Doc's Talk: Barack Obama vs. International Law

Friday, June 26, 2009

Barack Obama vs. International Law

Caroline Glick , THE JERUSALEM POST

US President Barack Obama consistently couches his demand that Israel prohibit Jewish people from constructing or expanding our homes and communities in Jerusalem, Judea and Samaria in legal-sounding language.
Obama has called settlements "illegitimate." And he has said that Israel "has obligations under the road map," while referring disparagingly to "settlements that, in past agreements, have been categorized as illegal."

Secretary of State Hillary Clinton and Obama's Middle East envoy George Mitchell have repeatedly uttered similar statements.

By characterizing its demand that Israel prohibit Jews from building homes in Israel's capital city and its heartland as a legal requirement, the Obama administration portrays Israel as an international outlaw. After all, if building homes for Jews is a crime, and Israel is not prohibiting Jews from building homes, then Israel is at best guilty of enabling a crime to take place, and at worst, it is a criminal state.

It makes good political sense for the Obama administration to make its case against Israel in this fashion. According to a survey of US public opinion published in early 2006 by the Boston Review, whereas only 7 percent of Democrats support going to war to spread democracy - versus 53% of Republicans; 71% of Democrats - versus 36% of Republicans - support going to war to help the United Nations "uphold international law." What this poll shows is that for Obama supporters, the idea that Israel should be treated poorly because it is in breach of international law resonates deeply.

The problem with the Obama administration's characterization of a ban on Jewish building in Jerusalem, Judea and Samaria as an Israeli legal obligation is that Israel has never taken upon itself a legal obligation to prohibit such building activities. Israel has never signed an agreement that has characterized any Jewish communities as "illegal."

Moreover, both former prime minister Ariel Sharon's chief of staff Dov Weisglass and former president George W. Bush's deputy national security adviser for the Middle East Elliot Abrams have gone on record stating that Sharon's much vaunted decision to curtail Jewish building in Judea and Samaria (never Jerusalem), in line with the road map negotiating framework, was based on a series of explicit understandings with the Bush administration that spelled out the scope of Jewish building that Israel would maintain for the duration of the peace process. As Abrams wrote on Thursday in The Wall Street Journal, "Not only were there agreements, but the prime minister of Israel relied on them..."

Then, too, since the road map was approved as a mere cabinet decision - as opposed to an international agreement - the Netanyahu government has no legal obligation to actively advance it. Indeed, if it wishes, it can abrogate Israel's acceptance of the document at any time simply by calling for another vote.

More importantly perhaps from the Obama administration's perspective is that the road map itself lacks the force of international law. Although it was adopted by the Security Council, it was not adopted as an internationally binding document under Chapter VII of the UN Charter. Consequently, Israel has no international legal obligation to end Jewish construction in Judea and Samaria or Jerusalem.

Like the US, Israel is a signatory to the 1976 International Convention for Civil and Political Rights, which among other things prohibits all forms of discrimination against people on the basis of religion and nationality.

Consequently, Israel is barred from discriminating specifically against Jews who wish to build homes on legally controlled lands in Judea and Samaria. As a binding treaty, this convention takes precedence over the nonbinding road map. Indeed, given the road map's prejudicial position on Jewish building it can be reasonably argued that the road map itself calls for a breach of international law.

Finally, there is always the claim made by Israel's critics that Jewish communities located beyond the 1949 armistice lines are illegal by dint of the Fourth Geneva Convention from 1949. That convention prohibits an occupying power from transferring parts of its population to occupied territory. Legal authorities have long disputed whether this convention is applicable to Judea and Samaria, but even if it is applicable, according to Prof. Avi Bell from Bar-Ilan University Law School, it "only proscribes state actions."

Bell explains, "The Fourth Geneva Convention does not purport to limit in any way what individual Jews may or may not do on their legally held property or where they may or may not choose to live."

WHEREAS UPON examination it is clear that the Obama administration is wrong in insinuating that Israel is in breach of its international legal commitments through its refusal to bar Jewish construction in Judea, Samaria and Jerusalem, the Obama administration's own policy toward the Palestinians places it in clear breach of both binding international law and domestic US law.

On September 28, 2001, the UN Security Council passed binding Resolution 1373. Resolution 1373, which was initiated by the US government, and was passed by authority of Chapter VII, committed all UN member states to "refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts." Resolution 1373 further required UN member states to "deny safe haven to those who finance, plan, support, or commit terrorist acts or provide safe haven" to those that do.

In 1995, the US State Department acknowledged that Hamas fits the legal definition of a terrorist organization. Today, due to its policies toward Hamas, the Obama administration is in breach of both Resolution 1373 - that is, of international law - and of US domestic law barring the provision of support and financing to foreign terrorist organizations.

