Does Gaza Fall Outside Humanitarian Laws?

International humanitarian law (IHL) has been established for decades, and many are principally designed to protect civilians during armed conflict. In the case of the Gaza war against Israel, it is questionable whether the laws can be applied to Israel’s actions in the war, not whether Israel is abusing such laws.

Principle of Distinction

The driving themes of IHL surrounds mitigating the harm to non-combatants during hostilities. The first driver is, therefore, to distinguish between combatants and non-combatants. In most battles, this is easy to accomplish: during a clash on a battlefield, the only participants are soldiers. In urban warfare, this is much more difficult.

In the dense Gaza strip, this is virtually impossible.

The various military groups in Gaza are embedded and underneath almost every building and road. Hamas, the popular political-terrorist group that rules Gaza, built an entire infrastructure underneath the city with a maze of 500 kilometers of tunnels and storerooms. The hundreds of exit shafts for much of this infrastructure is located in houses and schools.

Hamas soldiers in Gaza tunnels

Additionally, Gazan combatants dress in civilian clothing and are members of groups which are touted to be neutral including the United Nations, the press and hospital staff.

UNRWA employees and Hamas militants

If civilians and related infrastructure are enmeshed by premeditated design with an active military, then the civilians have become integrated into the war effort and renounced protections of distinction.

Principles of Proportionality and Precaution

IHL’s Principle of Proportionality is designed to minimize collateral damage to civilians when attacking legitimate military targets. It calls for a review of the situation and reducing armaments to make any incidental civilian harm be aligned to the relative military gain achieved. The related Precaution principle is one step further, to try to prevent any military action, if possible.

Israel has taken many actions to limit the harm to civilians – which have been harshly criticized, nevertheless.

  • Withholding electricity and other aid. Israel has attempted to pressure Hamas and other militant groups – which seize all goods into Gaza – by withholding basic items like electricity so Israel would not have to use military force in the region. For those efforts, Israel is accused of causing a humanitarian catastrophe, rather than adhering to the Principles of Precaution
  • Move civilians out of the field of battle. Israel has moved and continues to urge civilians to leave “hot” areas, only to be accused of “ethnic cleansing”
  • Using ground forces. Israel could minimize its own casualties by only using air power against the terrorist enclave. Instead, it seeks a more targeted effort to eliminate combatants and protect civilians, for which it is criticized.

The vast majority of Gazans are in favor of killing Israeli civilians, voted for Hamas with its antisemitic genocidal charter, and supported the October 7 massacre. Gazans are part of the Hamas machinery, and the United Nations defends Hamas and demands that Israel not seek justice for its murdered civilians.

While Gazan authorities threaten to commit the October 7 barbarity over and again, Israel attempts to adhere to international law yet is criticized for it. Even though Israel left Gaza in 2005, and put in place a blockade only when Hamas took full control of the strip in 2007 to follow the Principle of Precaution, it is laughingly accused by international “human rights” groups of a “belligerent occupation.”

The terrorist enclave of Gaza has removed distinctions between civilians and militants, aid workers and terrorists, state and non-state actors, locals and international operators, and civilian infrastructure and military bases in a toxic brew. It defecates on all humanitarian norms while pointing both armaments and accusing fingers at Israel.

As the United Nations and Gazans have themselves destroyed all distinctions between combatants and non-combatants, and declared that Israel can never meet the standards of international humanitarian law, there is no basis to criticize Israel’s handling of its defensive war on such basis.

Related articles:

First Time In History, People Under ‘Genocide’ Reject Ceasefire. Repeatedly. (December 2024)

Palestinians Publicly Go Full Genocidal Jihadi (August 2024)

Ban Ki Moon Defecates on the Universal Declaration of Human Rights (December 2016)

UN’s Confusion on the Legality of Israel’s Blockade of Gaza (July 2015)

Take Action To End “East Jerusalem”

The New York Times is accelerating its attempt to redefine facts and U.S. policy, especially in regards to the State of Israel.

Nowhere is this more pronounced than attempts to educate its readers that “East Jerusalem,” is an actual city, even though it existed for only 18 years in its 4,000 year history from 1949-1967 because of war.

The Times wrote “East Jerusalem” no less than SIX times in an article on March 7 about a Hamas leader’s release from prison. Using the phrase repeatedly was meant to grant another victory to Hamas, in its “Al Aqsa Flood” war.

