Comments on: The Occupation Times: Ofra, Migron, Hebron, Gaza and a Splash of Optimism http://southjerusalem.com/2008/12/the-occupation-times-ofra-migron-hebron-gaza-and-a-splash-of-optimism/ A Progressive, Skeptical Blog on Israel, Judaism, Culture, Politics, and Literature Sun, 05 Feb 2012 12:35:48 +0000 hourly 1 http://wordpress.org/?v=3.1.3 By: mak http://southjerusalem.com/2008/12/the-occupation-times-ofra-migron-hebron-gaza-and-a-splash-of-optimism/comment-page-1/#comment-5955 mak Mon, 05 Jan 2009 06:48:27 +0000 http://southjerusalem.com/?p=683#comment-5955 Print this this is not a war about rockets its about the cultural genocide and apartheid used by Israel in the west bank (of which not one cm2 is theirs by international law) to segregate and destroy Palestinian social unity Israel has strangulated the spirit- life and dignity of Palestinians and Gazans by inhumane and draconian controls of the inflow of goods and services now less than 20% of 2005 level. It is the Gazans who now use their flesh and bone as their quill to bring this human disaster and Israeli hypocrisy to the world. The Arabs have the means to stop this disaster- in the oil- gas-US treasury bonds -withdraw these from the US and it clones until Israel withdraws. But the fat Arab sheiks in their nepotic fiefdoms are as ill feeling and hypocritical as their Israeli counterparts The world in the future will see this Israel control of Palestinians as a crime against humanity no different from Somali or Serbia. When does human rights start for the poor- downtrodden and dispossessed - or is it only for the fat western world and legal system to ponder over their cafe lattes - The rest of the worlds allowance of Israel less than 1/1000 of the worlds population to pummel kill at will and destroy under guise of self protection a human social fabic and infrastructure 1000's of years old is the real crime here Since when has Israel offered an Olive branch of peace--from the terrorist days of the Hagana to now "Never" And we intend to save the world from effects green house gas-- LOL Mak Print this

this is not a war about rockets its about the cultural genocide and apartheid used by Israel in the west bank (of which not one cm2 is theirs by international law) to segregate and destroy Palestinian social unity Israel has strangulated the spirit- life and dignity of Palestinians and Gazans by inhumane and draconian controls of the inflow of goods and services now less than 20% of 2005 level. It is the Gazans who now use their flesh and bone as their quill to bring this human disaster and Israeli hypocrisy to the world. The Arabs have the means to stop this disaster- in the oil- gas-US treasury bonds -withdraw these from the US and it clones until Israel withdraws. But the fat Arab sheiks in their nepotic fiefdoms are as ill feeling and hypocritical as their Israeli counterparts The world in the future will see this Israel control of Palestinians as a crime against humanity no different from Somali or Serbia. When does human rights start for the poor- downtrodden and dispossessed – or is it only for the fat western world and legal system to ponder over their cafe lattes – The rest of the worlds allowance of Israel less than 1/1000 of the worlds population to pummel kill at will and destroy under guise of self protection a human social fabic and infrastructure 1000′s of years old is the real crime here Since when has Israel offered an Olive branch of peace–from the terrorist days of the Hagana to now “Never”

And we intend to save the world from effects green house gas– LOL

Mak

]]> By: fiddler http://southjerusalem.com/2008/12/the-occupation-times-ofra-migron-hebron-gaza-and-a-splash-of-optimism/comment-page-1/#comment-5600 fiddler Wed, 24 Dec 2008 10:46:09 +0000 http://southjerusalem.com/?p=683#comment-5600 pabelmont: "Unless the USA Congress passes enabling legislation, a treaty is not binding on USA courts." I've never understood how this squares with the supremacy clause of Article VI of the Constitution and Art. III Section 2 as well. pabelmont: “Unless the USA Congress passes enabling legislation, a treaty is not binding on USA courts.”

I’ve never understood how this squares with the supremacy clause of Article VI of the Constitution and Art. III Section 2 as well.

