this post was submitted on 05 Sep 2024
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The Geneva convention was established to minimise atrocities in conflicts. Israeli settlements in Gaza are illegal and violate the Geneva convention. Legality of Israeli settlements Article 51 of the Geneva convention prohibits indiscriminate attacks on civilian population yet Israel attacked hospitals with children inside. Whether you agree or not that Hamas were present, children cannot be viewed as combatants.so when no care was taken to protect them, does this not constitute a violation? According to save the children, 1 in 50 children in Gaza had been killed or injured. This is a very high proportion and does not show care being taken to prevent such casualties and therefore constitutes a violation.

So my question is simply, do supporters of Israel no longer support our believe in the Geneva convention, did you never, or how do you reconcile Israeli breaches of the Geneva convention? For balance I should add "do you not believe such violations are occurring and if so how did you come to this position?"

Answers other than only "they have the right to go after Hamas " please. The issue is how they are going after Hamas, not whether they should or not.

EDIT: Title changed to remove ambiguity about supporting Israel vs supporting their actions

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[–] [email protected] 105 points 2 weeks ago* (last edited 2 weeks ago) (30 children)

Here's a devils advocate type answer. On balance, I err on the side of Israel rather than Hamas but am not a die hard supporter. I say that because comments below may appear to make me out as such, but I'm just trying to represent the coherent argument for the sake of discussion rather than the strength of my own views per se. For the record I regard the suffering of innocent people in Gaza as grotesque.

Settlements.

The justification for this behaviour is complicated but essentially amounts to the belief that the Geneva conventions were not drafted with Israel's particular dilemma in mind. The Geneva conventions were drafted by European powers for whom the annexing of territory was strategic and imperially motivated rather than existential. Israel does not believe it can have security if a Palestinian state is established in the West Bank. The justification for this being Arab/Egyptian aggression in '48, '56, '63, and '73. Not to mention more recent state sponsored actions by Hezbollah, Hamas et al. A Palestinian state on the West Bank could maintain a standing army on the Israeli border, could invite other Arab nations' armies to base themselves there. Echos of the previous conflicts listed above. This is unconscionable for Israel, one only needs to glance at the map to see how indefensible its position is if a foreign army was amassed on the West Bank. Ignoring settler activity or evicting Palestinians if a single member of their family commits any kind of act against Israel is just a convenient way to achieve the larger goal. The settlers of course are a lot more religiously / ethnically motivated. The government is too but I think realpolitik plays a larger role.

Gaza civilians

The capricious and deliberate targeting of civilians and children with no other goal is of course horrific. Israel of course will maintain that that's not what they're doing, that they are acting on intelligence against Hamas who are using people as human shields. Which is also horrific but is a different type of justification. Everyone of course will have decided in their own minds if they believe what Israel says about its intelligence or whether they believe what Hamas says about their lack of presence in an area.

If we assume for a moment that Israel is being honest about that particular aspect: that they are ok killing innocent people and children if Hamas die too. What's the justification for that? I think their view is that they're dealing with a problem that no Western country has to deal with. Britain has seen maybe a hundred deaths over 25 years from about 20 Islamic extremists. The US has seen 3000+ deaths from a similar number. In both cases the number of Islamic extremists are small enough that you could remember their individual names. Israel on the other hand has ~25,000 signed up members of Al Qassam terror brigades on their doorstep. That is a different level of threat all together, by three orders of magnitude. Hamas will not engage with the Israeli military in a standing battle because they would lose. So they are engaging in a guerrilla type strategy where shielding themselves behind civilians is an integral part so they can opportunistically strike out in suicidal attacks. It doesn't happen accidentally, but repeatedly, it's a core part of their strategy. A state needs to decide whether they're ok with Al Qassam brigades existing or killing the civilians they surround themselves with. It's a shitty choice, but it is a choice Israel sees as Hamas' when they choose their mode of fighting. Leaving Hamas free to plot their next maraudering attack on Israeli civilians is unconscionable, so the death of Hamas human shields has to be ok. There isn't another way.

This is a situation so unfamiliar to the West that it is easy to see it as capricious and brutal, horrific and evil. And the death of innocent people are those things, but one has to see the trolley dilemma in full.

America actually has been in this type of situation, only once as far as I'm aware, and it provides a useful insight into how Western countries justify themselves when confronted with the same dilemma. On 9/11, United 93 was identified as under terrorist control and inbound to Washington DC. Fighter jets were dispatched to shoot it down. The deaths of the 40 innocent people on board would obviously be horrific, but one can see the logic that letting a terrorist controlled plane be flown into a densely populated city would be to cause the deaths of hundreds of even thousands.

Was the mission to shoot down United 93 the right one? Was it evil? What if those 40 civilians had been 40 orphans on their way to be placed with foster families? How completely horrific does the situation have to be before it's better to let the terrorists fly they plane into hundreds or thousands of people?

