The Legal Basis of Israel's Naval Blockade of Gaza
19/07/2010
Ruth Lapidoth
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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.
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Israel's Blockade Stands the Test of International Law.
10/06/2010
Irit Kohn
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Gaza
What does international law have to say about blockades against rogue enterprises?
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A Moral Evaluation of the Gaza War - Operation Cast Lead
04/02/2010
Asa Kasher
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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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Turning a Blind Eye to Hamas War Crimes
11/10/2009
Jonathan Dahoah Halevi
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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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Blocking the Truth of the Gaza War: How the Goldstone Commission Understated the Hamas Threat to Palestinian Civilians
18/09/2009
Jonathan Dahoah Halevi
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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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International Law and the Fighting in Gaza
05/01/2009
Justus Reid Weiner and Avi Bell
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Gaza
Attacks deliberately aimed at civilians are war crimes. The launching of rockets at civilian targets in Israel by Palestinians in Gaza violates international law. Both the terror squads carrying out the attacks, as well as their commanders, bear criminal responsibility. Under the rules of command responsibility, senior Hamas leaders such as Khaled Mashal, who ordered a continuation of the rocket attacks, are among the parties guilty of war crimes.
The holding of Israeli soldier Gilad Shalit incommunicado and out of reach of the International Committee of the Red Cross since 2006 is a clear violation of international law concerning prisoners of war.
The International Convention for the Suppression of Terrorist Bombings makes it a crime to bomb public places with the intent to kill civilians. Under this Convention, the Palestinian attackers are considered international terrorists and Israel is required to assume criminal jurisdiction over them.
In carrying out attacks on Israeli Jews as part of a larger aim to kill Jews, Palestinian terrorists are also violating the Convention on the Prevention and Punishment of Genocide.
Click here to view Powerpoint Presentation on "International Law and the Fighting in Gaza"(15M)
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