Avi Bell - Beyond the UN: The Shape of Lawfare to Come


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Avi Bell - Beyond the UN: The Shape of Lawfare to Come

  1. 1. Palestine’s admission to the UnitedNations would pave the way for theinternationalization of the conflict as alegal matter, not only a political one. Itwould also pave the way for us to pursueclaims against Israel at the UnitedNations, human rights treaty bodies andthe International Court of Justice.
  2. 2. Article 4.1. Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.2. The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.
  3. 3. In conformity with Article 12,paragraph 3 of the Statute of theInternational Criminal Court, theGovernment of Palestine herebyrecognizes the jurisdiction of theCourt for the purpose of identifying,prosecuting and judging the authorsand accomplices of acts committedon the territory of Palestine since 1July 2002.This declaration ... will enter intoforce upon its signature. ... Signed inthe Hague, the Netherlands, 21January 2009
  4. 4. “If the General Assemblysays they are an observerstate, in accordance withthe all-state formula, thisshould allow them . . . tobe part of theInternational CriminalCourt,” he told the Star. ...“We have the declaration,and we have beenanalyzing if they are astate,” he said. “Now theissue is before the UN, andwhatever they decide, wewill react to.”
  5. 5. Countries in favour: Bangladesh, Bhutan, China, Cuba, India, Indonesia, Madagascar, Mauritius, Morocco,Niger, Pakistan, Philippines, Qatar, Senegal, Sri Lanka, Sudan, Swaziland, Tunisia and Venezuela.Countries against: Canada, Czech Republic, France, Germany, Guatemala, Italy, Japan, Latvia, Luxembourg,Norway, Poland, Portugal, Romania, Spain, United Kingdom and United States.Abstentions: Argentina, Botswana, Brazil, Burundi, Chile, Colombia, Congo, Ecuador, El Salvador, Mexico,Nepal, Nigeria, Peru, Republic of Korea, Russian Federation, Rwanda, and Zambia.
  6. 6. Goldstone Report claims international law forbids arresting Hamas members,requires public appointments for Hamas affiliates, and giving financial support to Hamas-affiliated organizations
  7. 7. Gazas Police Force: Between Hamas and a Hard Place By Abigail Hauslohner / Gaza City Friday, Sep. 17, 2010And there is a third security force that Gazans fear: Hamas highly secretive Izzedine al- “They’re allQassam Brigades, the movements armed resistance wing, which carries out violent attackson Israel and whose members have a reputation for being some of Hamas most steadfastadherents. Referring to both the uniformed police and the plainclothes Internal Security, one [Izzedine al]civilian says, "Theyre all Qassam." The government does little to deny it. "Many of theQassam operate within both the Qassam brigades and the Internal Security," InteriorMinistry spokesman Ehab al-Ghossain tells TIME. "In our laws, we do not prevent any Qassam”resistance fighter from joining the police or a security service, provided that he is committedto the rules and regulations of the department he belongs to ... We make sure that theiractivities, outside of their official jobs, remain separate."Read more:http://www.time.com/time/world/article/0,8599,2019151,00.html#ixzz16Hyyn6MJ
  8. 8. “Police officers received clear orders from the leadership to face the enemy if the Gaza Strip were to be invaded.”Except for the statements of the police spokesperson, theIsrael Government has presented no other basis on which apresumption can be made against the overall civilian natureof the police in Gaza. The mission finds that there is insufficient information to conclude that the Gaza police as a whole had been “incorporated” into the armed forces of the Gaza authorities.
  9. 9. We know a lot more today about what happened in the Gaza war of 2008-09 than we did when I chaired the fact-finding mission … If I had known then what I know now, the Goldstone Report would have been a different document.[T]he investigations published by the Israelimilitary and recognized in the U.N. committee’sreport ... indicate that civilians were notintentionally targeted as a matter of policy.
  10. 10. Aspersions cast on the findings of the report, nevertheless,cannot be left unchallenged. Members of the mission,signatories to this statement, find it necessary to dispel anyimpression that subsequent developments have rendered anypart of the missions report unsubstantiated, erroneous orinaccurate.
  11. 11. Member states in UNMuslim Jewish• 56 member states of • 1 state Organisation of the Islamic Conference• 1 observer
  12. 12. Votes in UN Human Rights CouncilTotal of All Country Censure Resolutions Adopted bythe UN Human Rights Council: 32 (of which 26 wereagainst Israel, and 6 for the rest of the worldcombined) [updated: Sept. 2009]
  13. 13. Human rights groups argued Wednesday that a detailed probe into Hamas’s firingof Kassam rockets at Israeli communities is not necessary, because it constitutessuch a “blatant” war crime. By contrast, Israel’s actions are more complex, andtherefore do require such investigation, they said.
  14. 14. Café Hillel bombing, 2003
  15. 15. Dolphinarium bombing, 2001 Park Hotel Passover celebration bombing, 2002
  16. 16. Hebrew University bombing, 2002 Haifa bus bombing, 2001
  17. 17. Hamas militants are fighting in civilianclothes ….Eight Hamas fighters dressed in civilianclothes …
  18. 18. At Shifa Hospital in Gaza … armed Hamasmilitants in civilian clothes roamed the halls.