Doc's Talk: The flotilla and the Third Intifada

Friday, July 01, 2011

The flotilla and the Third Intifada

Melanie's blog

Is a bunch of young Israeli lawyers working round the clock sustained only by Diet Coke, falafel and cigarettes about to pull off the legal equivalent of the Six-Day War?

Israel famously won that war before it even started by destroying the Egyptian air force on the ground. Now it’s beginning to look as if the Gaza flotilla of fools and fanatics may be holed below the waterline before it even sets off on its cynical and potentially murderous stunt. Is a bunch of young Israeli lawyers working round the clock sustained only by Diet Coke, falafel and cigarettes about to pull off the legal equivalent of the Six-Day War?

Israel famously won that war before it even started by destroying the Egyptian air force on the ground. Now it’s beginning to look as if the Gaza flotilla of fools and fanatics may be holed below the waterline before it even sets off on its cynical and potentially murderous stunt.

It was supposed to have sailed by now. Today, however, it was reported that it now may not set sail before next week. The main reason is a series of unprecedented and ingenious manoeuvres by Israeli lawyers which have tied up the boats in legal actions mainly concerning insurance and registration issues.

And I can reveal that a separate legal move today threatens fourteen of the flotillistas with arrest if they enter Israeli territorial waters.

Two Israeli soldiers in the reserves are seeking to bring a private prosecution against those activists who took part in the first Gaza flotilla -- and who are planning to take part once again in the current one -- for the crimes of assault and soliciting aid for an attack.

The fourteen comprise one person from Ireland, two from the US, one from Cyprus, two from England, two from Spain, one from Greece, two from the Netherlands, one from Norway, one from Sweden and one from Qatar. Separately, the captains of the flotilla boats also face the possibility of criminal charges from a similar attempt at a private prosecution.

In addition, the US Attorney General has threatened the 36 Americans on the flotilla that they will be liable for criminal prosecution if they sail.

Already, the number of flotillistas has been whittled down from 1500 to 350, and the number of boats from 15 to ten. Most of the credit should surely go to the Israeli activist law firm Shurat haDin which believes in bankrupting terrorism through a creative use of the law. Here are some of the legal challenges to the flotilla which Shurat HaDin has initiated with seismic effect.

* It sent letters to all the maritime insurance companies in Europe and Turkey, warning them that if they provided the flotilla boats with insurance (a necessary component in the effort to smuggle contraband to the terrorists) that they themselves would be legally liable for any future terrorist attacks perpetrated by Hamas.
* It filed an unprecedented lawsuit to seize the flotilla boats. The lawsuit was filed on behalf of an American terror victim injured by a Palestinian suicide bomber.
* It sent warning letters to a French insurance company warning it not to insure a boat that was to be launched from Marseilles. The company accordingly decided not to provide the French boat with insurance.
* After the main Turkish boat the Mavi Marmara pulled out of the flotilla, the New York Times reported that one reason (along with political pressure) was the boat’s inability to obtain maritime insurance.
* It sent warning letters to the UK and US based global satellite company INMARSAT, stating that it might be liable for massive damages and criminal prosecution if it provided communication services to ships used by suspected terror organizations in the flotilla. Then a resident of the southern Israeli town of Sderot filed a legal suit asserting that, under US law, Inmarsat was aiding and abetting terrorism by providing satellite services to the flotilla vessels.
* This week the New York Times reported that Greek authorities had detained two of the ships docked in Greece, including an American vessel, after Shurat haDin complained to the Greek Coast Guard suggesting that seven of the ships might be lacking insurance or were improperly registered.

For the flotilla is out to provoke violence and mayhem. The claim that its mission is a humanitarian one to relieve Israel’s ‘siege’ of Gaza is patently ludicrous. There is no siege. Israel allows in regular supplies, and Egypt recently opened its own Gaza border. No, the flotilla’s real aim by its illegal breaking of the legal maritime blockade of Gaza is to provoke Israel into violence against those on board so that they can pose as martyrs and will thus trap Israel into blackening its own image.

Yet however transparent the flotilla’s real purpose, the media are sanitising its true aims and potential for violence, as Just Journalism spells out here and here.

