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 Posted: Thu Oct 15, 2009 9:10 pm |
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The IDF Violated Nuremberg Principles During Operation 'Cast Lead'
By Cesar Chelala
October 15, 2009 "Information Clearing House" -- In what can be
considered a sad paradox of history, an analysis of the Israel Defense
Forces (IDF) actions during Operation Cast Lead in Gaza shows that the
IDF violated several of the Nuremberg Principles, as well as the
principles of the Geneva Conventions.
The Nuremberg Principles are a set of guidelines established after
World War II to try Nazi Party members. They were established to
determine what constitutes a war crime. The Geneva Conventions consist
of four treaties and three additional protocols that establish the
standards in international law for humanitarian treatment of the
victims of war.
According to Nuremberg Principle I, "Any person who commits an act
which constitutes a crime under international law is responsible
therefore and liable to punishment." As detailed in the "Report of the
United Nations Fact Finding Mission on the Gaza Conflict," also known
as the "Goldstone Report," several crimes against unarmed civilians
were committed by the IDF during Operation Cast Lead in Gaza.
The UN Mission investigated 11 incidents in which the IDF launched
direct attacks against civilians with lethal outcome. The facts in all
except one case, states the Mission, indicate no justifiable military
objective. According to the report, "From the facts ascertained in all
the above cases, the Mission finds that the conduct of the Israeli
armed forces constitutes grave breaches of the Fourth Geneva
Convention in respect of willful killings and willfully causing great
suffering to protected persons and, as such, give rise to individual
criminal responsibility. It also finds that the direct targeting and
arbitrary killing of Palestinian civilians is a violation of the right
to life."
Both Israeli government and military officials are responsible for the
IDF actions during Operation Cast Lead. As Nuremberg Principle III
states, "The fact that a person who committed an act which constitutes
a crime under international law acted as Head of State or responsible
government official does not relive him from responsibility under
international law."
It has been argued that those that were following orders are not
guilty of crimes, and the responsibility for those crimes falls on the
superior officers. However, Nuremberg Principle IV states that, "The
fact that a person acted pursuant to order of his Government or of a
superior does not relieve him from responsibility under international
law, provided a moral choice was in fact possible to him."
Nuremberg Principle VI establishes three kinds of crimes punishable as
crimes under international law: crimes against peace, war crimes and
crimes against humanity. Among crimes against peace are those crimes
"involving planning, initiation or waging of a war of aggression or a
war in violation of international treaties, agreements or assurances."
Although the Government of Israel has the duty to defend its citizens,
it is clear that Operation Cast Lead was a war of aggression against
Gazans, out of any reasonable proportion and aimed at inflicting
massive damage on Gaza's civilian population. According to a study
carried out by B'Tselem, an Israeli human rights organization, 1,387
Gazans were killed during operation Cast Lead, a figure that includes
773 civilians and 330 combatants.
Among the war crimes established by Nuremberg Principle VI are the,
"...plunder of public or private property, wanton destruction of
cities, towns or villages, or devastation not justified by military
necessity." The UN Mission investigated several incidents involving
the destruction of industrial infrastructure, food production, water
installations, sewage treatment plants and housing. Among the
installations destroyed by the IDF was the el-Bader flour mill, the
only operating flour mill in Gaza.
As stated in the UN report, "...the Mission finds that there has been
a violation of the grave breaches provisions of the Fourth Geneva
Convention. Unlawful and wanton destruction which is not justified by
military necessity amounts to a war crime. The Mission also finds that
the destruction of the mill was carried out to deny sustenance to the
civilian population, which is a violation of customary international
law and may constitute a war crime. The strike on the flour mill
furthermore constitutes a violation of the right to adequate food and
means of subsistence."
The UN Mission also investigated four incidents in which the IDF
coerced Palestinian civilian men at gunpoint to take part in house
search operations. The men, blindfolded and handcuffed, were forced to
enter houses suspected of having combatants, ahead of the Israeli
soldiers. "From the facts available to it, the Mission is of the view
that some of the actions of the Government of Israel might justify a
competent court finding that crimes against humanity have been
committed," states the report.
Israeli Prime Minister Benjamin Netanyahu has stated that Israel will
never allow its soldiers and war-time leaders to appear before an
international war-crimes tribunal regarding the IDF conduct during the
war on Gaza. As stated in the UN Mission report, however, "In the
context of increasing unwillingness on the part of Israel to open
criminal investigations that comply with international standards, the
Mission supports the reliance on universal jurisdiction as an avenue
for States to investigate violations of the grave breach provisions of
the Geneva Conventions of 1949, prevent impunity and promote
international accountability."
Dr. Cesar Chelala, a co-winner of an Overseas Press Club of America
award, writes extensively on human rights issues.
http://www.informationclearinghouse.info/article23732.htm
--
A government, of Israel, by Israel, and, for: Israel.
But all things that are reproved are made manifest by the light:
for whatsoever doth make manifest is light. The light shineth in darkness;
and the darkness comprehended it not. The light of the body is the eye:
if therefore thine eye be single, thy whole body shall be full of light.
But if thine eye be evil, thy whole body shall be full of darkness.
If therefore the light that is in thee be darkness, how great is that darkness!
Awake thou that sleepest, and arise from the dead,
and Christ shall give thee light. For my yoke is easy, and my burden is light. |
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