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Vilis
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Posted: 04 January 2004 at 4:43pm | IP Logged Quote Vilis

Ha'aretz is making it allmost too easy to be a creative protester these days, since too many respected Israelis are getting into the act.  More and more!

http://www.haaretz.com/hasen/spages/379288.html

Lapid warns Israel could face boycotts over separation fence

By Gideon Alon, Haaretz Correspondnet and Haaretz Service

Justice Minister Yosef Lapid warned the cabinet on Sunday that the upcoming discussion by the International Court of Justice at The Hague on the construction of the separation fence between Israel and the West Bank could be the first step in Israel turning into a modern-day apartheid-era South Africa. He warned that Israel could be liable to international boycotts similar to those placed on South Africa during its apartheid regime.

The justice minister said that Israel had brought this on itself for not sticking to the original route of the fence in the West Bank, along the Green Line, thus turning the matter into an international dispute. He advised the cabinet to hold another discussion on the route "which will give us a degree of flexibility in international forums."

Health Minister Danny Naveh said in response on Sunday that Lapid's comments were "dangerous." He criticized Lapid for even raising the matter. Shas leader MK Eli Yishai said Lapid's comments will endanger. He said he was "sorry that Lapid was more concerned about Israel's image in the eyes of the world than by the need to worry about the needs of Israel's citizens."

MK Yossi Sarid (Meretz) demanded that Lapid appear before the Knesset Foreign Affairs and Defense Committee to explain what Israel should expect from the court debate.

The head of the Prime Minister's Bureau, Dov Weisglass, told the cabinet Sunday that an inter-ministerial committee of legal experts was putting together Israel's line of defense ahead of the Hague discussion.

Weisglass said that the panel's recommendations would be brought for the approval of a special forum comprising Prime Minister Ariel Sharon, Vice Prime Minister Ehud Olmert, Foreign Minister Silvan Shalom, Finance Minister Benjamin Netanyahu, Defense Minister Shaul Mofaz and Lapid.

This forum of ministers will also decide on the line of defense Israel will present to the court.

The International Court of Justice has set a deadline of the end of this month for submitting arguments and said it would begin hearings on the fence issue on February 23.

The court announced the timetable with unusual speed last month, just 11 days after the United Nations General Assembly adopted a resolution asking the UN's highest judicial authority to render an urgent opinion on the issue.

The court, also known as the world court, said the United Nations or any of its member states may submit written arguments by January 30. Countries wishing to present oral arguments must inform the court by February 13, and hearings would begin 10 days later.

Although the Palestinian Authority is not a member, it would be permitted to state its case by virtue of its status as a UN observer and co-sponsor of the resolution requesting the court's intervention, the court said.

The court gave no estimate of how long the proceedings might last or when it might render its opinion. In the past, the 15 judges have taken months, and sometimes years, to publish their findings, although the court said it was taking "all necessary steps to accelerate the procedure."


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Posted: 04 January 2004 at 11:40pm | IP Logged Quote Vilis

 

http://www.haaretz.com/hasen/pages/ShArt.jhtml?itemNo=368622&contrassID=1

30 years of erasing the Green Line boomerangs, as it takes international center stage

By Aluf Benn

The longer the Israeli-Palestinian conflict lasts, the more inflexible competing positions on the final border will become.

Israel's position - that its final borders with the Palestinians and the Syrians should be determined by negotiations - is gradually eroding. The Arab position - which consecrates the June 1967 borders as a basis for any political debate and settlement - is gaining increasing support in the international community.

The controversy over the separation fence's route has strengthened the formal status of the Green Line. Israel's efforts to build the fence in the West Bank triggered off a sharp international reaction, with opponents claiming that it deviates from the 1967 lines, which were presented as Israel's border. In the PLO's proposal to the UN to transfer debate on the fence to the International Court at The Hague, the Palestinians demand to recognize the end of the conflict and the two-state solution "on the basis of the cease-fire lines of 1967." The Geneva Accord and the National Census call for similar solutions.

The Green Line was determined in the cease-fire agreements signed by Israel and its neighbors in 1949 at the end of the War of Independence. The agreements specified explicitly that this was not a political border but merely a security line. But reality perpetuated it as the border of Israel's recognized sovereignty. On the Syrian front, the line is based on the international border from the British Mandate with certain adjustments. But in the West Bank and Gaza Strip, there was no previous, recognized border that enabled Israel to argue that the Green Line does not bind it legally or politically as a basis for future agreements.

After the 1967 Six Day War, the UN Security Council adopted the famous Resolution 242, which has since become the basis for political relations between Israel and its neighbors. The resolution recognized the rights of the region's states to live in "secure and recognized" borders, and its English version spoke of withdrawal "from territories" and not from all the territories. Israel saw this as a great achievement, and since then has maintained that the border is open to negotiation.

