Discussion Topic |
|
This thread has been locked |
philo
Trad climber
Somewhere halfway over the rainbow
|
|
|
Jun 25, 2010 - 01:14pm PT
|
Latest update 20:08 10.06.10
In defense of dignity and freedom
After 43 years of occupation, Israel has lost the right to be called a state of law
By Ilana Hammerman
Not long ago, a foundation by the name of The Legal Forum for the Land of Israel asked the attorney general to open a criminal investigation against me for violating the Law of Entry to Israel because I took three Palestinian young women out for a day of fun in Tel Aviv ("If there is a heaven," Haaretz Magazine, May 7 ).
Ilana Hammerman with a Palestinian girl in Tel Aviv.
I am not a jurist nor am I well versed in criminal law. But as an ordinary citizen who is required to respect the laws of her country, I consider myself entitled, even obligated, to examine - including by means of common sense - the justice and morality of the laws that apply to me, and particularly with respect to other people who are subject to the laws of my country. It is on this basis that in recent years I have violated some of the laws of the State of Israel, and publicly announced that I was doing so.
I did not do this in rash defiance, but rather after much thought. Out of a need, that has become ever more pressing in the last years, to raise certain essential issues for in-depth public discussion in Israeli society - a discussion that will not relent when it comes to the word "law." Because a law formulated by political authorities should never be sanctified, anywhere. Not even in regimes that were elected by the votes of a majority of their citizens. The law must continually be reexamined. Indeed, we Jews know better than anyone how the road to the human abyss is paved with evil legislation that was properly enacted and accepted by the majority.
This discussion is necessary not only because of bitter experience, and in the name of justice and common sense, but also because of the basic knowledge that every citizen of a democratic state is obliged to possess, concerning both national and international laws.
The essential things that I believe must be discussed all have to do with Israel's military control of the territories, which were conquered in war 43 years ago, and with the hundreds of laws and injunctions that have derived from, and have been legislated by virtue of this control.
The Basic Law: Human Dignity and Freedom was enacted in Israel in 1994. It includes the following stipulations: There shall be no violation of the life, body or dignity of any person; there shall be no violation of the property of a person; there shall be no deprivation or restriction of the liberty of a person by imprisonment, arrest, extradition or otherwise; all persons have the right to privacy and to intimacy; there shall be no entry into the private premises of a person who has not consented thereto; and, all persons are free to leave Israel.
All of these rights are denied the civilian Palestinian population living in the occupied territories under Israeli military control: Their lives, dignity and property are violated; their privacy and intimacy is not respected; and their private premises are entered without their consent. But, above all, their liberty is restricted: They are not free to leave their country, to move within it or to choose their place of residence at will. They are denied their liberty by arrest and imprisonment. Indeed, since 1967, approximately 800,000 Palestinians have been arrested and imprisoned for various periods of time by the Israeli military jurisdiction to which they are subject.
All of these restrictions and violations of rights - compounded by confiscation of land, checkpoints, fences and walls, and a truly labyrinthine bureaucracy surrounding receipt of entry and exit permits - all of this leads to serious violations of another human right promised to citizens and residents of Israel: "the right to engage in any occupation, profession or trade," which is enshrined in the Basic Law: Freedom of Occupation (1992 ).
How, for example, can a Palestinian farmer engage in his livelihood if all his land has been seized for the purpose of building and expanding an Israeli settlement? How can a Palestinian construction worker engage in his profession if his workplace is in Israel and the closures that are continually imposed on the occupied territories deprive him of the possibility of getting there? How can hundreds of thousands of other laborers "engage in any occupation" if there is no job market in the areas where they live, and the Law of Entry to Israel prevents them from getting to places where there is employment?
The Knesset has bestowed upon these two basic laws supra-legal status - meaning the courts have the authority to nullify any law that contravenes them. Section 12 of the Basic Law: Human Dignity and Liberty states: "This basic law cannot be varied, suspended or made subject to conditions by emergency regulations; notwithstanding, when a state of emergency exists, by virtue of a declaration under section 9 of the Law and Administration Ordinance, 5708-1948, emergency regulations may be enacted by virtue of said section to deny or restrict rights under this basic law, provided the denial or restriction shall be for a proper purpose and for a period and extent no greater than is required."
Having read this section very carefully, I reserve the right and duty to use common sense and to say that 43 years, and thousands of dead and crippled and hundreds of thousands of arrestees, do not fit the definition of a "proper purpose" or "for a period and extent no greater than is required."
I have the right and duty to know the conventions of international humanitarian law that apply to a country that holds territory by virtue of military conquest - and which are intended to protect the civilian populations of such territories - and to conclude from this knowledge that the State of Israel is violating key sections of those conventions.
