Showing posts with label International Law. Show all posts
Showing posts with label International Law. Show all posts

Thursday, June 3, 2010

American, 19, Among Gaza Flotilla Dead: Furkan Dogan Was Shot Five Times, Including Four Times in Head

By ZOE MAGEE
June 3, 2010
ABC NEWS

A U.S. citizen who lived in Turkey is among the nine people killed when Israeli commandos stormed a Turkish aid ship heading for the Gaza Strip, officials said today. The victim was identified as Furkan Dogan, 19, a Turkish-American. A forensic report said he was shot at close range, with four bullets in his head and one in his chest, according to the Anatolian news agency.


Dogan was a high school student studying social sciences in the town of Kayseri in central Turkey. He was born in the United States and moved to Turkey at the age of 2. He will be buried in his hometown tomorrow.

Dogan's body was returned to Turkey today along with eight others, all Turkish nationals, who were on board the Mavi Marmara.

The ship was sponsored by a Turkish charity, the Foundation for Human Rights and Freedoms and Humanitarian Relief (IHH) and was carrying aid to Gaza in defiance of the Israeli blockade. The charity released the names of all nine dead. All are male and the ages range from 32 to 61.

The Mavi Marmara formed part of a flotilla that was organized by the Free Gaza movement and intended to break the three-year Israeli blockade on the embattled Palestinian enclave. (Editor's bold emphasis)

Israeli commandos rappelled onto the decks of the six ships Monday, but on the Mavi Marmara the passengers battled the soldiers with metal rods, wrested weapons from soldiers and, according to the Israeli military, fired on them. Nine people died and more than 30 were wounded, including several Israeli troops.

The activists on board the ship told a very different version of events from the one released by the Israeli military.

A Canadian on board, Farooq Burney, described watching an elderly man bleed to death. The head of a Turkish charity that organized the aid flotilla said an Indonesian doctor was shot in the stomach and a photographer was shot in the forehead. MORE...

Sunday, April 11, 2010

The Nuclear Non-Proliferation Treaty: Can We Achieve a World Without Wars

Mayors for Peace
Global Research,
April 6, 2010

May 2010 sees once again the 5-yearly review conference of the Nuclear Non-Proliferation Treaty taking place in New York. It is now 40 years ago since this treaty came into force and although currently there are 189 party states to the treaty, India, Pakistan and Israel are non-signatories and North Korea, first ratified, later violated and finally withdrew from the treaty in 2003.

The treaty is frequently talked of in terms of its 3 pillars of: disarmament, non-proliferation and peaceful uses of nuclear technology as if all had equal importance whereas the treaty was designed for non-proliferation. The treaty also gives special recognition to the 5 nuclear weapon states somehow giving them the right to have these weapons.

In 1996, the International Court of Justice issued an advisory opinion ruling that the use or the threat of use of nuclear weapons would violate various articles of international law, including the Geneva Conventions, the Hague Conventions, the UN Charter, and the Universal Declaration of Human Rights.


In the light of the above, World without Wars and without Violence:

1. Denounces the hypocrisy of the 5 permanent members of the UN Security Council who believe they have some kind of inalienable right to possess nuclear weapons and who since the end of the Cold War have made little or no attempts to fulfill their obligations to disarm under article 6 of the treaty.

2. In particular denounces the USA and her allies who threaten countries they declare as “rogue states” with war and the use of nuclear weapons.

3. Denounces Pakistan, India and North Korea for spending billions of dollars of their countries meager income on developing nuclear technology at the expense of the suffering of their peoples.

4. Denounces Israel for destabilizing the whole of the Middle East region by possessing nuclear weapons, and denounces the US for having supplied them the knowledge to develop them in violation of article 1 of the treaty.

5. Denounces NATO countries for deploying US nuclear weapons on foreign soil in violation of articles 1 and 2 of the treaty.


In addition, World without Wars and without Violence:

1. Declares the NPT to be a failed treaty, having failed to produce the nuclear disarmament and non-proliferation required by the planet’s population.

2. Calls on all States to start immediate negotiations for a Nuclear Weapons Convention, making the failed NPT redundant.

3. Calls on those NATO countries that host US nuclear weapons to have them returned.

4. Pledges to work side by side with all other organizations working towards the elimination of nuclear weapons who share the methodology of nonviolence and non-discrimination.

