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Hamas human rights violations in Gaza are unacceptable
23 feb 2009
However illegal and criminal the Israeli occupation and war-crimes in the Palestinian territories, it is evident, that the principles of human rights have to be followed by all parties to the conflict, also the Palestinian resistance-organisations
Hamas human rights violations in Gaza are unacceptable

Dear Editor and Readers,

In underlying I sent to you my comment regarding the human rights violations in Gaza during the Israeli military attacks, as been reported by Amnesty International

Regarding the Israeli attacks on Gaza:

See

http://chicago.indymedia.org/newswire/display/85520/index.php

Regarding the Amnesty press release on the Hamas human rights violations

See

http://www.amnesty.org/en/news-and-updates/report/hamas-waged-deadly-cam

http://www.amnesty.org/en/library/asset/MDE21/001/2009/en/9f210586-f762-


Added information:

It is known to you, that I am a strong adversary of the Israeli occupation of the Palestinian territories.
With regard to that I am of the opinion, that Israel should withdraw instantly from all the occupied territories, should dismantle all illegal settlements in occupied terrirories and tear down the Wall, which is illegal also
Israel too, has to acknowledge the Palestinian right on return [1]

Further I am a strong defender of the One State Solution , on the ground of the revision of the historical injustice, the violation of the Palestinian right on selfdetermination [2]

I am also a defender of the Palestinian liberation war against the Israeli occupation power, since the Palestinians have no alternatives, by failing diplomacy to recover the Palestinian right on selfdetermination
This failure is due to the de facto continuing Western support for the Israeli occupation, as well the Israeli-created facts on the grounds, like the settlements in occupied Palestinian territories and the building of the Wall [3]



However, viewed from a human rights point of view, I am also of the opinion, that ALL parties to the conflict in the Middle-East, as in every other war or liberation struggle, are bound to the principles of International Humanitarian Law, the Geneva Conventions and all other international treaties regarding human rights [4]

This implies no military attacks on civilians or civilian goals, a humane treatment of prisoners of war and certainly no extra-judicial executions, mistreatments or torture.

As you'll know, regularly I condemn and critizise the Israeli human rights violations and war-crimes in the Palestinian occupied territories.

However, the principle of human rights must also be respected by the Palestinian resistance organisations.

From that perspective I have written underlying comment on the above mentioned Ammesty pressrelease

I think it is of importance, since some pro-Palestinian circles are inclined to look the other way when Palestinian human rights violations take place

However understandable, in the light of the assymetry of the conflict, the nearly 42 year Israeli occupation and the implicite Western support, not only it is undermining the moral credibility, of the most importance is the fact, that human rights must be applied on any human being, regardless the side of the conflict or real or alleged committed crime

Kind regards

Astrid Essed
Amsterdam
The Netherlands

[1]

As you'll know, Israel didn't implement till today UN Security Resolution 242 dd 1967, in which it was summoned to withdraw from the conquered territories in the june-war, among else the Palestinian [Westbank, Eastern Jerusalem and Gaza]
As you know, despite the military withdrawal of 2005, Gaza is still occupied territory according to International Law, since Israel is controlling the borders and the air

See

'' Relevant treaty law includes Common Article 3 to the Geneva Conventions of 1949, which sets forth minimum standards for the treatment of persons within a party's control, and the law on occupation found in the Fourth Geneva Convention of 1949, which remains applicable in Gaza because of Israel's ongoing control of many aspects of life there despite its withdrawal of forces. ''

http://www.hrw.org/en/news/2009/02/06/qa-accountability-violations-inter

The illegality of the settlements:

According to article 49, 4th Geneva Convention, all existing settlements in occupied Palestinian territories are illegal to International Law

Regarding the Wall:

According to the ICJ Advisory Opinion dd 9-7-2004, the Israeli Wall is illegal, since it is cutting through Palestinian occupied territories

See

http://www.icj-cij.org/docket/files/131/1677.pdf


The right on return:

The right on return of the Palestinian population has been confirmed by UN General Assembly Resolution 194, dd 1948, as a reaction on the Israeli etnical cleansings dd 1948, by which 750.000 Palestinian were expulsed of their homeland





[2]

Regarding my plea for a One Statesolution:

http://scotland.indymedia.org/node/3396

[3]

