Friday, September 19, 2014

[ePalestine] FILM: To see if I'm smiling (MUST WATCH BEFORE TAKEN DOWN)

The International Court of Justice and the International Criminal Court are going to have such an easy time holding Israel accountable for their war crimes. Watch how easy here:


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Thursday, September 18, 2014

[ePalestine] The Hill: US guilty of war crimes in Palestine (By Sam Bahour)

The Hill (Congress Blog)

September 18, 2014

US guilty of war crimes in Palestine

http://bit.ly/US-guilty-in-Palestine

By Sam Bahour

The U.S. is not a neutral mediator in the Palestinian-Israeli conflict; it is an active participant and is guilty of the crimes being committed by Israel against Palestinians, most recently, the mass killings and destruction Israel wrought on the Gaza Strip during the summer. The reality that the U.S. is an active supporter of unimaginable suffering may very well be the motivating force behind the U.S.'s adamant attempts to block the Palestinians from using any of the internationally recognized tools of accountability to hold Israel responsible, such as the International Court of Justice and the International Criminal Court. When an indigenous, stateless population is blocked access to opportunities for justice by superpowers like the U.S., something is wrong—deadly wrong.

While Israeli bombs were hammering Gaza, Alice Lynd with the assistance of Staughton Lynd, drafted a 32-page pamphlet which was published by the Palestine-Israel Working Group of Historians Against the War (HAW) titled, Violations by Israel and the Problem of Enforcement (August 2014). The policy paper places the U.S. in front of its own mirror and meticulously documents how one hand of the U.S. government systematically documents Israeli violations of U.S. law and international law, while the other hand unconditionally dishes out financial, military, and diplomatic support to Israel.

READ ON AT:
http://bit.ly/US-guilty-in-Palestine

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Sunday, September 14, 2014

[ePalestine] 43 brave Israelis take us behind the system of occupation (A MUST READ)

If you don't have time to read them all, please read the first and last articles below.

IDF Unit 8200
Haaretz: Graduates of Unit 8200, the IDF's technological spearhead. Photo by Moti Milrod
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The Guardian, Friday 12 September 2014

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'Any Palestinian is exposed to monitoring by the Israeli Big Brother'

Testimonies from people who worked in the Israeli Intelligence Corps tell of a system where there were no boundaries

http://www.theguardian.com/world/2014/sep/12/israeli-intelligence-unit-testimonies

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Israeli intelligence veterans' letter to Netanyahu and military chiefs - in full

Read the letter from 34 reserve soldiers who have served in Unit 8200 explaining why they refuse to serve in Palestinian territories

http://www.theguardian.com/world/2014/sep/12/israeli-intelligence-veterans-letter-netanyahu-military-chiefs

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Israeli intelligence veterans refuse to serve in Palestinian territories

Innocent people under military rule exposed to surveillance by Israel, say 43 ex-members of Unit 8200, including reservists

Peter Beaumont in Jerusalem

http://www.theguardian.com/world/2014/sep/12/israeli-intelligence-reservists-refuse-serve-palestinian-territories

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and the initial Israeli response to this crack in the system of oppression:

IDF spokesperson: Discipline of Unit 8200 refuseniks will be sharp and clear

Army spokesperson responds to letter of conscientious objection sent by 43 mid-rank soldiers and officers, says no room for refusal in IDF.

By Haaretz, Sep. 14, 2014

http://www.haaretz.com/news/diplomacy-defense/1.615674


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Saturday, September 13, 2014

[ePalestine] Do people understand the magnitude of what just happened in Gaza?


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Tuesday, September 09, 2014

[ePalestine] Mondoweiss: Three-sentence letter to the ‘NYT’ results in Yale chaplain’s resignation

Message Received: DISSENT TOLERATED = ZERO!

One state of Apartheid, here we come... 



Bruce Shipman, Chaplain - Episcopal Church at Yale
Bruce Shipman, Chaplain - Episcopal Church at Yale

http://mondoweiss.net/2014/09/sentence-chaplains-resignation

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Friday, September 05, 2014

[ePalestine] +972: Israelis, stop swimming in our shit

For Hebrew click here.


Published September 5, 2014

Israelis, stop swimming in our shit

A new report by Al-Shabaka, the Palestinian Policy Network details the damage that consecutive Israeli military assaults have caused to Gaza's water systems, whereby 95 percent of the water consumed in the Strip for decades has been unfit for human consumption. 