Israel sees itself caught in this kind of dilemma 24/7 with Hamas. Each signed up member has the proven intention to cross the border and maraude around killing grandparents, babies, children. So Israel calculates that, regrettably, it is necessary to kill them and the civilian shield they themselves have created. It is a shitty awful dilemma with evil on both sides, but Israel feels justified holding Hamas to blame for their human shields deaths the same way most of the American public would have blamed Al-Qaeda if the US Air force had managed to shoot down United 93. (The fact that in reality events meant they didn't have to doesn't take away from the logic of what they were prepared to do)

[–] [email protected] 19 points 2 weeks ago* (last edited 1 week ago)

I won't ascribe these views as yours, but I will argue against them from a pro-palestinian standpoint.

Settlements and Security:

Israel does justify the settlements and military bases in the West Bank in the name of Security. However, the reality of the settlements on-the-ground has been the cause of violent resistance and a significant obstacle to peace, as it has been for decades.

This type of settlement, where the native population gets 'Transferred' to make room for the settlers, is a long standing practice. See: The Concept of Transfer 1882-1948, the Transfer Committee, and the JNF which led to Forced Displacement of 100,000 Palestinians throughout the mandate, before the mass ethnic cleansing campaign of 1948: Plan Dalet, Declassified Massacres of 1948, and Details of Plan C (May 1946) and Plan D (March 1948) . Further, declassified Israeli documents show that the Occupation of the West Bank and Gaza Strip were deliberately planned before being executed in 1967: Haaretz, Forward; while the peace process was exploited to continue de-facto annexation of the West Bank via Settlements (Oslo Accord Sources: MEE, NYT, Haaretz, AJ). The settlements are maintained through a violent apartheid that routinely employs violence towards Palestinians and denies human rights like water access, civil rights, etc. This kind of control gives rise to violent resistance to the Apartheid occupation, jeopardizing the safety of Israeli civilians.

The settlements represent land-grabbing, and land-grabbing and peace-making don’t go together, it is one or the other. By its actions, if not always in its rhetoric, Israel has opted for land-grabbing and as we speak Israel is expanding settlements. So, Israel has been systematically destroying the basis for a viable Palestinian state and this is the declared objective of the Likud and Netanyahu who used to pretend to accept a two-state solution. In the lead up to the last election, he said there will be no Palestinian state on his watch. The expansion of settlements and the wall mean that there cannot be a viable Palestinian state with territorial contiguity. The most that the Palestinians can hope for is Bantustans, a series of enclaves surrounded by Israeli settlements and Israeli military bases.

  • Avi Shlaim

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‘One state is a game changer’: A conversation with Ilan Pappe

State violence – official and otherwise – is part and parcel of Israel’s apartheid regime, which aims to create a Jewish-only space between the Jordan River and the Mediterranean Sea. The regime treats land as a resource designed to serve the Jewish public, and accordingly uses it almost exclusively to develop and expand existing Jewish residential communities and to build new ones. At the same time, the regime fragments Palestinian space, dispossesses Palestinians of their land and relegates them to living in small, over-populated enclaves.

The apartheid regime is based on organized, systemic violence against Palestinians, which is carried out by numerous agents: the government, the military, the Civil Administration, the Supreme Court, the Israel Police, the Israel Security Agency, the Israel Prison Service, the Israel Nature and Parks Authority, and others. Settlers are another item on this list, and the state incorporates their violence into its own official acts of violence. Settler violence sometimes precedes instances of official violence by Israeli authorities, and at other times is incorporated into them. Like state violence, settler violence is organized, institutionalized, well-equipped and implemented in order to achieve a defined strategic goal.

Civilian Deaths and Human Shields:

Israel does deliberately targets civilian areas. From in general with the Dahiya Doctrine to multiple systems deployed in Gaza to do so: ‘A mass assassination factory’: Inside Israel’s calculated bombing of Gaza, Lavender, and Where's Daddy. When it comes to Israeli Soldiers and Civilians, there is also the use of the Hannibal Directive, which was also used on Oct 7th.

Hundreds of Genocide Scholars have described this ethnic cleansing campaign as genocide because of the deliberate targeting of children/civilians and expressed intent by Israeli officials: “A Textbook Case of Genocide”: Israeli Holocaust Scholar Raz Segal Decries Israel’s Assault on Gaza, 800+ Legal Scholars Say Israel May Be Perpetrating 'Crime of Genocide' in Gaza , Law for Palestine Releases Database with 500+ Instances of Israeli Incitement to Genocide – Continuously Updated.

On the subject of Human Shields, there are some independent reports for past conflicts of Hamas jeopardizing the safety of civilians via Rocket fire in dense urban areas, two instances during Oct 7th, but no independent verification since then so far. None of which absolve Israel of the crime of targeting civilians under international law:

Intentionally utilizing the presence of civilians or other protected persons to render certain areas immune from military attack is prohibited under international law. Amnesty International was not able to establish whether or not the fighters’ presence in the camps was intended to shield themselves from military attacks. However, under international humanitarian law, even if one party uses “human shields”, or is otherwise unlawfully endangering civilians, this does not absolve the opposing party from complying with its obligations to distinguish between military objectives and civilians or civilian objects, to refrain from carrying out indiscriminate or disproportionate attacks, and to take all feasible precautions to spare civilians and civilian objects.

Additionally, there is extensive independent verification of Israel using Palestinians as Human Shields: IDF uses Human Shields, including Children (2013 Report), and in the latest war Israel “Systematically” Uses Gaza Children as Human Shields, Rights Group Finds

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