Who Are The Palestinians? Part 2

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Abbas’ speech has sparked a media frenzy. What went unreported is that Abbas’ Palestinian Authority — and his Fatah political party — were responsible for the murder of 35-year-old Raziel Shevach earlier this month.

This father of six young children was shot dead by a Palestinian terrorist in a drive-by shooting attack on Israel’s Route 60, which loosely follows the Road of the Patriarchs — an ancient North-South route traversing the hills of Israel.

The PA is liable for that attack — and so many others — because it publicly and without restraint pays terrorists and their families more than a billion shekels a year, thereby enabling and encouraging terrorism. Payments are given monthly to all Palestinian terrorists jailed in Israel, including the families of terrorists who have killed or seriously wounded Israeli civilians.


(full article online)

It’s Time to Outlaw Fatah
 
Prof. Oren Yiftachel of Ben-Gurion University explained that the rocket fire must be seen “as an attempt to remind the world, Israel, and also the Palestinian leadership, that the refugee problem is still alive and kicking.”

They are against terrorism, but they’re providing justifications for terrorism. Germans have been expelled from many countries too. And Poles. And Hungarians. And Ukrainians. And Turks. And Greek. And many other people. Tens of millions. Yet we haven’t heard about rockets being launched, and we definitely haven’t heard justifications for the rocket terror. Because most of Europe would have turned into a show of fire and flames and fireworks. But that’s the rationality that has taken over the progressive elites in the Israeli-Palestinian context. Irrationality, I mean.

And so it goes. They turned down the Partition Plan? Poor people. Why would anyone give up a room in their home just because someone invaded it? That’s a justification I’ve heard about a thousand times.

It’s true that when Zionism began, there was no “Palestinian home.” And it’s true that the Palestine Exploration Fund (PEF), which produced the most accurate maps of the 19th century in the 1970s, discovered that the area had been poorly populated. And it’s true that most of today’s Palestinians arrived as work migrants or refugees from nearby countries in the past few centuries (the Zoabi family, for example, arrived at the invitation of the Ottoman government in 1873). And it’s true that Hamas’ interior minister, Fathi Hamad, admitted that the Palestinians are actually Egyptians and Saudis.

But to hell with the facts, as long as Abbas can quote dozens of experts, journalists and academics who provide incitement and propaganda material for every delusional speech he makes.

(full article online)

Stop ‘understanding’ the Palestinians
 
I have not yet seen a transcript of what Mahmoud Abbas said at Al Azhar in Cairo on Wednesday, but the small pieces published in Arabic media are enough proof of his extremism.

Egypt's Masrawy reports that Abbas said, "There is no respectable Jew in the world who accepts the Zionist entity....There are Jews who say that Jerusalem is for Muslims and Christians and for the Arabs."

(full article online)

Abbas: "No respectable Jew in the world accepts the Zionist entity" ~ Elder Of Ziyon - Israel News
 
The deeper understanding – based on a systematic survey of all available state practice – of the prohibition on settlements should inform legal discussions of the Arab-Israeli conflict, including potential investigations into such activity by the International Criminal Court. More broadly, the new understanding of Art. 49(6) developed here can also shed significant light on the proper treatment of several ongoing occupations, from Western Sahara and Northern Cyprus, to the Russian occupations of Ukraine and Georgia, whose settlement policies this Article is the first to document.

(full article online)

Unsettled: A Global Study of Settlements in Occupied Territories by Eugene Kontorovich :: SSRN
 
Last month, a video showing a man waving a Palestinian flag and smashing the windows of a kosher Amsterdam restaurant went viral. Thereafter, two policemen — who stood by during the vandalism — overpowered the attacker.

Two days later, the attacker was freed by the police with a warning that if he committed additional crimes, he would be rearrested. Later, it became known that the perpetrator is a Palestinian-Syrian asylum-seeker who’s lived in the Netherlands for several years. He reportedly promised not to repeat his hate/terror crime in Amsterdam. The prosecution also withheld several salient facts from the public — for example, that the man was an ex-combatant in Syria’s civil war.

(full article online)

The Dutch and Their Jews: The Never-Ending Shame of the Netherlands
 
Another notable point was Sackur’s adoption of Hamas’ own terminology and his breach [from 20:09] of the BBC Academy’s “journalists’ guide to facts and terminology” which, as noted here recently on two occasions, instructs the corporation’s staff not to use the term Palestine except in very specific circumstances.

Sackur: “Is the resistance in Palestine now in the hands of ordinary people – young people particularly – not with veteran leaders like you?”

Viewers and listeners may have noticed that during this interview some of the messaging they have previously received from the BBC was contradicted.

(full article online)

Hamas ‘Hardtalk’ interview rebuts BBC messaging, perpetuates inaccuracies – part one
 
Throughout the interview Zahar also promoted numerous falsehoods, smears and inaccuracies which went unchallenged by presenter Stephen Sackur – thereby leaving audiences with misleading impressions and false information.

