Normele de drept internaţional şi conflictul dintre Israel şi Hamas

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    De fiecare data cînd îşi exercită dreptul de auto-apărare în răspuns la atacurile Hamas şi Hezbollah, statul Israel este acuzat de violarea legilor internaţionale. Acelaşi cor de condamnare format din solişti consacraţi ca Uniunea Europeană, ONU, nomenclaturişti şi activişti autointitulati „pro-pace” şi mass-media progresistă strîns unită în jurul BBC, CNN, New York Times, Reuters şi Associated Press reciclează acuzaţiile de „răspuns disproporţionat”, „subminare a eforturilor de a aduce pacea în cea mai turbulentă zonă de pe glob”, „omor al civililor nevinovaţi”, „negare a dreptului de auto-determinare al poporului palestinian”, „perpetuare a blocadei inumane şi a condiţiilor de viaţă mizerabile care duc la disperare şi reacţie violentă”. Etc. Israel s-a retras din sudul Libanului în 2000 şi din Fîşia Gaza în 2005, dar pacea a rămas la fel de iluzorie. În fapt, Hezbollah şi Hamas au profitat de ocazie pentru a intensifica atacurile împotriva Israelului. Nu împotriva armatei şi obiectivelor cu valoare militară şi strategică, ci împotriva evreilor civili, oriunde s-ar afla în raza de acţiune a rachetelor şi tirului de mortar îndreptate preferenţial către şcoli, spitale şi centre dens populate. Singura apărare îngăduită de promotorii Holocaustului pe invers din Vest constă în utilarea cetăţenilor israelieni cu umbrele anti-rachetă. Riposta militară, nu are importanţă cît de bine gîndită şi executată în scopul minimizarii victimelor civile palestiniene sau libaneze, este invariabil echivalată cu o „grosolană încălcare a normelor de drept internaţionale”.

    Această acuzaţie este luată la puricat de analiza pe care o propun spre lectură. Studiul care urmează este realizat de Jerusalem Centre for Public Affairs, o instituţie non-guvernamentală de cercetare în domeniul politicilor publice israelinene. Desigur, prima întrebare ar fi: ce încredere poate fi pusă pe obiectivitatea unei analize produsă de un grup aparţinînd uneia din părţile aflate în conflict? Răspuns: ce încredere ai în obiectivitatea ta dacă nu te osteneşti să iei cunoştinţă de datele faptice şi analiza la rece propuse de un grup aparţinînd uneia din părţile aflate în conflict? Sau ale amindorura, evident. Aştept linkuri către o analiză similară care să contrazică cu argumente solide conţinutul studiului

