Israeli Leadership LEGITIMIZES & NEGOTIATES With Hamas Terrorists.”Cease-Fires” & Fleeing Jews;The Nexus…Commentary By Adina Kutnicki

An Israeli commando from the engineering corps Yahalom (“Diamond”) unit takes part in a tunnel-hunting drill in Sirkin special forces base, near Tel Aviv …

An Israeli army officer on Friday shows journalists a Palestinian tunnel that runs from the Gaza.

AS a native New Yorker – now living in Israel – the following thought experiment is highly germane. Apropo.

IMAGINE, if you will, living nearby the border between the east and west sides of NYC, somewhere in mid-Manhattan’s Fifth Avenue range, but your actual address is west of Fifth. Then, picture heavy-duty missiles flying out of the eastern demarcation into your western sphere, and for well over a decade. Hmm. Yet, in your mind’s eye, go a step further. Situate yourselves in another scenario: “wild west” east siders have upped the ante; digging tunnels into west side buildings, ever ready to cause more explosive terror! Which leader(s) in their rational mind would allow their citizens to “live” under such terrorizing conditions, ever fearful of becoming cannon fodder? Rhetorical.

Hamas’s Missiles.

NOW, as previously demonstrated, Israel’s top leadership – the buck stops with “Bibi” – commit double crimes. The first tier deals with an absolute ILLEGALITY;  negotiating – thus legitimizing – with Hamas, a designated terror group, even within Washington’s listing of terror groups! This is beyond dispute. Beyond the pale, even if masking such negotiations under political/diplo cover. Whom are they fooling? NOT the majority Zionist public, that’s for sure.

A demonstration in support of the war in Gaza in Tel Aviv.

SIGNIFICANTLY, time and again, Israel’s leaders negotiate “ceasefires/deathfires” with terror groups, be they Hamas, Fatah or Hezbollah. It makes no diff. And while said “ceasefires” aren’t worth the price of bupkes, the fact of the matter is not only are they worthless and exponentially dangerous – whetting their appetites for more of the same – they are ILLEGAL. Plain and simple….

International Law Precludes Ceasefires With Terror Groups

Professor Louis Rene Beres – {blogger’s mentor}

Any time there is an announced “cease fire” between Israel and Hamas, it wrongly and foolishly bestows upon that terror organization

(1) an expressly legitimate status under international law; and

(2) a clear and newly incontestable condition of legal symmetry between the parties.

This is never a tolerable jurisprudential arrangement for Israel.

Moreover, no proper system of law can ever permit any sort of compromise or accommodation by a government with criminal organizations, even, in the case of Israel and Hamas, one that might involve a somewhat less formal arrangement than the currently proposed cease-fire.

It follows that Israel ought never to unwittingly prop up its criminal adversary in Gaza by agreeing to a cease-fire or similar “armistice”; instead, it should proceed immediately to do whatever is needed operationally, while simultaneously reminding the world that the pertinent conflict is between a fully legitimate sovereign state (one that meets all criteria of the Convention  on the Rights and Duties of States, 1934) and an inherently illegal insurgent organization that meets none of these criteria, and that routinely violates all vital precepts of the law of armed conflict….

IN contravention of said illegality, Israel’s mentally besieged leadership charges forward; one “cease-fire” after another, in fact, feeding, fueling and supplying the enemy!

NEVER ENDING, like drunken sailors on a sinking ship they lumber hither and on, attempting to find a life raft to latch themselves onto, instead of executing what must be done – SMASHING Hamas’s top leadership and command centers!! Alas, here they go again, even as Netanyahu yanks Jerusalem’s negotiating team – like yo-yos – back and forth from Cairo.

BUT never mind…Hamasnicks have measured the mettle (tragically, quite correctly) of Israel’s leaders, as they barrage Israel with more missiles, even before the last “cease-fire” is due to expire at midnight on 8/19…and the next “cease-fire” is surely not far behind.

G-d have mercy…save us from our derelict leaders! You may rightfully inquire: are Israel’s leaders irrational? have they truly lost their minds?

DEBKAfile’s sources report an attempt by some Israeli officials to present the draft as incorporating a process which separates the humanitarian and security issues.
However, it may be that Prime Minister Binyamin Netanyahu and Defense Minister Ya’alon are looking for a pretext to explain the concessions that were made for the sake of a ceasefire for an indefinite period – or else they are trying to ward off Egyptian-Palestinian browbeating for a deal.

