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Sunday Aug 09, 2009

Rosner's Domain: How international law was on Israel's side in the Gaza operation

Posted by SHMUEL ROSNER
Comments: 136
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Yaacov Lozowick summarizes Israel's official document that is the "legal and factual rebuttal" for all those claiming that Israel's incursion into Gaza was illegal. It is dealing with the facts, not myths, of Israel's operation.

"Israel's incursion into Hamas-controlled Gaza in January 2009, which was widely portrayed as criminal from inception to smallest detail. Defenders of Israel's actions, generally not well versed in the minutiae of international law, have allowed themselves to be wrong footed, claiming that facts are wrong, or mooting the unacceptability of international law itself if it forbids Israel to defend its citizens. The State of Israel has now published its legal and factual rebuttal. The authors of the report emphatically embrace international law and insist that its principles guide the IDF as it trains, plans, executes and investigate; they demonstrate all these actions on the case of the Gaza incursion."

Lozowick writes:

The authors of the document recognize, accept, and embrace international law. Their thesis is not that it interferes with Israel's ability to defend itself. On the contrary, it supplies Israel with the tools to legitimately combat its enemies while demanding the support of the international community. Anyone who respects international law must step forward to Israel's side as it follows the letter and spirit of the law in rejecting criminal attacks on its people.

A more refreshing position can hardly be imagined. If anyone should be apologizing, it should be Israel's critics. Their entire narrative is turned on its head; the report documents how they cynically employ the terminology of international law in contradiction to its intent. Rather than conflicting with the right of the Jews, it reinforces them.

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1  |  GOLDEN NUGGET, Monday Aug 10, 2009
ABSOLUTELY Spot On International Law Is On Israel's Side.....So.....COME ON the likes of Tom, Lydia and all those Jew haters ...time for you to show respect for International Law and APOLOGISE to Israel...and show us your integrity...I'm sure Tom and Lydia will demonstrate their integrity...yep...they will....Like HussienO said "Yes You Can"...
2  |  lydia, Monday Aug 10, 2009
"Anyone who respects Int law..." The argument is pointless because Israel's behavior is reprehensible, Israel violates Int. Law, pointless as long as Israel is in contempt of numerous Int. rulings, pointless since Israel is a rogue state and fails to recognizes it's own unilaterally declared borders, enshrined in res. 181. Israel attacks and slaughters the Palestinians, whose land they covet. Israel broke the ceasefire with Hamas and used it's stockpile of biological and chemical weapons on defenseless civilians and if that wasn't enough they shoot women and children at point blank range.
3  |  Shel Zahav, Monday Aug 10, 2009
Can the author please define "international law"? What is it? Who makes it? Who decides? (I know the answers to these questions, but I doubt that the author does and I am sure that most of the people who write about it dont have a clue.)
4  |  Klaas Janssen Netherlands, Monday Aug 10, 2009
The BIG problem will be as usual that this report will be ignored, thus leading to the one conclusion that is justified that the critics of Israel are never interested in the well being of the Israeli and therefore also not interested in the well being of the Palestinian population. Reaction number 2 proves it as 'lydia' obviousely didn't read any of the materal and repeats the same lies being portayed by our enemies. What really happened in Gaza is not interesting for those who want to remain deliberately misguided to vent the new version of the same problem: hatred against Jews.
5  |  rune, Monday Aug 10, 2009
It is s so sad that so many in the media blames Israel so often without reason:(But Elohim is with Israel and he is the strongest.stronger than media:) Psalm 731Truly God is good to Israel, even to such as are of a clean heart. Psalm25:22Redeem Israel, O God, out of all his troubles.
6  |  Terry - Eilat, Israel, Monday Aug 10, 2009
The vast majority of people, like Lydia #2, have absolutely no knowledge or understanding of the rather vague concept of ''international law''. To them, it's just a slogan, a tool for Israel-bashing, usually accompanied by false accusations expressed in exaggerated emotional language unsupported by evidence, out-right lies, & a healthy dose of plain old anti-Semitism. Strangely, this appeal to ''international law'' is never applied to those whose actions really are against international law.
7  |  rune, Monday Aug 10, 2009
THE FUTURE IS GOOD FOR ISRAEL:Zechariah 8:23Thus saith the LORD of hosts; In those days it shall come to pass, that ten men shall take hold out of all languages of the nations, even shall take hold of the skirt of him that is a Jew, saying, We will go with you: for we have heard that God is with you.
