Why the Self-Defense Doctrine Doesn't Legitimize Israel's Assault on Gaza
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- Written by James Marc Leas James Marc Leas
- Published: 15 January 2013 15 January 2013
DECEMBER 27, 2012
Counterpunch
How Obama and Netanyahu Disregarded Law and Facts
Why the Self-Defense Doctrine Doesn’t Legitimize Israel’s Assault on Gaza
by JAMES MARC LEAS
Supporting all aspects of the Israeli assault on Gaza in November, President Obama gave Israeli forces a green light, saying “We are fully supportive of Israel’s right to defend itself.” Israeli Prime Minister Netanyahu defended Israel’s targeting of civilian areas in Gaza saying “it’s our right to defend our people.”
Obama and Netenyahu disregarded law and facts:
* In 2004, the International Court of Justice rejected Israeli Government arguments and found that as an occupying power, Israel’s right to defend itself under a UN Charter provision does not apply against those living under its rule.
* The Court found that the right, and indeed the obligation, to protect citizens does not trump Israeli obligation to conform to international law when doing so.
* Israeli military assaults on Gaza, including “Operation Pillar of Defense,” caused a vast increase in rocket fire from Gaza, so the assaults endangered rather than defended Israeli citizens.
* Israeli political and military leaders have long known how to quickly halt or substantially dial down rocket fire that involves no bombs, no killing, and no destruction: ceasefire agreements. However, Israeli forces have repeatedly ended effective ceasefire agreements with aerial extrajudicial executions of Palestinians in Gaza that dialed up rocket fire.
Israeli Government argues self-defense
In its 2004 written advisory opinion regarding the wall that Israeli forces built across Palestinian occupied territory, the International Court of JusticeRead more: Why the Self-Defense Doctrine Doesn't Legitimize Israel's Assault on Gaza