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Friday, November 24, 2006

We can't be war criminals, we're Palestinian

We can't be war criminals, we're Palestinian

By Bradley Burston
In a thousand ways, in a thousand places, the Qassam rocket has
been written off.

It is been routinely dismissed as negligible, its capability little more than
symbolic, barely a weapon at all when compared to the monstrous might of
Israel's arsenal.

Media dispatches sent round the world describe the Qassams as primitive,
unguided, home-made.

They are all of those. They are also a war crime.

They are a lethal weapon fired intentionally and specifically at purely
civilian targets. As such, their use, at the hands of their Palestinian
gunners, is a flagrant violation of international law.

"Preposterous," the chorus of exclusively pro-Palestinian progressives will
now chime. "The Palestinians have no other means to defend themselves from the
savagery, the butchery practiced by Israel, which kills many, many more

"Everyone knows that the Israelis are the war criminals here," Palestinians
themselves may offer. "Remember who the real victims are. Examine what Israel
has done to us. Open your eyes. We are the victims in this place. We cannot be
war criminals, we are the Palestinians."

Fair enough. Don't take my word for it. Take the word of Human Rights Watch.

Any party to any armed conflict "is obligated to abide by international
humanitarian law, or the laws of war," the organization declared earlier this
month, after a Sderot mother of two was killed by a Qassam.

"Because Qassams are not capable of accurate targeting, it is unlawful to use
them in or near areas populated with civilians."

"International humanitarian law prohibits direct attacks against civilians and
civilian objects as well as indiscriminate attacks and attacks that cause
disproportionate damage to civilians," the organization continued. "A
prohibited indiscriminate attack includes using weapons that are incapable of
discriminating between civilians and combatants or between civilian and
military objects."

Sarah Leah Whitson, Middle East director at Human Rights Watch, went further.

"The Hamas-led Palestinian Authority needs to take immediate steps to end
attacks on civilians by Hamas' own militant wing and other armed groups,"
Whitson said. "If the Palestinian Authority aspires to recognition as a lawful
government, it must stop these blatant violations of the most fundamental
principles of international humanitarian law."

At this juncture, the irked progressive may be heard to ask what any sane
person could expect the Palestinians to do- just do nothing, sit on their
hands and wait for the Israelis to come and strafe them in their homes, blow
holes in their walls, shell their sidewalks?

No one expects them to do nothing. But why do the wrong thing, the immoral
thing, the inhuman thing? What gives a war crime the cache of self-defense?
Especially when that criminal act only provokes more escalation, more killing,
more crimes.

You may ask, when Israeli artillery, ill-advised, ill-directed, ill-spotted,
ill-timed, and lacking a real-time target of a Qassam launching crew, shells a
residence a quarter mile from its intended target, killing a score of
innocents in tragic error, is that not a violation of international
humanitarian law as well?

It is. And it is up to Israel to accept responsibility, bring those
responsible to justice, and, crucially, take concrete steps to prevent a
recurrence of the tragedy.

Just as it is up to Palestinians of moral conscience to rise up and speak out
against their side's violations of international law in the firing of Qassams.

"The fact that Hamas characterizes its attacks as reprisals does not exempt it
from the ban on targeting civilians," said Whitson. "There is never any
justification for targeting civilians."

Moreover, the organization said in a statement, "Unlawful attacks said to be
committed in response to another unlawful attack are a form of reprisal, which
is a violation of international humanitarian law."

Until this year, when Hamas became the democratically elected ruling party of
the Palestinian Authority, the PA could argue that attacks on civilians were
the work of independent armed organizations beyond the Authority's control.

No more. Hamas is now the government. As a result, the act of firing Qassams
has now been upgraded. Once it was merely terrorism. Now it has become state

On the solely pragmatic level, the Qassams have tarnished and undermined the
Palestinian cause as has no other action since suicide bombings cost the
Palestinians their entire reservoir of international sympathy.

Certainly, the United Nations' chief human rights official is never going to
feel the same way about Hamas after nearly being hit by a Qassam this week.

UN Commissioner for Human Rights Louise Arbour was sent to the area after
touring Sderot when Qassams landed a few hundred yards from her car. One of
the rockets crashed through a factory roof, killing plant worker Yaakov
Yakobovich, 43, a father of four children.

Arbour's position, a UN spokesman said after she visited Gaza earlier in the
day, was that Qassam rockets were illegal weapons because they are inaccurate,
and those firing them cannot distinguish between combatants and civilians.

But Abu Ubaida, a spokesman for the Hamas armed wing and, thus, for its
attitude toward international law, was having none of it.
"There should be no sympathy for the enemy," he declared, "which shows no
sympathy for our women and children."

Copyright - Original materials copyright (c) by the authors. Originally posted at Please do link to these articles, quote from them and forward them by email to friends with this notice. Other uses require written permission of the author.


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