The Oslo Accords recognized the term "the West Bank and Gaza Strip," but refrained from referring directly to the 1967 lines. In talks with the Palestinians during Ehud Barak's term as prime minister, Israel agreed to establish the border with the Palestinians on the Green Line, but its proposals were rejected and never received official validity beyond the debate rooms. In relations with the United States, a custom was established: the Americans objected to the settlements and occasionally penalized Israel, such as cutting the loan guarantees, but did not intervene in the construction of Jewish areas in East Jerusalem, even though they were beyond the Green Line.

Since the eruption of the current intifada, the gap between reality and the international position has widened. Israel strengthened its hold on the territories, especially on the West Bank, and crumbled Palestinian autonomy. At the same time, the United States declared its official support for establishing a Palestinian state and published the road map, and the proposed settlement was recognized by Security Council Resolutions 1397 and 1515.

The European Union went one step further, stating that the Green Line is the recognized border, which will be the basis for a future agreement. At the end of 2001, the EU still recognized, in the Laken Declaration, Israel's right to live "in recognized international borders."

The turnabout, however, came in June 2002, in the Sevilla Declaration, after Operation Defensive Shield, when the Europeans declared for the first time that the occupation must be ended and a Palestinian state must be established "on the basis of the 1967 borders, and if required, with minor adjustments."

The Copenhagen Declaration of December 2002 reiterated the "borders of 1967" as a basis for a settlement. The Thessaloniki Declaration of June 2003, which concluded the Greek presidency of the EU, ignored the border setting and reverted to vague wording apparently as a reward to Israel following the Aqaba summit.

The Europeans also acted to enforce the Green Line in their battle against Israel to tax products from the settlements. Their struggle recently ended with success when Israel agreed to mark the products. The road map ignored the border's location, and only referred to it obliquely in its call "to end the occupation that began in 1967" and in the recognition of the Saudi peace initiative that demands Israel withdraw fully to the 1967 borders.

Israel expressed reservations about the recognition in the Saudi initiative. Prime Minister Ariel Sharon hardly spoke of it. The prominent Israeli spokesman against the Green Line was MK Gideon Sa'ar, former cabinet secretary and current chairman of the Likud faction and the coalition, who warned of the existential danger to Israel in withdrawing to the old lines.

The argument over the fence raised the issue once again for debate. U.S. Secretary of State Colin Powell said unexpectedly in an interview with the Washington Post two months ago that "if the fence was built on a recognized border, the Green Line," it would be acceptable. Israel demanded clarification of the American position, and State Department legalists advised Powell that the Green Line is not the recognized border. On October 9, the State Department spokesman made it clear that the minister's statement was not "a legal declaration" but just a description, and the border would be determined in negotiations.

The Foreign Ministry's legal adviser, Alan Baker, has been warning for some time about the strengthening status of the 1967 lines and the danger of Israel's position eroding. In a legal opinion to the cabinet and in contacts with foreign colleagues, Baker explained that according to Resolution 242, the border must be determined by negotiations, and that the Green Line never had an official standing. But his mission is becoming harder and harder.


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Posted: 06 January 2004 at 1:49pm | IP Logged Quote Vilis

OH, BOYCOTT!

http://www.haaretz.com/hasen/spages/379790.html

People and Politics / Widening the Jordan Valley
By Akiva Eldar

Prime Minister Ariel Sharon just barely satisfied those in the audience at the Herzliya Conference who wanted to understand what exactly he means when he talks of a disengagement map. He made do with a declaration that the settlements to be moved will only be those "that in any possible future and final arrangement will not be included in the territory of the state of Israel." On the other hand, Sharon promised "to strengthen control over those parts of the Land of Israel that will remain an inseparable part of the State of Israel in any future arrangement."

Sharon finished his speech with what he considered a witticism: "I know you want to hear names, but it's best to leave something for later." But there's no need to wait for the second half of the riddle - which "parts of the Land of Israel" he regards as "inseparable from the State of Israel." The route approved for the separation fence annexes all the settlements in Area C, which is under complete Israeli civilian and security control, settlements just east of the Green Line, Gush Etzion, Beit Arieh, and metropolitan Jerusalem. The Ariel enclave is on its way.

Since the eastern fence has yet to be brought to the government for its approval, there is no official route that can show which parts of that sector are part of Sharon's plan for disengagement and which parts are designated for annexation. However, it doesn't take much effort to sketch out the prime minister's disengagement map in that area. All that's required is clicking into the Web site of the World Zionist Organization's settlement division and read the rules for the "Populating Jordan Valley - Second Stage." The department is offering a cornucopia of benefits to encourage young families interested in moving to the area, and is based on a government decision made 10 days before Sharon declared at Herzliya that "there are no special economic benefits" for settlement in the territories.