According to the disclosures so far, the draft agreement – if it is approved by the cabinet – will embody four major Israeli concessions:
—  Waiving demilitarization of the Gaza Strip and disarmament of Hamas’s rockets and terror tunnels at this point.
—  Lifting the  blockade of the Gaza Strip – economically and by the establishment of ports.
—  Reversal of a government decision to abstain from negotiating the release of convicted Palestinian terrorists from jail, which the Israeli public will never accept.
—  Rehabilitation of the Gaza Strip before any steps are taken towards disarming Hamas.

The danger of this waiver is already apparent in the announcement by the radical Popular Committees faction that it is not bound by any Hamas commitment to suspend rocket attacks. In any case, according to a Egyptian foreign ministry statement late Monday: Israel and the Palestinians have only agreed to a 24-hour ceasefire extension – i.e., until Tuesday midnight, for further negotiations.

SO, now that the legalities are squared away, as well as their Pavlovian responses to “cease-fires”, Israelis (this blogger included) and onlookers are left in a dizzying state of suspension, incessantly wondering: when will their madness end?and where are they leading the nation of Israel? To PROLONGED war, that’s where!

Most Israelis were stunned Tuesday afternoon, Aug. 19, when rocket fire suddenly erupted from the Gaza Strip against Beersheba and Netivot, after they had been lulled into a sense of false security by the suspension of Hamas attacks for 135 hours. Prime Minister Binyamin Netanyahu and Defense Minister Moshe Ya’alon sent the air force straight back into action to bomb “terror targets’ across the Gaza Strip, and recalled Israel’s negotiators from the indirect talks taking place with Hamas in Cairo through Egyptian intermediaries.

After a month of tough fighting and painful losses, Israelis were aghast to find themselves dumped back in the same old routine, which their leaders had vowed Operation Defensive Edge would end once and for all.

By midnight Hamas had fired around 50 rockets in a steady stream across most of Israel, including Greater Tel Aviv and Jerusalem.

So what went wrong?
DEBKAfile reports that, as recently as Monday, Aug. 18, a senior intelligence source asserted that Netanyahu and Ya’alon were satisfied with the Cairo talks, because their outcome would refute their critics, ministers and security chiefs alike, by bringing Hamas to its knees.
Asked how this would come about, the source repeated the mantra heard day after day during the fighting: Hamas is looking for a way out of the conflict and wants to end hostilities, he explained. That is what we are banking on.

AMAN chief Maj.Gen. Aviv Kochavi is believed by some cabinet sources to be the author of this prescription, to which the prime minister and defense minister have stubbornly adhered, against all the evidence to the contrary. They therefore held back from inflicting a final defeat on the Palestinian fundamentalists.

ON this investigative journalist’s worst day, the above outcome could have been predicted. Clear as a bell.

STILL yet, it is not as if a certain segment of Israelis residing on the southern border – particularly within the “Gazan belt” – don’t possess special standing in this life and death struggle to “cease”, or not, Israel’s “firepower”. Why? Well, having been terrorized with missiles for over a decade, for the most part, they relied upon the political leadership to do the right thing, whatever that meant. How did THAT work out? Truth be told, an unfathomable patient response.

BE that as it may, that was then and this is now. Now that tunnels are under some of their bedrooms, kindergartens and what not…hmm…their patience has worn thin, to say the least. In this regard, over 60% of said residents FLED the area, declaring that they won’t return, unless the leaders SMASH Hamas’s terror apparatus for good!   

DEAR readers, juxtapose the spectacle of many thousands of Jewish residents of Israel’s southern belt fleeing for their lives – within the Jewish homeland, no less! – to the return of the scourge of anti-semitism throughout Europe (Islamic-Nazis gaining the aid of radical leftists and far-right fascists…video linked), as Europe’s Jews flee for their lives! Is this American-Israeli the only one who sees the craziness, the irony, of said dual flights?

 

Video screenshot

IN other words, while France’s Jews (and others) are running for their lives into the arms of the Jewish homeland – a land this blogger would give her life for – Israel’s leaders not only fail to protect Jews already living here, but, by dint of odds, will fail those who are fleeing into her arms! Orwellian. For the record, some of these French Jews (and other new immigrants) are encouraged by Israel’s Absorption Ministry to move to areas not far from Gaza!  

France’s politicians and community leaders have criticised the “intolerable” violence against Paris’ Jewish community, after a pro-Palestinian rally led to the vandalizing and looting of Jewish businesses and the burning of cars.

