Home > Top US Law Professor condemns Israeli violation of International Law over Gaza

Top US Law Professor condemns Israeli violation of International Law over Gaza

by Open-Publishing - Wednesday 5 July 2006
4 comments

Wars and conflicts International

According to top American academic lawyer Professor Marjorie Cohn, Israel’s disproportionate bombardment and invasion of Gaza in retaliation for the kidnapping of one Israeli soldier is illegal because it constitutes collective punishment of innocent civilians.

Collective punishment of civilians is specifically prohibited by International Conventions including the Hague Regulations and the Geneva Convention. The Universal Declaration of Human Rights and the Rights of the Child Convention are also being violated by Israel’s violent actions. Thus seven (7) Occupied Palestinian children are dying every day due to Israel’s violation of International Conventions and this death toll will inevitably rise in Gaza following the Israeli destruction of half the power supply (with consequent masssive deficits in potable water, sanitation and hospital services).

Professor Marjorie Cohn states unequivocally: “Israel’s brutal retaliation against Palestinian civilians constitutes collective punishment. Attacks on a civilian population as a form of collective punishment violate article 50 of the Hague Regulations”, “The Fourth Geneva Convention also prohibits collective punishment. Article 33 ...” and “Collective punishment is likewise forbidden by Article 75 of Protocol I to the Geneva Conventions. As four US Supreme Court justices agreed in Hamdan v. Rumsfeld last week, Article 75 is "indisputably part of the customary international law."” (see: http://mwcnews.net/content/view/8033/26/).

The civilized world demands observance of International Law and International Conventions such as the Geneva, Human Rights and Rights of the Child Conventions. In addition, billions of people observe the Mosaic Ten Commandments (notably “thou shall not kill” ) and what theologians call the “Natural Law” (of which one of the most basic injunctions is “thou shall not kill Children”).

About half the civilians of the Occupied Palestinian, Iraqi and Afghan Territories are Children. The post-invasion under-5 infant deaths in the Occupied Palestinian, Iraqi and Afghan Territories so far total 0.2, 0.4 and 1.4 million, respectively - and about 90% of this carnage is avoidable and due to gross Israeli and Coalition violation of the Geneva Convention (for detailed documentation see: http://mwcnews.net/content/view/533/26/ and http://globalavoidablemortality.blo... ).

What sort of people make War on Children - and what sort of people simply look the other way?

In the Occupied Palestinian Territories about 2,400 under-5 year old infants die avoidably each year due to war criminal Israeli non-provision of the life-sustaining requisites demanded unequivocally of Occupiers by the Geneva Conventions; about 200 Palestinian children are killed violently each year by Israeli soldiers or settler militias; the "annual under-5 infant death rate" is 0.51% in the Occupied Palestinian Territories as compared to 0.12% in contiguous Occupier Israel. This carnage amounts to about 2,600 avoidable deaths of Palestinian Children each year - or 7 (seven) EACH DAY (see: http://globalavoidablemortality.blo... .

Before the Israeli invasion and bombardment of Gaza, seven (7) Palestinian children were dying avoidably every day due to Israeli violation of the above Conventions and Laws. With the destruction of half the Gaza electricity system, the daily death toll of utterly innocent Children will undoubtedly climb due to deficits in potable water supply, sanitation, emergency transport and hospital services. This mounting humanitarian crisis is of major concern to the UN in particular.

Those who knowingly deny, ignore, excuse, obfuscate, advocate, support or effect the gross human rights abuse of any Children in any way in word or deed - or indeed gross human rights abuse of anyone - are utterly beyond the bounds of acceptable human behaviour.

Professor Marjorie Cohn has called on the American people to act: "It is time for the American people to demand that the US government stop its support for Israel’s aggression against the Palestinian people" (see: http://mwcnews.net/content/view/8033/26/ ).

Israel has illegally held 4 million Palestinians hostage in appalling and traumatizing conditions for nearly 40 years - with no end in sight to this sustained gross abuse of human rights. Trenchant International condemnation coupled with boycotts and sanctions should be urgently applied to bring Israeli state terrorist violence to a halt.

