Britannia Radio

 Middle East Strategic Information (MESI) Analysis

No. 11 December 29, 2008

  

 MESI Issues of the Week

 

International Law and the Fighting in Gaza

 

 Justus Weiner and Avi Bell

 

As with every flare-up of the Arab-Israeli conflict, the air is thick with accusations of violations of international law. The halls of the United Nations resound with voices objecting to the alleged illegality of Israel's behavior, and legal "experts" have taken to the airwaves to raise accusations of wrongdoing. For instance, UN Under-Secretary-General for Humanitarian Affairs John Holmes asserted that "the effective Israeli isolation of Gaza.amounts to collective punishment and is contrary to international humanitarian law." Similarly, organizations such as Amnesty International have issued erroneous and misguided criticism, including "condemning" Israel's imposition of all "blockades" on the Gaza Strip as "collective punishment." Jeremy Hobbs, Director of Oxfam International, called on Israel "immediately [to] lift its inhumane and illegal siege." This briefing paper explores the many international legal issues raised by the Palestinian-Israeli tension along Gaza's borders. It first examines legal issues raised by Palestinian conduct and then turns to legal issues raised by Israeli conduct. As will be demonstrated, criticisms of Israeli behavior such as mentioned above lack any basis in international law. By contrast, criticisms that ought to be voiced about illegal Palestinian behavior are markedly rare. More...

 

 

Did Israel Use "Disproportionate Force" in Gaza?

Ambassador Dore Gold

The charge that Israel uses disproportionate force keeps resurfacing whenever it has to defend its citizens from non-state terrorist organizations and the rocket attacks they perpetrate. From a purely legal perspective, Israel's current military actions in Gaza are on solid ground. According to international law, Israel is not required to calibrate its use of force precisely according to the size and range of the weaponry used against it. International critics of Israel may be looking to craft balanced statements that spread the blame for the present conflict to both sides. But they would be better served if they did not engage in this artificial exercise, and clearly distinguish the side that is the aggressor in this conflict - Hamas - and the side that is trying to defeat the aggression - Israel. More...

The Middle East Strategic Information Analysis is a project of the Jerusalem Centre for Public Affairs