Hamas human rights violations in Gaza are unacceptable

Author: Astrid Essed

First paragraph (Teaser):

However illegal and criminal the Israeli occupation and war-crimes in the Palestinian territories, it is evident, that the principles of human rights have to be followed by all parties to the conflict, also the Palestinian resistance-organisations

Rest of the text:

Hamas human rights violations in Gaza are unacceptable

Dear Editor and Readers,

In underlying I sent to you my comment regarding the human rights violations in Gaza during the Israeli military attacks, as been reported by Amnesty International

Regarding the Israeli attacks on Gaza:

See

http://chicago.indymedia.org/newswire/display/85520/index.php

Regarding the Amnesty press release on the Hamas human rights violations

See

http://www.amnesty.org/en/news-and-updates/report/hamas-waged-deadly-cam...

http://www.amnesty.org/en/library/asset/MDE21/001/2009/en/9f210586-f762-...

Added information:

It is known to you, that I am a strong adversary of the Israeli occupation of the Palestinian territories.
With regard to that I am of the opinion, that Israel should withdraw instantly from all the occupied territories, should dismantle all illegal settlements in occupied terrirories and tear down the Wall, which is illegal also
Israel too, has to acknowledge the Palestinian right on return [1]

Further I am a strong defender of the One State Solution , on the ground of the revision of the historical injustice, the violation of the Palestinian right on selfdetermination [2]

I am also a defender of the Palestinian liberation war against the Israeli occupation power, since the Palestinians have no alternatives, by failing diplomacy to recover the Palestinian right on selfdetermination
This failure is due to the de facto continuing Western support for the Israeli occupation, as well the Israeli-created facts on the grounds, like the settlements in occupied Palestinian territories and the building of the Wall [3]

However, viewed from a human rights point of view, I am also of the opinion, that ALL parties to the conflict in the Middle-East, as in every other war or liberation struggle, are bound to the principles of International Humanitarian Law, the Geneva Conventions and all other international treaties regarding human rights [4]

This implies no military attacks on civilians or civilian goals, a humane treatment of prisoners of war and certainly no extra-judicial executions, mistreatments or torture.

As you'll know, regularly I condemn and critizise the Israeli human rights violations and war-crimes in the Palestinian occupied territories.

However, the principle of human rights must also be respected by the Palestinian resistance organisations.

From that perspective I have written underlying comment on the above mentioned Ammesty pressrelease

I think it is of importance, since some pro-Palestinian circles are inclined to look the other way when Palestinian human rights violations take place

However understandable, in the light of the assymetry of the conflict, the nearly 42 year Israeli occupation and the implicite Western support, not only it is undermining the moral credibility, of the most importance is the fact, that human rights must be applied on any human being, regardless the side of the conflict or real or alleged committed crime

Kind regards

Astrid Essed
Amsterdam
The Netherlands

[1]

As you'll know, Israel didn't implement till today UN Security Resolution 242 dd 1967, in which it was summoned to withdraw from the conquered territories in the june-war, among else the Palestinian [Westbank, Eastern Jerusalem and Gaza]
As you know, despite the military withdrawal of 2005, Gaza is still occupied territory according to International Law, since Israel is controlling the borders and the air

See

'' Relevant treaty law includes Common Article 3 to the Geneva Conventions of 1949, which sets forth minimum standards for the treatment of persons within a party's control, and the law on occupation found in the Fourth Geneva Convention of 1949, which remains applicable in Gaza because of Israel's ongoing control of many aspects of life there despite its withdrawal of forces. ''

http://www.hrw.org/en/news/2009/02/06/qa-accountability-violations-inter...

The illegality of the settlements:

According to article 49, 4th Geneva Convention, all existing settlements in occupied Palestinian territories are illegal to International Law

Regarding the Wall:

According to the ICJ Advisory Opinion dd 9-7-2004, the Israeli Wall is illegal, since it is cutting through Palestinian occupied territories

See

http://www.icj-cij.org/docket/files/131/1677.pdf

The right on return:

The right on return of the Palestinian population has been confirmed by UN General Assembly Resolution 194, dd 1948, as a reaction on the Israeli etnical cleansings dd 1948, by which 750.000 Palestinian were expulsed of their homeland

[2]

Regarding my plea for a One Statesolution:

http://scotland.indymedia.org/node/3396

[3]

Regarding the Palestinian liberation struggle

According to International Law, every population in the world has the right on resistance against the army of an occupation power is legitimate

However, in this struggle, as in any other war, all conflicts to the party have to make a strict distinction between combatants [military and fighters] and non-combatants [civilians]
With regard to that, it is strictly prohibited to attack civilians or civilian goals