It's inconceivable the prime minister wasn't speaking the truth. Presumably he meant the cancelation of benefits for settlement would not cover "those parts of the country that will be an inseparable part of the state of Israel in any future agreement." Therefore, if we tick off the list of Jordan Valley settlements that are included in the operation, we'll find the "Eastern Avenue" of the Sharon map. Drawing a dot-to-dot line from one settlement to the next and then measuring the area enables us to understand what Sharon means geographically when he speaks of the Jordan Valley, meant for annexation to Israel.

According to the WZO documentation, the benefits are for new settlers in the area covered by the Megillot Regional Council, the Jordan Valley Regional Council, and the Ma'ale Ephraim Regional Council. The first stage of the operation included "Alon Road settlements" - Rimonim, Kochav Hashahar and Mitzpe Jericho. In the second stage, only empty apartments in Rimonim are to be included.

A glance at the map shows those settlements signify a very broad definition of the Jordan Valley, from the Judean desert in the south and north to Ma'ale Ephraim, which is 15 kilometers from the Jordan River and 490 meters above the rift floor. Sharon's disengagement map turns the Alon Road into the eastern fence and leaves Israel with another 25 percent of the West Bank, in addition to the 15 percent of the territories included in the western avenue, which according to Sharon's plan will be an inseparable part of the State of Israel in any future peace deal.

This map has a significance that goes far beyond the chance of reaching an agreement on the territorial issue. The Jordan Valley is the only land reserve available to the Palestinian Authority for absorbing refugees. It's where the PA's Planning Ministry designated some 700,000 refugees would be settled over seven years of development.

In short, Sharon's disengagement plan is a plan to disengage from any hope of reaching a settlement in the future.

Mofaz as Robin Hood

The report broadcast on Sunday by Israel Radio was truly heartwarming. The government decided to allocate NIS 600,000 to buy food for the population in Gaza. Indeed, a worthy humanitarian gesture on the part of a state that is cutting welfare, health and education for its own children. So why get petty about it, like asking about the source of the funds for helping the poor of Gaza? So what if the money was stolen by the IDF from Palestinian Authority offices last year? The government decision was based on a January 2003 order by the defense minister to allocate "money captured during the war against terror and the financing of terror" to humanitarian purposes in the territories. But according to the government's own decision, the money was "captured" from the offices of the Preventive Security forces in Gaza, which happens to be the same organization that Israel demands fight terror and arrest the financiers of terror.

Did Shaul Mofaz decide to play Robin Hood - robbing the rich PA and handing out its money to the poor of Gaza? Not exactly. According to the government explanation for its decision, during the demolition of some Gazan buildings in November 2002, the IDF destroyed the food storehouses of the World Food Organization in Gaza. The government was asked to approve a special allocation due to the urgency of the matter (more than a year later) for making food purchases to replace the food it destroyed in an explosion and to give it to the WFO.

The government's generosity is evident not merely in its concern for the poor of Gaza. In the context of a decision titled "directing funds to humanitarian needs for the benefit of the population," the rest of the robbed money - NIS 944,826 - will be allocated to improving checkpoints and roadblocks, to make things easier for the Palestinians. That's right - the IDF will use Palestinian money to finance checkpoints and then call it a humanitarian gesture of the first order. The government decision makes note of the fact it was approved by the outgoing attorney general, Elyakim Rubinstein.

The IDF's standards of punishment

Just by coincidence, the document summarizing the state of the prosecution files dealing with the deaths of Palestinian civilians at the hands of soldiers reached me almost precisely at the same time that the military court handed down its one-year sentences to the five refuseniks, who have already spent nearly a year in jail awaiting their trial.

The document fills in some of the gaps in the data reported here last week regarding the period ending in September 2003. Over three years, some 2,500 Palestinians were killed with the Shin Bet defining fewer than 600 of them as terrorists, and 14,000 were wounded. Only 72 investigations were conducted into the killings. Indictments were handed down in 13 cases. The stiffest sentence the prosecutors working for JAG Commander Menachem Finkelstein managed to win was a suspended sentence - the document does not state how long the suspended sentence was for - and a career officer's promotion was delayed for two years after he was convicted.

That "grave" sentence was imposed on Lt. Y.K. who was convicted of illegal use of a weapon. According to the indictment against him, he fired a machine gun within 10 meters of a group of Palestinians who were walking about 500 meters away from the position where the soldier was stationed. As a result, Mu'ain Abu Lawy was killed. A suspended sentence was also imposed on Lt. (res.) A.P., who was also convicted of illegal use of a weapon. The article proves to be a particularly effective detergent for removing bloodstains. In that case, too, it is very possible that if the result had been an Israeli being "wounded most seriously" in the head, the officer would have been charged with manslaughter. And maybe if A.P. knew that his order to his sergeant, D.S., to fire a "warning shot" at a Palestinian riding a donkey would have cost him a few days in the brig, he might have counted to 10 before issuing the order. That could also be said about Lt. A.H., charged with violating the rules of engagement when he fired at a car driven by a photographer, and whose charge sheet was converted into a disciplinary hearing.

