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To: woodpusher

“Israel was not attacked in 1967 but was the aggressor.”

>>>>>>>>>>>>>>>

No, Israel was not the aggressor at June 1967
https://adin1664.medium.com/no-israel-was-not-the-aggressor-at-june-1967-168c703bba35


44 posted on 05/22/2024 3:30:15 PM PDT by USA-FRANCE (The only thing needed for Evil to succeed is for good men to do nothing.)
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To: USA-FRANCE
No, Israel was not the aggressor at June 1967

https://adin1664.medium.com/no-israel-was-not-the-aggressor-at-june-1967-168c703bba35

Article by Adin Haykin, Israeli, IDF soldier and researcher of Israeli history and wars on website Medium.

Nothing is cited or quoted, providing prima facie evidence that nothing is worth reading. This IDF soldier offers no discussion of international law, or any law.

Yes, Israel was the aggressor nation. Israel proclaimed a Pre-emptive Attack. What it conveys is that Israel thought the other side was going to attack, so they attacked first. Israel was not attacked at all and they attacked first. They were the aggressor nation, and that is why the taken territory is, to this day, officially considered the unlawfully occupied territory of Palestine. Israel cannot invoke self-defense today for an attack on said territory where it is occupied territory.

The one who strikes first is the aggressor. In the war of 1967 Israel struck first.

https://www.adl.org/resources/fact-sheet/did-israel-start-six-day-war

Anti-Defamation League
Published: 05.16.2017
Israel

Israel preemptively attacked Egypt on June 5, 1967. After a month of increasing regional tensions escalated by Egypt (spurred on by the Soviets) and failed diplomatic efforts to calm the situation, Israel’s leaders believed they had no choice but to strike first.

https://news.un.org/en/tags/occupied-palestinian-territory

Israeli occupation of Palestinian territory illegal: UN rights commission

20 October 2022

Human Rights

Israel’s occupation of Palestinian territory is unlawful under international law due to its permanence and the Israeli government’s de facto annexation policies, a UN-appointed Commission of Inquiry said in its first report, published on Thursday.

https://www.ohchr.org/en/press-releases/2022/10/commission-inquiry-finds-israeli-occupation-unlawful-under-international-law

Commission of Inquiry finds that the Israeli occupation is unlawful under international law

New York (20 October 2022) -- There are reasonable grounds to conclude that the Israeli occupation of Palestinian territory is now unlawful under international law due to its permanence and the Israeli Government’s de-facto annexation policies, according to the first report to the General Assembly issued today by the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel.

Underlining that under international humanitarian law the occupation of territory in wartime is a temporary situation and does not deprive the occupied Power of its statehood nor its sovereignty, the three-person Commission called on the General Assembly to request an urgent Advisory Opinion from the International Court of Justice on the legal consequences of Israel’s continued refusal to end its occupation of the Occupied Palestinian Territory.

“Recent statements by the Secretary-General and numerous member States have clearly indicated that any attempt at unilateral annexation of a State’s territory by another State is a violation of international law and is null and void; 143 member States including Israel last week voted in favour of a General Assembly resolution reaffirming this”, stated Navi Pillay, Chair of the Commission. “Unless universally applied, including to the situation in the Occupied Palestinian Territory, this core principle of the United Nations Charter will become meaningless”, she added.

In reaching its findings, the Commission reviewed the policies and actions employed by the Governments of Israel to maintain the occupation, and annex parts of the Occupied Palestinian Territory. The Commission’s review was based on interviews with experts and stakeholders, and submissions received following a call for submissions issued on 22 September 2021.

The 28-page report focuses on the sustenance and advancement of the settlement enterprise, including statements made by Israeli officials indicating the intent to maintain permanent control over the land in violation of international law. The Commission concludes that by continuing to occupy the territory by force, Israel incurs international responsibilities and remains accountable for violations of the rights of the Palestinians individually and as a people.

“By ignoring international law in establishing or facilitating the establishment of settlements, and directly or indirectly transferring Israeli civilians into these settlements, successive Israel governments have set facts on the ground to ensure permanent Israeli control in the West Bank”, Ms. Pillay stated.

