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Expulsion Of Gaza's Jews Is Illegal
Israel National News ^ | 21:18 May 02, '04 / 11 Iyar 5764

Posted on 05/02/2004 12:36:18 PM PDT by yonif

The main subject of today's Likud referendum - the expulsion of Jews from their homes - is completely illegal, and in violation of Israeli and international law according to the Dean of the Shaarei Mishpat Law College, Professor Emeritus Eliav Schochetman.

Professor Schochetman said in a lecture on Friday that any Israeli government decision to expel people from their homes, even in the context of a diplomatic move, would represent a wanton violation of basic human rights and civil liberties protected under Israeli and international human rights law.

The lecture, reported on by journalist David Bedein, focused on the legality of Prime Minister Ariel Sharon's plan to expel Israelis from their homes in Gush Katif.

Prof. Schochetman noted that the 1921 San Remo legislation of the League of Nations, reaffirmed by the United Nations in 1945, affirmed the right of Jews to purchase land anywhere west of the Jordan River including the Gaza coast region. The professor further added that the legal briefs of Dr. Eugene Rostow, the author of UN Resolution #242, confirm that no peace arrangement based on law curtails the right of Jews to settle anywhere in the borders controlled by the state of Israel.

Therefore, regardless of what happens in the Likud referendum, Prof. Shochetman stated that no expulsion of landowners in Gush Katif or Samaria could take place without a decision of Israel's Knesset. Such a decision, furthermore, would have to conform with international human rights law and Israel civil liberties statutes. However, a unilateral decision to expel Jews - and only Jews - from Gaza, the professor said, would violate the Universal Declaration of Human Rights, which states that it is illegal for sovereign governments to expel their own citizens from their homes, their private properties or from their farms.

Prof. Shochetman delivered the lecture at the Beit Agron International Press Center in Jerusalem; it was sponsored by the Center for Near East Policy in Wellesley, Massachusetts.


TOPICS: Foreign Affairs; Israel; News/Current Events
KEYWORDS: gazaplan; israel; waronterrorism
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1 posted on 05/02/2004 12:36:19 PM PDT by yonif
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To: yonif
"any Israeli government decision to expel people from their homes, even in the context of diplomatic move, would represent a wanton violation of basic human rights and civil liberties protected under Israel and international human rights law."

Although true....how many here think that the UN is going to give a "flip flop" about the human rights law for Israeli citizens?
2 posted on 05/02/2004 12:53:53 PM PDT by Arpege92 (America and Israel are two countries that were founded on the rejection of Europe. -Dr. M. Azaryahu)
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To: yonif
However, a unilateral decision to expel Jews - and only Jews - from Gaza, the professor said, would violate the Universal Declaration of Human Rights, which states that it is illegal for sovereign governments to expel their own citizens from their homes, their private properties or from their farms.

Israel's move is a strategic military move which is being made for a strategic military reason, namely, to consolidate Israli defenses instead of wasting $125 million per year defending Isralis that want to live right in the middle of over one million fanatics who want to kill them.

However, this professor chooses to couch it in terms of the evil Israeli Government violating "human rights".

Maybe the good professor would prefer that, after the IDF consilidates it's defenses behind it Wall, that the settlers be given full freedom to stay in Gaza and be given full freedom to mount their own defense without demanding that the IDF come to their rescue when the Palestinians come to kill every last one of them.

Maybe the good professor would like to assume the responsibility for defending these settlers himself.

3 posted on 05/02/2004 1:11:39 PM PDT by Polybius
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To: Polybius
Israel's move is a strategic military move which is being made for a strategic military reason, namely, to consolidate Israli defenses instead of wasting $125 million per year defending Isralis that want to live right in the middle of over one million fanatics who want to kill them.

I guess Israel's 5M Jewish citizens should go back to Europe, because it is a waste of money and defenses to defend these people while they are surrounded by 600Million Arabs who want to kill them.

4 posted on 05/02/2004 1:25:50 PM PDT by yonif ("So perish all Thine enemies, O the Lord" - Judges 5:31)
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To: yonif
I guess Israel's 5M Jewish citizens should go back to Europe, because it is a waste of money and defenses to defend these people while they are surrounded by 600Million Arabs who want to kill them.