Here are the details of the rest of the cases more than two years old that are still awaiting verdicts:

Sgt. A.B., accused of negligent manslaughter, after shooting at a car that tried to circumvent a roadblock. As a result, a Palestinian woman was killed.

Col. (res.) A.Z. was charged with severe aggravated assault after firing at a crowd of demonstrators in Jenin. As a result, a local woman was wounded.

Col. L.Y. was accused of the famous shooting at the Surda checkpoint, in which a 95-year-old woman was killed and another woman was wounded. Though two years have passed, no verdict has been been handed down. The court is now considering a motion to throw out the charges.

D.S. was charged with the death of a Palestinian child near the settlement of Nisanit, when he ordered artilleryman A.G., to fire a warning shot with a .50 caliber machine gun, in contravention of the rules of engagement. There is no mention in the document of a charge against the soldier who actually fired. Apparently, the army does not consider an order to fire in contravention of the rules of engagement as an illegal order that must be disregarded by a soldier receiving such an order.

There's no mention of the specific charge against Lt. S.L. but the document does state that "tank fire was used to impose a curfew in Jenin. As a result of that fire, four Palestinian residents were killed." According to B'Tselem, S.L. didn't wait for the wheels of justice to turn in his case. He's off traveling the world.

Lt. T.K. is accused of negligent manslaughter after he fired at demonstrators in the village of Nazlat, killing a 16-year-old.

Col. S.N. and Sgt. A.D. are accused of killing an elderly Palestinian man with their "warning shots," meant to keep him away from their position at Netzarim. The sergeant is also accused of ordering his friend "to keep your mouth shut and say that we fired in the air."



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Posted: 11 January 2004 at 12:30pm | IP Logged Quote Vilis

http://www.haaretz.com/hasen/spages/381538.html

Cry, our beloved country

By Gideon Levy

Perhaps, after all, the world will save Israel from itself. Perhaps Israel's real friends will increase the pressure on the government. Perhaps they will understand that, even in Israel, external pressure is not always bad, because it may be the last chance to bring Israel back on the straight and narrow and make it a more just state.

The last attempt is modest, at present, but bodes well. The UN, an institution not highly thought of in Israel, resolved to bring the separation fence to the International Court of Justice in The Hague (ICJ), another institution sneered at in this country. This has already aroused surprising nervousness in Jerusalem's government corridors. Where the outcry of the Palestinians and the protest of the extreme left failed, the UN succeeded. This is not bad news. Suddenly Jerusalem officials discovered the wrongs the fence was causing. After most of its construction was completed, incarcerating thousands of families in compounds without anyone caring, a feeling of discomfort arose in Jerusalem. Yosef Lapid even warned of turning Israel into South Africa in the eyes of the world.

Good morning, justice minister, but your warning is too late. South Africa has been here for a long time already, and this is how most states of the world see it. Still, better late than never, only it's a pity the justice minister needed The Hague threat to understand that the fence his government built is an apartheid fence.

Had he bothered to go and see with his own eyes the thousands of school children waiting every morning, in all weather, for the IDF or Border Police jeep to arrive and open the gate for them on their way to school, the farmers cut off from their fields, the patients kept away from their clinics, the villages locked and bolted and the sight of a town behind barbed wire, he would not have needed the threat from The Hague to understand the injustice. After the settlements, the fence is the next punishment to be forced on the Palestinians. Israel, as usual, ignored it.

South Africa was saved from itself and became a fair state, first and foremost because of international pressure exerted on its government. Had it not been for the economic sanctions and political isolation, perhaps apartheid would have lasted forever. Most of the fighters against apartheid saw the international pressure as a blessing and encouraged it. Regrettably, this applies to the Israeli occupation as well.

The pressure on apartheid South Africa began with a decision of the same ICJ the fence has now been brought before. From there, it's a short step to imposing economic sanctions and other boycotts, until the regime collapses and justice is established in the battered country. This could be the narrative of events in our case too. Anyone who fears for Israel's moral image should not be afraid of this.

Even without the wall, the Israeli occupation could be compared to South Africa's apartheid, even if the Israeli ideology is less despicable. Don't roads for Jews only, as most West Bank roads are today, justify the comparison? Aren't roadblocks distinguishing among people on the sole basis of origin racist?

It is regrettable that the fence reached The Hague. It is a pity Israel did not understand by itself that everyone may build a fence for his defense, but only on his own territory, not his neighbor's. Those who were supposed to raise a hue and cry against the fence that imprisoned people and usurped their land, kept mum. Those whose job it was to preserve the state's moral image and prevent what the fence is causing to tens of thousands of innocent people, betrayed their duty.

The media were not interested, the justice minister waited for The Hague, the attorney general gave everything the stamp of approval and the Supreme Court said not a word. Only the threat from The Hague managed to raise doubts.