It is the third time in a week where pro-Palestinian activists have clashed with the city’s Jewish residents. On Sunday, locals reported chats of “Gas the Jews” and “Kill the Jews”, as rioters attacked businesses in the Sarcelles district, known as “little Jerusalem”.

Manuel Valls, France’s prime minister said: “What happened in Sarcelles is intolerable. An attack on a synagogue and on a kosher shop is simply anti-Semitism. Nothing in France can justify this violence.”…….

More than a thousand Jews have made aliyah (the term used when Jews immigrate to Israel) in the past 10 days, according to the Israeli government.

“I came because of anti-Semitism,” said teary-eyed Veronique Rivka Buzaglo, one of 430 immigrants who arrived from France the day before. “You see it in the eyes of people. I see it in everything,” she told HuffPost.

Buzaglo says nothing would have stopped her from becoming an Israeli citizen this week – not even the rocket sirens frequently blaring in the south of the country, where she plans to live.

BASICALLY, one has to peer into ones heart of hearts and decide: are the words of Israel’s leaders meaningful, or just over-bloated hot air? Moreover, it must be recognized that not all bullsh-t is equal. Life and death.

IN this regard, listen carefully to their words and see if they match their actions! Then, decide for yourself: what order of manure are they shoveling?

MEN without chests…feet of clay…

UPDATE: Let’s just assert that public pressure helps…Zionists, the majority public, are getting restless…and this is one such indicator…may their heads roll…faster…faster…but it won’t happen without blowing up SHIFA…and Deif is just one of MANY top level targets still to blow up!!  Hammering Hamas Chiefs With Pinpointed Intelligence New War Effort.

ISRAEL’S CEASEFIRES WITH TERROR ORGS VIOLATE INT’L LAW.INTERNAL LAWS TOO!Commentary By Adina Kutnicki


Palestinians throw stones during clashes with Israeli security forces in Jerusalem, Thursday, July 3, 2014. The violence erupted Wednesday after a 16-year-old Palestinian Mohammed Abu Khdeir was abducted and a charred body, believed to be the boy, was found in a Jerusalem forest. The family has blamed extremist Jews for killing him in revenge for the deaths of the three Israeli teens, whose bodies were found in a field in the West Bank on Monday after a more than two-week search. (AP Photo/Mahmoud Illean) Palestinian official: Murdered youth 'burned alive'

{reblogged here – http://jewsdownunder.com/2014/07/09/israels-ceasefires-terror-orgs-violate-intl-law-internal-law/}

{reblogged here – http://joeforamerica.com/2014/07/israels-ceasefires-terror-orgs-violate-intl-law-internal-laws/}

AS always, pretending what is isn’t becomes the proverbial elephant in the room…the 600 lb gorilla…monkey on the back too. And as onerous as it can be within family confines – yes, “it be” – imagine how much more so it is when embedded within a nation’s belly, especially one as endangered as Israel.

IN light of this week’s BELATED operation to deal with Hamas – strangely coined “Operation Protective Edge”…this American-Israeli prefers “Operation Pulverizer…Smackdown”…no matter…after hundreds of rockets/missiles have rained down in recent weeks, let alone over many years – little is more pressing than the oft misunderstood subject of “ceasefires”. They are the death of us.

SIGNIFICANTLY, time and again, Israel’s leaders negotiate “ceasefires/deathfires” with terror groups, be they Hamas, Fatah or Hezbollah. It makes no diff. And while said “ceasefires” aren’t worth the price of bupkes, the fact of the matter is not only are they worthless and exponentially dangerous – whetting their appetites for more of the same – they are ILLEGAL. Plain and simple.

The relentless war waged against Israel has absolutely nothing to do with land per se, and this is precisely why every insane concession, gesture and withdrawal offered by Israel’s (peace-obsessed) leaders has not elicited an expected reciprocal peace gesture, but paradoxically incites to additional jihadist behavior. And in a tangible realm it makes sense for Arabs/Muslims to become hyper-aggressive, particularly after each Israeli capitulation counter intuitively whets their insatiable appetites for more of the same. So as a result of the leadership’s desperate attempt to allay international pressure, thus abating another dangling sword, they have become wedded to peace delusions. A double whammy. Never mind the fact that murderous jihad hasn’t ceased within Israel from time immemorial. But logic escapes many of Israel’s “leading lights”, except for a handful. At the top of the list heralding Israel’s “intellectual warriors” stand Dr. Martin Sherman and Professor Paul Eidelberg.

