Israels most recent transgression of International Law has seen the unprecedented closure of Al-Aqsa mosque. This is a hostile, disproportionate, and blanket deprivation of fundamental freedoms (including right of association, religious practice, a place of worship, and cultural/ historic landmarks) targeted at a specific people classed by their creed, religion, or ethnicity- thus fulfilling the criteria for a variation of recognised atrocities. These atrocities include crimes against humanity, war crimes, and genocide under the three international criminal law treaties (Statute(s) of the International Criminal Tribunal for Yugoslavia, International Criminal Tribunal for Rwanda, and the Rome Statute of the International Criminal Court). In fact, Article 7 of the Statute of the ICC adds apartheid to the list of what unequivocally constitutes crimes against humanity. Segregating a mosque on ethnic grounds, and then denying one race entry is a clear example of apartheid- in this case, Israels control of Al-Aqsa can be contrasted with the Palestinians deprivation of it. Hence, comprising a blatant criminal act. Though this particular act has been a blaring headline, it is important to remember that Israel have not exactly been humanitarian since the end of Operation Protective Edge. In reality, the past month alone has witnessed their crimes amount to far more than indiscriminate murder: An illegal settler in the West Bank deliberately ran over and killed two 5-year-old girls while they were returning from Kindergarten. This incident comes after a string of hate crimes following similar modi operandi. A Palestinian-American boy was shot by the IDF in the West Bank, then intentionally left to bleed out (by being denied any possibility of medical intervention from bystanders) until dead. No real response has been made by the U.S on his behalf. Journalists have been shot by Israeli rubber bullets in the West Bank. There were no protests on-going nor any relevant justification for such measures to be taken. Rafa crossing (the only realistic way in and out of Gaza) has once more been barricaded by Egypt, due to pressure from Israeli authorities. Construction materials for the rebuilding of Gaza have been retained in bunkers and vans with no signs of immediate use, due to Israeli authority interference. From yesterday, for the first time since Operation Protective Edge, F16 Jets are once more soaring above Gaza at dangerous heights. All of the above actions are in direct contravention to domestic law upheld in Israel, international humanitarian law, and the ceasefire agreement signed on 26th of August (which in turn is a breach of the UN Charter, and the Vienna Convention on the Law of Treaties/ and on Diplomatic Relations). So, why has no one acted? This is where reality unfortunately belittles the existence of a humanitarian legal order or any notion of global justice. Since no State has a vested interest in drawing attention to these breached provisions of international law or presenting substantial political pressure on Israels misdeeds, no enforcement mechanism exists. No one will address this injustice; no one will act. Israel seems to be above- no, immune to international law. How much longer will one state be allowed to undermine the legitimacy and supremacy of an international legal system which is respected by, and applied to every other state? RABAH JTL pursuingpositivism.blogspot.co.uk/2014/11/israels-immunity-to-international-law-pp.html?m=1
Posted on: Mon, 10 Nov 2014 09:55:23 +0000
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