According to an internal State Department document cited Wednesday by
the Atlas Shrugs Web site, the US has already transferred or is in the process of allocating $300 million dollars to Gaza through USAID and the International Committee of the Red Cross. Since Hamas controls "humanitarian" organizations in Gaza, and Hamas has openly and repeatedly stolen "humanitarian aid," there is little doubt the transfer of funds to Gaza constitutes indirect assistance to Hamas and is therefore prohibited by Resolution 1373 as well as by US statute.

The Obama administration is further in breach of international and domestic US law due to its attempts to coerce Israel into opening international passages between Israel and Gaza to enable trade and commerce with Hamas-controlled Gaza and to end or curtail travel restrictions for people between Gaza and Israel.

Resolution 1373 stipulates that all states must "prevent the movement of terrorists or terrorist groups by effective border controls." Given the fact that the Gaza side of the border is controlled by a terrorist organization, any significant relaxation of Israeli border controls puts Israel at risk of facilitating the movement of terrorists and permitting direct and indirect support to terrorists.

So too, Resolution 1373 requires all states to "ensure that any person who participates in the financing, planning, preparation or perpetuation of terrorist acts or in supporting terrorist acts is brought to justice." Yet rather than calling on Israel to arrest all persons working with Hamas and operating in its territory, the US itself pledged $900m. to rebuilding Gaza. Moreover, it is demanding that Israel allow the importation of dual use materials such as cement into Gaza which will enable Hamas to rebuild its infrastructures that were destroyed during Operation Cast Lead. It is also attempting to coerce Israel into transferring cash to Hamas-controlled banks in Gaza.

Then, too, as Dan Diker reported in a study published by the Jerusalem Center for Public Affairs, US-supported Palestinian Authority Prime Minister Salaam Fayad recently acknowledged that the US-financed PA continues to pay the salaries of Hamas terrorists.

Multiple news reports in recent days have indicated that the Obama administration is working to facilitate the establishment of a Palestinian government that will include Hamas. US efforts to legitimize the incorporation of a terrorist group in a Palestinian government are a severe violation of US and international law. This is the case since it would clearly involve aiding a designated terrorist organization and helping to provide it with a safe haven.

Hamas is not the only terrorist organization to which the Obama administration is providing assistance - again, in apparent breach of international and US law. The administration is also aiding Hizbullah. Ahead of his June 4 address in Cairo, Obama met with members of the Egyptian Muslim Brotherhood at the White House. He also invited members of the Muslim Brotherhood to be present at his speech at Cairo University.

Shortly before the White House meeting, Egyptian legal authorities alleged that the Muslim Brotherhood provided material support to Hizbullah terrorists in Egypt. These Hizbullah operatives - and their Muslim Brotherhood partners - were allegedly engaged in a plot to commit massive terrorist attacks in Egypt whose goal was the illegal overthrow of the government. That is, the Muslim Brotherhood was allegedly involved in a terrorist conspiracy led by Hizbullah - a designated foreign terrorist organization. Furthermore, the plot was apparently hatched by Iran - which the US State Department has designated as state sponsor of terrorism.

By meeting with representatives of the Muslim Brotherhood suspected of providing material support to a designated terrorist organization, Obama was arguably illegally providing indirect assistance to Hizbullah - again in breach of Resolution 1373 and US law.

Then there is the US's direct assistance to the Lebanese military. During the 2006 war between Israel and Hizbullah, the Lebanese military provided direct assistance to Hizbullah operatives in carrying out their illegal war against Israel. Since then, expanding Hizbullah influence over the Lebanese military has been copiously documented. Consequently, by providing direct US military assistance - including weapons - to the Lebanese military, the US government is arguably in breach of Resolution 1373 and US law.

GOING BACK for a moment to the Palestinians, Hamas of course is not the only terrorist organization that is materially assisted by the Obama administration's policies. As Itamar Marcus and Barbara Crook wrote in The Jerusalem Post last month, the US is financing the construction of a Palestinian computer center named for arch Fatah terrorist Dalal Mughrabi, who led the 1978 bus bombing on Israel's coastal highway in which 37 civilians, including 12 children and US citizen Gail Rubin, were murdered.

As Marcus and Crook note, the 2008 US Foreign Operations Bill bars US assistance to the Palestinians from being used "for the purpose of recognizing or otherwise honoring individuals who commit or have committed acts of terrorism."

Obama, the former law professor, never tires of invoking international law. And yet, when one considers his policies toward Israel on the one hand, and his policies toward illegal terrorist organizations on the other, it is clear that Obama's respect for international law is mere rhetoric. True champions of law in both Israel and the US should demand an end to his administration's contempt for the US's actual - rather than imaginary - legal obligations.

caroline@carolineglick.com

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This article can also be read at http://www.jpost.com /servlet/Satellite?cid=1245924931885&pagename=JPArticle%2FShowFull
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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.

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