IN certain high level legal/political circles, primarily in America and Israel, Professor Louis Rene Beres requires little introduction. But for the newly on board, introducing…

My “go to” expert on all matters pertaining to international law, and a country’s right to anticipatory self defense – via preemptive strikes – is none other than Professor Louis Rene Beres of ‘Project Daniel.’ The working group’s original policy paper is found herein. He was Chair of the above strategic nuclear policy paper given to PM Ariel Sharon in 2003 – and subsequently briefed the report to President George W. Bush and to current Israeli Prime Minister Benjamin Netanyahu – in relation to Israel’s nuclear strategy in the face of Iran’s pursuit of WMD’s. He is a man of great integrity and humility. 

Lou, a heartfelt thank you for being my mentor.

International Law Precludes Ceasefires With Terror Groups

Professor Louis Rene Beres

Any time there is an announced “cease fire” between Israel and Hamas, it wrongly and foolishly bestows upon that terror organization

(1) an expressly legitimate status under international law; and

(2) a clear and newly incontestable condition of legal symmetry between the parties.

This is never a tolerable jurisprudential arrangement for Israel.

Moreover, no proper system of law can ever permit any sort of compromise or accommodation by a government with criminal organizations, even, in the case of Israel and Hamas, one that might involve a somewhat less formal arrangement than the currently proposed cease fire.

It follows that Israel ought never to unwittingly prop up its criminal adversary in Gaza by agreeing to a cease fire or similar “armistice”; instead, it should proceed immediately to do whatever is needed operationally, while simultaneously reminding the world that the pertinent conflict is between a fully legitimate sovereign state (one that meets all criteria of the Convention  on the Rights and Duties of States, 1934) and an inherently illegal insurgent organization that meets none of these criteria, and that routinely violates all vital precepts of the law of armed conflict.

Hamas’ inherent illegality is readily deducible from the far-reaching codified and customary criminalization of terrorism under authoritative international law, and can never be challenged by even well-intentioned third parties (e.g., the United States) in the presumably overriding interests of “peace.” This is true even if Hamas were somehow mistakenly acknowledged to have “just cause” for its insurgency

Since the Hebrew Bible, there have always been clear and determinable rules of warfare. Now, moreover, especially since prominent codified changes enacted in 1949 and 1977, these rules bind all insurgent forces, not only uniformed national armies. In modern usage, they derive most plainly from the St. Petersburg Declaration (1868), which, in turn, followed upon earlier limitations expressed at the First Geneva Convention of 1864.

In any conflict, the means that can be used to injure an enemy are not unlimited. It follows that no matter how hard they may try to institute certain self-serving manipulations of language,  those who would identify the willful maiming and execution of noncombatants in the name of some abstract ideal – any ideal – are always misrepresenting international law.

Whenever Palestinian insurgents (Hamas; Fatah; Popular Front for the Liberation of Palestine; Islamic Jihad, it makes no difference) claim a legal right to use “any means necessary,” they are attempting to deceive. Even if their corollary claims for “national self-determination” were in some fashion legally supportable, there would remain fully authoritative limits on permissible targets and weapons.

Under binding humanitarian international law, the ends can never justify the means.

Intentional forms of violence directed against the innocent are always repugnant, and always prohibited.

While it is true that certain insurgencies can be judged lawful, any such permissible resorts to force must nonetheless conform to the laws of war. Even if incessant Palestinian cries of “occupation” were reasonable rather than contrived, any corresponding claims of entitlement to oppose Israel “by any means necessary” would remain unsupportable.

International law has precise form and content. It cannot be invented and reinvented by terror groups or aspiring states, merely to accommodate their own presumed interests.

Earlier, on November 29, 2012, the Palestinian Authority (PA) had been upgraded by the U.N. General Assembly to the status of a “nonmember observer state,” but significantly, the PA has since declared itself nonexistent.

On January 3, 2013, Mahmoud Abbas formally “decreed” the absorption of the “former “PA into the “State of  Palestine.” While this administrative action did effectively and jurisprudentially eliminate the PA, it assuredly did not succeed in creating a new state by simple fiat. Leaving aside Abbas’ illegal refusal to follow the Palestinian Arabs’ binding obligation to negotiate full sovereignty directly with Israel, the evident criteria of “nonmember observer state” also fell far short of expectations of the only authoritative international treaty on statehood. This governing document is the Convention on the Rights and Duties of States (the “Montevideo Convention”) of 1934.

