Posted by: zanshin, 2008-08-17 04:52

Claim

Is Israel a violator of international law?

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Background and Context


Issue: Is Israel a violator of international law?


Evaluation of this Claim


      Criterium : Value            
About: Truth Level
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Truth Level :
X-High       
About: Confidence
The level of confidence you have in your valuation of the above criterion: truth.
Confidence:
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Argument Tree

Vieuw in Silverlight

Issue: Is Israel a violator of international law?
Standpoint: Yes, Israel is a violator of international law >>
Israel's refusal to allow the Palestinian refugees back is a violation of international law
Israel's refusal to allow the Palestinian refugees back is a violation of international law >>
See corresponding sub-map
>>
Israel's occupation of Palestinian land is illegal under international law
Israel's occupation of Palestinian land is illegal under international law >>
See corresponding sub-map
>>
The way Israel treats Palestinian civilians is a violation with international law
The way Israel treats Palestinian civilians is a violation with international law >>
See corresponding sub-map
>>
Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) are in breach of international law >>
See corresponding sub-map
>>
Israel's security wall is illegal
Israel's security wall is illegal >>
See corresponding sub-map
>>
The (above) actions of Israel are against International Law
For example: >>
Genocide: as defined by Article 2 of the UN Genocide Convention
"In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such: a) Killing members of the group; b) Causing serious bodily or mental harm to members of the group; c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; d) Imposing measures intended to prevent births within the group; e) Forcibly transferring children of the group to another group." -- "genocide" as defined precisely by Article 2 of the UN Genocide Convention (see: http://www.edwebproject.org/sideshow/genocide/convention.html ): >>
Articles 55 of the Geneva Convention relative to the protection of Civilian Persons in Time of War
To the fullest extent of the means available to it the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate. The Occupying Power may not requisition foodstuffs, articles or medical supplies available in the occupied territory, except for use by the occupation forces and administration personnel, and then only if the requirements of the civilian population have been taken into account. Subject to the provisions of other international Conventions, the Occupying Power shall make arrangements to ensure that fair value is paid for any requisitioned goods. The Protecting Power shall, at any time, be at liberty to verify the state of the food and medical supplies in occupied territories, except where temporary restrictions are made necessary by imperative military requirements. -- Articles 55 of the Geneva Convention relative to the protection of Civilian Persons in Time of War (see: http://www.unhchr.ch/html/menu3/b/92.htm ) >>
Articles 56 of the Geneva Convention relative to the protection of Civilian Persons in Time of War
To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring and maintaining, with the cooperation of national and local authorities, the medical and hospital establishments and services, public health and hygiene in the occupied territory, with particular reference to the adoption and application of the prophylactic and preventive measures necessary to combat the spread of contagious diseases and epidemics. Medical personnel of all categories shall be allowed to carry out their duties. If new hospitals are set up in occupied territory and if the competent organs of the occupied State are not operating there, the occupying authorities shall, if necessary, grant them the recognition provided for in Article 18. In similar circumstances, the occupying authorities shall also grant recognition to hospital personnel and transport vehicles under the provisions of Articles 20 and 21. In adopting measures of health and hygiene and in their implementation, the Occupying Power shall take into consideration the moral and ethical susceptibilities of the population of the occupied territory. -- Articles 56 of the Geneva Convention relative to the protection of Civilian Persons in Time of War (see: http://www.unhchr.ch/html/menu3/b/92.htm ) >>
Israel is a signatory of the 1984 United Nations Convention Against Torture. >>
Israel has ratified the International Convention on the Elimination of All Forms of Racial Discrimination. >>
Israel has ratified the International Covenant on Economic, Social and Cultural Rights. >>
Israel has ratified the International Covenant on Civil and Political Rights. >>
The right of peoples to self-determination is an explicit principle of international law >>
Standpoint: No, Israel is not a violator of international law >>
Nations have a right to defend themselves >>
International Law is NOT relevant for the Palestinian-Israeli Conflict >>
There is no possibility really to reach an agreement that says let us apply automatically and rigidly the requirements of international law. >>
When one goes into political issues, and one need to settle historical differences, differences that have to do with political rights, security concerns, historical memories, etc., it is almost impossible to do things on the basis of international law >>
It is vital for a civilized community of nations to have an axis of principles based on international law >>
"The bottom line is this: Peace will come to Israel and the Middle East only when the Israeli government is willing to comply with international law, with the Roadmap for Peace, with official American policy, with the wishes of a majority of its own citizens -- and honor its own previous commitments -- by accepting its legal borders. All Arab neighbors must pledge to honor Israel's right to live in peace under these conditions. The United States is squandering international prestige and goodwill and intensifying global anti-American terrorism by unofficially condoning or abetting the Israeli confiscation and colonization of Palestinian territories. It will be a tragedy -- for the Israelis, the Palestinians, and the world -- if peace is rejected and a system of oppression, apartheid and sustained violence is permitted to prevail." -- Jimmy Carter, in his book, 'Palestine Peace Not Apartheid' >>
If “applicable international norms inform the negotiations between Israel and the PLO, the parties might achieve a negotiated solution that can lead to long lasting durable peace” (p.238). -- According to John Quigley in his book, The Case for Palestine: An International Law Perspective >>
Ttorture, genocide, slavery, and wars of aggression all fall under jus cogens. Jus cogens is Latin for "higher law" or "compelling law." This means that no country can ever pass a law that allows torture. There can be no immunity from criminal liability for violation of a jus cogens prohibition. -- Marjorie Cohn, Professor at Thomas Jefferson School of Law, Testimony before the Subcommittee on the Constitution, Civil Rights and Civil Liberties House Judiciary Committee >>
"No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for torture." -- The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment >>
"Israel owes the International Court absolutely no deference. It is under neither a moral nor a legal obligation to give any weight to its predetermined decision." -- Alan Dershowitz, Harvard Law Professor, Jerusalem Post >>

References

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2008-08-17

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