What about Mathilde Redmant, deputy director for the International Committee of the Red Cross, who declared in April that there is no humanitarian crisis in Gaza? That would mean that even according to the source you brought, the blockade is now legal
Announcement
Collapse
No announcement yet.
Gaza flotilla blind to Hamas
Collapse
X
-
Originally posted by Dubitante View PostThe Security Council isn't a judiciary, it is, at most, and only at times, a quasi-judicial body. With respect, it is simply false to say something is legal until it has been declared illegal by the UNSC. If you believe that the blockade is legal, cite a higher independent legal opinion. If it is just your opinion, that's fine.In the realm of spirit, seek clarity; in the material world, seek utility.
Leibniz
Comment
-
A primary code is a set of lws that does not stand below any othet set of laws. The LOAC which is well over100 years oldanswer only to newer LOAC treaties. When a violation of the LOAC is alledged and found to be reasonable war crimes tribunals are set up... Hauge, Nuremburg, Tokyo etc.
Please read article 51 of the UN charter, it is very clear that nothin trumps a states right of self defense. Isreal can invoke said right since Hamas declared war on her.
Comment
-
Originally posted by bigross86 View PostWhat about Mathilde Redmant, deputy director for the International Committee of the Red Cross, who declared in April that there is no humanitarian crisis in Gaza? That would mean that even according to the source you brought, the blockade is now legal
We know from the Red Cross' most recent update that:
- a majority of Gazans are food insecure and rely on aid.
- Gaza’s fishermen are limited to fishing within 3 miles of the shore, in a stretch of water heavily contaminated with raw sewage. (Incidentally this raw sewage also contaminates Gazas “nice beach” as described by Ms. de Riedmatten)
- We know that 35% of agricultural land is off limits to farmers, unless they wish to find death at the hands of the IDF, and this doesn’t take into account agricultural land rendered inoperable as a result of the Gaza Massacre.
- We know that 90% of drinking water extracted from the aquifer is brackish and fail’s to meet the WHO’s standard for drinking water.
Telling a fisherman that there isn't a humanitarian crisis isn't going to fill his boat with fish is it?
With regards to the quotes published by the IDF, it was particularly interesting. As it happens, I spoke the the ICRC in Jerusalem about it. They were pretty cagey and I never got to the nuts and bolts of why the quotes were at odds with the ICRC's position. Also interestingly, Ms. de Riedmatten published a "clarification" here.
We also know from the Palestine papers that...
“As part of their overall embargo plan against Gaza, Israeli officials have confirmed to (U.S. embassy economic officers) on multiple occasions that they intend to keep the Gazan economy on the brink of collapse without quite pushing it over the edge,” whilst keeping the Gazan economy “functioning at the lowest level possible consistent with avoiding a humanitarian crisis”.
Comment
-
Originally posted by Parihaka View PostIf the Security Council itself isn't judiciary and therefore cannot declare what is or not legal under 'international law', what then does that do to your claims that an opinion of a subset of the UN can declare Israels actions illegal?
The UNSC can interpret law, it can enforce law, and it can create law. The Mission regarding the flotilla was commissioned by another organ of the UN, and comprised of eminent legal experts, people perfectly qualified to interpret the law.
As I said before, if you have a higher, independent legal analysis, I'll happily read it.
Comment
-
But if there is no humanitarian crisis, even according to the IDF's plans, what's the problem.
Moreover, looking at San Remo, Israel fulfills it's obligation by sending in hundreds of tons of foodstuffs and medicine. Doesn't make a difference if people need to rely on aid, they are still getting their foodMeddle not in the affairs of dragons, for you are crunchy and taste good with ketchup.
Abusing Yellow is meant to be a labor of love, not something you sell to the highest bidder.
Comment
-
Originally posted by zraver View PostA primary code is a set of lws that does not stand below any othet set of laws. The LOAC which is well over100 years oldanswer only to newer LOAC treaties. When a violation of the LOAC is alledged and found to be reasonable war crimes tribunals are set up... Hauge, Nuremburg, Tokyo etc.
Originally posted by zraver View PostPlease read article 51 of the UN charter, it is very clear that nothin trumps a states right of self defense. Isreal can invoke said right since Hamas declared war on her.
- The Chatham House Principles of International Law on the Use of Force in Self-Defence, 55 Int’l & Comp. Law Quart. 963 (2006).
- Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, 2004 I.C.J. 136, at 194, para. 139.
They reiterate the same analysis and conclusion, namely:
unless an attack is directed from outside territory under the control of the defending State, the question of self-defence in the sense of Article 51 does not normally arise.
Comment
-
Originally posted by Dubitante View PostThe UN Security Council is just one organ of the UN. It is quasi-judicial in nature. .In the realm of spirit, seek clarity; in the material world, seek utility.
Leibniz
Comment
-
Originally posted by bigross86 View PostMoreover, looking at San Remo, Israel fulfills it's obligation by sending in hundreds of tons of foodstuffs and medicine. Doesn't make a difference if people need to rely on aid, they are still getting their food
Comment
-
And yet, there is apparently enough for people to survive, even if they are dependent on aid, according to your own wordsMeddle not in the affairs of dragons, for you are crunchy and taste good with ketchup.
Abusing Yellow is meant to be a labor of love, not something you sell to the highest bidder.
Comment
-
Originally posted by Parihaka View PostYou specifically stated Israels actions were illegal under international law. The only body capable of determining that is the UNSC and they have not done so.
The UN has many different organs. The ICJ for example, is the primary judicial organ of the UN, and would be perfectly capable of determining the legality of the blockade. And again, you may have performed your own legal analysis and concluded that the legal experts tasked by the UN were wrong, and that's fine. You may have read a higher legal opinion, and if so, please share it.
Comment
-
Originally posted by bigross86 View PostAnd yet, there is apparently enough for people to survive, even if they are dependent on aid, according to your own words
Comment
-
Originally posted by Dubitante View PostAgain, simply untrue. Unless you can back that up with a citation.
Charter of the United Nations: Chapter V: The Security Council
UN Security Council: Members
UN Security Council: Background
Specifically
Article 24
In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf.
Originally posted by Dubitante View PostThe ICJ for example, is the primary judicial organ of the UN, and would be perfectly capable of determining the legality of the blockade.In the realm of spirit, seek clarity; in the material world, seek utility.
Leibniz
Comment
-
Originally posted by Parihaka View PostSure...Specifically...Next.
Originally posted by Parihaka View PostShow me where the ICJ has ruled against Israels actions.
Comment
-
Meddle not in the affairs of dragons, for you are crunchy and taste good with ketchup.
Abusing Yellow is meant to be a labor of love, not something you sell to the highest bidder.
Comment
Comment