    International Law And The Fighting in Gaza

    In the wake of Israel’s withdrawal from Gaza in 2005, the Palestinian Authority rejected “the opportunity to consolidate real economic and political authority” and thereby to “stimulate progress towards peace in the region.” Instead, it permitted armed gangs to destroy 200 dunams of greenhouse space, as well as computers and advanced irrigation systems that Israel left behind following its withdrawal. The Palestinian leadership firebombed churches, kidnapped journalists and even foreign aid workers. In October 2003 – prior to Israel’s departure from Gaza – terrorists ambushed and murdered three U.S. government officials who came to Gaza to interview applicants for the prestigious Fulbright student scholarship. These violent activities culminated with the Hamas terrorists, who took control over Gaza, throwing rival PA gunmen off rooftops to their deaths. Two relatively unknown features of Gaza are worthy of mention in relation to the alleged perpetual ‘humanitarian crisis’ about to erupt. First, Gaza’s offshore gas deposits (confirmed with British Gas), are worth an estimated US$2 billion (even prior to the upsurge in the price of fossil fuels during the past years). If the Hamas government can stabilize the political situation long enough to install platforms to bring the gas to the surface, Hamas can reap the benefits of these offshore gas deposits. Secondly, the population of Gaza is comparatively healthy and well educated. In fact, classic indicators of the standard of living place Gaza in a reasonably strong position. Life expectancy in the Gaza Strip is 72.34 years, higher than Russia (65.94 years), the Bahamas, (65.72 years), India (69.25 years), Ukraine (68.06 years) and Glasgow East (in Scotland), where male life expectancy is 69.3 years. Similarly, Gaza has a much lower infant mortality rate (21.35 deaths/1,000 live births) than Angola (182.31 deaths/1,000 live births), Iran (36.93 deaths/1,000 live births) India (32.31 deaths/1,000 live births), Egypt (28.36 deaths/ 1,000 live births) and Brazil (26.67 deaths/1,000 live births). Perhaps the most astonishing fact, in light of the sensationalist media coverage damning Gaza’s chances for a better future, is that literacy in Gaza stands at a staggering 92.4%. This is far higher than India (47.8%), Egypt (59.4%) and even the wealthy Saudi Arabia (70.8%). Likewise, contrary to common mythology that the Gaza Strip is “the most densely populated territory in the world,” the Gaza Strip is unequivocally less densely populated than an array of other locales around the world, including a number of economic success stories. According to the Statistical Abstract of the United States: 2004-2005, the population per square mile in the Gaza Strip was 8,666, while Monaco had a population density of 41,608 per square mile, Singapore, 17,751, Gibraltar, 11,990, Hong Kong, 17,833 and Macau had a population density nearly ten times that of the Gaza Strip (71,466) in 2003. The Legality of Israeli Military Actions under International Human Rights Law Under the International Covenant on Civil and Political Rights, Israel is required to ensure the protection of certain rights “within its territory,” including the right to life. The application of these rights to Gaza is far from clear. Israel does not exercise authority or control over Gaza. Thus, unless Gaza is part of the sovereign territory of Israel, it is impossible to argue that Gaza is Israeli “territory,” in which case the rights under the Covenant clearly do not apply…

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    Articolul precedentGeert Wilders – Omul Anului 2008
    Articolul următorPînă şi toleranţa stîngii are limite
    Emil Borcean
    În 1985 am absolvit facultatea de geologie din București. După trei ani de stagiatură la mina de cărbune din Anina, în Banat, am renunțat la geologie și am învățat să fiu programator software. Am plecat din România în 1990, toamna. Am trăit patru ani în Anglia, 19 ani în Canada și aproape doi ani în Germania. M-am întors nu demult în țară. În 2007 am creat blogul Patrupedbun.net, care în 2010 a fuzionat cu blogul Dreapta.net. Din această fuziune s-a născut ILD.

    14 COMENTARII

    1. emil, mi-e greu sa citesc in window si in plus vreau textul ca referinta, fapt pentru care o sa-l scot la un moment dat pe imprimanta, In orice caz, am citit deunazi un text interesant despre „proportionalitate” scris de un matematician brazilian, Paulo dos Santos Ferreira. Faptul ca nu prea inteleg formulele nu ma impiedica sa savurez concluzia:

      „… in common language: If we want to maintain proportionality, the intensity of the reaction to an unprovoked assault has no limitations.”

      Whenever Israel undertakes a more incisive and forceful action to stop terrorist attacks, we hear the angry cries of condemnation for those who only seek to defend themselves and the cries of pity for those who attack, the poor Palestinian massacred.

      Among the main charges and condemnations there is a topic that is always touched upon, the lack of proportionality between the Israeli reaction and the action which caused it. It’s a cruel joke.

      The mathematical concept of proportionality is expressed by the equality between two ratios:

      a/b = c/d

      Even in everyday language we do not speak of proportionality until after two ratios are compared. When we say, for example, that the weight of a person is (or is not) proportional to its height, it means that the quotient of dividing weight by height is (or is not) equal to that which is regarded as the standard for the people of his or her age. Without this standard it would be impossible to talk about proportionality.

      It is obvious that such a standard does not exist when it pertains to the means to put an end to the deadly and systematic attacks. Humanity has not yet come to establish such a standard, despite its long history of conflict and war, international organizations are powerless to stop terrorist attacks. It is necessary to stop their agents, at all costs. The opposite would be to continue to kill until total annihilation. Nobody can demand such a sacrifice of an entire people in the name of preserving an imaginary indefinable proportionality.

      But let’s see what the Israeli reaction would have to be, in order for it to be proportional to the terrorist attack, as the world demands.

