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rotherham_red

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25 years since the Baruch Goldstein massacre in Hebron:


The footage there includes a brief clip of then-opposition leader Netanyahu condemning the attack unequivocally. Today Netanyahu is attempting to legitimize the successors to the movement which produced the massacre:

"The candidates in question are members of the Otzma Yehudi Party, known in English as Jewish Power. They are the political heirs of the late Meir Kahane. The Jewish Power Party embraces his policy of ethnic cleansing — that is, the expulsion of Palestinians from Israel and the territory it won in defensive wars with Arab states. One of its leaders holds a party every year at the grave of the Jewish terrorist Baruch Goldstein, who murdered 29 Palestinian civilians in 1994."

https://www.bloomberg.com/opinion/articles/2019-02-22/netanyahu-s-most-cynical-political-bargain-yet

Otzma candidate refuses 'Baruch Goldstein ultimatum'
Attorney Itamar Ben-Gvir rejects Rabbi Meidan's demand to remove Baruch Goldstein picture from his home.

http://www.israelnationalnews.com/News/News.aspx/259075
And it's the victims of that atrocity who have paid the price for the blood lust of that cnut ever since...
 

2cents

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IDF response:

 

Super Hans

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IDF response:

"MAY have"? They always err on the side of caution, don't they.

They have shot close to a thousand kids with live ammo as well as 78 press or medical workers
 

Chairman Woodie

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The Commission's legal analysis is unclear.

At paragraph 12 the Commission claims Israel is bound by the rules of occupation. But Gaza is not occupied by Israel.
12 [....] As the occupying Power, Israel is also bound by the rules on occupation under international treaty and customary law.

And which legal framework is the Commission applying? At paragraph 12 the Commission cites international humanitarian law:
12. Israel and the Palestinian organized armed groups [...], as parties to the armed conflict, are bound by international humanitarian law. [...]

At paragraph 32 the Commission claims international human rights law is applicable:
32. In the commission's view, the demonstrations were civilian in nature, had clearly stated political aims and, despite some acts of significant violence, did not constitute combat or a military campaign. Thus, the legal framework applicable to policing the protests was that of law enforcement, based on international human rights law."

Yet at paragraph 114 the Commission once again applies international humanitarian law to the actions of IDF soldiers:
114. During armed conflict or occupation, international humanitarian law prohibits, inter alia, wilful killing and wilfully causing great suffering. Unless undertaken lawfully in self-defence, intentionally killing a civilian not directly participating in hostilities is a war crime. The commission found reasonable grounds to believe that individual members of the Israeli security forces, in the course of their response to the demonstrations, killed and gravely injured civilians who were neither directly participating in hostilities nor posing an imminent threat.

I see the Commission is content to cite, but not apply the law, as a standard, when drawing conclusions.

At paragraphs 68, 71, 74 and 76 the Commission claims that IDF soldiers "intentionally shot" children, health workers, journalists and those with disabilities "despite seeing that they were clearly marked as such" or "were recognizable as such".

But how did the Commission determine the intent of the IDF soldiers? And how did the Commission determine what information was known to the soldiers at the time of each incident?
 
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4bars

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What this report means for Israel. Is the UN planing to sanction Israel?
 

Irish Jet

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The Commission's legal analysis is unclear.

At paragraph 12 the Commission claims Israel is bound by the rules of occupation. But Gaza is not occupied by Israel.



And which legal framework is the Commission applying? At paragraph 12 the Commission cites international humanitarian law:



At paragraph 32 the Commission claims international human rights law is applicable:



Yet at paragraph 114 the Commission once again applies international humanitarian law to the actions of IDF soldiers:



I see the Commission is content to cite, but not apply the law, as a standard, when drawing conclusions.

At paragraphs 68, 71, 74 and 76 the Commission claims that IDF soldiers "intentionally shot" children, health workers, journalists and those with disabilities "despite seeing that they were clearly marked as such" or "were recognizable as such".

