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The Israel-Palestine Conflict: A Commentary on Israel’s War Crimes

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Much of Gaza City has been damaged as a result of Israeli air strikes. © UNRWA/Mohamed Hinnawi (file photo)

The Israel-Palestine conflict is reckoned as one of the enduring conflicts of contemporary times with the ‘’Question of Palestine’’ being on the United Nations (UN) agenda since 1947. This conflict exacerbated because of the Arab-Israel War of 1967 when Israel seized, what were historically known as Palestinian territories, and continues to occupy them to date. Despite adoption of numerous UN resolutions on the inalienable rights of the Palestinian people to self-determination, independence and sovereignty, they continue to live under Israeli occupation turned into an apartheid.

Sadly, one does not foresee an end to this occupation in the near future due to the silence of the governing cabinets worldwide and the blanket support of the United States (US) to Israeli seizure. It is heart wrenching to see the sheer indifference of the world’s ruling elites towards Israeli war crimes and violation of International Human Rights Law in the occupied Palestinian territories. While this conflict has seen a series of military engagements between the Arabs and Israeli forces in the past, today it is only a tale of war crimes at the hands of Israeli military forces against innocent Palestinians.

Israel has never shied away from applying brute force on innocent civilians with utter disregard for the Rules of Engagement (ROE). Its military offensives in the occupied territories in 2008-09 (Operation Cast Lead, more tragically known as the Gaza Massacre); 2012 (Operation Pillar of Defense); and 2014 (Operation Protective Edge known also as the Gaza War) killed more than 3,500 Palestinian civilians, including hundreds of children.

The killing of more than 200 Palestinian protestors and wounding 30, 000 in the 2018 Great Return March is another traumatic memory which echoes Israel’s blatant disregard for human rights norms. Its other unlawful practices include creation of illegal Jewish-only settlements in the West Bank and East Jerusalem, destroying homes and property of Palestinians and the decades-long inhumane blockade of Gaza. The UN has called the latter a form of “collective punishment” barred under the Fourth Geneva Convention.

2021 has witnessed a renewed wave of intense hostilities in occupied Palestine. The Israeli forces, this time driven by the motivation to divert attention from the political turmoil within their state, instigated yet another cycle of death and destruction for the besieged Palestinians under apartheid. Israeli forces took to violence by attacking peaceful unarmed worshippers in al-Aqsa mosque. This came at a time when the political environment in the occupied territories was already tense following the forced evictions in East Jerusalem. The act provoked Hamas fighters who retaliated to Israeli aggression with militant tactics allegedly firing rockets into Israeli territory. Israel further responded to Hamas’ actions with offensive aerial strikes making it its fourth major offensive on the Gaza Strip in the last decade.

The 11-day air raid killed no less than 248 Palestinians, including 66 children and 39 women, before reaching a fragile ceasefire. Intermittent violations continue. Aerial escalations once again led to a huge loss of civilian lives and property mainly for the Palestinian people. The destruction of property in garb of military targets remains massive. From homes to buildings housing media offices and hospitals were razed to the ground by Israeli bombers.  Contrarily, 10 Israelis lost their lives in wake of the Hamas incursions, a stark disparity given the fact that Israel was the one defending itself.

It is for the first time since the 2014 Gaza War that Israel and Hamas in Gaza Strip have indulged in aerial exchanges. Although Israel claims that the 2014 war actions were lawful since it made substantial efforts to avoid civilian casualties, the UN team report on the 50-day war found evidence of serious war crimes by Israel, including relentless bombardment, use of illegal weapons and insufficient warnings before attack. Israel continues to conduct offensive aerial operations in the guise of defending itself with little regard to the moral dimension of war. Ironically, Israel being the sanctuary of holocaust survivors of World War II is itself indulging in the very same practice of systematic abuse of power.