Serious issues are rarely resolved by discussing them in terms of emotional strawmen arguments, yonif.

As I said, this was a strategic military decision arrived at by Ariel Sharon, a man of extensive IDF military expperience, who shoulders, as the Israeli Commander-in-Chief, the responsibility to manage his limited defense assets in such a way as to defend all of Israel in the best way possible.

The cost of defending Gaza is not merely $125 million per year (which Israel may or may to be able acquire as mana floating down from Heaven every year). The cost is also in tying up equipment, personnel and other defense assets which may be put to better use elsewhere.

Unless you have unlimited military assets, choices are always being made in war. MacArthur, for example, complained bitterly about being shortchanged in men and war materiel all throughout World War II and he was correct that he was being shortchanged. The reason he was shortchanged was that even a country with the wealth of America had a limit to it's military reasources and it was determined by his Commander-in-Chief that the European Theater had priority over the Pacific Theater.

I will trust the military judgement of Israel's Commander-in-Chief over the grandstanding of a civilian college professor.

"He who attempts to defend everything defends nothing". -- Frederick the Great

5 posted on 05/02/2004 2:02:38 PM PDT by Polybius
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To: Polybius
I will trust the military judgement of Israel's Commander-in-Chief over the grandstanding of a civilian college professor.

Yizhak Rabin launched the Oslo Accords which among other things, gave weapons and other guns to the PLO in order for them (terrorists) to go after the terrorists. He fitted this description as well. And we all saw where that led.

As I said, this was a strategic military decision arrived at by Ariel Sharon, a man of extensive IDF military expperience, who shoulders, as the Israeli Commander-in-Chief,

6 posted on 05/02/2004 2:04:36 PM PDT by yonif ("So perish all Thine enemies, O the Lord" - Judges 5:31)
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To: yonif
"I guess Israel's 5M Jewish citizens should go back to Europe, because it is a waste of money and defenses to defend these people while they are surrounded by 600Million Arabs who want to kill them."

The pre-Geneva-Conventions-of-1949 world was a very different one from the one we are living now.

7 posted on 05/02/2004 2:18:01 PM PDT by alex
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To: yonif
Yizhak Rabin launched the Oslo Accords which among other things, gave weapons and other guns to the PLO in order for them (terrorists) to go after the terrorists. He fitted this description as well. And we all saw where that led.

It is true that Generals can make foolish military decisions. Military history is full of examples. However, on the average, Generals do better in military decisions than college professors whining about "Human Rights" to the news media.

In Rabin's case, his decision vis a vis the PLO had no basis in military history and his decision could be considered quite foolish.

In Sharon's Gaza decision, consolidating an exposed and vulnerable salient (in Gaza actually dozens of salients) is something that is stardard military doctrine.

I trust Sharon's military judgement not merely because he is the CiC but because his judgement happens to coincide with Frederick the Great's famous military maxim and also coincides with my military judgement formed after 20 years of U.S. military service and 30 years of studying military history.

I am judging this from a military perspective which the good professor totally ignores.

8 posted on 05/02/2004 2:56:06 PM PDT by Polybius
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To: Polybius
The arguments of human rights that this professor exposes is but a small facade in a complete arguments against removing Jews from Gaza and nothern Judea and Samaria brought forward by IDF officers as well.

In Sharon's Gaza decision, consolidating an exposed and vulnerable salient (in Gaza actually dozens of salients) is something that is stardard military doctrine.

This is the flaw of the matter. Israel is not in Gaza as it is. 98% of Gaza is under the Palestinian Authority. Israel will not be "leaving" Gaza and it isn't there in the first place. And Sharon's plan also has Israel leaving northern "West Bank." In effect, land is being ceded to terrorists.

I trust Sharon's military judgement not merely because he is the CiC but because his judgement happens to coincide with Frederick the Great's famous military maxim and also coincides with my military judgement formed after 20 years of U.S. military service and 30 years of studying military history.

How does leaving Gaza improve Israel's security? In effect, not only is it a victory to terror, and Israel's security apparatus agrees, it also increases the border area Israel will have to defend, and increases the range of rockets and other Qassams terrorists fire.

