Sunday Times (Jan. 11, 2009): Israel's bombardment of Gaza is not self-defence -- it's a war crime; LETTERS
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LETTERS
Anonymous. Sunday Times. London (UK): Jan 11, 2009. pg. 20
ISRAEL has sought to justify its military attacks on Gaza by stating
that it amounts to an act of "self-defence" as recognised by Article
51, United Nations Charter. We categorically reject this contention.
The rocket attacks on Israel by Hamas deplorable as they are, do not,
in terms of scale and effect amount to an armed attack entitling
Israel to rely on self-defence. Under international law self-defence
is an act of last resort and is subject to the customary rules of
proportionality and necessity.
The killing of almost 800 Palestinians, mostly civilians, and more
than 3,000 injuries, accompanied by the destruction of schools,
mosques, houses, UN compounds and government buildings, which Israel
has a responsibility to protect under the Fourth Geneva Convention, is
not commensurate to the deaths caused by Hamas rocket fire.
For 18 months Israel had imposed an unlawful blockade on the coastal
strip that brought Gazan society to the brink of collapse. In the
three years after Israel's redeployment from Gaza, 11 Israelis were
killed by rocket fire. And yet in 2005-8, according to the UN, the
Israeli army killed about 1,250 Palestinians in Gaza, including 222
children. Throughout this time the Gaza Strip remained occupied
territory under international law because Israel maintained effective
control over it.
Israel's actions amount to aggression, not self-defence, not least
because its assault on Gaza was unnecessary. Israel could have agreed
to renew the truce with Hamas. Instead it killed 225 Palestinians on
the first day of its attack. As things stand, its invasion and
bombardment of Gaza amounts to collective punishment of Gaza's 1.5m
inhabitants contrary to international humanitarian and human rights
law. In addition, the blockade of humanitarian relief, the destruction
of civilian infrastructure, and preventing access to basic necessities
such as food and fuel, are prima facie war crimes.
We condemn the firing of rockets by Hamas into Israel and suicide
bombings which are also contrary to international humanitarian law and
are war crimes. Israel has a right to take reasonable and
proportionate means to protect its civilian population from such
attacks.
However, the manner and scale of its operations in Gaza amount to an
act of aggression and is contrary to international law,
notwithstanding the rocket attacks by Hamas.
Ian Brownlie QC, Blackstone Chambers Mark Muller QC, Bar Human Rights
Committee of England and Wales Michael Mansfield QC and Joel Bennathan
QC, Tooks Chambers Sir Geoffrey Bindman, University College, London,
Professor Richard Falk, Princeton University Professor M Cherif
Bassiouni, DePaul University, Chicago Professor Christine Chinkin, LSE
Professor John B Quigley, Ohio State University Professor Iain Scobbie
and Victor Kattan, School of Oriental and African Studies Professor
Vera Gowlland-Debbas Graduate Institute of International and
Development Studies, Geneva Professor Said Mahmoudi, Stockholm
University Professor Max du Plessis, University of KwaZulu-Natal,
Durban Professor Bill Bowring, Birkbeck College Professor Joshua
Castellino Middlesex University Professor Thomas Skouteris and
Professor Michael Kagan American University of Cairo Professor Javaid
Rehman, Brunel University, Daniel Machover, Chairman, Lawyers for
Palestinian Human Rights Dr Phoebe Okawa, Queen Mary University John
Strawson, University of East London Dr Nisrine Abiad, British
Institute of International and Comparative Law Dr Michael Kearney,
University of York Dr Shane Darcy, National University of Ireland,
Galway Dr Michelle Burgis, University of St Andrews, Dr Niaz Shah,
University of Hull