Although the state of Israel claims to target militant installations in Gaza as they crossed a so-called “red line”, the pattern of attacks shows otherwise. Fortunately, the proliferation of digital and social media has contributed tremendously in exposing Israel’s war crimes where international observers failed to do so. Indeed, International Humanitarian Law, also known as the Law of Armed Conflict, establishes clear Rules of Engagement where protection of civilian objects is indispensable. The state of Israel has been blatantly violating international law for decades.

When the recent round of violence escalated, the United Nations Security Council met several times to discuss the matter but failed to put up a joint statement of concern against Israel. This was predominantly because the United States vetoed any sincere effort to hold Israel accountable. The US not only provides diplomatic cover to Palestine’s occupation, it is also party to the human rights violations given its substantial military aid to Israel.

The world’s elites, especially those walking the power corridors of the US and the UN have stayed hesitant in highlighting and holding Israel accountable for its war crimes and aggression for far too long. They must stop standing on the wrong side of the law and must force Israel to accept the UN mandated two-state solution in order to restore lasting peace in the Middle East, apart from just calling for “relative calm” to a long-simmering humanitarian conflict.

Aneeqa Safdar is working as a Research Associate at Centre for Aerospace and Security Studies (CASS). She is a graduate of National Defence University, Islamabad, with majors in Government and Public Policy. Her areas of interest include socio-economic development, strategic stability in South Asia and global governance.

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Middle East

Process to draft Syria constitution begins this week

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The process of drafting a new constitution for Syria will begin this week, the UN Special Envoy for the country, Geir Pedersen, said on Sunday at a press conference in Geneva.

Mr. Pedersen was speaking following a meeting with the government and opposition co-chairs of the Syrian Constitutional Committee, who have agreed to start the process for constitutional reform.

The members of its so-called “small body”, tasked with preparing and drafting the Constitution, are in the Swiss city for their sixth round of talks in two years, which begin on Monday. 

Their last meeting, held in January, ended without progress, and the UN envoy has been negotiating between the parties on a way forward.

“The two Co-Chairs now agree that we will not only prepare for constitutional reform, but we will prepare and start drafting for constitutional reform,” Mr. Pedersen told journalists.

“So, the new thing this week is that we will actually be starting a drafting process for constitutional reform in Syria.”

The UN continues to support efforts towards a Syrian-owned and led political solution to end more than a decade of war that has killed upwards of 350,000 people and left 13 million in need of humanitarian aid.

An important contribution

The Syrian Constitutional Committee was formed in 2019, comprising 150 men and women, with the Government, the opposition and civil society each nominating 50 people.

This larger group established the 45-member small body, which consists of 15 representatives from each of the three sectors.

For the first time ever, committee co-chairs Ahmad Kuzbari, the Syrian government representative, and Hadi al-Bahra, from the opposition side, met together with Mr. Pedersen on Sunday morning. 

He described it as “a substantial and frank discussion on how we are to proceed with the constitutional reform and indeed in detail how we are planning for the week ahead of us.”

Mr. Pedersen told journalists that while the Syrian Constitutional Committee is an important contribution to the political process, “the committee in itself will not be able to solve the Syrian crisis, so we need to come together, with serious work, on the Constitutional Committee, but also address the other aspects of the Syrian crisis.”

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Middle East

North Africa: Is Algeria Weaponizing Airspace and Natural Gas?

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In a series of shocking and unintelligible decisions, the Algerian Government closed its airspace to Moroccan military and civilian aircraft on September 22, 2021, banned French military planes from using its airspace on October 3rd, and decided not to renew the contract relative to the Maghreb-Europe gas pipeline, which goes through Morocco and has been up and running since 1996–a contract that comes to end on October 31.

In the case of Morocco, Algeria advanced ‘provocations and hostile’ actions as a reason to shut airspace and end the pipeline contract, a claim that has yet to be substantiated with evidence. Whereas in the case of France, Algeria got angry regarding visa restrictions and comments by French President Emmanuel Macron on the Algerian military grip on power and whether the North African country was a nation prior to French colonization in 1830.