At the fifth mention of “East Jerusalem,” the Times wrote that “Israel annexed East Jerusalem after the 1967 war in a move not recognized by most of the international community.” So what? Most of the “international community” considers homosexuality a disgusting offense and crime, yet the Times doesn’t append such comments when discussing the gay community.

The United States recognizes Jerusalem as the capital of Israel, and only Israel. When President Donald Trump issued his statement of official recognition, he specifically referred to holy sites in the Old City of eastern Jerusalem saying “Jerusalem is not just the heart of three great religions, but it is now also the heart of one of the most successful democracies in the world. Over the past seven decades, the Israeli people have built a country where Jews, Muslims, and Christians, and people of all faiths are free to live and worship according to their conscience and according to their beliefs. Jerusalem is today, and must remain, a place where Jews pray at the Western Wall, where Christians walk the Stations of the Cross, and where Muslims worship at Al-Aqsa Mosque.”

Jerusalem has been reunited under Israel for decades and the U.S. embassy in Israel straddles the area that was considered “no man’s land” during those horrible years of 1949 to 1967. It is time to be explicit that the United States recognizes the unified city of Jerusalem as Israel’s capital and does not recognize any place called “East Jerusalem.”

Location of new U.S. embassy to Israel

The Trump administration can cement such understanding with blessing Israel’s expansion of Jerusalem eastward in an area known as “E1.”

ACTION ITEM

Write the White House comments@whitehouse.gov to clearly state that the U.S. recognizes all of Jerusalem as Israel’s capital and endorse construction of homes in E1.

Write The New York Times CORRECTION editors corrections@nytimes.com to stop calling a place “East Jerusalem” or to similarly change policy for all historically divided capitals referencing East and West Berlin as well as East and West Beirut and in its articles.

related articles:

Next Paradigm Shift In Israel-Palestinian Conflict (January 2025)

NY Times Manufactures “Palestinian East Jerusalem” Narrative (April 2021)

Trump’s “eastern Jerusalem” and Biden’s “East Jerusalem” (May 2020)

Abbas’s Harmful East Jerusalem Fantasy (September 2018)

The Arguments over Jerusalem (May 2015)

The Democrats’ Slide on Israel (July 2014)

Jerusalem, and a review of the sad state of divided capitals in the world (May 2014)

Palestinian Authority Whitewashes Hostage-Taking Torture

The United Nations Special Rapporteur on Torture, Alice Jill Edwards, delivered her latest thematic report on torture which defined hostage-taking as a “cruel game” and definitely a form of torture. The lengthy report highlighted several examples of the practice, and specifically called out a number of countries – China, North Korea, Iran, Russia, United Arab Emirates and Venezuela – as particularly notorious state offenders.

Edwards called out non-state actors as well, including those backed by Iran, such as the Houthis in Yemen “holding at least 30 humanitarians,” and “Hamas and other Palestinian armed groups” which abducted 251 people in Israel on October 7, 2023.

Calling out the obvious evil was controversial in the morally-bankrupt institution.

In a press conference after the release of the report to the Human Rights Council, Edwards said (5:55) that several countries and NGOs asked her to remove certain countries from the report and criticized the timing of the release, presumably because it is coming amidst the horrific reports emerging from captives held by the Palestinian Arab political-terrorist group, Hamas. Edwards was accused for bias for her actions but refused to be silenced as she believes that hostage-taking should be viewed as a critical component in discussing human rights.

Edwards criticized the draft document of international crimes against humanity for not including hostage-taking. She argued for the families of hostages to have a point person in governments and at the UN with whom to liaise.

Most significantly, Edwards called on those taking hostages, “and those that aid and abet them,” to be held accountable and punished severely, as hostage-taking has become a “low-risk high-reward crime” (15:20) on the global stage. She argued for compensation for survivors.

This seemed a bit much for the socialist-jihadi alliance which roams the halls of the UN. Almost no one attended the briefing and only two reporters asked questions of Edwards. Both featured whataboutery, asking about Israel’s treatment of captives, and whether the Jewish State was just as guilty as Hamas And Friends.

Edwards responded (24:19) that Gazans took hostages as negotiating leverage, while Israel took prisoners of war in the middle of the ongoing war. Those taken from Israel were done so for leverage and ransom, while those taken by Israel were placed in detention and removed from the war effort, and therefore could not be considered hostages.