Specifically, the state is permitting its citizens to settle in territories that it conquered; appropriating private land in these territories for its own needs and those of its citizens; destroying the assets of individuals, and of groups and authorities in these territories; and trying the residents of these territories in courts located within its own borders, and holding them in prisons within its territory, in contravention of the regulation stipulating that they be arrested and tried within the bounds of their occupied land. And above all: The state is persistently and systematically, in contravention of the international conventions, employing collective punishment against a civilian population.
On the basis of these facts, which do not require any legal expertise to understand, one can say that Israel has lost the right to be called a state of law. It has also to a large extent lost the right to be called a democratic state. Because the principle of democracy does not accord with a situation in which about seven million citizens who enjoy the right of free election can determine the fate of the lands and lives of about four million people whose liberties and civil rights are denied them by virtue of military control.
This is what must finally be debated in a frank manner in the State of Israel: Is Israel truly a state of law? Is it truly a democracy? Is it truly a state in which the basic rights of the person in it "are founded upon recognition of the value of the human being, the sanctity of human life, and the principle that all persons are free," as stated in the opening section of the Basic Law: Human Dignity and Liberty?
Furthermore, if it is not a democratic state or a state of law, what is the red line beyond which we can no longer continue to respect its laws and regulations without betraying our conscience, which requires us, just as the Basic Law of our country says, "to defend human dignity and liberty" - that is, the human dignity and liberty of every person, and not just the Jewish or Israeli person?
|
|
philo
Trad climber
Somewhere halfway over the rainbow
|
|
|
Jun 25, 2010 - 02:04pm PT
|
No evil one the issue is Israel's protracted and illegal occupation of the Palestinian Territories. The situation is intractable and is even against Israeli law. I fear nothing will be resolved until the radical orthodox and fundamentalist Zionists renounce their long held sacred agenda to create the Kingdom of Greater Israel. That is the problem. You are right about the Palestinians being pawns. But it is Israel who controls the chess board.
edited to add;
Sorry that the suffering of millions bores you.
But, check your facts, the German Jew relief ship has more than two Jews,
And this first hand report that I posted is just a single example of the daily Israeli treatment of the "Others". Unlike the Black Jack Pershing in the Philippines or Teddy Roosevelt in Morocco fantasies you try to promote as real this woman's report IS real.
It is pretty cut and dry that Israeli policy in the Occupied Territories is not only illegal under International Law but Israeli Law as well.
|
|
TGT
Social climber
So Cal
|
|
|
Jun 25, 2010 - 08:37pm PT
|
**Make all tubes ready!
Fire one!**
Could end up being an interesting weekend.
ME war tensions mount over Gaza-bound "enemy ships." Hizballah pledges reprisal
DEBKAfile Exclusive Report June 24, 2010, 1:11 PM (GMT+02:00)
Tags: Enemy vessels Gaza blockade Hizballah Lebanese PM Hariri
The stop-go Lebanese Julia
Ominous clouds gathered over the Mediterranean Thursday, June 24 after Israel announced that ships bound for Gaza would be deemed "enemy vessels" and halted by its navy by whatever means were necessary. Hizballah shot back with a threat of violent retaliation, while Israel's northern commander warned that the IDF was prepared to deal with threats from Lebanon by "appropriate means."
With two ships, one Lebanese and one Iranian, already at sea, the Lebanese Prime Minister Saad Hariri was reported by debkafile's intelligence sources as coupling his public support for the sea campaign to break Israel's blockade of Gaza with a quiet bid to stall it.
He privately asked Cypriot President Demetris Christofias, Turkish Prime Minister Tayyip Erdogan, Greek Prime Minister George Papandreou and the Maltese Prime Minister Lawrence Gonzi to deny Lebanese ships bound for Gaza permission to drop anchor, refuel or load provisions at their ports, in order to prevent them from proceeding to Gaza.
Hariri explained that he feared the flotilla campaign to break the Israeli blockade would precipitate a new Middle East war.
Last week, the freighter "Julia," docked at the North Lebanese port of Tripoli was denied permission to head to Gaza Port. Refusing to be put off, the activists decided to sail first to Cyprus and then head for Gaza. Permission was granted by the Lebanese Transportation Minister Ghazi Aridi Wednesday, June 23.
On Thursday, June 24, Israel repeated its warning that ships trying to breach its blockade against the Gaza Strip would be deemed "enemy vessels." The Israeli Navy has been instructed to employ every available means to bar their access to Gaza's shore. Israel OC Northern Command Gen. Gadi Eizenkot said: "The Lebanese side is issuing threats against Israel and we are confident that the Israeli army is preparing to confront these threats in an appropriate manner."
He was referring to Hizballah's announcement: "We will not stand by idly if Israel attacks ships bound for Gaza. Detainees taken into Israeli custody (aboard those vessels) will be deemed prisoners of war who must be released.
As the climate over the Mediterranean heats up, two ships are either at sea or hours away from embarkation - the Julia from Lebanon and an Iranian ship, which is said to be making for the Suez Canal from the Persian Gulf port of Khorramshahr.