But how did the Commission determine the intent of the IDF soldiers? And how did the Commission determine what information was known to the soldiers at the time of each incident?
What do you think the intent was when Children were shot?

Self defence?
 

Super Hans

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And how did the Commission determine what information was known to the soldiers at the time of each incident?
Well Israel, of course, had the opportunity to cooperate with the independent investigation and provide its own evidence. It declined. Probably too much audio of soldiers competing over who could blow off the next kneecap.
 

Charlie Foley

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The UN has consistently considered Gaza occupied:

https://web.archive.org/web/2012050...ssg/hilites/hilites_arch_view.asp?HighID=2059

GAZA STRIP CONTINUES TO BE REGARDED AS PART OF OCCUPIED PALESTINIAN TERRITORY


  • Asked about the status of Gaza, the Spokesperson said that under resolutions adopted by both the Security Council and the General Assembly on the Middle East Peace Process, the Gaza Strip continues to be regarded as part of the occupied Palestinian Territory. He said the United Nations would accordingly continue to refer to the Gaza Strip as part of the occupied Palestinian Territory until such time as either the General Assembly or the Security Council take a different view.

In terms of IHL v IHRL:

19 “[T]he Court considers that the protection offered by human rights conventions does not cease in case of armed conflict, save through the effect of provisions for derogation of the kind to be found in Article 4 of the International Covenant on Civil and Political Rights”, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion of 9 July 2004, ICJ reports 2004. See also Human Rights Committee, General Comment 31, para11: “[T]he Covenant applies also in situations of armed conflict to which the rules of international humanitarian law are applicable. While, in respect of certain Covenant rights, more specific rules of international humanitarian law may be especially relevant for the purposes of the interpretation of Covenant rights, both spheres of law are complementary, not mutually exclusive.” General Comment 31: The Nature of the General Legal Obligation Imposed on States Parties to the Covenant.
https://www.amnesty.org/download/Documents/48000/mde150072009en.pdf


Both human rights law and humanitarian are listed under applicable law. There is also considerable literature on whether these are indeed distinct or whether one is a subset of the other but that’s another day’s discussion.

As for their writing on intent. I would like another sentence in a few of their paragraphs. However, as they are stating reasonable grounds of belief, my guess would be the age of some children (11) and the clothing of medical personnel, journalists etc. made it reasonable for them to conclude IDF knew whom they were shooting when they shot those people.

IDF’s response in the tweet suggests a number of alternatives-ricocheted bullets, poor shots, smokescreens and low visibility (personally I find the notion of a chaotic free for all the best defence but the Commission evidently found it was still clear who certain people were when shot.)

Interestingly IDF’s response seemed to be “we don’t intentionally shoot minors or medical personnel of journalists but sometimes the medical personnel are acting suspiciously so we do and sometimes the minors are terrorists so we do.” At least with the journalists they keep up the accidental line (saying they get in the way) but I found the following extract surprising as it appears to break from the “accidental/unintentional” narrative:

In some cases, medical personnel have also been observed undertaking activities that give rise to concern about their contribution to the dangers posed by the events.

With regards to minors, including the very young, there is clear visual evidence that in many instances they have been used to deploy tools and objects for use in the violent riots and to act as shields for those encroaching on the border infrastructure. Some minors have also been active in the immediate vicinity of the border infrastructure. Different terrorist organizations in Gaza have publicly stated that some of these minors – typically 16 or 17 years of age – have been operatives in their organizations.
With this paragraph in mind I’m not sure questioning “how could they possibly know of intent “ would be my line, as it’s immediately undermined greatly by IDF’s own statement. I’d be more inclined to try and argue those shot were behaving as IDF states above (not that that’s a winning argumemt either in my opinion but at least it’s consistent with the party line).
 

