Stephen Shalom: Question and Answer on Gaza

Question and Answer on Gaza
By Stephen Shalom
Z Net

On December 27, 2008, Israel launched its brutal assault on Gaza, Operation Cast Lead. The aim here has been to collect in one place the most frequently-asked questions and to offer answers and sources. You can read the whole thing through (warning: it's long!) or see a separate list of sections and questions, and jump to the ones you're interested in.

Introduction

1. Doesn't Israel have the right to defend itself and its population from rocket attacks?

Rockets from Gaza aimed at Israeli civilians violate international law.

But any assessment of whether Israeli military actions constitute lawful self-defense has to take account of the context and the question of proportionality.

The broad context is that the Israeli occupation of the Palestinian territories is illegal and unjust and Israel can't claim self-defense when Palestinians struggle by legitimate means to end the occupation. (In the same way, Japanese troops couldn't claim self-defense when they were attacked by guerrillas in occupied China or the occupied Philippines during World War II.)

The proper Israeli response to such Palestinian actions is not "self-defense," but full withdrawal from the occupied territories.


Gaza

2. While conquests in wars of aggression are clearly illegal, didn't Israel obtain the West Bank and Gaza as the result of a defensive war against an attack waged by neighboring Arab states?

The West Bank (including East Jerusalem) and Gaza, as well as the Sinai and the Golan Heights were conquered by Israel during the June 1967 war, a war in which Israel attacked first. Israel's supporters argue that although Israel fired the first shots, this was a justified preventive war, given that Arab armies were mobilizing on Israel's borders, with murderous rhetoric. The rhetoric was indeed blood-curdling, and many people around the world worried for Israel's safety. But those who understood the military situation -- in Tel Aviv and the Pentagon -- knew quite well that even if the Arabs struck first, Israel would prevail in any war. Egypt's leader was looking for a way out and agreed to send his vice-president to Washington for negotiations. Before that could happen, Israel attacked, in part because it rejected negotiations and the prospect of any face-saving compromise for Egypt. Menachem Begin, who was an enthusiastic supporter of that (and other) Israeli wars was quite clear about the necessity for launching an attack: In June 1967, he said, Israel "had a choice." Egyptian Army concentrations did not prove that Nasser was about to attack. "We must be honest with ourselves. We decided to attack him."[1]

However, even if it were the case that the 1967 war was wholly defensive on Israel's part, this could not justify continued rule over Palestinians. A people do not lose their right to self-determination because the government of a neighboring state goes to war. Sure, punish Jordan and don't give it back the West Bank (to which it had no right in the first place, having joined with Israel in carving up the stillborn Palestinian state envisioned in the UN's 1947 partition plan). And don't return Gaza to Egyptian administrative control. But there is no basis for punishing the Palestinian population by forcing them to submit to foreign military occupation.

Israel immediately incorporated occupied East Jerusalem into Israel proper, announcing that Jerusalem was its united and eternal capital. It then began to establish settlements in the Occupied Territories in violation of the Geneva Conventions, which prohibit a conquering power from settling its population on occupied territory. The Israeli government legal adviser at the time, the distinguished jurist Theodor Meron, warned that any settlements would be illegal,[2] but he was ignored.

And the International Court of Justice has ruled -- in a portion of an opinion that had the unanimous support of all its judges, including the one from the United States -- that all the settlements in the occupied territories are illegal.[3]

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