      Consider the relationship between the measurements of the intensity of this reaction, we will call it “y”, and the intensity of the terrorist attack, we represent here by “x”. Without a standard to be used as reference to make the comparison, we will compare the ratio to that between the same “x” and “z” defined as the value of the intensity of the Israeli action which, by definition, would have given rise to the terrorist attack. Proportionality would be expressed by the equality between these two ratios:

      y/x=x/z, ergo: y=x^2/z

      But as the assault was arbitrary and does not correspond to any action that could be the cause, we have z = 0, from whence we then conclude that .

      Or in common language: If we want to maintain proportionality, the intensity of the reaction to an unprovoked assault has no limitations.

      Long live “Proportionality”!

      Paulo dos Santos Ferreira

      The author is a mathematician. Originally published as a letter to the editor in Brazil and translated to French by the author. Translation from French by Israel Bonan.

      Mai mult decit atit, adaug eu. Daca arabii vor la schimburi de prizonieri cite 1000 de teroristi pentru un soldat ( si in ultima vreme am primit doar morti) nu stabilesc ei singuri formula 1000 de arabi = 1 evreu sau israelian ?

    2. Matematica e simpla. In esenta, Ferreira spune ca in lipsa unui termen de comparatie (acel z = 0), y (adica reactia israeliana) tinde catre infinit.
      Ai omis sa reproduci formula, care explica totul:

      y/x=x/z, ergo: y=x^2/z

      Misto demonstratia brazilianului. Simpla si eleganta. Acuma, asta nu inseamna ca rezultatul trebuie aplicat in realitate, dar e o palma discreta data bocitoarelor dupa „proportionalitate”.

    3. emil, mai lipseste ceva – la sfirsitul rindului de sub formula care lipsea, But… we then conclude that y = infinit. y = infinit lipseste.
      Nu gasesc simbolul pentru infinit.

    4. FICTIUNE SI REALITATE

      1) Fiction: There’s no food in Gaza and people are starving.
      News reports, including one produced by TV station France 2 on Dec. 29, showed a Gaza resident in a food store saying:
      “Apparently, there is nothing, as you can see. There are no natural products for the kids. There is no milk. There is nothing here.”

      Fact: Warehouses in Gaza are filled to capacity, according to international aid groups. In the same France 2 TV clip referenced above, upon closer inspection, shelves filled with food can be seen in the reflection of a refrigerated door in the store. To see clip: click on http://jt.france2.fr/20h/; click on “Lundi 29” – below the small screen; to the right of the new screen, click “Vie dans la bande de Gaza” The World Food Program informed Israel that it would cease shipment of food to Gaza because the warehouses there are at full capacity, with enough food to last two weeks.

      During a one-day period alone – Dec. 31– Israel facilitated the transport of 29 truckloads of food, including 15 truckloads of flour, into Gaza . And even as Hamas was firing rockets and mortars during Israel during the ceasefire, Israel facilitated the delivery of 2,500 tons (delivered on 93 trucks) of humanitarian aid, medical supplies and medication through the Kerem Shalom cargo terminal. Since the beginning of the operation, about 6,500 tons of aid have been transferred into Gaza at the request of the international organizations, the Palestinian Authority and various governments. Preparations are underway to facilitate further shipments.

      2) Fiction: Gaza has no medical and other aid supplies to help the injured.
      Fact: During the first 5 days alone of Operation Cast Lead, Israel has facilitated the delivery of 6,500 tons of aid – 179 truckoads — into Gaza at the request of international organizations, the Palestinian Authority and various governments. The deliveries include basic food commodities, medication, medical supplies and blood units. Another 106 truckloads of humanitarian aid are expected to arrive in Gaza on Jan. 31. The crossings to Gaza are open for the transfer of humanitarian aid from all international organizations, in full cooperation with the Israeli authorities and without restriction. In a one-day period – Dec. 31 – Israel enabled the transport of 9 truckloads of medicine and medical supplies, along with 10 ambulances, into Gaza .

