Talking Points on the Gaza Drama

(Hijab tip: American Muslims for Palestine)

We call on the US government, as a contracting party to the 4th Geneva Convention, to take immediate steps to end the on-going War Crimes directed at Palestinian civilian population in the Gaza Strip and the West bank.

We are distressed by the news of the continuing violence and killing directed at the civilian population in the Gaza Strip and the imposition of an illegal blockade on all border crossings. Since the beginning of the year, the [apartheid] Israeli actions included cutting off supplies for electricity and fuel, which renders the whole human services infrastructure in Gaza Strip in great impairment and itself constitute a crime against humanity. This action as well as the continued disproportionate use of violence is a major violation of the 4th Geneva Convention. [Apartheid] Israel is responsible for the well-being and safety of all occupied civilians, including the Gaza Strip.

In his most recent statement Professor John Dugard, the UN Special Rapporteur for Human Rights in the Palestinian Territories, called [apartheid] Israeli government's actions "serious war crimes" for which its political and military officials should be prosecuted and punished. The killing of civilians violates, he said, "the strict prohibition on collective punishment contained in the Fourth Geneva Convention. It also violates one of the basic principles of international humanitarian law that military action must distinguish between military targets and civilian targets." Indeed, the very legal framework invoked by the Israeli government to carry out this illegal and immoral act - declaring Gaza a "hostile entity" within a "conflict short of war" – has no basis or standing in international law.

We call on the US government, as a signatory of the 4th Geneva Convention, to act immediately to put a stop to [apartheid] Israel's actions and, revive the diplomatic process, to end all attacks on civilians, including the continuing demolition of Palestinian homes at an alarming rate and building of settlements. As we mark the 60 anniversary of the Nikba (the 1948 ethnic cleansing of Palestine) we are reminded of the continued dispossession and violence directed at Palestinian refugees and their families, a fact that must be addressed as we deal with the current unfolding war crimes.

1. Under International law and standing UN conventions, destroying a people in part or in full is considered ethnic cleansing.
2. The escalation in Gaza was forewarned by [apartheid] Israel's deputy defense minister Matan Vilnai of a "greater Shoah" the Hebrew work for the Nazi Holocaust.
3. The full siege of Gaza is leading to deaths due to lack of access to medical essentials, sickness, lack of sanitation, lack of access to basic resources that are there and protected as basic human rights.
4. [Apartheid] Israel is the occupying power and uses air, sea and land US made weapons to bomb civilians in one of the most densely populated areas in the world, a clear violations of rules of engagement in armed conflicts.
5. Palestinians have the right to defend themselves. This right is protected by International Law.
6. Palestinians dying in Gaza were forced out by [apartheid] Israel, forcefully and illegally in an effort to ethnically cleanse Palestine. Now [apartheid] Israel is killing them inside the refugee camps.
7. Peace can only be achieved when Israeli apartheid is ended and Palestinians are granted their national, political and civil rights, as well as the right to return.
8. As of March 4th, 2008, [apartheid] Israel killed 128 Palestinians, injured 350, and 28 of those killed are children, the youngest being a 20 day old infant.
   
   

Corrie v. Caterpillar: Political Question

The Ninth Circuit Court of Appeals affirmed the dismissal of CCR’s case charging Caterpillar, Inc. with aiding and abetting war crimes and other serious human rights violations on the grounds that the company provided bulldozers to Israel knowing they would be used unlawfully to demolish homes and endanger civilians in the Occupied Palestinian Territory.

[The] decision from a three-judge panel of the Court of Appeals found that it did not have jurisdiction to decide the case because Caterpillar’s bulldozers were ultimately paid for with money from the United States. Because of the U.S. government’s decision to grant military assistance to Israel, any decision regarding whether Caterpillar aided and abetted war crimes would impermissibly intrude upon the executive branch’s foreign policy decisions. In today’s decision, the Court did not rule on the question of whether Caterpillar aided and abetted Israeli war crimes.

“We are extremely disappointed with the Court’s refusal to decide whether Caterpillar violated the law, essentially because it did not want to question the U.S. decision to pay for the bulldozers,” said CCR Senior Attorney Maria LaHood. “The Court has a constitutional duty to uphold the law, and the law prohibits aiding and abetting war crimes - regardless of who’s footing the bill.”

Source: The Rachel Corrie Foundation

(With respect to the concern of whether or not I will ever need to know the workings of the "political question" doctrine, the answer appears to be "YES!")

And the injustice continues . . .