5. Calls on the people of the planet to join in massive mobilizations between the 1st of May and the 9th of May 2010 to raise awareness of the NPT conference in the world’s media and to pressure their national politicians and diplomats to work in the conference in New York with a real willingness to negotiate in good faith to finally do what public opinion demands and that is: to disarm now. This message was vividly manifested during October 2nd 2009 and January 2nd 2010 when in 100 countries the World March for Peace and Nonviolence took the message of disarmament around the world.

NOTE:

While admittedly imperfect, the agreement signed this past week by the United States and Russia is at least a step in the right direction in that it focuses the two major nuclear states attention on the importance of making significant reductions in their nuclear arsenals. It is hypocritical in the extreme for those NPT signatories who possess nuclear weapons to object to the nuclear weapons development programs of alleged proliferator's when they have not complied with their own disarmament responsibilities under the treaty.

It may be premature to totally abandon the NPT just when the two nation states with the largest nuclear arsenals have indicated a willingness to make significant reductions.

--Dr. J. P. Hubert

Saturday, January 17, 2009

Outrage as Israel bombs UN and Hospital

Aid workers allege use of banned white phosphorus as Hamas security leader dies in bombing raid on house

By Kim Sengupta in Jerusalem
January 16, 2009
The Independent

-- - Israeli tanks thrust deep inside Gaza City last night as ferocious fighting raged in dense residential areas with terrified families fleeing along streets echoing with gunfire, although many others were trapped in their homes.

Israeli shelling set fire to the UN headquarters, a hospital, a school and a building used by the media, leading to widespread international protests and renewed calls for a ceasefire in the conflict which has so far cost 1,073 Palestinian and 13 Israeli lives. A senior Hamas leader, the Interior Minister Said Seyyam who was responsible for thousands of security agents, was killed in an Israeli raid which flattened his brother's home.

Three members of UN staff were injured when three Israeli shells hit the headquarters, setting it on fire. Thousands of tonnes of desperately needed food and humanitarian supplies were destroyed and about 700 refugees given shelter in the building had to be evacuated. UN officials said the shells were white phosphorus, believed to have been responsible for burns suffered by some Palestinian civilians.

The UN secretary general, Ban Ki-moon, on a peace mission to the region, said: "I conveyed my strong protest and outrage to the Defence Minister and Foreign Minister and demanded a full explanation."

The Israeli Prime Minister, Ehud Olmert, apologised for the shelling but claimed Hamas fighters had opened fire from the centre. "It is absolutely true that we were attacked from that place, but the consequences are very sad and we apologise for it," he said. "I don't think it should have happened and I'm very sorry."

John Ging, the director of operations for the UN relief agency, UNRWA, in Gaza described the Israeli claim about a Hamas presence as "nonsense". He added: "It's a total disaster for us." Mr Ging said the UN had warned the Israelis the compound was in danger from shelling that had begun overnight, and provided them with GPS co-ordinates to prevent an attack.

The Al-Quds hospital was also hit by shellfire when Israeli tanks moved further into the city. A tower housing the Reuters agency and other media outlets was also hit. The International Federation of Red Cross and Red Crescent Societies said the damage caused to the Al Quds hospital is "completely and utterly unacceptable based on every known standard of international humanitarian law".

The hospital is in the Tal Hawa district, a packed residential area. Streams of people fled from the fighting, carrying what belongings they could on foot, by car, and, in some cases wheelbarrows after homes were demolished and set ablaze. Mahmud Tejan Hussein drove away with seven members of his family. "Bullets started hitting our house and I decided that we must get away from here. There are Israeli tanks in the area now and we might get blocked off if we wait. But I do not know where we are going to go. We wanted to go to the UN office, but that has been attacked. Wherever we go, the fighting will follow us."

Musah Mohammed, 36, who stayed at his home in an apartment block, said: "We cannot go out. There is shooting in the street. My mother is ill and she is old; we cannot leave her here. People are shouting to each other from balconies crying that they need help. We have no electricity and very little food and water. We are very afraid; we do not know what will happen next." (my emphasis throughout) It was unclear whether the escalation was a final push before a ceasefire, as peace talks continued yesterday in Cairo where Israel's chief negotiator Amos Gilad arrived to hear the Hamas response to an Egyptian initiative.

Mark Regev, the spokesman for the Israeli Prime Minister, said a "momentum" was building up on the talks. "Ultimately, we want to see a long-term sustainable quiet in the south, a quiet that's going to be based on the total absence of all hostile fire from Gaza into Israel, and an internationally supported mechanism that will prevent Hamas from rearming," he said.

