The Green party...

Jul 01, 2009 10:32

So the leader of the Green party tried to break a known naval blockade and was detained by Israeli forces. Nothing to make it to the headlines of CNN, FOX, ABC or MSNBC. This lack of interest might be due to the fact that Israel did not show any intention of holding the crew for any long period of time or diverting the humanitarian goods that the ( Read more... )

israel, politics

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_s_a_v_v_a_ July 1 2009, 15:55:20 UTC
Telling the truth I don't find it very funny, but nevertheless. Israel repeatedly denied any accusation of Gaza Strip occupation. Here is by the way a quote from Jerusalem Center for Public Affairs:
There is no legal basis for maintaining that Gaza is occupied territory. The Fourth Geneva Convention refers to territory as occupied where the territory is of another "High Contracting Party" (i.e., a state party to the convention) and the occupier "exercises the functions of government" in the occupied territory. The Gaza Strip is not territory of another state party to the convention and Israel does not exercise the functions of government-or, indeed, any significant functions-in the territory. It is clear to all that the elected Hamas government is the de facto sovereign of the Gaza Strip and does not take direction from Israel, or from any other state.

So... There is no legal rationale or right to call these people smugglers. If Gaza is officially and legaly recognized by everyone as a sovereign territory, with an elected government, then one does not have to second guess the fact of international laws violation. If - I have to emphasise this, since I don't know this for a fact - if the boat has not been in Israeli waters, then it means that Israel either arrested the boat in the neutral waters, for which it had no right; or entered the water of a sovereign state and arrested a boat, which makes Israeli navy gunship a pirate ship. Well, this is funny! :)

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redheadrat July 1 2009, 16:06:21 UTC
UN, Palestinian Authority, Human Rights Watch and few other organizations maintain that Gaza is still an occupied territory.

The last real agreement (not unilateral action by Israel) regarding Gaza status was Oslo accords. It stated that Israel maintains control of borders, air space and territorial waters.

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_s_a_v_v_a_ July 1 2009, 17:19:46 UTC
Yup, precisely. But that's according to you, me, HRW, UN and others :) Israel's official position is that it has no function of governemnt in Gaza. While de facto it acts as discribed in your story.

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redheadrat July 1 2009, 17:25:19 UTC
It has no function IN Gaza, but it controls the borders.

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_s_a_v_v_a_ July 1 2009, 17:44:00 UTC
It's not a border control, it's a blockade. Again, it's the official term that Israel uses. Nevertheless, controling the borders and even putting economic sanctions on a "sovereign state of Gaza" (I am putting the quotes here to indicate that this is an official position of Israel) is not the same as cutting Gaza from the rest of the world, controlling its waters, stopping and searching ships that try to enter the "sovereign state", and arresting and deporting passengers (were they deported by the way?).
Just think of this way, US recognizes Cuba as a sovereign state and has sanctions against it. What if US Navy stopped any/all shipments from Europe to Cuba? And called Europeans "smugglers" for bringing toys to Cuban children?

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redheadrat July 1 2009, 18:46:25 UTC
1) Last time there was a massive shipment of arms to Cuba that endangered US, such a blockade was enacted.

2)
a) The fact that Israel disengaged from Gaza does not mean that Gaza is a sovereign state.
b) Given that rockets from Gaza are still flying into Israel, blockade is a normal measure in war.

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_s_a_v_v_a_ July 1 2009, 19:41:25 UTC
1) Cuba is not cut out of the rest of the world. It still has trade agreements with other countries, e.g., Russia for this matter. US does not enter Cuban waters to stop shipments from Russia.
2a) I am using Israeli official position about Gaza. After disengagement of 2005, Gaza is recognized by Israel (and repeatedly claimed to be) a sovereign state. Entering waters of "sovereign state" is a violation of rights. If Israel government thinks that it is normal, then it should officially acknowledge that it is occupying the territory - both de facto and de juro.
2b) Rockets were flying back and forth. The ceasefire agreement was reached in mid-January, IDF pulled out of the area in the end of January. The war was formaly over at that point.

Seriuosly, do you want to go point by point? I think it is pretty clear. Regardless of how bad Hammas is, the state of the conflict and who killed how many of who, Isreali two-faced Janus position on its occupation of Gaza is obvious and undeniable.

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redheadrat July 1 2009, 19:42:56 UTC
2b) Rockets are still flying

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_s_a_v_v_a_ July 1 2009, 19:52:34 UTC
is the state of war official?

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redheadrat July 1 2009, 19:54:06 UTC
Would be if Hamas was not chickenshit and would declare their land a state

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_s_a_v_v_a_ July 1 2009, 20:07:03 UTC
So, all emotions and ethical judgements aside, looking only at the legal aspects - without declaration of war, Israel blockades entry of goods to a "sovereign territory", controls Gaza waters, arrests shipments, escorts passengers to its territory end deports them. From the legal stand how can those people be called "smugglers"? and this whole situation "normal"? I mean, it's understandable, Isreal's reaction is predictable, but in no way it's normal or legal.

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redheadrat July 1 2009, 20:11:07 UTC
There is nothing normal.

Israel made public declarations as to its policies, rules, and demands this counts as a declaration of war.

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_s_a_v_v_a_ July 1 2009, 20:24:07 UTC
I have to repeat that it's all understandable and predictable, but it's not legal. In this sense, Isreal is in fact violating international laws.

Anyhow, it might lead to a larger and much more complex discussion. Palestine needs to deal with the internal conflict of power to be suit for any further negotiations with Israel. But it cannot be done due to numerous reasons, and Isreal plays a certain role there as well. I still think that there is hope to reach a sutable agreement. Both sides are exhausted by this situation.

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redheadrat July 1 2009, 20:28:43 UTC
There is hope, but while one side openly and actively proclaims that its goal is complete destruction of the other side, negotiations will not lead anywhere.

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_s_a_v_v_a_ July 1 2009, 21:05:05 UTC
There is no "one side" in Palestine. True that both leading Palestinian fractions are very nationalistic and violent in regard to Israel's control over the territories. But their political agendas do not call for complete distruction.
There some alternative initiatives, like Arab Peace Initiative for instance, that both Hammas and Fatah support, and it most definitely does not call for "complete distruction" of Israel.

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redheadrat July 1 2009, 21:08:20 UTC
Hammas charter calls for destruction.

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