8  |  Terry - Eilat, Israel, Monday Aug 10, 2009
I might add that most of what is called ''intenational law'' is out-dated anyway, many of it's conventions having to do with war between states, not the asymetric warfare of today. Much of international law is unsuited for fighting terrorist groups & organizations & creates an artificial distinction between civilians & combatants that does not exist in today's reality.
9  |  Robert, Monday Aug 10, 2009
Lydia, you're a scumbag anti-Semite who lies every time you open your mouth. If you hate Israel and Jews so much go join Hamas in Gaza and either pick up a gun or strap on a bomb and put you money where your mouth is. Armchair anti-Semite - put up or shut up!
10  |  Yosef, Israel, Monday Aug 10, 2009
lydia: Just keep taking those little pills. Everyting will be all right.
11  |  dk, switzerland, Monday Aug 10, 2009
lydia, are you actually on some medications which you've either overdosed or missed to take at the first place? Gaza War was provoked by Hamas, the Israels answer (decision to stop the rockets and use of force as it was did) was fully in compliance with intl' law.
12  |  Terry - Eilat, Israel, Monday Aug 10, 2009
Hey Rosner, why the delay in posting comments? Yesterday & today, you're as slow as the JPost in posting. Many blogs automatically post, have you seen the system at The Economist or Jihad Watch? Come join us in the 21st Century .........
13  |  sebastian, England, Monday Aug 10, 2009
Lydia It seems to me it is you that spits on international law, not Israel.
14  |  Truth the Club Bearer, Israel, Monday Aug 10, 2009
Lydia, you should return to your old profession as a street walker.It is more honourable than the filth that comes out of your mouth.
15  |  Magnus Lindberg, Monday Aug 10, 2009
When you send Qassam rockets towards civilians what will happen? Of course with one of the worlds strongest armies has to retaliate. But sincerely in the future, is not the best way of getting peace; trade between Israel-arabs, schools, employment, economical success and lessening the grip of religious extremists instead of letting them get the initiative. By keeping Gaza in a cage Israel and Egypt will raise extremists. A very smart thing was what the US did to Germany after the war. If the Gazans are trading, working, eating and sending their children to school they will not fight.
16  |  daat y, Monday Aug 10, 2009
How do you allow outright perverse lies as no.2 lydia to be published?
17  |  adam, Monday Aug 10, 2009
lol hahaahahaha international law was not on israels side hahaha how many israelis actually believe that BS? come on....under international law east jerusalem is palestinian, do you accept that you zionist thugs
18  |  andy-london, Monday Aug 10, 2009
It doesn't matter one whit to these people whether Israel was proved right or not.They've been so indoctrinated from childhood with such evil hatred of the jews that to agree would either ostracize them from their families AND communities,or else they'd be put to death.That's the kind of evil mindset their brought up in.I've never yet read of 1 islamic commentator who agreed to any sensible discussion proving the TRUTH of anything a jew said,because their full of fear of their mad clerics and imams.Only muslims that's been converted would agree with the jews.
19  |  UK, Monday Aug 10, 2009
Lydia I would ask you to clarify your position on the right of a person to protect his family from been raped,murdered by a bunch of thugs who shoots and also uses their children,wives as a hostage to prevent law enforcement agents from arresting the thugs? If in the attempt of making a lawful arrest and the thug uses a dynamite to blow up his family,would you accuse the law enforcement officers of murdering the family? I think that for any rational mind would not blame the officers who were carrying out legitimate duty, you would rather hold the terrorists, thugs responsible for their death?
20  |  Yacov Yosifovitch NYC. Kick all Gazan's out & level Gaza, Monday Aug 10, 2009
The Lord of Israel has speken: IT is Time! Time To RE-INVADE GAZA! O' Eretz, my Love; Time To Re-Invade Gaza & push-out ALL EVERY & ANY CANAANite Person, Young, Lame&Old, includes their Dogs & Goats & Sheep & Cows..... GAZA must be Flatend Completely NOW! Turn-it into a 'Vacant Parking Lot' and leaveit that way for 1000 Years! They are 'Wilder' & more Jealously-Blind than ISHMAEL includes ESAU!. Now they, them Ex-Idol Baal Worhiping 1/2 Human HAMASs Hijacked our ABRAHAM & suddenly turn to MECCA WAHABI-bi ex-Idol Templ sudenly turnd JUDEO-Islamic! JEALOUS'd peopl who have ALLAH&mu-HAM-MAD!!