Regarding the Palestinian liberation struggle

According to International Law, every population in the world has the right on resistance against the army of an occupation power is legitimate

However, in this struggle, as in any other war, all conflicts to the party have to make a strict distinction between combatants [military and fighters] and non-combatants [civilians]
With regard to that, it is strictly prohibited to attack civilians or civilian goals

See also:

http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/668BF8





[4]

Regarding to the 3th Geneva Convention concerning the treatment of prisoners of war

http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/6fef854a351


Regarding the 4th Geneva Convention regarding the protection of the civilian population during war and occupation

http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/6756482d861

Regarding the International Humanitarian Law

http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/668BF8





P/S

Comment:

Dear Editor and readers,

I have learnt with great concern about the Hamas human rights violations in Gaza, like the extrajudicial killings of approximately 20 people and the abduction, torture and mistreatment of others, who are considered to be collaborateurs with Israel or political adversaries [1]


Those practices have also taken place in France, just after WO II, when thousands of extrajudicial executions took place on real or alleged collaborateurs with the German nazi-regime

However, regardless committed by who, those practices are huge violations of human rights and war-crimes

It is very wortfhul mentioning those Hamas-practices, since in the Middle-Eastern conflict, many pro Palestinian activists are inclined to turn a blind eye to Palestinian human rights violations and war-crimes, like [suicide] attacks or Palestinian rocket-attacks on Israeli civilian goals and civilians and now, those retaliation actions against real or alleged ''traitors''

However illegitimate, repressive and criminal the Israeli occupation and military actions may be, that can't be justified by a Palestinian reaction, which is reacted against either Israeli civilians, or Palestinian real or alleged traitors [1]

Any civilian, regardless the conflict party has an inherent right on safety and protection against military attacks

Any human being, real or alleged ''traitor'' has the right on a fair and independent trial and the right to be free from torture and other mistreatments

Any prisoner of war, either on Palestinian or Israeli side has and hold a right on a humane treatment and the right on contact with his family [2]

And however sensitive regarding the subject ''real or alleged ''traitors':
Any human being, also real or alleged ''traitors'' has a right on a fair and independent trial and to be free from torture, which includes real or aleged traitors

Condemning Israeli crimes, but turning a blind eye regarding Palestinian human rights violations, doesn't help the Palestinian cause, because it is undermining the moral credibility

Moreover, it is a violation of the universal principles of human rights, which are apliccable to all human beingsc


Astrid Essed
Amsterdam

The Netherlands

[1]

Of course any Palestinian military resistance against the Israeli occupation army is legitimate according International Law

[2]

See The Red Cross press release

''Gaza: still no ICRC access to Gilad Shalit''


http://www.icrc.org/web/eng/siteeng0.nsf/html/israel-interview-111208?op

Interview with the parents of Gilad Shalit

http://www.icrc.org/Web/Eng/siteeng0.nsf/html/israel-interview-300808

This work is in the public domain

Comentaris

Re: Hamas human rights violations in Gaza are unacceptable
23 feb 2009
PROPAGANDA SIONISTA!

PUTO moSSad!
Re: Hamas human rights violations in Gaza are unacceptable
23 feb 2009
Qualsevol que critíqui als islamonaziz, homòfobs, misògins de Hamas són o ara bé pagats per Israel, o ara bé 33 o qualsevol cosa dolenta.

Hamas són la mare teresa de Calcuta, en realitat donen pà als pobres i estan victimitzats per no res.

Ja m'agradaría veure a mi més d'un progre amb els patalonets curts i la Maria per Gaza, a veure el que tarden els de Hamas en fotreli un tret al clatell.
Re: Hamas human rights violations in Gaza are unacceptable
23 feb 2009
em sembla una mica pixada fora de test criticar ara hamás. sobretot fer servir l'excusa del fonamentalisme, quan a israel també hi han fonamentalistes relgiosos i d'ultradreta al govern, quan s'ha sentit les históries de persecució als cartells de zipi livni pel fet de mostrar públicament una dona, per part dels ultrareligiosos.
qualsevol propaganda contra hamás pel fet de ser islamistes em semblarà ara i durant molt de temps teledirigits pels serveis d'informació nazis d'israel
Re: Hamas human rights violations in Gaza are unacceptable
23 feb 2009
Demageged.Hamas human rights violations in Gaza are unacceptable     .intrused.13243334**********controled.
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