Flouting International Law

One of the blogs I read is written by Prof. Jonathan Turley, a regular legal commentator on Keith Olbermann’s Countdown.  One of his latest entries is about how Israel has vowed to block war crimes investigations, or prosecutions, regarding their action in Gaza.

Israeli Prime Minister Benjamin Netanyahu has vowed not to allow any Israelis to stand trial for war crimes even if demanded by the United Nations or world court.

(I wrote about the International Criminal Court here where I document just why it is unable to prosecute George W. Bush and Dick Cheney for their war crime of torturing prisoners.)

This action by Netanyahu mirrors the United State’s response to Italy’s prosecution of CIA agents when the U.S. government refused extradition of those agents.  

So, what is on the horizon for the civilized world?  War and more war…

It must be understand that Israel is not a member of the International Criminal Court making both Israel and the United States beyond prosecution in that court.  So, Israel’s vow to block the ICC is legal unless there is `special agreement` by state parties to the ICC.

Prof. Turley states:

It is a position that defies the entire basis of international legal process created by the Nuremberg Tribunals since no country has a right to determine its own innocence. As previously noted, the Goldstone Commission found credible evidence of war crimes in the Gaza campaign.

While he is correct that this stance defies the basis of the entire process, it does not, however, defy Israel’s right to refuse to cooperate just as they have not cooperated with the IAEA concerning their nuclear weapons since they are not signatory to the NPT.  And, frankly, why should they cooperate when their biggest supporter, the United States, has flouted international law and continues to do so ourselves.  

As Prof. Turley correctly states:

Simply calling the Goldstone report “a kangaroo court against Israel,” as does Netanyahu, only unilaterally claims the right to refuse to comply with international agreement and international law when you claim innocence.

He is wrong when he states:

With Israel threatening an attack on Iran and demanding an international investigation of that country, it can hardly afford to put itself at odds with the very foundation of international law.

It surely can afford it, simply due to the enormous pressure that the United States exerts upon the international community at large.  Remember, it is now been proven that the `intelligence` that was touted by the U.S. to invade Iraq was wrong, that the WMD’s weren’t there despite our claims to know “exactly where they were”, and yet, there has been no international call for prosecution of Bush/Cheney officials.  In fact, Spain has now fallen to U.S. pressure to limit their use of universal jurisdiction under the Geneva Conventions because of the case against Bush lawyers.  As I have documented, the only two countries that have stood against the United States are Russia and China.  

I spoke about the resource wars.  Well, Israel’s attacks are merely their own extension of the resource wars.  

From the Turley article:

The UN found that Israel failed to minimize casualties, used white phosphorous in civilian areas, intentionally fired upon hospitals using high-explosive artillery shells, and did not effectively warn civilians of attacks. It also accused some Israeli soldiers of using civilians as human shields and attacking food supplies for civilians.

We learn from the BBC:

Food production will have to increase by 70% over the next 40 years to feed the world’s growing population, the United Nations food agency predicts.

The Food and Agricultural Organisation says if more land is not used for food production now, 370 million people could be facing famine by 2050.

But, this note about the Israel/Gaza conflict goes under-reported:

After dismissing the Obama Administration’s demands for a halt to the settlement construction, it will be an awkward moment for Netanyahu to demand the U.S. use its power to stop an investigation. However, there will be many in Congress who will likely assist in that effort.

Israel needs more LAND to expand.  The only “land” easily accessible to them sits in Gaza.  And Israel is pulling out all stops to get it.  This article expounds on the crisis:

Gaza faces new standoff over water rights

At this time, it was widely recognized that there was a serious environmental problem with the Gaza Aquifer, with experts predicting that if nothing was done, the entire aquifer would become unusable by the year 2000. In addition, the water infrastructure was in a very poor state, with 50% of water being lost through leaking pipes.

Therefore the PWA, with the help of international donors (principally the United States Agency for International Development – USAID), set out to develop a management strategy for the Gaza Aquifer and engaged the engineering firm Metcalf & Eddy to carry out an environmental survey and draw up a management plan. The Integrated Coastal Aquifer Management Plan (CAMP) was drawn up in 2000, with an implementation period of 20 years.

The main components of the CAMP included reducing the amount of water pumped from the aquifer for agricultural irrigation, while simultaneously improving supply of drinking water to the population by providing additional water from sources other than the aquifer. These included the import of water from Israel, construction of seawater desalination plants and improving wastewater treatment to allow it to be used for irrigation and managed aquifer recharge.

I think you get the idea.  Israel faces three main resource needs; land, water, food.

But, Israel is threatening phone services now:

Israel is threatening to kill off a crucial West Bank economic project unless the Palestinian Authority withdraws a request to the International Criminal Court to investigate alleged Israeli crimes during last winter’s Gaza war.

Shalom Kital, an aide to defence minister Ehud Barak, said today that Israel will not release a share of the radio spectrum that has long been sought by the Palestinian Authority to enable the launch of a second mobile telecommunications company unless the PA drops its efforts to put Israeli soldiers and officers in the dock over the Israeli operation.

As for land:

Israel has moved ahead with a plan to build a new settlement in the northern West Bank for the first time in 26 years, pursuing a project the United States has already condemned as an obstacle to peace efforts.

The move comes on the eve of Prime Minister Benjamin Netanyahu’s first meeting with U.S. President Barack Obama, despite Western calls for Israel to halt its settlement activity.

Tenders have been issued for 20 housing units in the new Maskiot settlement and contractors have arrived on site to begin foundation work.

Israel is simply got three alternatives: displace the Palestinians, go genocide, or learn to live within your borders.  They have chosen their own resource war.

5 comments

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    • Inky99 on October 13, 2009 at 06:00

    that the country of Israel would deliberately opt out of the findings of the Nuremburg trials.

    Nothing like blaming fascists for becoming fascist.  

  1. One thing I find hard to determine is which comes first, the chicken or the egg?  Meaning, I think Israel acts at our behest (because of our support of them) or vice-versa.

    Also, Michael, re the ICC, I left you a couple of comments here on a thread you didn’t revisit.

    I maintain a deep interest in terms of the International laws and what is happening in relation to them.  I have reached a point where I don’t have a great deal of faith that any special prosecutor to investigate the BushCo war crimes will culminate in anything very meaningful in re returning to the rule of law.  Thus, I feel our real hope DOES lie in the International efforts, such as those of Spain.

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