21  |  Son of Star / UK, Monday Aug 10, 2009
To Lydia,pointless to speak about your lies,spins,inuendoes.You speaks ouright fraud.You do not understand what is international law.You are just speaking nonsense, because you are Torahless,without God and not wanting to know that Israel, the land of Jews has being 4000 years their property,with such king as David, and Solomon. Why not go back to proper story of the Bible?where was the first temple built by king Solomon in which land was it built? You know but you outrightly deny Biblical fact of Jewish presence in the Holy land for over 4000 yrs,not in 1948,when Israel was back on her land.
22  |  Gábor Fränkl Budapest, Hungary, Monday Aug 10, 2009
Lydia, your proper place is in the first available asylum in Australia, be it in Melbourne, Sydney, Perth, Adelaide, Canberra or anywhere else. The first oner nearest your home baby!
23  |  Yacov Yosifovitch :The GAZA-Cancer mustbe Surgically-Removed, Monday Aug 10, 2009
#2 et al: Let Iran & Saudi , UAE, Pakistan & CO., take all the , soon to be, rightly Displaced, or Deservingly so, So-called EX-Idol Baal/Meccan Worshipers suddenly Turned JUDEO-ISLAMIC via their MADning 'Alla Akbar" song/call [My/our god, which mu-HAM-MAD HIJACKED from Israel, is greater than your Judeo-Christ or Judeo-Jew or even Judeo-Hindu & Judeo-Buddha la la gods/Faith system(s)] . Mr. Olmert, Barak & SHARON (pbuh] was too nice! Gig an inch, the wild-1/2-Humans, if any, take a mile! There's a saying, "Never bite the Hand that feeds You". Here It means G-D, not via Israeli good People!
24  |  molly-glasgow, Monday Aug 10, 2009
#2 you already stated in one of your comments that Israel didn't respect Int law,and now that Int.law comes down in FAVOUR of Israel your against it.Are you really that biased that you see only what makes YOU comfortable?Then your not an intelligent person but very bigoted with a one sided view, therefore you cant take the truth.
25  |  Naftush, Israel, Monday Aug 10, 2009
To Lydia: please share with us your observation about the other countries on your list of rogue states. You've got such a list, don't you? Or is Israel the only rogue state on your radar? Oh, well. Now tell us where Israel unilaterally declared its borders. Nowhere? Oh, well. Let's move on to the use of biological and chemical weapons. When and where did that happen? Oh, well. Now put up some evidence about the shooting of women and children at point-blank range. You accused Israel of this in the present tense, meaning not just in Cast Lead but as S.O.P. Oh, well. Gosh, I'm out of space.
26  |  Yacov Yosifovitch On:"O' Al Islam What hath Ye Done to ALLAH, Monday Aug 10, 2009
The "IT", Lord, YAWH, ALLAH, LORD.... has spoken: Thus sayth "IT" (new Name for G-D, no more 99 names) "Hear O' Al Islam, via my signs, What Hath Ye Done to YE Brothers & Sisters again & again, against Your People, Our People?" WHY why O' al Islam, my children now turned Wild & ugly CANAANites once again, why hath Ye desecrated My Name & Muhammad 'Message' whom I sent from "THE PEOPLE OF THE 'PELEG'ians, not MY-CHOSEN-JOKTANians Nation, to Deliver You from lonliness, from self inhilliation, from ignorance, Idols...?" the HOLY-NO-MAN say'th, "O' Haram, not Hallal & now a-Jealous&MAD Islam....
27  |  Yacov Yosifovitch On:"O' Al Islam What hath Ye Done to ALLAH, Monday Aug 10, 2009
The "IT", Lord, YAWH, ALLAH, LORD.... has spoken: Thus sayth "IT" (new Name for G-D, no more 99 names) "Hear O' Al Islam, via my signs, What Hath Ye Done to YE Brothers & Sisters again & again, against Your People, Our People?" WHY why O' al Islam, my children now turned Wild & ugly CANAANites once again, why hath Ye desecrated My Name & Muhammad 'Message' whom I sent from "THE PEOPLE OF THE 'PELEG'ians, not MY-CHOSEN-JOKTANians Nation, to Deliver You from lonliness, from self inhilliation, from ignorance, Idols...?" the HOLY-NO-MAN say'th, "O' Haram, not Hallal & now a-Jealous&MAD Islam....
28  |  zapit, Monday Aug 10, 2009
#2 - lydia, I hope, after your tirade you feel better now. Get a cup of coffee, put on your glasses and read the report first, speak later.