US Secretary of State Condoleezza Rice told Mr Olmert by phone that Washington would sign an agreement on measures to stop Hamas from rearming after a ceasefire. The Egyptian proposals call for an immediate ceasefire, resumption of humanitarian aid, an Israeli pullout and the reopening of the border between Israel and Gaza under international supervision.

NOTE:

By any traditional measure, the Israeli attacks on Gaza are immoral and illegal. Israel broke the cease-fire in November; only then did Hamas launch rockets into Israel in response (an action which is admittedly morally illicit as well due to the possibility that innocent Israeli's might be killed).

Israel is not simply defending itself. Rather, it has engaged in a war of aggression after breaking a legitimate cease-fire. Moreover, the actions of Israel are totally disproportionate (the ratio of dead Palestinians to dead Israeli's is almost 100:1) and more innocent non-combatants have been killed than Hamas fighters. Israel has waged total war which is directly contrary to the UN Charter and international humanitarian law by; attacking hospitals, degrading vital infrastructure and preventing adequate medicine and supplies from getting to the people of Gaza.

What has transpired in Gaza is a complete outrage. Were it not for the Zionist Power Configuration (ZPC) especially in the United States, Israel would have been brought before the International Criminal Court of Justice. It is truly ironic that modern-day Israel is conducting a campaign of ethnic cleansing and genocide against the Palestinian Arabs of Gaza especially in light of the Jewish Holocaust which transpired in Europe and which ostensibly served as a justification for the founding of Israel. Israel no longer has the benefit of the moral high-ground. She has lost all moral standing and should be sanctioned accordingly.

--Dr. J. P. Hubert

Tuesday, October 23, 2007

Attacking Iran is Immoral, Ilegal and Foolhardy

The MMIC (media, military industrial complex) with the Bush administration in the lead continues to "ratchet-up" its rhetoric against Iran. The powerful neo-conservatives of both political parties have cooperated by passing the so-called Lieberman/Kyle amendment which effectively places a target on Tehran. At the moment, both the executive and legislative branches are primed for an offensive war of aggression despite hoeing to the standard line that while "diplomacy is preferred all options are still on the table." As I wrote previously, all options include the nuclear option such as "tactical nuclear bunker buster bombs."

Any use of nuclear weapons in an offensive manner is completely immoral and contrary to the tenets of international law to which the United States is bound (NPT). Any kind of conventional offensive military attack is also immoral and illegal under international law (UN Charter, Geneva Conventions, Hague Conventions, Nuremberg Tribunals), including the preventive (incorrectly termed pre-emptive) war concept called for by the "Bush Doctrine."

The idea that the possible acquisition of nuclear weapons--by any nation on earth or even the knowledge necessary for constructing one--could cause our leaders to seriously contemplate another war of aggression is ludicrous. There is no evidence that Iran is attempting to develop nuclear weapons. All the relevant data establishes the opposite and this reality was recently attested to by the IAEA the UN body charged with determining whether Iran is diverting nuclear material. The same IAEA predicted that Iraq had no WMD prior to the US invasion of Iraq--which was proven correct. The track record of the IAEA is extremely good while that of the US is poor relative to determining which nations have WMD of any kind especially nuclear weapons.

Provided that Iran continues to cooperate fully with the IAEA there is no reason to interfere with the Iranian nuclear program. The process of on-going IAEA monitoring--to insure that Iran is complying with its obligations to restrict its nuclear program to peaceful (energy related) purposes--is well established. The latter is Iran's guaranteed right as a signatory to the NPT meaning that the US has no right to restrict Iran's ability to develop nuclear power.

The truth is that the United States can and should live with a nuclear powered but not nuclear weaponized Iran. This is legal under international law (the US is an NPT signatory) and continued non-proliferation is achievable utilizing well-recognized technical means. Only when Non-nuclear weapons state (NNWS) nations have failed to sign the NPT and nuclear-armed countries (NWS's) have assisted certain NNWS's (despite their NPT related pledges to the contrary) has nuclear proliferation occured re: Pakistan, India, Israel etc.

War is seldom salutary and almost never necessary if all other options are adequately exhausted. War should be resorted to as a last resort and from a defensive not offensive posture. Only then can it be considered potentially just. Attacking Iran is truly a fool's errand one which would have incalculably negative consequences for the US and the world.

--Dr. J. P. Hubert