In producing its report, the Commission reviewed Israel’s expropriation and exploitation of land and natural resources, and Israel’s restrictive urban planning and zoning policies in the West Bank, noting that land is often confiscated for military purposes but is then used for settlement construction. The Commission reviewed statements by Israeli officials indicating that Palestinian construction is seen as an impediment to Israeli settlements, requiring action such as confiscation, demolitions and displacement. The Commission also observed similar processes in East Jerusalem where the restrictive planning and zoning regimes, which have obstructed adequate housing, infrastructure and livelihoods, have contributed to shrinking space for Palestinians.

The report also points to Israeli Government policies which have had a serious and multi-faceted impact on all areas of Palestinian life, including access to clean and affordable water, which has impacted the entire Palestinian agricultural sector, limiting opportunities for livelihoods particularly affecting women.

“There is so much ‘silent harm’ and psychological trauma, that may not be immediately apparent, resulting from the erosion of economic, social and cultural rights. These debilitating processes have severe short and long-term consequences and must be urgently addressed”, said Commissioner Miloon Kothari.

The Commission dedicated a significant part of its report to reviewing the impact of Israel’s occupation and de-facto annexation policies on Palestinian human rights, noting the coercive environment intended to force Palestinians to leave their homes and alter the demographic composition of certain areas. To this effect, the Commission reviewed the demolition of homes and destruction of property, the excessive use of force by security forces, mass incarceration, settler violence, restrictions of movement, and limitations on access to livelihoods, basic necessities, services and humanitarian assistance.

The Commission emphasised that this ongoing coercive environment has fragmented Palestinian society and ensured that Palestinians are unable of fulfil their right to self-determination among other rights. The Commission also noted the extremely harmful impact of the air, land and sea blockade of Gaza on Palestinian human rights.

The report outlines a specifically damaging impact on children, who experience constant military presence, arrest and detention, frequent attacks and acts of violence, restrictions on movement, home demolition and destruction of infrastructure and property. The Commission emphasised that the cumulative effects of occupation practices, including restrictions on movement, have had a pervasive discriminatory effect on Palestinian women, noting that they experience gender-based violence during their everyday activities.

The report concludes by saying that some of the policies and actions of the Israeli Government leading to permanent occupation and de-facto annexation may constitute elements of crimes under international criminal law, including the war crime of transferring, directly or indirectly, part of one's own civilian population into occupied territory, and the crime against humanity of deportation or forcible transfer.

“The actions of Israeli Governments reviewed in our report constitute an illegal occupation and annexation regime that must be addressed”, stated Commissioner Chris Sidoti. “The international system and individual States must act and uphold their obligations under international law. That must begin at this session of the General Assembly with a referral to the International Court of Justice”, he added.

Background

The UN Human Rights Council mandated the Commission on 27 May 2021 to “investigate, in the Occupied Palestinian Territory, including East Jerusalem, and in Israel, all alleged violations of international humanitarian law and all alleged violations and abuses of international human rights law leading up and since 13 April 2021”. In July 2021, the President of the Human Rights Council announced the appointment of Navanethem Pillay (South Africa), Miloon Kothari (India) and Christopher Sidoti (Australia) to serve as the three members of the Commission and indicated that Ms. Pillay would serve as Chair. Resolution A/HRC/RES/S-30/1 further requested the commission of inquiry to “investigate all underlying root causes of recurrent tensions, instability and protraction of conflict, including systematic discrimination and repression based on national, ethnic, racial or religious identity.” The Commission of Inquiry was mandated to report to the Human Rights Council and the General Assembly annually from June 2022 and September 2022, respectively.

The Commissioners will present their report to the General Assembly on 27 October.

The full report in six languages and more information on the work of the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel, can be found at: https://www.ohchr.org/en/hr-bodies/hrc/co-israel/index

- - - - -

https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/coiopt/UNOSAT-West-Bank-and-Gaza-A4.pdf

United Nations Reference Map: Occupied Palestinian Territory, East Jerusalem, and Israel

United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel

February 2023

- - - - - - - - - -

https://documents.un.org/doc/resolution/gen/nr0/209/14/pdf/nr020914.pdf?token=TO8XLskFWQz03ZFw4E&fe=true

2253 (ES-V). Measures taken by Israel to change the status of the City of Jerusalem

The General Assembly,

Deeply concerned at the situation prevailing in Jerusalem as a result of the measures taken by Israel to change the status of the City,

l. Considers that these measures are invalid;

2. Calls upon Israel to rescind all measures already taken and to desist forthwith from taking any action which would alter the status of Jerusalem;

3. Requests the Secretary-General to report to the General Assembly and the Security Council on the situation and on the implementation of the present resolution not later than one week from its adoption.