This was all way too much for the Palestinian Authority.

The PA’s official media arm, WAFA, produced its own reporting of the UN report on torture. It claimed that the special rapporteur “report focused on torture during captivity” which criticized the “Israeli attacks on Gaza” and “ill-treatment endures by Palestinians detained by Israel.” Nowhere does the PA’s account explain that Palestinian Arabs held by Israel are not hostages, the main theme of the report, nor does the “news” summary review the axis of evil which supports the Palestinian Arabs, as the worst offenders of hostage-taking.

The Palestinian Authority, propped up by the United Nations, tolerates the terrorist activities of local Arab terrorist groups – including the taking of civilian hostages and sexual violence -because the armed jihadi groups are much more popular amongst the Stateless Arabs from Palestine (SAPs). The puppet regime is either a worthless veneer or complicit, and should be held similarly accountable.

ACTION ITEM

Demand all officials condemn Hamas, Palestinian Islamic Jihad and the other terrorist groups which participated in the October 7 barbarity and demand that they face maximum justice.

Related articles:

Excerpt of Hamas Charter to Share with Your Elected Officials (May 2021)

The United Nations’ Adoption of Palestinians, Enables It to Only Find Fault With Israel (March 2016)

Disgraced Jamaal Bowman Schemes In Comeback Bid

Former Congressman Jamaal Bowman was an embarrassment to his constituents again and again.

As a member of the House of Representatives, he received a bipartisan censor for intentionally pulling a fire alarm to delay a vote, putting thousands of lives at risk. His constituents later filed a petition to have Planned Parenthood rescind their endorsement, after Bowman ranted to a crowd on the streets of Westchester, that Jewish women couldn’t be believed when they claimed rape during the October 7 massacre in Israel.

Now Bowman is starting his comeback effort after he was defeated by a fellow Democrat in last year’s primary, in a similar disgraceful manner.

First Bowman announced on February 20 that he is joining Zeteo, a media platform started by Mehdi Hasan, a former MSNBC commentator who has been charged with Jew hatred and justifying violence against Jews by various watchdog groups and individuals.

Now he announced the formation of a PAC (Political Action Committee) called Built to Win PAC. According to its website, its mission is to get non-Whites (“Black, Arab, Asian, and Latino communities”) to vote. It’s basically a sister clone of Justice Democrats, a PAC to get non-Whites into office with the backing of those communities.

So why start another PAC that does the same thing? It’s not as though Bowman’s PAC is going after conservative non-White voters; it’s using the same alt-left agenda as Justice Democrats, including supporting Gazans who initiated and supported a jihadi genocidal massacre against Israeli civilians on October 7, 2023.

Bowman knows he has a terrible record. His brand is so tainted that he needed to go around the country including California and Virginia with other members of Congress to try to raise money during his failed primary run.

A new congressional run – perhaps this time for Rep. Ritchie Torres’s seat in NY-15 if Torres decides to run for governor against the unpopular Kathy Hochul – would require money that may not be so forthcoming to a censored former politician. As such, creating a new PAC BEFORE he announces his intention to enter a race, could give him several advantages:

  • He may be able to market the cause more successfully if it isn’t about him personally
  • He gets practice stumping and meeting donors without being forced to disclose his numerous failings
  • Bowman can use the Zeteo platform with Mehdi to go even more viciously anti-Israel than Justice Democrats may be willing to go, perhaps unlocking deep jihadi pockets
  • Disclosure rules are more lax for PACs. Pro-terrorist groups have easier times giving money to blind pools than individual candidates. Bowman can court antisemitic donors with greater ease

Should Bowman enter the race, he may attempt to repurpose this PAC to himself. This is a tactic that was used by Rick Scott who took over the New Republican PAC in 2016. Scott’s moves in this regard brought multiple investigations. As the non-partisan group OpenSecrets stated about the issue, “Federal law would prohibit an announced federal candidate or campaign from coordinating with either state-level committees or federal super PACs, which can take unlimited corporate money that federal candidates are not permitted to receive.” Campaign Legal Center wrote at that time “Campaign finance laws are in place to prevent schemes like this one that hide information from voters about which wealthy special interests are spending big money to secretly influence our votes and our government.” Imagine these aren’t “wealthy special interests” seeking profit but groups out to destroy America and its allies.