Now the fence track around a few imprisoned villages is being modified, in an attempt to correct a little of the evil. What happened? Didn't the IDF know before that Hirbat Jabara would be fenced in from all directions, that Azun would perish behind the fence and that some of Joyous' houses would be cut off from the village? Didn't they look at the maps? Didn't they read the reports? Or the world newspapers?

It is sad that fear of the ICJ fell on this project of iniquity, rather than fear of the High Court of Justice in Jerusalem. Thus, The Hague was left as the last recourse for justice in Israel.

The hope that international institutions will rescue Israel from its evil doing is very problematic. But when the institutions of law and justice of the state fail, there is no recourse but to turn to the international one. Just like it would have been better had the whites in South Africa understood themselves that their regime was based on evil, it would have been better if those in power in Israel understood finally that our occupation regime is based on terrible evil that should have ended a long time ago.

When this does not happen, when 37 years go by and the occupation only becomes more brutal, when the Israeli consciousness is not being "seared" and does not internalize the enormity of the wickedness, there is no choice but to turn to the world for help. "Cry, the beloved country," wrote South African teacher Alan Paton in 1948 about his country's sick regime. The enlightened world cheered. But when the beloved country does not cry out itself, only curls inwardly in indifference, there is no choice but to turn to the world, so that it cries out instead.
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Posted: 12 January 2004 at 4:37pm | IP Logged Quote Vilis

Palestinians Under Pressure: The clash of strategies

http://www.haaretz.com/hasen/spages/381882.html

Back to the future in the PA

By Danny Rubinstein

The Palestinians are taking Prime Minister Ariel Sharon's "disengagement plan" seriously. The reason is not his talk, but his actions. The construction of the separation fence according to the route officially published by the Defense Ministry can be seen clearly on the ground, and lies at the very heart of the disengagement. Without the fence - there is no disengagement.

A few days ago, political scientist Ali Jerbawi of Bir Zeit University, a leading Palestinian professor, published a proposal for a Palestinian response. Because the Sharon plan presents a kind of ultimatum to the Palestinians (if they don't dismantle the terror infrastructure in accordance with the road map, we will begin the disengagement), Jerbawi proposes responding with a similar step: First it must be made clear to the Israelis that if they want a solution on the basis of two states for two nations, they must freeze the settlements, stop construction of the fence and announce their willingness to agree to the establishment of a Palestinian state within the 1967 borders, and to solve the refugee problem. Afterward he wants to give the Israelis six months in which to study and discuss the issue.

If at the end of the six months Israel rejects this Palestinian initiative and continues with its unilateral disengagement, then Jerbawi proposes that the Palestinian Authority declare that is is voluntarily disbanding, so that Israel will be forced to bring back the military government in all parts of the West Bank and the Gaza Strip.

Debates on the subject are being conducted among senior members of the PA. Some support Jerbawi's proposals, some are suggesting amendments. The main problem, from their point of view, is the proposal to disband the PA. The opponents of this idea say that Israel can avoid taking full governmental responsibility for the West Bank and Gaza, with the result that chaos will reign in the territories, which will be controlled by armed gangs. That is already beginning to take place on the ground.

PA Chairman Yasser Arafat and the entire senior echelon of the PA are united in their opinion that the disengagement plan and the construction of the fences and walls along the existing route are the decisive step on the part of Israel, which is meant to finalize a renewed occupation arrangement unilaterally. "This is a reorganization of the Israeli occupation, because in the arrangement to be imposed by Israel, a Palestinian state cannot be established, and not a single Palestinian will agree to that," say all the Palestinian spokesmen.

That is what lies behind the words of Palestinian Prime Minister Ahmed Qureia (Abu Ala), who said at the end of last week that in light of the Israeli policy, the Palestinians will have to adopt the idea of the binational state. About 30 years ago, a similar idea was formulated in the Palestine Liberation Organization, and at the time the Palestinians favored the establishment of "a democratic secular state" in the entire territory of the country. Israel rejected this idea out of hand, because it saw in it a Palestinian tactic to avoid recognizing Israel, and a recipe for the destruction of the Jewish state.

At the height of the previous intifada (in the summer of 1988), the turning point took place in the PLO, and since then the Palestinian national movement has adopted the idea of two states for two nations. And now, when this idea is collapsing and being eliminated, in light of the unilateral arrangement being imposed by Israel - the Palestinians are going back to the 1970s and returning to the old proposal: one state for two nations.

On Saturday the Palestinian media gave major coverage to Israel's responses to Qureia's suggestion. The PA was also impressed by the immediate reservations about the idea expressed by the Americans. Yasser Arafat therefore hastened to convene the PLO Executive Committee on Friday, and to pass a decision there to the effect that the Palestinians are completely entitled to declare the establishment of their state within the 1967 borders. In other words, the PA is not yet rushing to change its position supporting the road map and two states, and the binational idea is only a warning to Israel for now.
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Posted: 12 January 2004 at 5:44pm | IP Logged Quote tivi

A warning to Israel?

I am amused.