Well, the true aim was actually spelled out by Adam Shapiro, co-founder of the International Solidarity Movement and a board member of the Free Gaza Movement (which is behind the flotilla), at a meeting last November at Rutgers university in New Jersey to raise money to fund an American flotilla boat. I have obtained a video of this address: This is what Shapiro said:

What we’ve been doing over the last ten years with the International Solidarity Movement, Free Gaza, and all the other outgrowth organisations and movements and groups is to ...work with Palestinian society to ramp up the resistance. This is all part of a Palestinian movement for Palestine...This is truly an international movement ... It’s only Palestine, this cause that has been going on for over 60 years, that generates this kind of activism, this kind of resistance...

Free Gaza is but one tactic of a larger strategy, to transform this conflict from one between Israel and the Palestinians, or Israel and the Arab world...to one between the rest of the world and Israel... [applause]

It’s not just the conflict, it’s not just the siege, it’s not just the home demolitions, it’s not just the wall on the West Bank, it’s not just the effort to continue to dispossess Palestinians of their land...it’s also the attempt to define a place where 20 per cent of the population is Palestinian, to define the land underneath their feet as Jewish, to further dispossess them and subject these people to permanent second third or fourth class citizenship...Free Gaza is a tactic...all of it is part of a strategy now to transform the conflict and internationalise it and really undermine Israel where it gets its most support...

Our ground is the whole world. And that’s where our resistance has to be. The whole world... We already have a third intifada. It’s going on right now. It’s going on all over the world. [my emphasis]

So from the horse’s mouth we learn that the prime aim of the flotilla is not to provide humanitarian supplies to Gaza. It is not even to protest Israel’s ‘siege’ of Gaza. It is instead a tactic in a campaign to undermine Israel itself on account of its 60-plus year existence as a Jewish state. In other words, the flotilla is part of a strategy designed to destroy Israel altogether.

All decent people should hold their breath that Shurat haDin pull this one off, and turn ‘lawfare’ into a boomerang against the jihad and its nauseating fellow-travellers whose true aim is to exterminate the national homeland of the Jewish people.

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The IDF’s Minorities in Numbers and Pictures

In honor of IDF Diversity Week, we present diversity through numbers and pictures. Each year, more and more Muslims, Christians, Druze, Bedouin and immigrants from around the world take on the responsibility of defending Israel.

MUSLIMS:

Muslim Arab Israelis are not required to draft in the IDF, but there are many who volunteer. In 2013, there were over 200 Muslims serving in the IDF and over 300 in the reserves.

Bedouins:

Bedouins are nomadic Muslims who were in Israel when modern borders were set in place and are now considered Israeli citizens. They are not required to draft but a growing number choose to enlist. In 2012, there were over 1,400 Bedouin Muslim soldiers doing regular IDF service and almost 1,500 in the reserves.

Read more:http://www.idfblog.com/2014/02/27/truth-idf-numbers-pictures/#more-34027

Are you aware that in 2013, Middle class taxes go up-significantly?

In January of next year, the federal income tax rate for middle-class taxpayers is scheduled to rise from 25 percent to 28 percent, and the payroll tax is scheduled to rise from 13.3 percent to 15.3 percent… This drives the marginal tax rate based on the aforementioned three taxes to 48.12 percent. Add in state and local property, corporate, excise, and other state and local taxes, and the percentage of each additional dollar that is taxed hovers around 50 percent… When half of each additional dollar earned is taxed away, taxpayers experience a disincentive to start businesses or expand existing ones. This leads to fewer jobs being created.

Why is HAMAS Inside Tampa Schools?

Clare Lopez

Kelly Miliziano, who teaches history classes at Steinbrenner High School in the Tampa, Florida area apparently thinks it’s perfectly OK to invite a senior official of a HAMAS-affiliated organization into her classroom to discuss Islam with her students. According to local media reports, not only has this been going on for years, but in spite of the civil and criminal proceedings that could result from such reckless negligence, the Hillsborough County school superintendent, Mary Ellen Elia, and the chairman of the school board, Candy Olson, also expressed approval for students under their responsibility to be exposed repeatedly to guest speaker, Hassan Shibly, who is the Executive Director for the Council on American-Islamic Relations (CAIR) in the Tampa area.
More...