Super Hans

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With this paragraph in mind I’m not sure questioning “how could they possibly know of intent “ would be my line, as it’s immediately undermined greatly by IDF’s own statement. I’d be more inclined to try and argue those shot were behaving as IDF states above (not that that’s a winning argumemt either in my opinion but at least it’s consistent with the party line).
:lol: You seem to be familiar with Chairman Woodie
 

berbatrick

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Rather have Saudi owners than the Glazers who fund Israel arms.
What the Saudis have unleashed in Yemen is no better, in many ways worse, than what Israel does. That is without getting into their long-standing worldwide funding for conservative Islam (undermining local traditions) and their domestic policies.
OTOH, the Glazers are also Trump supporters :lol:
 

Chairman Woodie

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In terms of IHL v IHRL:

https://www.amnesty.org/download/Documents/48000/mde150072009en.pdf


Both human rights law and humanitarian are listed under applicable law. There is also considerable literature on whether these are indeed distinct or whether one is a subset of the other but that’s another day’s discussion.

As for their writing on intent. I would like another sentence in a few of their paragraphs. However, as they are stating reasonable grounds of belief, my guess would be the age of some children (11) and the clothing of medical personnel, journalists etc. made it reasonable for them to conclude IDF knew whom they were shooting when they shot those people.

IDF’s response in the tweet suggests a number of alternatives-ricocheted bullets, poor shots, smokescreens and low visibility (personally I find the notion of a chaotic free for all the best defence but the Commission evidently found it was still clear who certain people were when shot.)

Interestingly IDF’s response seemed to be “we don’t intentionally shoot minors or medical personnel of journalists but sometimes the medical personnel are acting suspiciously so we do and sometimes the minors are terrorists so we do.” At least with the journalists they keep up the accidental line (saying they get in the way) but I found the following extract surprising as it appears to break from the “accidental/unintentional” narrative:



With this paragraph in mind I’m not sure questioning “how could they possibly know of intent “ would be my line, as it’s immediately undermined greatly by IDF’s own statement. I’d be more inclined to try and argue those shot were behaving as IDF states above (not that that’s a winning argumemt either in my opinion but at least it’s consistent with the party line).
I don't dispute the material you have posted on IHL v IHRL.

I was simply highlighting the lack of clarity in the Commission's legal analysis. On one hand, the Commission states at para. 32, having regard to the context and circumstances, the legal framework applicable is International Human Rights Law. On the other hand, the Commission applies International Humanitarian Law throughout the Report.

On the latter point, I was highlighting and criticising a methodological shortcoming in Report, not defending the IDF. But thanks for the post nonetheless.
 

Charlie Foley

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I don't dispute the material you have posted on IHL v IHRL.

I was simply highlighting the lack of clarity in the Commission's legal analysis. On one hand, the Commission states at para. 32, having regard to the context and circumstances, the legal framework applicable is International Human Rights Law. On the other hand, the Commission applies International Humanitarian Law throughout the Report.

On the latter point, I was highlighting and criticising a methodological shortcoming in Report, not defending the IDF. But thanks for the post nonetheless.
...and thus ends the most polite exchange this thread has ever seen :lol:
 

Todd

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Yeah, there's a word of that: apartheid

As an American, I am very disgusted that my government is such a strong supporter of what Isreal does, and I am in the minority in that regard, which is disgusting.
 

Carolina Red

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Yeah, there's a word of that: apartheid

As an American, I am very disgusted that my government is such a strong supporter of what Isreal does, and I am in the minority in that regard, which is disgusting.
And god forbid you speak out about the wrongs Israel commits, you’ll cause an act of Congress. Average Americans can’t separate Jewish people from the State of Israel.
 

Todd

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And god forbid you speak out about the wrongs Israel commits, you’ll cause an act of Congress. Average Americans can’t separate Jewish people from the State of Israel.
EXACTLY

You're immediately castigated for being an anti-semite even though you're not critiquing a people but the actions of a governing body.
 

Amir

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I'm in despair of the leaders of my country and of the people who continue to vote for them. And will vote for them next month as well, in spite of them being corrupt, rarely able to tell the truth, and in some case total idiots.