Peace is the only way. Indeed "interim peace plans" have been advanced that are just, workable and can be implemented immediately (simply search the web for "interim peace plan"). Non-violence and peace with justice and reconciliation represent the only sensible way forward in the Holy Land.

Forum posts

  • Another voice crying in the wilderness......

    Dear doctor Polya,

    Save your breath.

    Condemn all you like, Israel won’t change. They’ve got the US as their lapdog. Israel is the biggest violater of UN Resolutions on THE PLANET. You think they give a damn about ’international law’.. or human rights for that matter.....???

    The self-proclaimed ’chosen people’ will do whatever the heck they want and if the world gets on their ass about it, all they have to do is pull the ANTISEMITISM card! Works every time.

    Hah

    • Here are a few:

      1955-1992:
      * Resolution 106: " . . . ’condemns’ Israel for Gaza raid".
      * Resolution 111: " . . . ’condemns’ Israel for raid on Syria that killed fifty-six people".
      * Resolution 127: " . . . ’recommends’ Israel suspends it’s ’no-man’s zone’ in Jerusalem".
      * Resolution 162: " . . . ’urges’ Israel to comply with UN decisions".
      * Resolution 171: " . . . determines flagrant violations’ by Israel in its attack on Syria".
      * Resolution 228: " . . . ’censures’ Israel for its attack on Samu in the West Bank, then under Jordanian control".
      * Resolution 237: " . . . ’urges’ Israel to allow return of new 1967 Palestinian refugees".
      * Resolution 248: " . . . ’condemns’ Israel for its massive attack on Karameh in Jordan".
      * Resolution 250: " . . . ’calls’ on Israel to refrain from holding military parade in Jerusalem".
      * Resolution 251: " . . . ’deeply deplores’ Israeli military parade in Jerusalem in defiance of Resolution 250".
      * Resolution 252: " . . . ’declares invalid’ Israel’s acts to unify Jerusalem as Jewish capital".
      * Resolution 256: " . . . ’condemns’ Israeli raids on Jordan as ’flagrant violation".
      * Resolution 259: " . . . ’deplores’ Israel’s refusal to accept UN mission to probe occupation".
      * Resolution 262: " . . . ’condemns’ Israel for attack on Beirut airport".
      * Resolution 265: " . . . ’condemns’ Israel for air attacks for Salt in Jordan".
      * Resolution 267: " . . . ’censures’ Israel for administrative acts to change the status of Jerusalem".
      *Resolution 270: " . . . ’condemns’ Israel for air attacks on villages in southern Lebanon".
      * Resolution 271: " . . . ’condemns’ Israel’s failure to obey UN resolutions on Jerusalem".
      * Resolution 279: " . . . ’demands’ withdrawal of Israeli forces from Lebanon".
      * Resolution 280: " . . . ’condemns’ Israeli’s attacks against Lebanon".
      * Resolution 285: " . . . ’demands’ immediate Israeli withdrawal form Lebanon".
      * Resolution 298: " . . . ’deplores’ Israel’s changing of the status of Jerusalem".
      * Resolution 313: " . . . ’demands’ that Israel stop attacks against Lebanon".
      * Resolution 316: " . . . ’condemns’ Israel for repeated attacks on Lebanon".
      * Resolution 317: " . . . ’deplores’ Israel’s refusal to release Arabs abducted in Lebanon".
      * Resolution 332: " . . . ’condemns’ Israel’s repeated attacks against Lebanon".
      * Resolution 337: " . . . ’condemns’ Israel for violating Lebanon’s sovereignty".
      * Resolution 347: " . . . ’condemns’ Israeli attacks on Lebanon".
      * Resolution 425: " . . . ’calls’ on Israel to withdraw its forces from Lebanon".
      * Resolution 427: " . . . ’calls’ on Israel to complete its withdrawal from Lebanon.
      * Resolution 444: " . . . ’deplores’ Israel’s lack of cooperation with UN peacekeeping forces".
      * Resolution 446: " . . . ’determines’ that Israeli settlements are a ’serious
      obstruction’ to peace and calls on Israel to abide by the Fourth Geneva Convention".
      * Resolution 450: " . . . ’calls’ on Israel to stop attacking Lebanon".
