee, brought 200 or 300 marchers. The march turned into nothing more than a ritual, an opportunity for Hamas cabinet ministers to get decent media coverage in the company of Western demonstrators. Especially photogenic were four Americans from the anti-Zionist ultra-Orthodox Jewish group Neturei Karta, who joined the trip only at Al Arish. There were no Palestinian women among the marchers - a slap to the many feminist organizers and participants, both women and men.

After the march, the guests voiced protests to some of the official Palestinian organizers. "We came to demonstrate against the siege, and we found that we ourselves were under siege," they said....

Some, especially the Arabic-speakers, complained that "a shadow in the shape of a security man" continued to accompany them.

In meetings without the security men, several activists got the impression that non-Hamas residents live in fear, and are afraid to speak or identify themselves by name.

Elsewhere in the article the Hass describes the protesters in heroic terms: "direct democracy in action," "without secrets, without orders from on high, without hierarchies," "popular, non-hierarchical action and its ability to bring about change." Yet when they made it to the promised land of Gaza, all of these slogans and stated goals went out the window, and they allowed themselves to be used in a glorified Hamas photo-op, not uttering a peep of public protest even when some of them belatedly realized that Hamas is the enemy of freedom in Gaza.

Somehow, I don't think that any of them will be protesting Hamas.

It seems that the "freedom" that the GFMers are interested in is not exactly congruent with the usual meaning of the term.
  • Tuesday, January 26, 2010
  • Elder of Ziyon
Palestine Press Agency reports that Hamas arrested a number of the members of the Cooperative Housing Foundation International (CHF) NGO.

According to the report, five members were arrested and forced to sign pledges that they would not continue operations.

PalPress reported last month that Hamas had shut down the NGO.

The CHF website has nothing on the issue, although its last press release from Gaza pre-dates the report of its closing down.
  • Tuesday, January 26, 2010
  • Elder of Ziyon
Today, Hamas sentenced two Fatah members to lengthy prison sentences.

The crime?

"Contact with Ramallah."
  • Tuesday, January 26, 2010
  • Elder of Ziyon
MEMRI uncovers a fevered rant in an Urdu-language jihadist women's magazine. Here's part of it:

"The Jews, who dream of ruling the world, have invented different types of vaccines, drugs, and injections in an organized way to weaken Muslims in their beliefs on spiritual, practical, and moral levels, and make their bodies contaminated. The oral polio vaccine campaign is being run under a worldwide conspiracy – except in the Zionist countries. Its total focus is now on South Asian countries – India, Pakistan, and Bangladesh. The U.S. has already marked this area as an extremely strategic region."

"Have we ever thought why these greedy Jews and Christians are spending millions of dollars on this campaign?

1) The Pentagon, a U.S. defense institution, provides about $100,000 million for this campaign every year.

2) The WHO spends $150,000 million dollars on this campaign every year.

3) Rotary International also provides a sizable amount for this campaign. Like thousands of NGOs, the Bill and Melinda Gates Foundation, the NGO of Microsoft chairman Bill Gates, has alone given $750 million for the vaccination of children in poor countries – more than double the amount that the U.S. government gave to the people affected by the tsunami. This will help the WHO vaccinate 90% of children around the world by 2015. All these organizations are known to work openly for the interest of Zionism.

...

"An analysis of how the polio vaccination is prepared is sufficient in order to understand how the viruses of haram [forbidden in Islam] and unpious animals like monkeys, chimpanzees, dogs, mice, and pigs are being injected into our [Muslim] bodies.

"Experiments were carried out in different stages on 4,000 monkeys imported from India and the Philippines in 1955, at a deserted place near a river in the area of Bluffton, in southern California. After that, polio vaccines were prepared from their kidneys.

"None other than Jonas Edward Salk (1914-1995) was responsible for this achievement. Besides being a prominent bacteriologist, he was a great Jewish spiritual leader who is revered even now by Jewish religious scholars and rabbis. "

  • Tuesday, January 26, 2010
  • Elder of Ziyon
From the Arab News:
Saudi Arabia will donate $50 million in aid to earthquake-devastated Haiti. “On instructions from Custodian of the Two Holy Mosques King Abdullah, the Kingdom will donate $50 million to assist the Haitian people,” Foreign Ministry spokesman Osama Nugali said Monday.
Since the quake hit, the oil-rich nation had been strongly criticized for not donating anything.
  • Tuesday, January 26, 2010
  • Elder of Ziyon
From Ma'an:
An EU contract paying for fuel shipments into the Gaza Strip for its sole power plant expired on 30 November 2009, according to Kan'an Obeid, deputy manager of the Energy Authority in the coastal enclave.