At the moment, the Palestinian leadership are running in eights like a decapitated chicken that hadn't decided if it is dead or alive.

Maybe the suicide bombings weren't such a genius policy after all...  hmmm..

 

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Posted: 13 January 2004 at 12:06pm | IP Logged Quote Vilis

Tivi, you're quite right.  The Palestinians, I hope and pray for their own sake, are pondering the reason for their dilemma, their anxious, alarmed confusion of strategies, and will realize that THE PATH OF LEAST RESISTANCE IS THE PATH TO VICTORY.  PEACE THROUGH PEACEFUL PROTEST.  THE PATH OF OBSCENE BRUTALITY LEADS TO DESTRUCTION.  

I have noticed that aside from the intelligent media in Israel, it's government has not approached the terrorism issue with a realistic, effective approach.  A humane and intelligent approach.  Namely, HELPING weak and exasperated, desperate Palestinians to calm down, and realize that they won't be brutalized and mauled by the vicious Sharon regime if they lay down their one last and obscene weapon.  If they disarm, and TRUST the world community not to abandon them to the tender mercies of the Jewish fanatics.  In other words, Sharon & Co. lack EMPATHY FOR THE PALESTINIANS!  Terrorism can be contained and suppressed, and perhaps eve eventually obliterated, but terrorism's main staying power is  SUMMARIZED IN THE FOLLOWING QUOTE FROM TODAY'S HA'ARETZ:

"Yedioth Ahronoth recently quoted a senior officer who said: "We've wiped out all the terrorist cells except for one - the one made up of 3.5 million Palestinians." That pretty well sums up the bitter truth about the policy of force embraced by Sharon's government."

http://www.haaretz.com/hasen/spages/382324.html

On stamina and strategic myopia

By Yoel Marcus

Sometimes I wonder if a silent chief of staff would be better than a chief of staff who talks. Not because one minute he says, "We won;" and the next, he says, "The solution is political;" but because he has this urge to blame the army's failure to eliminate terror on the Israeli public.

Last week, Moshe Ya'alon said that the weakest link in national defense is the Israeli public and its lack of stamina. Israelis, he said, are not prepared to fight for their goals and risk their lives, and there's no agreement on what the whole fight is about since September 2000. So when it comes to finding a solution to the Israeli-Palestinian conflict, you don't need a commentator to tell you that Ya'alon is saying it's the public's fault that force hasn't worked - which is a little strange.

The goals of Israeli society are survival and living in peace and security. These are goals established by the state. But as the government's political objectives grow foggier by the moment, one wonders what exactly the chief of staff is asking the average Israeli to lay down his life for. In declaring us the weakest link, Ya'alon is ultimately saying that it's time to trade in the public for a new one.

For the historical record, let it be said that the power of endurance of Israeli society far outweighs the performance of its myopic governments over the years, since the intoxicating days of the Six-Day War that left this country's leaders drunk and giddy, and led to this insane business of settlement, designed to create a seemingly irreversible situation.

From intifada to intifada, from one terror attack to the next, the ability of Israeli citizens to get with on with life is amazing, considering the fact that there is no place a person is safe - unless you happen to be the chief of staff or a government minister with a bullet-proof car and a phalanx of armed guards.

Actually, this public, accused of being the weakest link, shows uncommon bravery every single day. People go to soccer games, to the movies, to public performances; they fill the cafes and restaurants that have reopened for business after being ripped apart by bombs.

Not that this is what you'd call "normal life." Not that the economic situation, which is a direct consequence of government ineptitude, doesn't hurt. But Israeli citizens have shown that they can be tougher and smarter than their governments. Most of the public was a lot calmer on the eve of the Iraq War than the government, which went into a panic and ordered us to open our gas mask kits, prepare sealed rooms and get ready for a chemical attack that was a distinct possibility if Saddam found his back to the wall. The majority of Israelis didn't bother.

Neither is it true that lack of consensus on the nature of the conflict has made it harder to deal with. According to the surveys, most Israelis are in favor of giving up settlements and outposts in return for peace. Ariel Sharon was elected twice not because he was the guardian angel of the settlements, but because people believed that only he could impose the will of the majority on the minority. He was elected on the strength of his commitments to peace, security and painful concessions.

The mass protest organized by the settlers on Sunday may have been impressive, but they are still a minority in this country. Meanwhile, Sharon is talking more than doing, although the White House is turning up the steam on the illegal outpost issue.

Yedioth Ahronoth recently quoted a senior officer who said: "We've wiped out all the terrorist cells except for one - the one made up of 3.5 million Palestinians." That pretty well sums up the bitter truth about the policy of force embraced by Sharon's government.

The Middle East is bursting with changes. Syria is fighting to clear its name; Iran will accept limitations on nuclear armament; Libya says it will halt its nuclear development program; Syria wants to negotiate peace with us; and we can't bring ourselves to say yes.