      * Resolution 452: " . . . ’calls’ on Israel to cease building settlements in occupied territories".
      * Resolution 465: " . . . ’deplores’ Israel’s settlements and asks all member
      states not to assist Israel’s settlements program".
      * Resolution 467: " . . . ’strongly deplores’ Israel’s military intervention in Lebanon".
      * Resolution 468: " . . . ’calls’ on Israel to rescind illegal expulsions of
      two Palestinian mayors and a judge and to facilitate their return".
      * Resolution 469: " . . . ’strongly deplores’ Israel’s failure to observe the
      council’s order not to deport Palestinians".
      * Resolution 471: " . . . ’expresses deep concern’ at Israel’s failure to abide
      by the Fourth Geneva Convention".
      * Resolution 476: " . . . ’reiterates’ that Israel’s claim to Jerusalem are ’null and void’".
      * Resolution 478: " . . . ’censures (Israel) in the strongest terms’ for its
      claim to Jerusalem in its ’Basic Law’".
      * Resolution 484: " . . . ’declares it imperative’ that Israel re-admit two deported
      Palestinian mayors".
      * Resolution 487: " . . . ’strongly condemns’ Israel for its attack on Iraq’s
      nuclear facility".
      * Resolution 497: " . . . ’decides’ that Israel’s annexation of Syria’s Golan
      Heights is ’null and void’ and demands that Israel rescinds its decision forthwith".
      * Resolution 498: " . . . ’calls’ on Israel to withdraw from Lebanon".
      * Resolution 501: " . . . ’calls’ on Israel to stop attacks against Lebanon and withdraw its troops".
      * Resolution 509: " . . . ’demands’ that Israel withdraw its forces forthwith and unconditionally from Lebanon".
      * Resolution 515: " . . . ’demands’ that Israel lift its siege of Beirut and
      allow food supplies to be brought in".
      * Resolution 517: " . . . ’censures’ Israel for failing to obey UN resolutions
      and demands that Israel withdraw its forces from Lebanon".
      * Resolution 518: " . . . ’demands’ that Israel cooperate fully with UN forces in Lebanon".
      * Resolution 520: " . . . ’condemns’ Israel’s attack into West Beirut".
      * Resolution 573: " . . . ’condemns’ Israel ’vigorously’ for bombing Tunisia
      in attack on PLO headquarters.
      * Resolution 587: " . . . ’takes note’ of previous calls on Israel to withdraw
      its forces from Lebanon and urges all parties to withdraw".
      * Resolution 592: " . . . ’strongly deplores’ the killing of Palestinian students
      at Bir Zeit University by Israeli troops".
      * Resolution 605: " . . . ’strongly deplores’ Israel’s policies and practices
      denying the human rights of Palestinians.
      * Resolution 607: " . . . ’calls’ on Israel not to deport Palestinians and strongly
      requests it to abide by the Fourth Geneva Convention.
      * Resolution 608: " . . . ’deeply regrets’ that Israel has defied the United Nations and deported Palestinian civilians".
      * Resolution 636: " . . . ’deeply regrets’ Israeli deportation of Palestinian civilians.
      * Resolution 641: " . . . ’deplores’ Israel’s continuing deportation of Palestinians.
      * Resolution 672: " . . . ’condemns’ Israel for violence against Palestinians
      at the Haram al-Sharif/Temple Mount.
      * Resolution 673: " . . . ’deplores’ Israel’s refusal to cooperate with the United
      Nations.
      * Resolution 681: " . . . ’deplores’ Israel’s resumption of the deportation of
      Palestinians.
      * Resolution 694: " . . . ’deplores’ Israel’s deportation of Palestinians and
      calls on it to ensure their safe and immediate return.
      * Resolution 726: " . . . ’strongly condemns’ Israel’s deportation of Palestinians.
      * Resolution 799: ". . . ’strongly condemns’ Israel’s deportation of 413 Palestinians
      and calls for their immediate return.

    • See....what did I tell you? Think they’ll change? Think again.

  • The link of article above : (professor Cohn)
    has been changed to this one

    http://mwcnews.net/content/view/7925/26/