web analytics
September 17, 2014 / 22 Elul, 5774
At a Glance
InDepth
Sponsored Post
Apartment 758x530 Africa-Israel at the Israel Real Estate Exhibition in New York

Africa Israel Residences, part of the Africa Israel Investments Group led by international businessman Lev Leviev, will present 7 leading projects on the The Israel Real Estate Exhibition in New York on Sep 14-15, 2014.



After Annapolis: Israeli Rights, Arab/Islamic Anti-Semitism And International Law (Conclusion)


Beres-Louis-Rene

“This second part of the column by Professor Beres (“After Annapolis: Israeli Rights, Arab/Islamic Anti-Semitism and International Law”) continues his legal examination of Arab/Iranian anti-Semitism, with particular reference to pertinent norms under international law and to recommended strategies for authoritative enforcement of Israel’s fundamental human rights.”

Some years ago, following one of the devastating suicide bombings in which small Jewish children were blown to bits, prominent Palestinian columnist Fahd al-Rimawi – then writing with obvious approval of Nobel Peace laureate Yassir Arafat in Amman’s al-Majd newspaper, gleefully celebrated the monstrous act of terror: “Let us rejoice and applaud the operation with the sweetest of songs and ululations (sic). We greet that act of ingeniousness with the sweetest of chants and we bid farewell to our bold martyrs who have lit the night of Jerusalem…and given luster and meaning to Arab valor…. We will not apologize for the Jewish blood that will be spilt nor denounce the heroic actions of the Mujahideen who represent the soul of this nation and echo the pulse of the masses and the Palestinian people’s conscience….”

While most of the world still chooses to ignore such calls for international crime (the UN’s International Court of Justice at The Hague chose not to rule on the manifest illegality of Palestinian terrorism or Palestinian calls for genocide, preferring instead to consider the legality of Israel’s “fence” that is designed to prevent anti-Israel terror and genocide), international law has an unswerving obligation to act. Expressed by leaders of the major states in world politics, the relevant norms and principles of international law should be invoked in time – before calls for genocide against Israel’s Jews are allowed to become the materialized foreign policy of certain Islamic states and/or terror groups armed with chemical, biological or even nuclear weapons. Lest anyone be overly optimistic, the fusion of genocidal intent with genocidal capacity is now almost within reach of several states anxious to excise the “Jewish cancer” from the Dar al Islam, the world of Islam in the Middle East. Presently, there is a special and continuing urgency regarding Iran, which is making steady progress toward nuclear weapons capacity in spite of intermittent threats of sanctions from the United States and from the International Atomic Energy Agency (IAEA). In this connection, the Iranian danger has recently been sharply exacerbated by the outrageously false U.S. National Intelligence Estimate (NIE). This Estimate declares, inter alia, that Iran is no longer interested in nuclear weapons. Alas, Israel must surely ask each day: “With friends like these”

Let us return to the “moderate” Palestinian Authority. The PA and its associates are distinctly obligated to refrain from incitement against Israel. Going back even to the legal antecedents of the current peace process, the Interim Agreement (Oslo 2) states, at Article XXII, that Israel and the PA “shall seek to foster mutual understanding and tolerance and shall accordingly abstain from incitement, including hostile propaganda, against each other….” In the Note for the Record, which accompanies the Hebron Protocol of January 15, 1997, the PA reaffirmed its commitment regarding “Preventing Incitement and Hostile Propaganda, as specified in Article XXII of the Interim Agreement.” Similar – if more general – reaffirmations can be found in the conveniently warmed-over Oslo Agreement (here my readers will recognize what I called a “cartography of lunacy” in certain earlier columns) now deceptively called a “Road Map.”

What has not yet been broadly acknowledged is that the Genocide Convention criminalizes not only the various acts of genocide, but also (Article III) conspiracy to commit genocide and direct and public incitement to commit genocide. Articles II, III and IV of the Genocide Convention are fully applicable in all cases of direct and public incitement to commit genocide. For the Convention to be invoked, it is sufficient that any one of the State parties call for a meeting – through the United Nations – of all the State parties (Article VIII). Although this has never been done, the United States should consider very seriously taking this step while there is still time. Israel, too, should be an obvious participant in this call, but it is unlikely that any government in Jerusalem, correctly aware of still-expanding global indifference to Jewish life, will seek formal redress under multilateral conventions. An alternative remedy would involve the issuance of specific criminal indictments for crimes against humanity by Israel’s Justice Ministry to the key Palestinian broadcasters and journalists now engaged in daily anti-Semitic harangues. Said heroic Israeli attorney Nitsana Darshan-Leitner back in February 2004: “Those who operate Palestinian television and radio stations and the printing presses engaged in hate speech should be arrested along with the other suspected killers.” Amen.

Any public trial before an Israeli tribunal would have grave geopolitical risks, to be sure. For one, as no Arab or Iranian authority could ever be expected to extradite alleged wrongdoers to Israel for trial, it would inevitably be up to Israeli military and police authorities to acquire custody over defendants. This is the case, although such expected Arab/Iranian disregard for Israeli extradition requests would be a manifestly serious violation of international criminal law. Even if an Israeli trial could afford opportunity for a direct evidentiary connection between Palestinian media incitement and Palestinian terrorism, much of the world would be focused instead on the means by which Israel took custody of the inciters. After all, when Israel captured major Nazi war criminal Adolph Eichmann in 1960, more states chose to condemn the abduction than to recall the prisoner’s role as murderer of 1,000,000 Jewish children. With regard to Israel and the Jewish People, there is nothing new under the sun.