Did You Know... Ignoring the Call to Islam will Bring Jihad

‘Conquest through Da’wa [proselytizing] that is what we hope for. We will conquer Europe, we will conquer America! Not through sword but through Da’wa.’
-- Yousef al-Qaradawi , Muslim Brotherhood spiritual leader The Arabic word ‘Da’wa’ means the “call to Islam.” But do not think that Da’wa is the same thing as an invitation to an optional holiday event. The classical Islamic doctrine of jihad mandates that enemies must be given the opportunity to convert to Islam or pay the jizya tax before it is permissible to attack them.
Clare M. Lopez

Who is being discriminated-facts tell the truth

Religious bias

Hate crimes motivated by religious bias accounted for 1,409 offenses reported by law enforcement. A breakdown of the bias motivation of religious-bias offenses showed:

65.4 percent were anti-Jewish.
13.2 percent were anti-Islamic.
9.5 percent were anti-other religion, i.e., those not specified.
4.3 percent were anti-Catholic.
3.8 percent were anti-multiple religions, group.
3.3 percent were anti-Protestant.
0.5 percent were anti-Atheism/Agnosticism/etc.

http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2010/narratives/hate-crime-2010-incidents-and-offenses.

On March 31, 1977, the Dutch newspaper Trouw published an interview

with PLO executive committee member Zahir Muhsein. Here's what he said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct "Palestinian people" to oppose Zionism.

For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

In March 1977, Zahir Muhsein, a PLO executive, said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct Palestinian people to oppose Zionism."

"For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

The Arab Apartheid

Ben-Dror Yemini
In 1948, the Arab countries refused to accept the UN partition proposal and they launched a war of annihilation against the State of Israel which had barely been established. All precedents in this matter showed that the party that starts the war - and with a declaration of annihilation, yet - pays a price for it. Between 550,000 and 710,000 Arabs fled because of the war and a larger number of 850,000 Jews were expelled or fled from Arab countries (the "Jewish nakba").
Population exchanges and expulsions were the norm at that time, occurring in dozens of other conflict points and affecting about 52 million people. In all the population exchange precedents that occurred during or at the end of an armed conflict, there was no return of refugees to the previous region, which had turned into a new national state.
Only the Arab states acted completely differently from the rest of the world. Instead of assimilating the refugees, they crushed them despite the fact that they were their coreligionists and members of the Arab nation - instituting a regime of apartheid. So the "nakba" was not caused by the actual dispossession, which had also been experienced by tens of millions of others. The "nakba" is the story of the apartheid, oppression, abuse and denial of rights suffered by the Arab refugees at the hands of the Arab countries. (Maariv)

International Law and Military Operations in Practice - Col. Richard Kemp

"Islamist fighting groups study the international laws of armed conflict carefully and they understand it well. They know that a British or Israeli commander and his men are bound by international law and the rules of engagement that flow from it. They then do their utmost to exploit what they view as one of their enemy's main weaknesses. Their very modus operandi is built on the correct assumption that Western armies will normally abide by the rules, while these insurgents employ a deliberate policy of operating consistently outside international law. "

Lost Historical Moments

What Rabin’s last Knesset speech really said:repudiation of a Palestinian state

Rabin ruled out a fully sovereign Palestinian state :

“We view the permanent solution in the framework of State of Israel which will include most of the area of the Land of Israel as it was under the rule of the British Mandate, and alongside it a Palestinian entity which will be a home to most of the Palestinian residents living in the Gaza Strip and the West Bank. We would like this to be an entity which is less than a state, and which will independently run the lives of the Palestinians under its authority.”

Rabin ruled out a total withdrawal from Judea and Samaria and thus a return to the pre-June 1967 borders :

“The borders of the State of Israel, during the permanent solution, will be beyond the lines which existed before the Six Day War. We will not return to the 4 June 1967 lines.”

Rabin ruled out withdrawing form the Jordan Valley:

“The security border of the State of Israel will be located in the Jordan Valley, in the broadest meaning of that term.”

Rabin ruled out uprooting settlement blocs, like the Gush Katif bloc in Gaza (which was subsequently uprooted by former Prime Minister Ariel Sharon):

“The establishment of blocs of settlements in Judea and Samaria, like the one in Gush Katif.