29  |  Mark Jeffery Koch Cherry Hill, New Jersey USA, Monday Aug 10, 2009
No other country in the world would sit idly by and allow thousands of rockets targeted at their citizens homes, schools, and hospitals to continue to rain down death and destruction on their population. Israel was 100% correct in launching Operation Cast Lead. Any responsible government would have done the same thing. My only regret is that the IDF did not go farther. They knew the Hamas leadership was hiding in a bunker in a hospital and they should have gone in and wiped them all out. Not only would Israel have been better off with them gone but so would the citizens of Gaza.
30  |  Christian Samuel, Monday Aug 10, 2009
Israel is a lawless country. For example, Israel allows Jewish settlers to build "manifestly illegal" settllement outposts on stolen Arab land. This land theft is a violaiton of the Israeli law itself. But the government of Israel acts as the administration of a group of mafia thugs, which means that if you are not a member of the "holy tribe" you will be crushed by the discrimination. In Gaza, Israel committed a real genocide. What else one can say of an army that rains white phosphorus and bombs on an utterly unprotected and innocent civilian population?
31  |  Mike Feldman, Canada, Monday Aug 10, 2009
lydia. How can Israel be so nasty. After all after Israel recognized its "unilaterally declared borders" in UN Resolution 181, Egypt, Lebanon, Syria, Jordan and Iraq brought out the Welcome Wagon to make the new State feel right at home, and those darn Israelis spoiled the party. The Palestinians, a newly minted indigenous people circa 1978, have lived up to every agreement, but those nasty Israelis keep rejecting the overtures to peace and harmony being offered to them. Imagine the nerve of breaking a ceasefire with Hamas. A ceasefire which allowed for the launching of thousands of rockets into Israel. Why can't the Israelis just rollover and die?
32  |  Sherlock Holmes London, Monday Aug 10, 2009
It's seldom mentioned that if an army operates from a civilian population, that army is resposible for civilian deaths caused by the fighting. The hamas government used schools, mosques, blocks of flats etc. for military operations. Their headquarters was in a bunker below their main hospital. How much more clearly can you use human shields? Israel's critics speak largely out of ignorance and bias.
33  |  moukhnin jamal masri, ramallah, Monday Aug 10, 2009
#2 lydia what and which, exactly, do tell, which biological weapons of mass destruction did israel use against the palestinians? do tell us which biological agents were used. don't be shy now, common, do tell us of those israeli biological weapons used on palestinians in gaza. or are you suha arafat that said israel is gassing palestinian children, or are you confusing israel with sadam hussein who gassed millions of his citizens who tried to defy him. you are an inmecile of the first order. moukhnin jamal masri ramallah
34  |  David Guy Rehovot Israel, Monday Aug 10, 2009
"Comments are moderated and will not appear on this blog, until they have been reviewed and deemed appropriate for posting." WHO MODERATED LYDIA?
35  |  David Guy Rehovot, Israel, Monday Aug 10, 2009
Most of the Report could and should have been written before the war started. A revised report dealing with special cases e.g. Phosphorus could have been written and distributed in days after the end of hostilities. WHY DID THIS REPORT TAKE MONTHS?
36  |  cares1996, Monday Aug 10, 2009
To the people with the ability to think for themselves,this is another case of tactics repeating.Israel like any other country has a right to defend itself.These people are quite probably the same ones that said after umpteen resolutions from U.N. that fighting in Iraq was unjust to say that the terrorist group operating in one theatre was bad, but if they operate elsewhere, is okay is ridiculous.I would strongly reccomend Israel and its allies to everything ,everywhere for as long as necessary to crush terrorism.Don`t give a inch or they`ll think they`re the ruler
37  |  cares1996, Monday Aug 10, 2009
Watch these ones closely,they may sometimes seem harmless but are they not advocating against a free soceity ones that even lets them speak.If left to fester this could become extremely hazardous to everyones health.Send them back to Moscow if they like it so much, AND FURTHERMORE if that was such a great system of government they wouldn`t have to use hostility to expand ,people would be anxious to join.Please don`t treat this area passively.
38  |  Observer USA, Monday Aug 10, 2009
International Law is on Israel's side in as much as Israel was attacked wi9th Qassams and defended itself. But it is NOT on Israel's side with regard to the atrocious manner IN WHICI THIS WAR WAS CONDUCTED - with wanton destruction and overkill against so many hundreds of children, women and civilians in general. Same goes for the Lebanon war.