]]> By: pabelmont http://southjerusalem.com/2008/12/the-occupation-times-ofra-migron-hebron-gaza-and-a-splash-of-optimism/comment-page-1/#comment-5581 pabelmont Tue, 23 Dec 2008 22:19:05 +0000 http://southjerusalem.com/?p=683#comment-5581 Why doesn't the Israeli Supreme Court rule that all the settlements are illegal at international law? As I understand it, and others may certainly correct me, the Israeli S/C does not regard the applicable convention (Fourth Geneva Convention of 1949) as part of Israeli domestic law and so cannot conclude that the settlements are illegal at Israeli domestic law. And, of course, the Israeli S/C does not sit as a court of (abstract) international law. We have the same problem in the USA. Most treaties and conventions purport to create a legal regime but are regarded (in USA law) as "non self-executing" meaning that merely signing and ratifying the convention does not of itself make the convention part of USA domestic law. Unless the USA Congress passes enabling legislation, a treaty is not binding on USA courts. It is, of course, a shame that Israel has never passed a suitable statute in the Knesset to make international humanitarian law part of Israeli law, for that would have allowed the Israeli courts to rule on the question of the legality at international law of all the settlements (and the wall), as the international court of Justice did in July 2004 (declaring both the wall and the settlements illegal). Why doesn’t the Israeli Supreme Court rule that all the settlements are illegal at international law? As I understand it, and others may certainly correct me, the Israeli S/C does not regard the applicable convention (Fourth Geneva Convention of 1949) as part of Israeli domestic law and so cannot conclude that the settlements are illegal at Israeli domestic law. And, of course, the Israeli S/C does not sit as a court of (abstract) international law.
We have the same problem in the USA. Most treaties and conventions purport to create a legal regime but are regarded (in USA law) as “non self-executing” meaning that merely signing and ratifying the convention does not of itself make the convention part of USA domestic law.
Unless the USA Congress passes enabling legislation, a treaty is not binding on USA courts.
It is, of course, a shame that Israel has never passed a suitable statute in the Knesset to make international humanitarian law part of Israeli law, for that would have allowed the Israeli courts to rule on the question of the legality at international law of all the settlements (and the wall), as the international court of Justice did in July 2004 (declaring both the wall and the settlements illegal).

]]> By: Y. Ben-David http://southjerusalem.com/2008/12/the-occupation-times-ofra-migron-hebron-gaza-and-a-splash-of-optimism/comment-page-1/#comment-5569 Y. Ben-David Tue, 23 Dec 2008 13:49:32 +0000 http://southjerusalem.com/?p=683#comment-5569 There is a death penalty on the books in Jordanian law (which I think still applies in Judea/Samaria) for any Arab who sells land to a Jew. No wonder Arabs deny they sold land to Jews. The question is then "did they receive money for the sale they claim never took place"? This is what happened in the case of the House in Hevron. The Arab seller was filmed receiving the money and acknowledging the fact. I don't know the facts about Ofra but it is probably similar...either the land was bought from private Arab owners or it was state land. Regarding your repeated claim that all the settlements in Judea/Samaria are "illegal", I can only restate that that is your opinion. It is also the opinion of a lot of other people, but there are counter opinions. A friend of mine who is studying law points out numerous Israeli legal experts who are Leftists as a matter of fact, say they are NOT illegal. If it was so obvious, why hasn't the Israeli Supreme Court, which, as a body, is no less hostile to the settlers than you are, ruled that they are "illegal"? There is a death penalty on the books in Jordanian law (which I think still applies in Judea/Samaria) for any Arab who sells land to a Jew. No wonder Arabs deny they sold land to Jews. The question is then “did they receive money for the sale they claim never took place”? This is what happened in the case of the House in Hevron. The Arab seller was filmed receiving the money and acknowledging the fact. I don’t know the facts about Ofra but it is probably similar…either the land was bought from private Arab owners or it was state land.
Regarding your repeated claim that all the settlements in Judea/Samaria are “illegal”, I can only restate that that is your opinion. It is also the opinion of a lot of other people, but there are counter opinions. A friend of mine who is studying law points out numerous Israeli legal experts who are Leftists as a matter of fact, say they are NOT illegal. If it was so obvious, why hasn’t the Israeli Supreme Court, which, as a body, is no less hostile to the settlers than you are, ruled that they are “illegal”?

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