Because the Qalandia Checkpoint still stands …

Because the disgraceful Qalandia Checkpoint still stands — a monstrosity that defies easy description, mostly because of disbelief that anything could be deliberately made so bad — as we enter a new year, we will call attention to it, yet again.

Today, we will leave aside the awfulness of all other passage through Qalandia Checkpoint, and focus just on the issue of pedestrian crossing of Palestinians from the West Bank of those who need to be at work, or who have any other appointment early in the day on the other side.

Here is a video compilation comparing the situation facing of people [yes, human beings] waiting to get through the checkpoint in January 2008, and again on another morning in December 2011, nearly 4 years later. The video — prepared by friends at Machsom Watch, the organization of Israeli women for human rights — was posted on the Mondoweiss blog on 24 December by Adam Horowitz [Co-Editor of Mondoweiss.net] here.

It can also be watched on Youtube here:

Horowitz wrote about it on his post on Mondoweiss, simply saying: “As you watch this video keep in mind that the Qalandia checkpoint is not a border crossing between Israel and the West Bank. Like most Israeli checkpoints in the occupied territories, Qalandia is located squarely in Palestinian territory”…

For Israel, Qalandia Checkpoint — and a stretch of the road further north going from Jerusalem towards Ramallah — is within the boundaries of the “Greater Jerusalem Municipality” — a unilateral composite extension of “Jerusalem” in late June 1967, several weeks after the Israeli military conquest of the area in the June 1967 Six-Day war.

For Palestinians, for the United Nations, and for most European and many other countries, Qalandia Checkpoint is within the West Bank — as defined by the UN-negotiated cease-fire lines of 1949 [later known as the Green Line], which is not quite exactly, but still largely, the same line across which Israeli and Jordanian forces faced each other until 4 June 1967.

As such, according to the Advisory Opinion of the International Court of Justice on “Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory“, posted here, in English + French, which was developed in response to a request from the United Nations General Assembly after Israel started building The Wall in mid-2002, and which was handed down by the ICJ in the Hague on 9 July 2004:

    [140.]…
    “In the light of the material before it, the Court is not convinced that the construction of the wall along the route chosen was the only means to safeguard the interests of Israel against the peril which it has invoked as justification for that construction.[141.] The fact remains that Israel has to face numerous indiscriminate and deadly acts of violence against its civilian population. It has the right, and indeed the duty, to respond in order to protect the life of its citizens. The measures taken are bound nonetheless to remain in conformity with applicable international law.

    [142.] In conclusion, the Court considers that Israel cannot rely on a right of self-defence (or on a state of necessity in order to preclude the wrongfulness of the construction of the wall resulting from the considerations mentioned in paragraphs 122 and 137 above. The Court accordingly finds that the construction of the wall, and its associated régime, are contrary to international lawContinue reading Because the Qalandia Checkpoint still stands …

There is no legal determination on Israel's naval blockade of Gaza, only opinions + debate

Here are some excerpts, which I’m recording here as notes for the record, from a discussion about the Israeli seizure of the Flotillas headed to Gaza and Israel’s continuing naval blockade of Gaza, in comments made on a post on Mondoweiss, written by Steve Fake and published on 19 July, entitled “Destination? Gaza!: The Freedom Flotilla II meets the Israeli military:, which is posted here.

What I found interesting was the exchange about legality.

Hostage wrote on July 20, 2011 at 7:26 am:

The official commentary on Article 59 of the Geneva Conventions describes many of the customary prohibitions that Israel is deliberately violating regarding supplies of essential items and relief consignments to a civilian population. The convention provides that free passage of relief consignments is mandatory:
The principle of free passage, as set forth in this clause, means that relief consignments for the population of an occupied territory must be allowed to pass through the blockade; they cannot under any circumstances be declared war contraband or be seized as such by those enforcing the blockade. The obligation to authorize the free passage of relief consignments is accompanied by the obligation to guarantee their protection. It will not be enough merely to lift the blockade and refrain from attacking or confiscating the goods. More than that will be required: all the States concerned must respect the consignments and protect them when they are exposed to danger through military operations“.

The official commentary also stipulates that the safeguards for verification and supervision,
which were prescribed in the interests of the Powers granting free passage, must in no case be misused in order to make the rule [i.e. free passage] itself inoperative or unduly delay the forwarding of relief“.

France and Turkey were the parties to the landmark S.S. Lotus case in which the PCIJ ruled that “the first and foremost restriction imposed by international law upon a State is that – failing the existence of a permissive rule to the contrary – it may not exercise its power in any form in the territory of another State.” The US abstained from the vote on UN SC 1860. I doubt that Bibi is eager to take on a permanent member of the Security Council in an international court over the the legality of Israel’s blockade or which state owns Gaza’s territorial waters 😉

Continue reading There is no legal determination on Israel's naval blockade of Gaza, only opinions + debate