While the EU had been providing the service after the contract expired, EU officials notified the Energy Authority that they would no longer pay for the fuel shipments unless the Palestinian Authority in Ramallah drafted a new agreement and payment scheme.

Obeid said that the fuel in Gaza will last until Thursday morning. If a new shipment does not arrive, Gaza's power plant will be forced to shut down, in turn affecting 70 percent of the population.
Missing from this story is the fact that Israel is willing to provide the fuel Gaza needs - the problem is that someone needs to pay for it. Apparently, the world's Arabs, who claim their solidarity with the beleaguered Strip daily, cannot seem to find it in their hearts to pay for their Gaza brethren's fuel.

Hamas, which gets hundreds of millions of dollars from Iran, is not interested in paying a dime for the citizens under its control to get any electricity either.

The PA expects the EU to provide the cash, while the PA gives an across-the-board raise to all of its workers.

But when the power plant shuts down, and the Gaza stringer photographers take their poignant pictures of Gazans in candlelight, guess who will be blamed?
  • Tuesday, January 26, 2010
  • Elder of Ziyon
Remember last October when Mahmoud Abbas made a big deal over saying he will not run in the next set of Palestinian Authority elections?

Even though people worldwide panicked over his threat, others noticed that it was nothing more than a sympathy ploy and that he was going to be president for a long, long time.

Now, he's quietly made it official.

Abbas just rescinded his October call for "early elections" (according to the PA Basic Law, the elections should have been held by this week) and instead he plans to sign a new decree this week that postpones new elections until there is a consensus about when and how they should be held.

And that in the meantime, Abbas remains president. Given how the negotiations of unity between Hamas and Fatah have dragged on, chances are that he will be president for a long, long time.

Monday, January 25, 2010

The Al Mezan Center for Human Rights also blames Israel for supposedly opening up a dam in order to flood poor Gazans during torrential rains last week:
For the second time in the past ten years, at approximately 6pm on Monday 18 January 2010, Israel opened the floodgates of one of the dams in the Gaza Valley, which flows into Gaza from the east. As a result, dozens of Palestinian houses and properties were damaged. Israel built this floodgate to prevent the rainwater's natural flow into Gaza, depriving the Gaza aquifer from its main natural source of underground water.
Here we see how trustworthy this prestigious "human rights" organization is. Since it is the second time it happened, it must tell us about the first:
A similar situation had occurred when the so-called Nahal Oz dam suddenly collapsed nine years ago, on 26 March 2001. Hundreds of donams of agricultural lands; chicken and cow farms; and rural houses were damaged.
It seems we found a dam, in Nahal Oz! Yet the news stories from that date don't quite call it a dam - it is a reservoir:
A special committee has been established to investigate the bursting of a reservoir near Kibbutz Nahal Oz yesterday which caused extensive flooding and the loss of over 3 million cubic meters of irrigation water. The purified sewage water piped in from the Dan region treatment plant flooded vast tracts of arable land and swamped low-lying fields of Palestinian farmers in the nearby Gaza strip.
So we see that Al Mezan is lying in the first paragraph when they claim that Israel opened the floodgates in 2001; it is lying when they said that Israel opened a dam in 2010, it is lying when it says that the purpose of the "dam" is to deprive Gazans of rainwater (the water in the reservoir is piped in as purified sewage water for Israeli agriculture.) But it means that we can now find that picture of the "dam" we were looking for, even if it was never opened - and, indeed, if it is unlikely to even have a mechanism for opening.
  • Monday, January 25, 2010
  • Elder of Ziyon
From Ma'an:
The Palestinian Authority will increase employees' salaries by 4% this month, Amjad Abu Raed, head of the Union of Government Officials said on Monday.

Abu Raed said that a 2.75% increase will be tacked on to salaries for the cost of living, and 1.25% will be given as an annual bonus.

All governmental employees will receive the raise, he said, adding that the union received a formal decision from the Ramallah government announcing the decision.
A good number of those that will be receiving this across-the-board increase live in the Gaza Strip - and don't work at all.

Thus helping ensure that Hamas can use all the money it gets from Iran for weapons, and not to actually take care of Gazans.

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