      3) Fiction: Israel is refusing to allow injured Gazans into Israeli and Egyptian hospitals for treatment.
      Fact: Israel has allowed a number of Palestinians into Israel for medical treatment they couldn’t receive in Gaza . On Dec. 31, for example, 12 Palestinians accessed Israel for medical treatment in Israeli hospitals. Two of those evacuated were injured children; the remaining were chronically sick people, and their escorts, who were allowed into Israel for treatment not available in Gaza. Further, Hamas – in an effort to exploit the suffering of innocent civilians – has refused to allow injured Palestinians to leave Gaza to go to Egypt for treatment.[11] Egyptian Foreign Minister Ahmed Abu al-Gheit said earlier this week that Hamas was not allowing wounded Palestinians to cross the border into Egypt for treatment: “We are waiting for the wounded Palestinians to cross. They are not being allowed to cross.” Asked who was to blame, he referred to Gaza by saying, “Ask the party in control on the ground in Gaza .”

      4) Fiction: Israel is purposely targeting civilians.
      Fact: While Israel goes out of its way to minimize civilian casualties, Hamas actually places civilians in harm’s way and uses them as shields. Because Hamas is known to use civilian residences to hide their weapons, on Dec. 27, the Israeli military – before launching an attack on such storehouses – called thousands of civilians in Gaza on their cell phones and left Arabic-language messages urging them to leave homes being used for weapons storage.

      On Dec. 30, a reformist Iranian newspaper published a statement by a student organization that criticized Hamas for risking civilian lives, including children, by hiding its forces in nurseries and hospitals. The Iranian Culture Ministry shut down the newspaper after it printed the statements.

      Israel has publicly stated time and again that it regrets the loss of any civilian life and considers each one a tragedy. However, both Iran-backed Hamas and Iran-backed Hezbollah have a history of faking deaths and funerals. For example, in Spring 2002, Palestinians were filmed as they attempted to stage a fake funeral as part of a gross exaggeration of the number of people killed in Jenin. The film shows Palestinians wrapping, then carrying a ‘corpse’ on a funeral pier; the ‘corpse’ falls off several times and gets back on – including in front of a large and surprised crowd. Although some reports say a quarter of the deaths during “Operation Cast Lead” have been civilians, Palestinian terrorists’ history of deceptions and false claims require reporters to work to verify such information.

      During Israel ’s defensive war against Hezbollah two years ago, the phenomenon was so common that it became known as “Hezbollywood.” One of the best-known instances was when a man purporting to be a rescue worker at the site of a bombed village appeared in various photos in the international media, repeatedly displaying the same child’s dead body at different times – and in different poses – throughout the day. The man, identified as Salam Daher, wore a green helmet in all of the photos, earning himself the nickname “green helmet guy.” Daher was also found to have directed a camera shooting the scene.

      5) Fiction: Israel has cut off electricity to Gaza .
      Fact: In the past, Hamas officials have committed deceptions such as pulling dark curtains in mid-day while holding a meeting to make it look as though they were being forced to work by candlelight – a sham exposed by journalists who showed that it was actually daylight outside at the time. The ruse was carried out with the complicity of some Arab satellite TV stations. More recent such deceptions have come to light as recently as November 2008, when Palestinian Authority officials said Hamas staged new blackouts to try to get sympathy from the international community and provoke civilian violence against the Palestinian Authority and Israel . Further, terrorists in Gaza have fired rockets at – and hit – the power station in the Israeli city of Ashkelon that provides Gaza the majority of its electricity. The terrorists also have fired on Israeli workers at a depot that provides fuel to Gaza and a suicide bomber destroyed lines providing electricity from Israel into Gaza.

      „There’s no shortage of fuel in the Gaza Strip and the Electricity Company is continuing to function normally,” a PA official said in November. „Our people in the Gaza Strip have told us that the blackouts are all staged as part of the Hamas propaganda…There’s enough fuel in the Gaza Strip,” he said. „Even when Israel reduces the fuel supplies, Hamas continues to smuggle tens of thousands of liters through the underground tunnels.”