AND

Rabin ruled out removing any settlement before coming to a full peace agreement with the Palestinians:

“I want to remind you: we committed ourselves, that is, we came to an agreement, and committed ourselves before the Knesset, not to uproot a single settlement in the framework of the interim agreement, and not to hinder building for natural growth.”

Rabin insisted on Israel retaining full security control of the borders with Egypt and Jordan, contrary to Israel’s relinquishment of the Philadelphia Corridor on the border with Egypt:

“The responsibility for external security along the borders with Egypt and Jordan, as well as control over the airspace above all of the territories and Gaza Strip maritime zone, remains in our hands.”

Correcting Oslo Myths-Part 2

3) Kuttab laments that the post-1993 Oslo process resulted in a Palestinian Authority "whose ministers and legislators are not guaranteed passage between Gaza and the West Bank ...."

Before free passage or other perquisites, PA leaders were obligated, among other things, to eliminate the terrorist infrastructure in the West Bank and Gaza Strip, end anti-Israeli, antisemitic incitement in schools, mosques, and communications media, and resolve all outstanding issues through peaceful negotiations. They met none of these commitments, sometimes bolstering terrorism and greatly increasing incitement.

4) Kuttab complains that under Oslo the PA got "lightly armed police ---- but no real sovereignty over the land or contiguity between our communities in Gaza and the West Bank."

Oslo agreements repeatedly were revised, regardless of Palestinian non-compliance, until the authorized number of police grew from 8,000 to 40,000. Though they were to be the only armed forces in the territories, Israeli estimates early in the second intifada put the number of gunmen - police, "security services," terrorists, and armed gangs - at 85,000. Their armament reportedly included not only heavy machine guns and rocket-propelled grenades, but also anti-tank and anti-aircraft missiles.

Sovereignty was to be negotiated in the envisioned 1998 "final status" talks - after a five-year period of confidence-building. Palestinian leadership chronically undermined the process. Palestinian terrorism made the 1993 - 1998 Oslo period more deadly for Israelis than the 15 years preceding it.

The United States doesn't have contiguity between the lower 48 states and Alaska and Hawaii; territorial contiguity between the West Bank and Gaza Strip - that is, through the 20 miles of Israeli territory between them - was never promised and would destroy Israeli contiguity.

5) "Palestinians have been made to endure hundreds of checkpoints in the West Bank, an eight-foot wall deep in our territories, and tight Israeli control over borders."

The security barrier is not "deep in Palestinian territories," but rather encompasses less than 8 percent of Judea and Samaria, and is mostly a fence, rarely a wall; the land in question is not "our [Palestinian] territories" but disputed territory to which, according to the authors of U.N. Security Council Resolution 242, Jews as well as Arabs have claims; and there are no international borders, only the 1949 armistice lines with Jordan. Under 242, borders remain to be negotiated. As for checkpoints - like the security barrier and "tight Israeli control" - Palestinian Arabs precipitated these measures themselves. No terrorism and there would be no fence or tight Israeli control and few checkpoints - like before the first intifada.

Correcting Some Oslo Myths

1) In Oslo "Israeli, Palestinian and other world leaders promised that ... Palestinian sovereignty would be solidified."

No, they didn't. The 1993 Declaration of Principles and subsequent Oslo agreements outlined a process by which final status negotiations about the West Bank and Gaza Strip would be reached. The process required an end to anti-Israel terrorism and incitement and a commitment to peaceful negotiations. The PA, Fatah, Hamas, Islamic Jihad, the Popular Front for the Liberation of Palestine, and other terrorist groups, sabotaged the process from the start.

2) "The reality is that, in defiance of U.N. Security Council Resolution 242, which states that it is inadmissible to occupy land by force, Palestinian territories are still under foreign military occupation."
Wrong again. Resolution 242 (1967) does note "the inadmissibility of the acquisition of territory by war." It also affirms the right of every state in the area "to live in peace with secure and recognized boundaries free from threats or acts of force." There were no "Palestinian territories." Jordan occupied the West Bank, Egypt controlled Gaza. Israel did not have "secure and recognized boundaries," so retention of some of those territories was possible under 242. Israel is not a "foreign" military occupier in the West Bank but, pending final negotiations, the lawful military administrator as a result of a successful war of self-defense.

Doc's Talk