Why is it that with all the Axis of Evil countries on America's blacklist, its friend, Israel, is the one that may end up on trial in the International Court of Justice in The Hague over the issue of the security fence? Why is Israel perceived as a rejecter of peace?

The problem is not public stamina, but the collective intelligence of a government whose strategic perspective goes no further than its nose.

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Posted: 16 January 2004 at 11:11am | IP Logged Quote Vilis

Lapid is one of the few rational and humane ministers in the government.  His prognosis of international sanctions and boycotts would become the schoolmaster for Israel if Israel does not hear him!

http://www.haaretz.com/hasen/spages/383862.html

Lapid to present alternative plan for security fence route
By Mazal Mualem, Haaretz Correspondent

Justice Minister Yosef Lapid, the Shinui chairman, will present his party's planned route for the West Bank separation fence to the inner cabinet on Monday. The plan is for a fence 200 kilometers shorter than the 700-kilometer fence the cabinet has approved.

Lapid will ask his colleagues for another discussion on the route of the fence, and will show them a detailed map, drawn with the help of legal and security experts.

Lapid will tell the other members of the inner cabinet that the shortened version of the fence would significantly help Israel's position when the International Court of Justice at The Hague discusses the fence next month. "With the current route of the fence, and without the support of the Americans, we will not be able to survive the Hague ruling," said Lapid.

Missing from Lapid's map are several enclaves deep into the eastern side of the Green Line, close to Ben-Gurion International Airport. Also missing are the rings around the Jerusalem envelope, which surround Arab villages, leaving them just one exit road.

"My map may be a less security-oriented map than the current one," Lapid said, "but it still serves Israel's defense interests and reduces human suffering. The other advantages are that the fence can be complete much quicker, saving NIS 2 billion."

The current route of the fence, which was approved by the cabinet, was also backed by Lapid's Shinui party. According to Lapid, however, he and his fellow Shinui ministers were not entirely convinced about the route, and decided to vote in favor only to avoid being the dissenting voice in the cabinet.

International criticism
The international criticism that the invasive route of the fence has stirred up, led Lapid to harshly criticize it at a cabinet meeting two weeks ago. "The debate on the issue of the construction of the separation fence at the International Court of Justice in The Hague is the first step toward turning Israel into the South Africa of today," he told his colleagues. "There is a danger we will be exposed to international boycotts as was South Africa before the fall of the regime."

Speaking on Thursday to Haaretz, Lapid said he had studied the issue of the fence thoroughly, has pored over maps and read all the relevant documentation, as well as consulting dozens of experts, including senior officials from the Justice Ministry, judges, experts in international law, Knesset members and ministers.

His categorical conclusion, he said, was that the route of the map urgently needs to be altered. Lapid said Israel should argue that the court in The Hague does not have the authority to discuss the subject. If that argument is rejected, Israel should argue the merits of the case.

"If we claim that the fence is defensive in nature, and that it has been proved to prevent suicide bombings, that is something we can explain to the world. In order to argue the merits, we have to change the route of the fence, because, at the moment, it has the appearance of a fence of occupation."

Any change in the route of the fence would need to be approved by the government, and Lapid believes his proposal will stir up fierce debate. Lapid thinks other ministers are likely to support the proposed change to the route, as well as his Shinui colleagues. He has not yet shown his plan to the forum of Shinui ministers and will do so after the meeting of the inner cabinet.

Afraid of Likud
Lapid said he does not believe there are any ministers who don't understand the rationale behind his proposal, but "the question is how many of them are more afraid of the Likud central committee."

Health Minister Danny Naveh has already said that he objects to any alteration to the route. At the same cabinet meeting that Lapid proposed changing the route of the map two weeks ago, Naveh said the proposal was dangerous and just raising the issue for discussion was playing into the hands of Israel's enemies who were behind the hearing in The Hague.

Lapid will stress the economic aspects of his proposal, which, he says, cannot be rejected out of hand. "The current estimate is that the fence will cost NIS 7 billion, and that means we don't have enough money to finish it."



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Posted: 18 January 2004 at 1:13pm | IP Logged Quote Vilis

HOPEFUL DEVELOPMENT: SHARON RESPONDING TO GOOD SENSE!  LET'S HOPE HE FOLLOWS THROUGH!

http://www.haaretz.com/hasen/spages/384226.html

Sharon reprimands cabinet ministers who criticized planned route of security fence

By Gideon Alon, Aluf Benn and Baruch Kra, Haaretz Correspondents

Prime Minister Ariel Sharon on Sunday reprimanded cabinet ministers who have criticized the planned route of the West Bank security fence, and said that their remarks caused great damage to Israel.

Sharon, speaking at a weekly cabinet meeting, did not name the ministers he was referring to, but it is believed that he was mainly referring to Justice Minister and Shinui chairman Yosef Lapid, who has formulated an alternative route for the barrier.