National liberation movements that fail to meet the test of just means are never protected as legitimate. Even if we were to accept the argument that Palestinian insurgent groups somehow met the criteria of “just cause,” they would not meet the additionally limiting standards of discrimination, proportionality, and military necessity. These compulsory standards have been applied to insurgent organizations by the common Article 3 of the four Geneva Conventions of 1949, and also by the two authoritative protocols to these Conventions of 1977.

They are also binding upon all combatants by virtue of broader customary and conventional international law, including Article 1 of the Preamble to the Fourth Hague Convention of 1907. This rule, called the “Martens Clause,” makes all persons responsible for upholding the “laws of humanity,” and for the “dictates of public conscience.”

Every use of insurgent force by Palestinian insurgents must be judged twice, once with regard to the justness of the objective (in this case, a Palestinian state to be built upon the charred ruins of Israel), and once with regard to the justness of the violence employed.

American and European supporters of a Palestinian State continue to believe that this 23rd Arab country will somehow be part of a “two-state solution.”  Oddly, this wishful presumption is contradicted almost everywhere in the Arab/Islamic world. Cartographically, in this world, Israel has already been eliminated. On these maps, unambiguously, Israel exists only as “Occupied Palestine.”

Always, terrorist crimes mandate universal cooperation, in both apprehension and punishment. As punishers of “grave breaches” under international law, all states are expected to search out and prosecute, or extradite, individual terrorist perpetrators. In no circumstances are any states permitted to characterize terrorists as “freedom fighters.”

This expectation is explicitly and emphatically true for the United States, which already  incorporates all international law as the “supreme law of the land” at Article 6 of the U.S. Constitution (the “Supremacy Clause”), and which was intentionally formed according to the principles of Natural Law. For the Founding Fathers of the United States, of course, these principles had already been “born” at Sinai.

IN furtherance of the above legal application, Israel’s leaders, by negotiating with terrorists (and releasing them from jail!), commit treason, as evinced within Israel’s internal laws! Yes, they do.
Article Two: Treason.
Impairment of sovereignty or integrity of the State.
97. (a) If a person commits an act liable to impair the sovereignty of the state with the intention to impair that sovereignty, then he is liable to the death penalty or to life imprisonment.
(b) if a person commits an act liable to remove any area from the sovereignty of the state or place it under the sovereignty of a foreign state with the intention to bring that about, then he is liable to the death penalty or to life imprisonment.

 

IT is duly instructive that another of this site’s trusted contacts, the above named Professor Paul Eidelberg, joins the fray…

A Question of Treason Leading to Anarchy

Prof. Paul Eidelberg

In my June 2, 2008 report on Israel National Radio, I said, inter alia: “Knesset Member Arieh Eldad is to be congratulated for saying Prime Minister [Ehud] Olmert’s offer to yield the Golan Heights to Syria is nothing less than treason.  But the same crime may be attributed to Prime Ministers Ehud Barak and Ariel Sharon – to say nothing of many other politicians who have been complicit in yielding Jewish land to Israel’s enemies.”

A year after my report of June 2, 2008 – on June 14, 2009 to be exact – PM Benjamin Netanyahu, in a speech at Bar-Ilan University, endorsed the creation of a Palestinian state in Judea and Samaria, and did so without Knesset or public debate.

If (former) MK Arieh Eldad could say “[PM Ehud] Olmert’s offer to yield the Golan Heights to Syria is nothing less than treason,” what shall we say of PM Netanyahu’s offer to yield Judea and Samaria to the Palestinian Authority?

Is it any wonder that Israel today is verging on a state of anarchy?

CONSEQUENTIALLY, in light of continuous rocket/missile barrages – more accurately, blitzkriegs – on southern Israel, one has to stand up and shout unequivocally: today’s incessant barrages – responsible for over a million of Israel’s citizens running into bomb shelters – are the poisonous fruits of the absolutely illegal “ceasefire” from 2012!

Then, as always, PM Netanyahu “ceased” Israel’s firepower during “Operation Cast Lead” in 2008 (and in 2012 during operation עַמּוּד עָנָן, ʿAmúd ʿAnán, literally: “Pillar of Cloud”…as derived from the Bible…aka Operation Pillar of Defense…this is NOT for nothing…know your Bible well…), pulling the troops back both times, as they closed in on victory!

PERVERSELY, what kind of delusional and derelict leadership behaves as such? Will this go around be any different? Time will tell…

Smoke rises from Gaza airport