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WAR CRIMES CHARGES AGAINST ISRAEL AND HAMAS MUST PROCEED

The findings of a UN investigation team in relation war crimes committed by both Israel as well as Hamas make interesting reading in terms of what may result if the International Criminal Court ever gets to proceed with laying charges against individuals.

The findings allege that the Israel military participated and instigated indiscriminate killings of Palestinians, the IAF (Israeli Air Force) dropped illegal munitions upon populated areas with the full knowledge of the military hierarchy as well as Government Ministers, while on the other side of the coin, the report stated that Hamas illegally activated and launched unguided rockets upon Israeli populated areas.

The report details incidents, dates, times, locations and offences committed in minute detail all of which would more than provide substantial evidence in an International Court of Law.

The problem for Israel is that any charges would involve current Government Ministers and officials as well as current military commanders while in the Hamas case, charges could well involve some of its leadership.

Regardless of the obvious logistical difficulties, I am of the view though that charges must be brought and proceeded with for a number of reasons.

In the Israeli case, it would prove that Israel is not above the provisions of International Law and that it cannot forever do as and when it pleases within the region.

Prosecutions in this case would also open the doors for other court actions in relation to a host of human rights abuses, crimes against humanity, and breaches of the Geneva Convention all in relation to Israel's treatment of Palestinians as an occupier of Palestinian lands, remembering that any continuing of such an occupation post 1967 is in effect to hold onto and to encourage theft.

In other words, anything that Israel gained and still hangs onto post 1967 in terms of territory can be deemed to be an illegal occupation as well as being stolen property.

Given Israeli conduct since 1967, with more than a little help from various US administrations, I think that utilising the 'rough and ready' military approach against the Palestinians and breaching all sorts of International Laws and conventions, the various successive Israeli Governments have besmirched the legacy of the 6 million Jewish people who died during WW2.


Golan Height
The best thing Israel could now do is to withdraw behind pre-1967 lines and start serious negotiations with the Palestinians and other Arab states, handing the Golan Heights back to Syria in the process.

In the case of Hamas things are rather interesting remembering that Hamas actually won an election in the occupied territories, an election that the then Bush administration and other countries chose not to recognise as it did not suit their objectives at the time.

For Hamas to once again gain some legitimacy and credibility it may care to permanently cease lobbing rockets over the Israeli border into populated areas and work towards a pre-1967 Israeli withdraw either though negotiations or through becoming a legitimate liberation movement. However, I think Hamas has a case to answer in relation to the events as detailed within the report.

I think though that charges against individuals concerned from both sides must now proceed.
Like it or not,

My name is Henk Luf.
And That's the way it is.






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Henk says on 2009-10-15 07:18:48 about war crimes
In relation to Rolene's comments.
Indeed Israel has a right to defend itself but not with illegal ordinace i.e weapons that are not allowed to be used in populated areas. While Israel may well have disengaged from Gaza, it still occupies large slices of Palistinian territory, illegally, and has constructed settlements within such occupied territory, illegally.
One may also well find that once Israel hands back the Golan Heights to its rightfull owners, Syria, that the support towards Hamas may well substantially deminish.
Also, as I mentioned in my editorial piece, my recommendation for war crimes charges to be brought applies to both Israel as well as Hamas.
One may also find that once Israel begins negotiations on the basis of handing back all post-1967 occupied territory, it may well find that its neighbours may also be willing to negotiate and so allow Israel its own existance within the region.
In relation to the war crimes I would say this, and it applies to both Israel as well Hamas. Just because you have weapons, be they unguided rockets or munitions dropped from aircraft, never does that mean that you can do what you like with them.










Sorcaress says on 2009-10-15 07:16:42 about Just a few points
Who mentioned occupation or Hamas genocidal charter? Illegal bombing maybe, and yes Hamas does need to stop firing rockets, but Israel also needs to recognise Gaza. Then Israel also needs to give back the lands it stole. And all who have committed war crimes should be brought to justice.










Rolene says on 2009-10-15 05:49:45 about
Just a few points:
Israel disengaged from Gaza so where is the occupation?
Hamas are STILL firing rockets into Souther Israel.
Hamas genocidal charter? Where is the pressure on them to change the wording and accept Israel as a sovereign state?
ISRAEL HAS A RIGHT TO SELF DEFENCE!










HC says on 2009-10-14 06:02:14 about War crimes
Correct once again.
The days of Israel doing as and when it pleases are over. Israel should now negotiate the return of stolen lands and property and, as Mr Luf said, withdrawn behind its pre-1967 lines. It will be the one and only way for the region to ascertain a lasting Middle-East peace.









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