      6) Fiction: Palestinian journalists are unbiased and show what’s ‘really’ happening in Gaza .
      Fact: Some Palestinian journalists are manipulating and exploiting unintended victims of the Israeli strikes. Said one Palestinian journalist, members of the Palestinian media are ‘directing’ civilians to cry and telling them what to say in interviews: „A mother of one of the martyrs stood by the door of the intensive care unit while crying… relatives and those around her were telling her what she should say to the television cameras: ‘Say your son [before he died] prayed and went out.’ Another tells her: ‘Curse the Arab leaders’… The journalists [in the hospitals] are going overboard in their insensitivity and taking advantage of the [difficult] moments, with the explanation that they are showing this to the world. One cameraman told a mourning mother: ‘Hit your face, cry, do some action.'”

    5. si inca o perla minunata, gasita prin israellycool:

      Dateline: January 3rd 1944

      Fury continues to mount worldwide about the senseless loss of civilian life in Germany caused by England’s callous bombing of German cities including Berlin, Hamburg and Dresden.

      As of today many innocent German women and children have died in these utterly brutal bombing missions. And now there are ground offensives starting on mainland Europe.

      The English have claimed that they are merely retaliating against the V-1 flying bombs being launched indiscriminately by Nazis at their civilian population in London, Manchester, Liverpool, Birmingham, Coventry and other cities. The English point out that their enemy is sworn to its utter destruction and has used the missiles and flying bombs against its civilians without any regard to English loss of life. Moreover it makes the case that their own bombing missions are specifically directed to military targets that the German army has intentionally planted in the heart of civilian populations to try and deter English counter-attacks.

      These points may of course be true – but they are utterly besides the point.

      Of course England has a right to exist. Of course England has a right to defend itself. But it should ensure that its responses are PROPORTIONATE.

      Since many more Germans are dying than English – the English should either tone down the success and accuracy of their bombing – or allow the Germans to catch up on the death count.

      To be honest – if more English women and children were dying – we wouldn’t feel quite so bad about the number of Germans dying. But it’s just so UNFAIR that more Germans are dying…

      Perhaps some English people could arrange to kill themselves to match the number of Germans dying as a result of the English retaliation bombing? It would be so considerate – and it might help England’s critics feel less miserable about the number of Nazis dying. Something that is causing them so much concern.

      It would also put paid to that wretched proportionality argument.

      Alternatively, perhaps the English could arrange to be less effective in their bombing? Or only bomb military targets that are nowhere near civilians – even though the vast majority of the V-1 rockets are intentionally being launched from the heart of civilian population centers.

      Now the English will argue that the Germans have INTENTIONALLY positioned all their launch pads for the V-1 rockets in the middle of civilian populations to inhibit the English from bombing those launch sites. Well – tough noogies to the Brits! Sorry – but if the Germans are smarter or more skillful at cynically using their civilians as human shields than you – tough luck!

      You can’t have it both ways. If you truly wish to save your nation from being annihilated by Nazi missiles you’d better stop looking to win a popularity contest. The Nazis are waging this war to win and to utterly destroy England. If all you Brits care about is popularity – then you may as well resign yourself to speaking German…

      It’s about time that little nations who wish to defend themselves wised up to their responsibilities.

      Otherwise the same stupid complaints will be made at some point in the 21st Century when some little nation finds itself under constant attack from rockets fired at its civilian population by a terrorizing enemy that has sworn to destroy it….

    6. wtf are you talking here???
      Mess with Israel, you f.king Arabs, then prepare yourself to die like dogs you are.

      Israeli homeland do not require your presence in this world. All of you gonna die, sunnier

      or latter, all of your descendants, women, everything you have and your race will be

      burned. And we will piss on your god. Yours and the other one, who comme next. Becose

      nothing is more powerfully then YHVH !

      Adonai ????

      Just read this, your low life dogs !

      ” Our race is the Master Race. We are divine gods on this planet. We are as

      different from the inferior races as they are from insects. In fact, compared to our race,

      other races are beasts and animals, cattle at best. Other races? Just human… excrement.

      Our destiny is to rule over the inferior races. Our earthly kingdom will be ruled by our

      leader with a rod of iron. The masses will lick our feet and serve us as our slaves.”

      — Menachem Begin – Israeli Prime Minister

      You got it???

    7. unii mai violenti – altii mai pasnici.
      L-as trimite pe american gigolo sa antameze un dialog in Norvegia cu demonstrantii pasnici pro-arabi.

    LĂSAȚI UN MESAJ

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