I am judging this from a military perspective which the good professor totally ignores.

Again, this professor is just talking about one aspect, which isn't at all the main reasoning behind not leaving Gaza as the opposition brings foward in their campaign. Their arguments are that it is a victory to terror, a security risk, and Israel get's nothing in return as it is still responsible for the Arabs in Gaza.

9 posted on 05/02/2004 3:13:43 PM PDT by yonif ("So perish all Thine enemies, O the Lord" - Judges 5:31)
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To: yonif
How does leaving Gaza improve Israel's security? In effect, not only is it a victory to terror, and Israel's security apparatus agrees, it also increases the border area Israel will have to defend, and increases the range of rockets and other Qassams terrorists fire.

By allowing Israel to consolidate it's defenses behind it's Wall instead forcing Israel to dilute it's defenses by having to protect numerous isolated and vulnerable civilins enclaves.

I adressed this topic with you on a prior thread on this post: Polybius to yonif: Post 11 posted on 04/27/2004 1:11:32 AM PDT

It boils down to the rights of Israelis to live wherever they please versus the military wisdom of forcing Israel to deploy limited military assests to protect Israelis living in communities outside the boundaries of Israel thereby diverting Israeli resources that might otherwise be used to better military advantage securing Israel's borders.

10 posted on 05/02/2004 4:28:47 PM PDT by Polybius
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To: Polybius
Statistics tell another story. Most of Israeli terror murders and the death of soldiers occur in the heart of Israel, not in Gaza. There is a fence around Gaza right now. And the type of arrangments with regards to Gaza security, and Arab workers coming into Israel, will remain in place. There will be no change. The entire Israeli security appratus agrees that leaving Gaza is a bad idea and will attact more terror. Israel will also be in the "Philadelphia" corridor in Gaza, as it does now. This plan doesn't do anything to change Israeli security, it simply removes Jews who sit on 2% of the land in Gaza and removes Jews from northern "West Bank."
11 posted on 05/02/2004 4:33:47 PM PDT by yonif ("So perish all Thine enemies, O the Lord" - Judges 5:31)
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To: Polybius
You have to understand that Israel is not in Gaza as it is. Arab workers will still be allowed in Israel to work. There is no separation between the Arabs and the Jews. It stays the same, only with one difference being those 7000 Jews on 2% of Gaza's land are removed. That's it. Arabs are not separated from Israel.
12 posted on 05/02/2004 4:35:58 PM PDT by yonif ("So perish all Thine enemies, O the Lord" - Judges 5:31)
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To: yonif
You have to understand that Israel is not in Gaza as it is. Arab workers will still be allowed in Israel to work. There is no separation between the Arabs and the Jews. It stays the same, only with one difference being those 7000 Jews on 2% of Gaza's land are removed. That's it. Arabs are not separated from Israel.

That is indeed a fatal flaw and I addressed it in my first post on the other thread:

*************************

7 posted on 04/26/2004 11:34:02 PM PDT by Polybius

Frankly, the only solution I see to the Palestinian problem is to withdraw all Israeli settlements from Palestinian areas, build the Wall, keep every last Palestinian on the non-Israeli side of the Wall and let them do as they please.

If the Palestinians descend into total anarchy, that is not Israel's or America's problem.

If the Palestenian economy crashes and burns, let Egypt worry about that.

If Israel needs workers to do the jobs that Israelis won't do, give worker's visas to Mexicans and have El-Al flying back and forth between Tel-Aviv and Mexico City.

If the independent Palestinian State allows rocket attacks over The Wall (an act of war), strike back with airstrikes against Gaza's infrastructure (an act of war).

As long as Israel has a border that Palestinians can cross, the terror will continue.

*************************

As long as Israelis are in Gaza settlements, they will be living inside prison camps of their own building.

As long as Israel allows itself to be dependent on the labor of Palestinian guest workers, every bus ride, every restaurant visit, every shopping trip, every wedding and every Bar Mitzvah celebration will be a courting of death.

That's no way to live.

Israel needs to annex whatever teritory it feels is vital to a defensible border, build it's Wall, get it's loyal citizens (including loyal Arab Israeli citizens) on it's own side of the Wall, put the Palestinians on the other side of the Wall and keep them there.