39  |  YacovYosifovitch :Al TAQIYAH Saudi hav aquireTheAtomicABomb, Monday Aug 10, 2009
Incamera (secret): REVELATION: Saudi Arabia owns Pakistans Sunni-NUCLEAR-BOMB, secretly Financed by Riyahd & Afghanistans & Pakistans Drug-Lords (Heroin/Opium & Hashish). So, My Eretz Yisroel; Dear SABRAS of this World; Time To Destroy MECCA & their KABBA of Jealousy & Level the Al Aqsa house of Jealousy in Jerusalem thereat for the Trangressions of WAHABi-bi's Descration Of Al ISLAM ; Wherefore the DOWN-FALL of Islam's WAHABi , the Theocratic & Monarchic House & Satanic-Vesus of el Saudi must be destroyed! For curseth al Saudi wants modern Israel & Take her by proxy as they did 632 & 637 A.D. invasion of GAZA et al.
40  |  Mike Feldman, Canada, Monday Aug 10, 2009
Fellow posters. With people like lydia and Tom, we are being sucked into responding to their addiction for attention. Its tempting to respond to their needs, which they try to satisfy with outlandish statements, bu lets try to act as if they're not here. After all, adults have an obligation to correct children's bad behavior, and since they on this site, we might as well treat them as our misbehaving children.
41  |  YacovYosifovitch :Al TAQIYAH Saudi hav aquireTheAtomicABomb, Monday Aug 10, 2009
Incamera (secret): REVELATION: Saudi Arabia owns Pakistans Sunni-NUCLEAR-BOMB, secretly Financed by Riyahd, Afghanistans &Pakistans Drug-Lords (Heroin/Opium &Hashish). O My Eretz Yisroel; mySABRAS of thisWorld; TimeToDestroy MECCA &their idol KABBA hous &Level Al Aqsa Dome ofJealousy in Jerusalem for Trangressions of WAHABi-bi's Desicration Of G-Dgivn Al ISLAM; Wherefore the DOWN-FALL of Islam's WAHABi throne of Theocrat &Monarc House & SATANIC-VESUS of elSaudi must-be-destroyed! O al Saudi whom coveth al Israel & plans toTake her again byproxy as they stole GAZA 632 & JERU&IRAN 637 AD etal.
42  |  Cember, Monday Aug 10, 2009
Whether "[t]he authors of the document recognize, accept, and embrace international law" or not, it is a chimera. It is only law to those who agree that it is law. The closest thing to an international legislative body, the UN, is a legislature in which a majority of its delegates are appointed by dictators. Not one of its legislators is elected by the people he purports to represent. Treaties, which form the 2nd basis for IL, are subject to renunciatiation. The 3rd leg, accepted custom, is only binding if a nation agrees that it's legally binding. It only applies to sovereign states...
43  |  Tom, US, Monday Aug 10, 2009
If this is true then international law was on Hitlers side also.
44  |  andy-london, Monday Aug 10, 2009
#17 adam I see your under a new name now so I take it from your childish response you'll be about 13 or 14.Go and ask your mad clerics in the madrasses why dont they allow us infidels to give comments on their websites. Ask them what their afraid of.Oh I forgot you'd be put to death .Go ask your mamma or pappa then.Oh I forgot about your sharia law as you'd probably be taken out and lashed.You see you still live under the 6th century mindset so dont let them EVER hear you laughing as you know your not allowed to.So have a laugh here we dont mind.ENJOY YOURSELF KIDDO
45  |  psk, Monday Aug 10, 2009
Most people know as little about international law as they know about any other matter they dabble in. But it is possible to read what the Foreign Ministry has posted regarding the most basic points. What does not make sense is to quibble over the fine points of press reports about Israel and disregard the criminality of Hamas' basic modus fugiendi. Launching the toys they got from Santa Claus in Iran and then, when it comes to a battle, hiding behind women and children, these brave warriors then cry "war-crime" - like the refrain of a popular song.
46  |  Duncan Lennox, Monday Aug 10, 2009
The devil is not in the details. The Jewish homeland was created ,expanded and enforced by the ethnic cleansing of Palestine by Zionist led forces. The rational world sees this & the 60 years of persecution, denial of civil rights and expulsion of the indigenous population of Palestine by the Zionists and is appaulled. The Divine Right to Palestine is a silly myth. Even Israeli archaeologists (I.Finkelstein) agree that there was no Exodus from Egypt or invasion by Joshua. The ancient Israelites were Canaanites. Ergo no covenant or promised land. The truth vs fiction is slowly being accepted.