Sharon will decide over the coming days whether to reconsider parts of the route of the separation fence, after acting Attorney General Edna Arbel told him last Wednesday that it would be difficult for the State Attorney's Office to defend the obstacle's planned route in the High Court of Justice, and certainly before the International Court of Justice at The Hague. The State Prosecutor's Office is currently preparing a written opinion on the matter.

Over the past few weeks, Arbel has collated data, reports and opinions on the fence prepared by senior Justice Ministry officials. The main problems in defending the fence pointed out by the officials concern the expropriation of clearly Palestinian territory, the surrounding of Palestinian villages, and the fact that the fence will block Palestinians from accessing their lands and sources of livelihood in certain areas.

The officials have recently managed to convince Lapid of the problems with the separation fence route, prompting him to propose a new route. Lapid spoke recently in the media of the difficulties he expects Israel to face if it sticks with the originally planned route of the fence.

The High Court will hear a petition against the fence on Tuesday, and the State Prosecutor's Office has advised Sharon to reconsider the fence's route through problematic areas beyond the Green Line, where its construction is likely to weigh heavily on the lives of the Palestinian residents in the area.

The sections of the fence that the prime minister has been advised to reconsider include parts of the "Jerusalem envelope," the enclave planned near Beit Aryeh and along the length of Road 443, and the yet-to-be-approved plan to link Ariel, Karnei Shomron and Kedumim to the main fence along the Green Line.

The State Prosecutor's Office presented Sharon with its position last week, in the framework of Israel's preparations for the debate on the fence at the ICJ. "The position of the State Prosecutor's Office was that it was possible to achieve the same [degree of] security with less harm to the civilians, and these places will be reviewed," high-ranking political sources said.

"The petition does not dispute the government's authority to construct a fence for self-defense, but comes out against the harm to civilians," the sources added.

On Sunday, Sharon will convene the inner cabinet for a discussion on the position Israel will present at The Hague. The Prime Minister's Office is leaning toward the advice of British jurist Daniel Bethlehem, who wants to present the ICJ with a written position that will reject the court's authority to debate the fence and will also include a substantial reference to the need for the fence from a security point of view.

Others, including Lapid and top defense establishment officials, advise taking a more aggressive stance - to appear for the hearing and to argue Israel's case orally.

The professional elements assess that the Hague court will rule against Israel and determine that erecting sections of the fence beyond the Green Line contravenes international law.

Israel, nevertheless, is trying to drum up support among Western governments for its position that the ICJ does not have the authority to debate the matter. Israel charges that the issue should be part of a political discussion, not a legal one.

Jerusalem is waiting for the decision of the U.S. administration, which is likely to submit a written position to the court, expressing reservations regarding its jurisdiction. The prime minister's bureau chief, Dov Weisglass, will discuss the matter at the White House this week.

The expected discussion on changes to the fence's route is likely to help Weisglass to achieve an understanding with the U.S. administration on a joint Israeli-U.S. position.

The senior political sources said they expected U.S. support, at least on issues that are not in dispute between Jerusalem and Washington. Germany and France are also likely to question the ICJ's jurisdiction over the issue of the fence.



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Posted: 21 February 2004 at 1:41pm | IP Logged Quote andrea

From:
http://www.ejjp.org

The Wall in court
EJJP on the International Court of Justice


The Israeli government claims that reference of the issue of the “separation wall” to the International Court in the Hague is not a legal issue but a political one.

They are right. The “separation wall” is a political issue.
They are wrong. The “separation wall” is also a legal issue.

It is a political issue.

The “separation wall” is the most brutal way of creating ‘facts on the ground’.
It separates Palestinian farmers from their lands.
It separates Palestinians villages from Palestinian villages.
It stops Palestinian children getting to their schools.
It stops Palestinian families from leading normal family lives.

The “separation wall” is destroying the possibility of establishing a viable Palestinian state within the 1967 borders.

The “separation wall” does not serve security; it serves the occupation.
The “separation wall” will fuel despair.
Despair fuels terrorism.
The occupation fuels terrorism.

It is a legal issue

Israel is a signatory of the Fourth Geneva Convention which deals with the Protection of Civilian Persons in Time of War.

This Convention protects people who find themselves under occupation and applies ‘in all circumstances’. All countries, including the USA, accept that the Convention applies in this case – except Israel.

The Convention prohibits violence to life and person, torture, taking of hostages, and humiliating and degrading treatment.
It prohibits the use of collective punishments and measure of intimidation.
It prohibits the forcible transfer of people from occupied territories.
It prohibits any annexation of territory.

The legal question is whether Israel is in breach of its obligations under the convention. There is a prima facie case, made out by very many Israeli and Palestinian NGOs.

The court must hear the case.

We call on all democratic people in Europe, in civil society and as elected representatives from the local to the European level to support the struggle of the Israeli and Palestinian peace camps against the Wall.

We call on them to show this support visibly through a presence in front of the headquarters of the International Court in The Hague on February 23rd.

The executive committee of EJJP
16th February 2004
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