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The Palestinian Authority will not return to governing Gaza after the Israel-Hamas conflict without a comprehensive agreement that includes the West Bank in a Palestinian state, the authority’s prime minister has said.
Israeli civilian and military officials have said their plan for the end of the Gaza war is to have some form of transitional authority rule the territory, perhaps involving Arab states, leading to the restoration of the Palestinian Authority (PA), which was ousted from Gaza in a 2007 Hamas coup.
But Mohammad Shtayyeh, who has been prime minister since 2019, said the PA would not cooperate without a return to a genuine peace process resulting in two sovereign states.
“To have the Palestinian Authority go to Gaza and run the affairs of Gaza without a political solution for the West Bank, as if this Palestinian Authority is going aboard an F-16 or an Israeli tank?” Shtayyeh said. “I don’t accept it. Our president [Mahmoud Abbas] does not accept it. None of us will accept it.”
Israel has provided limited details about the invasion, four days into what an Israeli official described as an “extended ground operation.” But imagery verified by The Times indicates large groups of tanks and other armored vehicles making their way deep into Gaza, as Israel’s military has continued to strike nearby buildings from the air.
In northwest Gaza, a satellite image taken on Monday morning by Planet Labs shows large groups of armored vehicles advancing about three miles south of the northern border near the coast of the Mediterranean Sea. Groups of vehicles can be seen amassed in open spaces of the densely populated area of Al Karama, northwest of Gaza City, less than two miles north of the crowded Shati refugee camp. Many nearby buildings appear to have been heavily damaged or completely destroyed by airstrikes.
Photographs also show a second group of armored vehicles near the city of Beit Hanoun, on the northeast edge of the Gaza Strip. Beit Hanoun had already been significantly damaged by airstrikes in the past several weeks.
Farther south, a video taken by Palestinian media worker Youssef Al Saifi on Monday morning, and verified by The Times, showed an Israeli armored vehicle firing on and destroying a car along Salah al-Din, Gaza’s main north-south road..
(a) Prohibited Activities.-
(1) Unlawful conduct.-Whoever knowingly provides material support or resources to a foreign terrorist organization, or attempts or conspires to do so, shall be fined under this title or imprisoned not more than 20 years, or both, and, if the death of any person results, shall be imprisoned for any term of years or for life. To violate this paragraph, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (g)(6)), that the organization has engaged or engages in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989).
This is another deeply misleading and frankly inaccurate description of the law from the chief prosecutor. As explained by legal expert and UKLFI Charitable Trust Legal Director Natasha Hausdorff, Khan’s recent statements are “attributing an evil intent to Israel without an evidentiary basis.”“There should be no doubt that every decision-maker, from head of government, to military advisors, to lawyers that have targeting-making decisions, should be on clear notice that they will be required to justify every strike against every civilian object,” Khan said.
…
“In all circumstances, human objects have to be protected, unless you can establish that they’ve lost their protection,” he continued.
Khan said civilian targets, such as a “house or school or hospital or a church or a mosque,” are required to be protected under international law unless they become military objectives.
He said to determine whether those targets are military objectives is “complex” and will require analysis and information.
“You’ve got to prove that — you can’t assume it. And the burden of proof is on the person that is firing at, or targeting the dwelling house, or the school or the hospital or the church or the mosque,” Khan outlined.
Khan also misled when he “warned that denying humanitarian assistance to civilians is a crime.” As has been articulated in several articles by legal experts recently, it’s not that simple. In a 2022 article, United States Military Academy law professor Sean Watts explained that siege law rules “reflect a compromise between human needs and military demands,” And while there is debate about how the rules around starvation in siege work, another United States Military Academy professor, Thomas Wheatley, explained: “To interpret the law to categorically outlaw even incidental civilian starvation would be to create an exception that swallows the rule, which ‘could well render siege impossible as it has historically been known…’”Mr. Khan’s statement is outrageous and false in three different respects.
First, nothing in the laws of war requires warring parties to “prove” to the ICC or to anyone else the legitimacy of their targeting decisions. In a war, combatting parties are required to aim their fire at legitimate targets based on the information they have available at the time. Israel does this in all cases; Hamas and other Palestinian combatants never do this. There is no doctrine in international law requiring that Israel or any other party share its intelligence with the ICC or any other actor; there is certainly nothing requiring Israel to prove the validity of its decisions to the satisfaction of the ICC or any other party.
Second, Mr. Khan’s role is that of a criminal prosecutor, not a grand overseer over military operations. Criminal law place the burden of proof on the prosecutor, who must prove all elements of his case beyond a reasonable doubt. The suggestion that the ICC prosecutor can simply shake off the burden of proof and assign it to Israel due to his bias or laziness is presumptuous, at best, and willfully ignorant of the most basic principles of international criminal law.
Third, and most striking, Mr. Khan’s statement must be evaluated in relation to his exceptional caution in referring to Hamas’ numerous and ongoing severe crimes against humanity, crimes of genocide and war crimes. Hamas is daily and openly targeting civilians, committing acts of genocide, using human shields, holding hostages, engaging in persecution, abusing humanitarian symbols and institutions, and committing numerous other crimes. Mr. Khan has mentioned publicly only some of Hamas’ crimes, and in every mention, he has taken care to describe the crimes as “alleged,” while stating that the crimes must be “proved” by the court. By contrast, when discussing Israel, Mr. Khan places the burden of proof not on the court but on Israel. It is clear that Mr. Khan is creating and attempting to enforce a double standard in which Israeli Jews are guilty until proven innocent and Palestinian Arabs are innocent until proven guilty. This is bigoted and a fundamental betrayal of the rule of law.
Great article. I'm not sure where you think our points of disagreement are.
First, that Israel had not only a right but a moral obligation to respond to Hamas’ vicious attack on its civilian population.
Agree? No?
AgreeThis may not seem obvious, as a ceasefire would certainly lead to some immediate reduction in civilian suffering. Indeed, a temporary ceasefire to provide humanitarian relief before further Israeli escalation might well be a good idea.
Agree? No?
But an indefinite ceasefire is politically impossible in Israel — no major faction could countenance it — for reasons that speak to the very purpose of having a state. Governments owe their citizens a duty of protection, to keep them safe from external threats. If Hamas is not militarily degraded and deterred by the end of this operation, the Israeli state will have failed in this basic task.
Agree? No?
Agree…but that is where I think Israel dangerously close to crossing the line if it hasn’t already.Second, that no matter how barbarous Hamas’ conduct, Israel cannot itself ignore the laws and moral codes governing warfare in response. While civilian casualties are a terrible inevitability in warfare, there are clear moral rules that any state must follow — even when facing a brutal enemy who disregards all of them like Hamas.
Agree? No?
Agree. And I have said so already.I will further add to the quote from the article above:
Hamas and the people of Gaza have a responsibility as well. It can not all be laid on Israel.
Agree? No?