By Sam Bahour

Tel Aviv beach (photo: Wikimedia Commons)Tel Aviv beach (photo: Wikimedia Commons)

Palestinians in Gaza are starting to wake up from the shell-shock of Israel's 51-day Ramadan Massacre, which left over 2,131 Palestinians killed (of which more than 500 were children), over 10,000 injured (more than half of whom are estimated to be permanently handicapped), and scores of homes and businesses demolished. Reality is bleaker than ever before. Nothing of the underlying reasons why Gaza exploded into a bloodbath has changed; Israeli and Egyptian closures of Gaza's borders remain in place. However, one product is making its way freely across the border into Israel. Actually, this product flows undetected by the almighty Israeli military and rolls right up on to the shores of Tel Aviv. The product is Palestinian shit, or more accurately, to maintain the media bias of the times, Palestinian terrorist shit.

READ ON: http://bit.ly/Israelis-stop-swimming


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Wednesday, September 03, 2014

[ePalestine] Guardian: Fatou Bensouda: the truth about the ICC and Gaza

Politicking around when, or if, to hold a criminal responsible for his/her crimes is as abhorrent as the crime itself, if not more so! ~Sam Bahour

Under the laws of the Hague court, my office can only investigate alleged war crimes in Palestine if it grants us jurisdiction in its territory. It has not done so




Gaza city after an Israeli sir strike
'It is my firm belief that recourse to justice should never be compromised by political expediency.' 
Photograph: Mohammed Othman/AFP/Getty Images

Has the international criminal court avoided opening an investigation into alleged war crimes in Gaza due to political pressure, as suggested in an article published in the Guardian earlier this week? The answer is an unequivocal "no". As prosecutor of the ICC, I reject any suggestion of this in the strongest terms.
When an objective observer navigates clear of the hype surrounding this issue, the simple truth is that my office has never been in a position to open such an investigation due to lack of jurisdiction. We have always, clearly and publicly, stated the reasons why this is so.

The Rome statute, the ICC's founding treaty, is open to participation by states. The prosecutor can only investigate and prosecute crimes committed on the territory or by the nationals of states that have joined the ICC statute or which have otherwise accepted the jurisdiction of the ICC through an ad hoc declaration to that effect pursuant to article 12-3 of the statute.

This means that the alleged crimes committed in Palestine are beyond the legal reach of the ICC, despite the arguments of some legal scholars that fundamental jurisdictional rules can be made subject to a liberal and selective interpretation of the Rome statute. They appear to advocate that as the object and purpose of the ICC is to end impunity for mass crimes, the court ought to intervene, even where clear jurisdictional parameters have not been met. This is neither good law nor does it make for responsible judicial action.

The Palestinian Authority sought to accept the jurisdiction of the ICC in 2009. My office carefully considered all of the legal arguments put forth and concluded in April 2012, after three years of thorough analysis and public consultations, that Palestine's status at the UN as "observer entity" was crucial – since entry into the Rome statute system is through the UN secretary general, who acts as treaty depositary. Palestine's status at the UN at that time meant it could not sign up to the Rome statute. The former ICC prosecutor concluded that as Palestine could not join the statute, it could also not lodge an article 12-3 declaration bringing itself under the ambit of the treaty, as it had sought to do.

In November 2012, Palestine's status was upgraded by the UN general assembly to "non-member observer state" through the adoption of resolution 67/19. My office examined the legal implications of this development and concluded that while this change did not retroactively validate the previously invalid 2009 declaration, Palestine could now join the Rome statute.

That Palestine has signed various other international treaties since obtaining this "observer state" status confirms the correctness of this position. Nonetheless, to date, the statute is not one of the treaties that Palestine has decided to accede to, nor has it lodged a new declaration following the November 2012 general assembly resolution. It is a matter of public record that Palestinian leaders are in the process of consulting internally on whether to do so; the decision is theirs alone and as ICC prosecutor, I cannot make it for them.

By virtue of the nature of the court's mandate, every situation in which the ICC prosecutor acts will be politically fraught. My mandate as prosecutor is nonetheless clear: to investigate and prosecute crimes based on the facts and exact application of the law in full independence and impartiality.

Whether states or the UN security council choose to confer jurisdiction on the ICC is a decision that is wholly independent of the court. Once made, however, the legal rules that apply are clear and decidedly not political under any circumstances. In both practice and words, I have made it clear in no uncertain terms that the office of the prosecutor will execute its mandate, without fear or favour, where jurisdiction is established and will vigorously pursue those – irrespective of status or affiliation – who commit mass crimes that shock the conscience of humanity. My office's approach to Palestine will be no different if the court's jurisdiction is ever triggered over the situation.

It is my firm belief that recourse to justice should never be compromised by political expediency. The failure to uphold this sacrosanct requirement will not only pervert the cause of justice and weaken public confidence in it, but also exacerbate the immense suffering of the victims of mass atrocities. This, we will never allow.

SOURCE: http://www.theguardian.com/commentisfree/2014/aug/29/icc-gaza-hague-court-investigate-war-crimes-palestine


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