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http://jcpa.org/article/is-israel-a-colonial-state-the-political-psychology-of-palestinian-nomenclature/
02/08/2010
Dore Gold  |  Sovereignty

The argument claiming that Israel has colonialist roots due to its connection with the British Mandate is ironic, as most Arab countries owe their establishment to conquest and control by the European powers. Prior to the First World War, countries such as Iraq, Syria, Lebanon and Jordan did not exist at all and were merely provinces of the Ottoman Empire. They became states only as a result of European intervention.
http://www.dailyalert.org/archive/2010-08/2010-08-02.html
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http://jcpa.org/article/why-are-the-palestinians-opposed-to-ending-the-occupation/
22/07/2010
Jonathan Dahoah Halevi  |  “Occupation”

Foreign Minister Lieberman's plan to assist the Gaza Strip in becoming an independent entity has encountered wall-to-wall Palestinian opposition. The dual-headed Palestinian regime in Ramallah (Fatah) and in the Gaza Strip (Hamas) totally rejects Lieberman's proposal to recruit the European Union to build power stations to supply electricity, desalination stations and a sewage treatment plant. This was to be part of a plan that would totally sever all connections with Israel, which would forego its naval supervision over merchandise entering the port of Gaza and would totally seal the border with the Gaza Strip.

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http://jcpa.org/article/the-legal-basis-of-israel%E2%80%99s-naval-blockade-of-gaza/
19/07/2010
Ruth Lapidoth  |  Gaza

A ship that clearly intends to breach a lawful blockade may be stopped when it is still on the high seas. Stopping the flotilla heading for Gaza in international waters 100 kilometers from Israel was not illegal; in time of armed conflict, ships intending to breach the blockade may be searched even on the high seas. Israel is in full compliance with international law because it fulfilled all of the conditions for a lawful blockade.
http://www.jcpa.org/JCPA/Templates/ShowPage.asp?DRIT=1&DBID=1&LNGID=1&TMID=111&FID=442&PID=0&IID=4402&TTL=The_Legal_Basis_of_Israel’s_Naval_Blockade_of_Gaza
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http://jcpa.org/article/a-moral-evaluation-of-the-gaza-war-%E2%80%93-operation-cast-lead/
04/02/2010
Asa Kasher  |  Gaza

In Israel, a combatant is a citizen in uniform. His state ought to have a compelling reason for jeopardizing his life. There is no army in the world that will endanger its soldiers in order to avoid hitting the warned neighbors of an enemy or terrorist. Israel should favor the lives of its own soldiers over the lives of the well-warned neighbors of a terrorist when it is operating in a territory that it does not effectively control, because in such territories it does not bear the moral responsibility for properly separating between dangerous individuals and harmless ones.

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http://jcpa.org/article/israel-at-60-confronting-the-rising-challenge-to-its-historical-and-legal-rights-2/
20/01/2010
Dore Gold  |  Sovereignty

The year 2008 marks sixty years since the establishment of the State of Israel. Yet, today, notwithstanding a 1922 League of Nations Mandate affirming the Jewish people's right to reconstitute itself in its ancient homeland, Israel's fifty-nine year membership in the United Nations and its extraordinary achievements, the very legitimacy of a Jewish state remains an issue of public debate. This publication, based on a conference held on March 26, 2008, engages in a critical examination of the debate on Israel's legitimacy, and the rights of a Jewish nation-state and Jewish self-determination among other nation-states of the world and other nations' claims to self-determination.

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http://jcpa.org/article/the-palestinians-unilateral-kosovo-strategy-implications-for-the-pa-and-israel/
13/01/2010
Dan Diker  |  Peace Process

Mahmoud Abbas' new precondition that the international community recognize the 1967 lines in the West Bank as the new Palestinian border bolsters the assessment that the Palestinians have largely abandoned a negotiated settlement and instead are actively pursuing a unilateral approach to statehood. The Palestinians are legally bound to negotiate a bilateral solution with Israel. Unilateral Palestinian threats to declare statehood have been rebuffed thus far by the European powers and the United States.

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http://jcpa.org/article/free-lunch-for-hamas/
01/01/2010
Justus Weiner  |  International Humanitarian Law

As far back as 1996, the NGO Human Rights Watch has been predicting an "imminent humanitarian crisis" in Gaza. Indeed, various NGOs have lodged annual claims that the Jewish state is responsible for the "imminent humanitarian crisis" in the Gaza Strip. Might they have stopped to ask: How has the Gaza Strip been "on the verge" of a humanitarian crisis in excess of 10 years?