Built to Win PAC may become the alt-left anti-Israel piggybank for Bowman and his co-host on Zeteo, Cori Bush, who made their losses all about the pro-Israel lobbying group AIPAC rather than their own failings.

Bowman’s reemergence on two platforms: Zeteo to engage the public in race-baiting, and with a PAC to draw in unlimited monies, is potentially a cause for serious alarm for the country, especially Jews in the midst of a horrifying spike in antisemitism.

As Ritchie Torres Runs For Governor, Who Will Protect NY-15 From Jamaal Bowman? (November 2024)

Jamaal Bowman Is The Complete Package No One Wants (April 2024)

AIPAC’s Open Tent Versus Justice Democrats Niche Extremism (April 2024)

The Shadow Of Trump’s Ukraine On The Middle East

The two major wars grabbing world attention for the past couple of years has been Russia-Ukraine and Iranian Proxies led by Gaza-Israel. While Russia invaded Ukraine and the two have largely faced off with Russia maintaining about 20% of Ukraine, Gazans invaded Israel and got decimated.

President Trump’s recent interaction with Ukrainian President Zelenskyy this week has made some in the pro-Israel community nervous. If Trump will side with the aggressor (Russia), will he also back Gazans and Iran against Israel?

Devolution of exchange starts at 40:00, when Zelenskyy challenges ability to have diplomacy with Russia which does not abide by agreements

I believe that it is a misreading of Trump’s policy of America First.

Trump likes winners. Winners have the strength and position to negotiate deals, whereas losers ask for handouts. If Russia is declared the winner in the midst of the war and able to annex large chunks of Ukraine, the United States will negotiate important mineral deals with Russia rather than with Ukraine.

Gaza has nothing to offer America other than real estate. The region is in shambles and will require billions of dollars to redevelop. The political-terrorist group Hamas still rules the strip and Gazans have proven themselves morally bankrupt in supporting the massacre of innocent people in Israel. Why would Trump want to engage with the initiators of a war which they completely lost? His inclination would be to side with the Israeli victors who have a thriving liberal society and economy with leading technology to trade with the United States.

President Trump just approved nearly $3 billion in arms sales to Israel to help replenish its arsenal over the multi-front war with Iran, Lebanon, Syria, Yemen, Gaza and the West Bank. Those arms should help neuter various terrorist groups and position the United States to negotiate an end to Iran’s nuclear weapons program.

Kibbutz Be’eri burned by Gazan invaders during massacre on October 7, 2023

People think such action is based on short-term thinking but it is about long-term planning. If the parties in conflict have assets and relationships which the U.S. covets, it will engage with those in charge who can deliver. If they are the more moral and ethical as is the case for Israel, so much the better.

Jason Greenblatt, who worked for Donald Trump for decades in his real estate office before working in the first Trump administration developing a new roadmap to peace between Israel and its neighbors made clear that Zelenskyy butchered a chance to help Ukrainians by not understanding how Trump operates, tweeting “Whoever prepared President @ZelenskyyUa for the Oval Office meeting with @POTUS & @VP did an absolutely terrible job! Zelenskyy did not pay attention to the messaging that was coming out of @WhiteHouse for a while now. President Trump is interested in protecting interests 1st & foremost. That’s his job, no matter how people feel about Ukraine. He also wants to end the death & destruction in Ukraine if a logical deal can be made. Hard to believe how Zelenskyy let this devolve instead of taking the cues. What a shame for Ukraine.”

In 2017, during Trump’s first term, Palestinian Authority President Mahmoud Abbas failed to understand and capitalize on Trump’s efforts for Palestinian Arabs and let the relationship completely devolve. Abbas is trying to play catch up now by trying to arrest terrorists east of the 1949 Armistice Lines (E49AL / “West Bank”). It is unclear if that will be enough to impress the administration that has watched Israel be a strong partner.

Trump’s “America First” policy may sometimes run against the wronged party, as in Ukraine. In the Middle East, Americans will have comfort that Trump has an ally which is strong, moral, has much intellectual property to benefit Americans and deeply appreciates the relationship with the U.S.

Related articles:

First Time In History, People Under ‘Genocide’ Reject Ceasefire. Repeatedly. (December 2024)

Naked Trades in the Middle East (September 2020)

Israel, the Liberal Country of the Middle East (March 2015)