Attacks on Israel after that need to be met by massive retalition by air power.

Today's bombing of the Hamas radio station by a few missiles after the murder of that Israeli family is not adequate retaliation. At the minimum, that 12 story building needed to have been totally flattened.

13 posted on 05/02/2004 5:18:29 PM PDT by Polybius
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To: yonif
Statistics tell another story. Most of Israeli terror murders and the death of soldiers occur in the heart of Israel, not in Gaza. There is a fence around Gaza right now.

In regards to Israel's leaky fence, see my Guantanamo comments on my Post 11 of the other thread:

***************************

Doing this will allow them a free reign to committ terror. They will continue to dig tunnels, sneak in through Egypt, etc.

If Israel needs lessons on how to protect a Fenceline, they can visit U.S. Naval Base, Guantanamo Bay, Cuba where I was stationed for a year. The "Fenceline" was merely a flimsy chain-link fence that came up to my waist. Beyond our side of the Fenceline was a one mile-wide mine field no-man's land that a deer could not cross without getting blown to bits. Beyond that, were the Marines. If the Palestinians can dig a mile long tunnel without being detected, the Cuban Army would like to hire them.

***************************

14 posted on 05/02/2004 5:23:16 PM PDT by Polybius
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To: Polybius
Fine. I agree with your on the most part, and the defensive and rightful areas being all of Gaza and the "West Bank." But I see that you agree that this plan, as it is, is flawed and should not be carried out.
15 posted on 05/02/2004 5:24:07 PM PDT by yonif ("So perish all Thine enemies, O the Lord" - Judges 5:31)
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To: Polybius
Israel will never do such a thing inside its own country. It should do that on the Jordanian and Egyptian borders. There are mines currently on the Lebanese and Syrian borders.
16 posted on 05/02/2004 5:25:12 PM PDT by yonif ("So perish all Thine enemies, O the Lord" - Judges 5:31)
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To: yonif
Israel will never do such a thing inside its own country. It should do that on the Jordanian and Egyptian borders. There are mines currently on the Lebanese and Syrian borders.

Well, mine field maintanence is rather difficult when you put your mines on the other guy's side so some concessions have to be made.

At Guantanamo, as I noted, the "Fence" is only a flimsy chain-link fence as you would find between your house and your neighbor's house. The real defense starts with the U.S. mine field on our side as well the Cuban mine field on the Cuban side. Apart from the mine fields, U.S. Marines are stationed in bunkers throughout the area. You don't depend on mines alone.

A mile-wide buffer strip of land is a cheap price to pay for a secure, impassable border.

17 posted on 05/02/2004 5:41:27 PM PDT by Polybius
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To: Polybius
A mile-wide buffer strip of land is a cheap price to pay for a secure, impassable border.

The thing is, Israel leaving Gaza all together (which this Sharon plan doesn't) will increase the size of Israel's border to defend against the Arab enemy. If Israel has full soverignty over Gaza, it has the sea on the west, Israel on the east and on the north, and it simply has to defend a small border at the south. If it gives it back, it has a much larger border to defend.


18 posted on 05/02/2004 6:35:54 PM PDT by yonif ("So perish all Thine enemies, O the Lord" - Judges 5:31)
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To: yonif
Israel is forbidden from expelling all the Palestinians across the Jordan River by the Geneva convention of 1949. So Sharon is doing his best to separate Jews from Arabs into one contiguous land area in which Jews will always be in the majority. Otherwise there is a demographic danger that someday Jews will no longer be the majority in Israel, and there will be no more Jewish state.
19 posted on 05/02/2004 6:52:16 PM PDT by doug9732
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To: doug9732
There is no need to do that, the reason being is that the demographics of the Arabs in those areas are meaningless, due to the fact they have no political rights to influence Israeli politics. One must also remember that there are 1.5M Arabs who are citizens and can vote in Israeli elections, and they have a higher birthrate then the Jewish citizens of Israel. One needs to be done is Israeli full soverignty over Gaza and the "West Bank" and the creation of autonomy for these Arabs.
20 posted on 05/02/2004 7:44:18 PM PDT by yonif ("So perish all Thine enemies, O the Lord" - Judges 5:31)
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