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http://jcpa.org/article/children-on-the-frontlines-palestinian-and-pakistani-child-abuse/
01/01/2010
Justus Weiner  |  How Israel Is Guided by International Law

This disturbing practice of deadly child abuse is on the rise in these two Muslim societies. Recent events in both the Middle East and the Indian sub-continent have made the magnitude of the problem that much more acute.

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http://jcpa.org/article/europe-seeks-to-divide-jerusalem/
15/12/2009
Dore Gold  |  Jerusalem

According to the 1993 Oslo Agreements, Jerusalem is one of the issues to be discussed in future permanent status negotiations. The Swedish move to have the European foreign ministers back a declaration recognizing eastern Jerusalem as the capital of a future Palestinian state clearly pre-judges the outcome of those talks. What is needed is an ongoing Israeli diplomatic effort for Jerusalem, underlining Israel's legal rights and its role as the protector of the holy sites.

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http://jcpa.org/article/a-paradox-of-peacemaking-how-fayyad%E2%80%99s-unilateral-statehood-plan-undermines-the-legal-foundations-of-israeli-palestinian-diplomacy/
24/11/2009
Alan Baker  |  Peace Process

Palestinian Prime Minister Salam Fayyad published a plan in August 2009 to unilaterally declare statehood after a two-year state-building process. However, any unilateral action that undermines the existing Oslo interim framework could jeopardize the peace process and remove the basis for the existence of the Palestinian Authority. Were the Fayyad plan to be adapted and integrated within a resumed negotiating process, on the basis of the extensive infrastructure that already exists in the Oslo Accords, then this plan could serve as a constructive starting point for any new round of negotiations.

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http://jcpa.org/article/turning-a-blind-eye-to-hamas-war-crimes/
11/10/2009
Jonathan Dahoah Halevi  |  Gaza Fact-Finding Mission

Is the silence of the human rights organizations regarding the killing of dozens of Palestinians in a mosque in the Gaza Strip related to the Goldstone Committee?

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http://jcpa.org/article/blocking-the-truth-of-the-gaza-war/
18/09/2009
Jonathan Dahoah Halevi  |  Gaza Fact-Finding Mission

On June 28 and 29, 2009, the Goldstone Commission recorded Palestinian statements at the UNRWA headquarters in Gaza City. This study is an analysis of the four main statements, the way the commission interpreted them, and reports from other Palestinian sources which contradict the testimony presented to the commission. Reports issued by the Palestinian terrorist organizations themselves detailed the fighting in a way that often contradicted the Palestinian witnesses. In addition, the witnesses hid vital information from the commission regarding the presence of armed terrorists or exchanges of fire in their vicinity.

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http://jcpa.org/article/the-u-s-israeli-dispute-over-building-in-jerusalem-the-sheikh-jarrah-shimon-hatzadik-neighborhood/
27/07/2009
Nadav Shragai  |  Jerusalem

The Sheikh Jarrah-Mt. Scopus area - the focus of a dispute between the Obama administration and Israel over building housing units in the Shepherd Hotel compound - has been a mixed Jewish-Arab area for many years. Many observers incorrectly assume that Jerusalem is comprised of two ethnically homogenous halves: Jewish western Jerusalem and Arab eastern Jerusalem. Yet in the eastern part of Jerusalem there are today some 200,000 Jews and 270,000 Arabs living in intertwined neighborhoods.

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http://jcpa.org/article/soldiers-testimonies-to-breaking-the-silence-was-it-really-like-this/
26/07/2009
Jonathan Dahoah Halevi  |  War Crimes

The public debate about anonymous soldiers’ testimonies to the Breaking the Silence (Shovrim Shtika) organization shows how rarely those testimonies were read in full. The testimonies indicate a state of preparedness for warfare which is different from the ongoing security situation in the territories as part of the Second Lebanese War; they bear witness to the IDF fighting ethic and also include claims (as distinct from hearsay) of a suspected breach of the laws of armed conflict in a number of isolated, localized events which did not originate from orders issued by senior command ranks, and which require in-depth investigation by the IDF.

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http://jcpa.org/article/international-law-and-military-operations-in-practice/
07/07/2009
Colonel Richard Kemp CBE  |  International Law

Do these Islamist fighting groups ignore the international laws of armed conflict? They do not. It would be a grave mistake to conclude that they do. Instead, they study it carefully and they understand it well. They know that a British or Israeli commander and his men are bound by international law and the rules of engagement that flow from it. They then do their utmost to exploit what they view as one of their enemy’s main weaknesses.

View Article >>
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