Tensions for decades

Algeria has had continued tensions with Morocco for decades, over border issues and over the Western Sahara, a territory claimed by Morocco as part of its historical territorial unity, but contested by Algeria which supports an alleged liberation movement that desperately fights for independence since the 1970s.

With France, the relation is even more complex and plagued with memories of colonial exactions and liberation and post-colonial traumas, passions and injuries. France and Algeria have therefore developed, over the post-independence decades, a love-hate attitude that quite often mars otherwise strong economic and social relations.

Algeria has often reacted to the two countries’ alleged ‘misbehavior’ by closing borders –as is the case with Morocco since 1994—or calling its ambassadors for consultations, or even cutting diplomatic relations, as just happened in August when it cut ties with its western neighbor.

But it is the first-time Algeria resorts to the weaponization of energy and airspace. “Weaponization” is a term used in geostrategy to mean the use of goods and commodities, that are mainly destined for civilian use and are beneficial for international trade and the welfare of nations, for geostrategic, political and even military gains. As such “weaponization” is contrary to the spirit of free trade, open borders, and solidarity among nations, values that are at the core of common international action and positive globalization.

What happened?

Some observers advance continued domestic political and social unrest in Algeria, whereby thousands of Algerians have been taking to the streets for years to demand regime-change and profound political and economic reforms. Instead of positively responding to the demands of Algerians, the government is probably looking for desperate ways to divert attention and cerate foreign enemies as sources of domestic woes. Morocco and France qualify perfectly for the role of national scapegoats.

It may be true also that in the case of Morocco, Algeria is getting nervous at its seeing its Western neighbor become a main trade and investment partner in Africa, a role it can levy to develop diplomatic clout regarding the Western Sahara issue. Algeria has been looking for ways to curb Morocco’s growing influence in Africa for years. A pro-Algerian German expert, by the name of Isabelle Werenfels, a senior fellow in the German Institute for International and Security Affairs, even recommended to the EU to put a halt to Morocco’s pace and economic clout so that Algeria could catch up. Weaponization may be a desperate attempt to hurt the Moroccan economy and curb its dynamism, especially in Africa.

The impact of Algeria’s weaponization of energy and airspace on the Moroccan economy is minimal and on French military presence in Mali is close to insignificant; however, it shows how far a country that has failed to administer the right reforms and to transfer power to democratically elected civilians can go.

In a region, that is beleaguered by threats and challenges of terrorism, organized crime, youth bulge, illegal migration and climate change, you would expect countries like Algeria, with its geographic extension and oil wealth, to be a beacon of peace and cooperation. Weaponization in international relations is inacceptable as it reminds us of an age when bullying and blackmail between nations, was the norm. The people of the two countries, which share the same history, language and ethnic fabric, will need natural gas and unrestricted travel to prosper and grow and overcome adversity; using energy and airspace as weapons is at odds with the dreams of millions of young people in Algeria and Morocco that aspire for a brighter future in an otherwise gloomy economic landscape. Please don’t shatter those dreams!

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Middle East

Breaking The Line of the Israel-Palestine Conflict

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The conflict between Israel-Palestine is a prolonged conflict and has become a major problem, especially in the Middle East region.

A series of ceasefires and peace negotiations between Israel and Palestine that occurred repeatedly did not really “normalize” the relationship between the two parties.

In order to end the conflict, a number of parties consider that the two-state solution is the best approach to create two independent and coexistent states. Although a number of other parties disagreed with the proposal, and instead proposed a one-state solution, combining Israel, the West Bank, and the Gaza Strip into one big state.

Throughout the period of stalemate reaching an ideal solution, the construction and expansion of settlements carried out illegally by Israel in the Palestinian territories, especially the West Bank and East Jerusalem, also continued without stopping and actually made the prospect of resolving the Israeli-Palestinian crisis increasingly eroded, and this could jeopardize any solutions.