[emphasis in italics in the original, emphasis in bold added]

1) Despite Hamas’ known misappropriation of thousands of tons of building materials intended for the repair and reconstruction of civilian homes damaged during the 2014 conflict and its spending of millions of dollars on tunnel construction and missile production rather than on public services for the impoverished residents of the Gaza Strip, Sackur failed to challenge Zahar’s claim that the poor quality of life in Gaza has nothing to do with Hamas “management”.

Zahar: “Yes, our life is very miserable – not because of bad management on our side but because of the crime committed by the Israeli occupation and by the cooperation of the Palestinian Authority with them and lastly by the impact of the international community, represented mainly by Mr Trump, against our human rights in the most important third shrine in Islam, al Aqsa Mosque.”

(full article online )

Hamas ‘Hardtalk’ interview rebuts BBC messaging, perpetuates inaccuracies – part two
 
RE: Who Are The Palestinians? Part 2
※→ Sixties Fan, et al,

Although most do not realize, but the "Introduction" of the aforementioned paper does imply, there is a difference between between the International Criminal Code (Rome Statutes) anf the International Humanitarian Law (IHL • Geneva Convention) pertaining to this issue. The Rome Statues make it just a bit clearer.

The deeper understanding – based on a systematic survey of all available state practice – of the prohibition on settlements should inform legal discussions of the Arab-Israeli conflict, including potential investigations into such activity by the International Criminal Court. More broadly, the new understanding of Art. 49(6) developed here can also shed significant light on the proper treatment of several ongoing occupations, from Western Sahara and Northern Cyprus, to the Russian occupations of Ukraine and Georgia, whose settlement policies this Article is the first to document.

(full article online)

Unsettled: A Global Study of Settlements in Occupied Territories by Eugene Kontorovich :: SSRN
(COMMENT)

As often as Article 49(6) GCIV - Settlements is raised, it always amazes me how little people understand the legal consequences. Everyone talks about the Geneva Code wording, but very few mention the three times it is mentioned in the Criminal Code:

Article 6 • Genocide
For the purpose of this Statute, "genocide" means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(e) Forcibly transferring children of the group to another group.​

Article 7 • Crimes against humanity
1. For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

(d) Deportation or forcible transfer of population;​
2. For the purpose of paragraph 1:

(d) "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;
Article 8 • War crimes
1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.

(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:

(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;​

The Article 6 citation and the Article 7 citation are out - simply because the action has to be "forced." And in these two Articles one can readily see that the use of "force" is written directly into the code. Now, some people argue that Article 8(b)(viii) • War Crime • does not stipulate that it must be "forced;" other argue that the intent s implied. How do we tell who is correct? (Rhetorical) Well we look-up the "Elements of the Offense:"

Article 8 (2) (a) (vii)-1
War crime of unlawful deportation and transfer

Elements
1. The perpetrator deported or transferred one or more persons to another State or to another location.

2. Such person or persons were protected under one or more of the Geneva Conventions of 1949.

3. The perpetrator was aware of the factual circumstances that established that protected status.

4. The conduct took place in the context of and was associated with an international
armed conflict.

5. The perpetrator was aware of factual circumstances that established the existence of
an armed conflict.
Here it is plain... The Article 8 accusation only applies to persons "protected under one or more of the Geneva Conventions of 1949."

Additionally, there is an argument to be made that on a subordite level concerning the status of Area "C" lots/property and the jurisdiction of the Israelis relative to the agreement signed, as the sole representative of the Palestinian people.

Most Respectfully,
R
 
Article 8 • War crimes
1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.
plan or policy - indeed.

 
Gaza in context, indeed.

Decades of silly Islamic terrorist fashion shows.

Indeed.


 
RE: Who Are The Palestinians? Part 2
※→ P F Tinmoore, et al,

You have to apply this a little more specifically.

Article 8 • War crimes
1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.
plan or policy - indeed.
(COMMENT)

You have to do a lot better than that.

• What evidence of a government plan or policy do you have?

• What is the difference between a large-scale commission of such crimes and that of small-scale commission of such crimes?​

If jurisdiction was so easily to determine, we would not be finishing up on the third year of the Preliminary Investigation (let alone the prosecutor's criminal investigation).

• Jurisdiction – General status •


On 1 January 2015, the Government of Palestine lodged a declaration under article 12(3) of the Rome Statute accepting the jurisdiction of the International Criminal Court (ICC) over alleged crimes committed "in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014". On 2 January 2015, the Government of Palestine acceded to the Rome Statute by depositing its instrument of accession with the UN Secretary-General. The Rome Statute entered into force on 1 April 2015.

Most Respectfully,
R
 
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