I'm much in agreement with @adexkola, @Todd and @Carolina Red about how ridiculous it is that you can't criticize Israel without being declared anti-semite. You are either in full agreement with us or you're the enemy. By the way, it's also relevant to everyday life within Israel. Netanyahu has managed to turn the left into an almost forbidden word, automatic traitors. A big part of his campaign is claiming that if he loses, the coalition that will form without him will include the arab parties, as if there's anything wrong with that (the arab parties have never been a part of the government here). And it will work. Again. Israel is a racist country, still divided even within its jewish citizens based on the area from which they or their families originated from.

There's so much more I can add, but I really don't have the strength. I have little hope that it's going to change. Well, unless Netanyahu is actually indicted and ends up going to jail, but by the time that happens he'll tear this country apart.
 

Synco

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Not a big fan of tagging someone without referring to anything that someone has actually posted, tbh. But until you indicate otherwise, I treat this as a matter of genuine interest (for whatever reason) in what I have to say. That said, there are certainly posters who know a whole lot more about Israeli society, one has already answered.

But if you're interested anyway, I have posted something on this particular issue before:
https://www.redcafe.net/threads/recommend-your-longform-reads.431148/page-2#post-23755186

...or on Jewish/Israeli right wing ideology in general (here the US version). That discussion had a slightly different emphasis, but my fundamental views are in there:
https://www.redcafe.net/threads/peterson-harris-etc.433791/page-70#post-23756217
https://www.redcafe.net/threads/peterson-harris-etc.433791/page-70#post-23757344

So I guess my basic attitude towards Netanyahu's words and the agenda of the Israeli right can be deduced from that.
 

2cents

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Sorry, I'm taking a little breather from posting on here at the moment. I'd just say that, taken in isolation, what Netanyahu said is simply a rather blunt way of affirming Israel's raison d'etre (this article I previously posted approvingly on the Cafe details the various implications). However it is considerably more sinister given the question he was responding to and the current electoral context, i.e. his general anti-Arab rhetoric and legitimization of the Kahanists. So it was good to see Rivlin scold him over it, and even better to see that the Supreme Court has today banned Ben-Ari from running (while approving the Arab Raam-Balad party).
 

berbatrick

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amazing/bizzare series of events it seems

Hamas security forces in the Gaza Strip violently suppressed demonstrations by hundreds of Palestinians who took to the streets across the Strip on Thursday and Friday, protesting the deteriorating economic situation under its rule. An independent Palestinian source estimates that some 500 people were held in detention on Saturday evening, after some detainees had been released.

Demonstrations were dispersed with live fire into the air, clubs, metal rods and pepper spray, Palestinian human rights organizations said. They reported journalists, some of whom were beaten and detained, were forbidden from documenting the demonstrations and had their phones confiscated, but some women watching the demonstrations from their homes documented the events.
Israel's Top Court Bans Kahanist Leader From Election Run, Okays Arab Slates, Far-left Candidate
Court reversed the Knesset election committee's decision, which had approved Michael Ben Ari and disqualified Balad-United Arab List and Hadash's Ofer Cassif ■ For first time in Israeli history candidate, not list, is banned
 

Sir Matt

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In case it was unclear that Bibi has no intentions of allowing for a two state solution...
 

2cents

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His biographer:


But even if this is the case, the one may still end up leading to the other.
 

Synco

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His biographer:


But even if this is the case, the one may still end up leading to the other.
Yes, it's part of the basic logic of populist politics. Even if all these shifts aren't intended to translate into serious action right away, they erode existing standards little by little. It will have a long term effect.
 

2cents

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For what it’s worth some Hebrew speakers are saying the headlines are a bit overstated:


 

Adisa

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In any case, looks is Israel is about to shift significantly to the right.
 

Drifter

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US Threatens Ireland Over Israel Boycott & Netanyahu’s Slide Towards ‘Jewish Fascism’