The attempted forced eviction in the Sheikh Jarrah district, which became one of the sources of the conflict in May 2021, for example, is an example of how Israel has designed a system to be able to change the demographics of its territory by continuing to annex or “occupy” extensively in the East Jerusalem area. This is also done in other areas, including the West Bank.

In fact, Israel’s “occupation” of the eastern part of Jerusalem which began at the end of the 1967 war, is an act that has never received international recognition.

This is also confirmed in a number of resolutions issued by the UN Security Council Numbers 242, 252, 267, 298, 476, 478, 672, 681, 692, 726, 799, 2334 and also United Nations General Assembly Resolutions Number 2253, 55/130, 60/104, 70/89, 71/96, A/72/L.11 and A/ES-10/L.22 and supported by the Advisory Opinion issued by the International Court of Justice (ICJ) in 2004 on Legal Consequences of The Construction of A Wall in The Occupied Palestine Territory which states that East Jerusalem is part of the Palestinian territories under Israeli “occupation”.

1 or 2 country solution

Back to the issue of the two-state solution or the one-state solution that the author mentioned earlier. The author considers that the one-state solution does not seem to be the right choice.

Facts on the ground show how Israel has implemented a policy of “apartheid” that is so harsh against Palestinians. so that the one-state solution will further legitimize the policy and make Israel more dominant. In addition, there is another consideration that cannot be ignored that Israel and Palestine are 2 parties with very different and conflicting political and cultural identities that are difficult to reconcile.

Meanwhile, the idea of ​​a two-state solution is an idea that is also difficult to implement. Because the idea still seems too abstract, especially on one thing that is very fundamental and becomes the core of the Israel-Palestine conflict, namely the “division” of territory between Israel and Palestine.

This is also what makes it difficult for Israel-Palestine to be able to break the line of conflict between them and repeatedly put them back into the status quo which is not a solution to the Israel-Palestine conflict.

The status quo, is in fact a way for Israel to continue to “annex” more Palestinian territories by establishing widespread and systematic illegal settlements in the West Bank and East Jerusalem. Today, more than 600,000 Israeli settlers now live in the West Bank and East Jerusalem.

In fact, a number of resolutions issued by the UN Security Council have explicitly and explicitly called for Israel to end the expansion of Israeli settlement construction in the occupied territory and require recognition of the sovereignty, territorial integrity and political independence of the region.

Thus, all efforts and actions of Israel both legislatively and administratively that can cause changes in the status and demographic composition in East Jerusalem and the West Bank must continue to be condemned. Because this is a violation of the provisions of international law.

Fundamental thing

To find a solution to the conflict, it is necessary to look back at the core of the conflict that the author has mentioned earlier, and the best way to resolve the Israeli-Palestinian conflict is to encourage Israel to immediately end the “occupation” that it began in 1967, and return the settlements to the pre-Islamic borders 1967 In accordance with UN Security Council resolution No. 242.

But the question is, who can stop the illegal Israeli settlements in the East Jerusalem and West Bank areas that violate the Palestinian territories?

In this condition, international political will is needed from countries in the world, to continue to urge Israel to comply with the provisions of international law, international humanitarian law, international human rights law and also the UN Security Council Resolutions.

At the same time, the international community must be able to encourage the United Nations, especially the United Nations Security Council, as the organ that has the main responsibility for maintaining and creating world peace and security based on Article 24 of the United Nations Charter to take constructive and effective steps in order to enforce all United Nations Resolutions, and dare to sanction violations committed by Israel, and also ensure that Palestinian rights are important to protect.

So, do not let this weak enforcement of international law become an external factor that also “perpetuates” the cycle of the Israel-Palestine conflict. It will demonstrate that John Austin was correct when he stated that international law is only positive morality and not real law.

And in the end, the most fundamental thing is that the blockade, illegal development, violence, and violations of international law must end. Because the ceasefire in the Israel-Palestine conflict is only a temporary solution to the conflict.

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