In his calls to the Greek, Turkish, Cypriot and Maltese leaders, the Lebanese prime minister admitted that the embarkation of the pro-Palestinian vessels from his ports violates US Resolution 1701 enforcing the Israel-Lebanon ceasefire which ended the 2006 war, but he was helpless to stop them because they were backed by powerful elements. Hariri did not say who they were, but they were understood to be Syria and Hizballah.
He stressed that more urgent issues confronted Beirut than the Gaza blockade, such as the Shaaba Farms on the Hermon slopes, which he said, "Hizballah only talks about liberating but has not fired a single shell." Hariri made it clear that by sponsoring the ships for Gaza, Hizballah is bringing Lebanon dangerously close to a clash with Israel.
Unlike the May 31 episode, when the activists who resisted Israel's raid of a Turkish ship to prevent if from reaching Gaza were unknown quantities, this time, on Thursday, Israeli intelligence sources released the identities of the ships' owners and the organizations mounting the expeditions.
The Lebanese "Julia" belongs to a Syrian shipping firm headed by a cousin of President Bashar Assad, who made it available to Hizballah for the challenge to Israel. The Lebanese flotilla effort is funded by a Palestinian by the name of Yasser Kashlak who, posing as a wealthy businessman, serves as Tehran's secret channel for remitting funds to Hizballah and Palestinian terrorist organizations, including Hamas.
Therefore, Israel's designation of these ships and those of Iran as enemy vessels meets the case.
From Washington, debkafile reports that when Israeli Defense Minister Ehud Barak met US Secretary of State Hillary Clinton on June 22, he voiced extreme concern about the Lebanese Prime Minister's inability to rein in Hizballah. Because of this, the situation in the region could rapidly deteriorate, said Barak.
Right after the meeting, the US issued a statement about the "aid" flotillas saying, "Direct delivery by sea is neither appropriate nor responsible, and certainly not effective, under the circumstances. There is no need for unnecessary confrontations, and we, along with our partners in the Quartet, call on all parties to act responsibly in meeting the needs of the people of Gaza."
|
|
dirtbag
climber
|
|
|
Jun 25, 2010 - 09:31pm PT
|
Funny how not one MSM picked up TGT's story last week about the Iranians hiding Bin Laden.
|
|
TGT
Social climber
So Cal
|
|
|
Jun 25, 2010 - 11:06pm PT
|
It doesn't fit the narrative.
|
|
dirtbag
climber
|
|
|
Jun 26, 2010 - 12:15am PT
|
Sure. Right. Because the media was so reticent about reporting all the exaggerated claims of Iraqi WMD back in 2003.
|
|
Mighty Hiker
climber
Vancouver, B.C.
|
|
|
Jun 28, 2010 - 03:57pm PT
|
So because Hamas won't let food into Gaza, American Jews won't visit Israel? I didn't know there was a hummus shortage!
|
|
philo
Trad climber
Somewhere halfway over the rainbow
|
|
|
Jun 28, 2010 - 04:19pm PT
|
Whinny blabbering? Holy Crap Fats, did you listen to the survivors? Did you hear how they kept at their stations even though critically wounded. It's pretty piss poor of you to dismiss this act of war and war crime as a simple mistake. I know that is the "official" version of the Israeli Government but the facts don't lie. Only the guilty and complicit lie.
But, nice effort at deflection, you are a pro at it
|
|
dirtbag
climber
|
|
|
Jun 28, 2010 - 05:05pm PT
|
philo,
I'm a master at spinning, I've taught a couple of the best Repub strategists.
Yeah, and just look at the great results:
McCain-lost
Poizner-lost
Pombo-lost.
Please keep it up Fatty.
|
|
philo
Trad climber
Somewhere halfway over the rainbow
|
|
|
Jun 28, 2010 - 05:18pm PT
|
Teach baby, teach.
Is our repubs lernin'?
|
|
philo
Trad climber
Somewhere halfway over the rainbow
|
|
|
Jun 28, 2010 - 06:34pm PT
|
"And Chavez wants to attack America with the help of the Arabs:"
Whoa now there's a leap of neo-con hope.
|
|
Douglas Rhiner
Mountain climber
Tahoe City/Talmont , CA
|
|
|
Jun 28, 2010 - 06:47pm PT
|
Jeff,
Only your one brown eye.....maybe.
|
|
philo
Trad climber
Somewhere halfway over the rainbow
|
|
|
Jun 28, 2010 - 08:59pm PT
|
Yep, that expains NuttyYahoo & Liberman.
|
|
philo
Trad climber
Somewhere halfway over the rainbow
|
|
|
Jun 28, 2010 - 11:25pm PT
|
Well that would depend on whether I was a Palestinian or a Jew now wouldn't it.
|
|
philo
Trad climber
Somewhere halfway over the rainbow
|
|
|
Jun 29, 2010 - 12:01am PT
|
It completely matters! And where do you get your info on the M.E.?
|
|
|
SuperTopo on the Web
|
Let us know!