The Genocide Convention, the London Charter and the December 2003 ICTR decision on Rwanda are not the only authoritative codifications that should now be invoked against relentless media and leadership calls for the mass killing of Jews. The 1965 International Convention on the Elimination of All Forms of Racial Discrimination should also be brought productively into play. This treaty condemns “all propaganda and all organizations which attempt to justify or promote racial hatred and discrimination in any form,” obliging, at Article 4(a) State parties to declare as “an offense punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons.”

Article 4(b) affirms that State parties “Shall declare illegal and prohibit organizations, and also organized and all other propaganda activities, which promote and incite racial discrimination, and shall recognize participation in such organizations or activities as an offense punishable by law.” Further authority for curtailing and punishing Palestinian calls for genocidal destruction of Jews can be found at Article 20(2) of the International Covenant on Civil and Political Rights: “Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.”

The overriding point of the judgments at Nuremberg was to ensure that all future crimes against humanity be identified, prosecuted and punished. Fully aware of these judgments, the International Criminal Tribunal in Rwanda ruled in December 2003 that “mere words” can contain substantial criminal liability, and may warrant very severe punishments. Understood in terms of ongoing homicidal and genocidal Arab and Iranian calls for violence against Israel, it is essential that every state in the United Nations now be reminded of its binding obligation not to encourage another Holocaust. This is a fully legal obligation, and it must not be taken lightly.

Copyright © The Jewish Press, February 29, 2008. All rights reserved.

LOUIS RENÉ BERES was educated at Princeton (Ph.D., 1971) and is the author of many books and articles dealing with genocide, terrorism, war and international law. Strategic and Military Affairs columnist for THE JEWISH PRESS, he is Professor of International Law at Purdue University.

About the Author: Louis René Beres, strategic and military affairs columnist for The Jewish Press, is professor of Political Science at Purdue University. Educated at Princeton (Ph.D., 1971), he lectures and publishes widely on international relations and international law and is the author of ten major books in the field. In Israel, Professor Beres was chair of Project Daniel.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “After Annapolis: Israeli Rights, Arab/Islamic Anti-Semitism And International Law (Conclusion)”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
The Iron Dome was called on for the first time in 2013 to intercept a missile fired by terrorists in Sinai at Eilat.
Iron Dome: Israel Ends the Long Battlefield Reign of the Missile
Latest Indepth Stories
The Iron Dome was called on for the first time in 2013 to intercept a missile fired by terrorists in Sinai at Eilat.

Iron Dome intercepted over 1,000 rockets aimed at Israel with a success rate of over 90% in 2014

IDF lone soldier and Ohio native David Menachem Gordon (z"l).

We talked about the responsibility that comes with the pen, its potential to influence and inspire.

.

Amnesty International:The crippling of the power station was “collective punishment of Palestinians”

Donny-Fuchs-medium

Originally scheduled to be held elsewhere, the hotel canceled, pressured by local missionary groups

It’s likely that some of the rebel factions, including US clients, have indeed made pacts with ISIS

Imam Tafsirli of the Harlem Islamic center: “You cannot be a Muslim without believing in Jesus”

If simple fuel choice were implemented, the power of petroleum and those who sell it would cease.

Value of IS: It enables people to see the place to which all other Islamist fascism is headed.

“When Frank does something he does it well and you don’t have to worry about dotting the i’s or crossing the t’s.”

President Obama: “ISIL is not Islamic. No religion condones the killing of innocents”

he time of the Uman pilgrimage is upon us, and we dare not ignore the opportunity to highlight the danger.

Healing requires that the victim be validated for being harmed and the guilty assume responsibility.

During the war, not once was Hashem’s name mentioned to the nation by Israel’s PM or gov’t officials

How many illegal Arab structures are there in the city? Why are they not being destroyed?

We did not win the war in Gaza because we are still captive to the concept of the 2 state solution.

More Articles from Louis Rene Beres
Louis Rene Beres

President Obama’s core argument on a Middle East peace process is still founded on incorrect assumptions.

Louis Rene Beres

Once upon a time in America, every adult could recite at least some Spenglerian theory of decline.

President Obama’s core argument is still founded on incorrect assumptions.

Specific strategic lessons from the Bar Kokhba rebellion.

Still facing an effectively unhindered nuclear threat from Iran, Israel will soon need to choose between two strategic options.

For states, as for individuals, fear and reality go together naturally.

So much of the struggle between Israel and the Arabs continues to concern space.

An undifferentiated or across-the-board commitment to nuclear ambiguity could prove harmful to Israel’s’s overall security.

Printed from: http://www.jewishpress.com/indepth/columns/louis-bene-beres/after-annapolis-israeli-rights-arabislamic-anti-semitism-and-international-law-conclusion/2008/02/27/

Scan this QR code to visit this page online: