Israel may face UN court ruling on legality of Gaza conflict

[Porschenut1066]

Israel faces the prospect of intervention by international courts amid growing calls that its actions in Gaza are a violation of world humanitarian and criminal law.

The UN general assembly, which is meeting this week to discuss the issue, will consider requesting an advisory opinion from the international court of justice, the Guardian has learned.

http://www.guardian.co.uk/world/2009/jan/14/israel-gaza-un-court-palestine

"There is a well-grounded view that both the initial attacks on Gaza and the tactics being used by Israel are serious violations of the UN charter, the Geneva conventions, international law and international humanitarian law," said Richard Falk, the UN's special rapporteur on the Palestinian territories and professor emeritus of international law at Princeton University.

"There is a consensus among independent legal experts that Israel is an occupying power and is therefore bound by the duties set out in the fourth Geneva convention," Falk added. "The arguments that Israel's blockade is a form of prohibited collective punishment, and that it is in breach of its duty to ensure the population has sufficient food and health care as the occupying power, are very strong."

<snip>

"The blockade of humanitarian relief, the destruction of civilian infrastructure, and preventing access to basic necessities such as food and fuel are prima facie war crimes," a group of leading QCs and academics, including Michael Mansfield QC and Sir Geoffrey Bindman, wrote in a letter to the Sunday Times.

More likely, experts say, is the establishment of ad-hoc tribunals of the kind created to deal with the war in the former Yugoslavia and the genocide in Rwanda.

"If there were the political will there could be an ad-hoc tribunal established to hear allegations of war crimes," Falk said. "This could be done by the general assembly acting under article 22 of the UN charter which gives them the authority to establish subsidiary bodies."

[Chulanowa]

1. Israel to ignore; US to keep funding; UN to write nasty letter again

The UN will not accomplish anything until its member states actually take action. Not just with the Israel-Palestine thing, but anywhere. Basically it's a bunch of flabby, middle-aged, slightly moist men huffing and harrumphing at each other ineffectively.

[B o d i]

2. Why is the UN so toothless, do you think? Could it have something to do with America's vetoes?

Here's a list of UN Security Council vetoes over the years http://www.globalpolicy.org/security/membship/veto/vetosubj.htm

Now, I'm not saying USA is the only veto happy country, there are plenty there from the USSR (now Russia) and a couple from China, UK, and even France as well over the years. Particularly when it comes to the Middle East though, well, see for yourself at the link above.

[Chulanowa]

3. I always wondered what's up with Russia

You still get to keep your Security Council seat even after you cease being a country and lose most of your military ability? Membership must be genetic.

Absolutely it's due to the vetoes. But if the US can act unilaterally to start shit, I'm saying other nations should at least make motions of trying to end it.

[Smith_3]

4. Kick.

Brilliant.

[donnaming]

5. veto

The UN general chamber are drafting another one for thursday this week.

[madrchsod]

6. the guys who run israel could care less about the UN

as long as they have the us government under their thumb they know nothing will happen.

[bunnies]

7. 7 more days could change that.

Lets hope.