1548th plenary meeting,
4 July 1967

- - - - -

2254 (ES-V). Measures taken by Israel to change the status of the City of Jerusalem

The General Assembly,

Recalling its resolution 2253 (ES-V) of 4 July 1967,

Having received the report submitted by the Secretary-General,

Taking note with the deepest regret and concern of the non-compliance by Israel with resolution 2253 (ES-V),

l. Deplores the failure of Israel to implement General Assembly resolution 2253 (ES-V);

2. Reiterates its call to Israel in that resolution to rescind all measures already taken and to desist forth with from taking any action which would alter the status of Jerusalem;

3. Requests the Secretary-General to report to the Security Council and the General Assembly on the situation and on the tmplementation of the present resolution.

1554th plenary meeting,
14 July 1967.

http://hrlibrary.umn.edu/instree/GAres3314.html

Definition of Aggression, United Nations General Assembly Resolution 3314 (XXIX).

Committee: 6

Vote: Adopted without a vote

Ref: 3105(XXVIII), 2967(XXVII), 2781(XXVII), 2644(XXV), 2549(XXIV), 2420(XXIII), 2330(XXII), 1181(XII), 895(IX), 688(VII), 599(VI)

The General Assembly,

Having considered the report of the Special Committee on the Question of Defining Aggression, established pursuant to its resolution 2330(XXII) of 18 December 1967, covering the work of its seventh session held from 11 March to 12 April 1974, including the draft Definition of Aggression adopted by the Special Committee by consensus and recommended for adoption by the General Assembly,[FN1]

Deeply, convinced that the adoption of the Definition of Aggression would contribute to the strengthening of international peace and security,

1. Approves the Definition of Aggression, the text of which is annexed to the present resolution;

2. Expresses its appreciation to the Special Committee on the Question of Defining Aggression for its work which resulted in the elaboration of the Definition of Aggression;

3. Calls upon all States to refrain from all acts of aggression and other uses of force contrary to the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations;[FN2]

4. Calls the attention of the Security Council to the Definition of Aggression, as set out below, and recommends that it should, as appropriate, take account of that Definition as guidance in determination, in accordance with the Charter, the existence of an act of aggression.

2319th plenary meeting

14 December 1974

Annex

Definition of Aggression

The General Assembly,

Basing itself on the fact that one of the fundamental purposes of the United Nations is to maintain international peace and security and to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace,

Recalling that the Security Council, in accordance with Article 39 of the Charter of the United Nations, shall determine the existence of any threat to the peace, breach of the peace or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security,

Recalling also the duty of States under the Charter to settle their international disputes by peaceful means in order not to endanger international peace, security and justice,

Bearing in mind that nothing in this Definition shall be interpreted as in any way affecting the scope of the provisions of the Charter with respect to the functions and powers of the organs of the United Nations,

Considering also that, since aggression is the most serious and dangerous form of the illegal use of force, being fraught, in the conditions created by the existence of all types of weapons of mass destruction, with the possible threat of a world conflict and all its catastrophic consequences, aggression should be defined at the present stage,

Reaffirming the duty of States not to use armed force to deprive peoples of their right to self-determination, freedom and independence, or to disrupt territorial Integrity,

Reaffirming also that the territory of a State shall not be violated by being the object, even temporarily, of military occupation or of other measures of force taken by another State in contravention of the Charter, and that it shall not be the object of acquisition by another State resulting from such measures or the threat thereof,

Reaffirming also the provisions of the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations,

Convinced that the adoption of a definition of aggression ought to have the effect of deterring a potential aggressor, would simplify the determination of acts of aggression and the implementation of measures to suppress them and would also facilitate the protection of the rights and lawful interests of, and the rendering of assistance to, the victim,

Believing that, although the question whether an act of aggression has been committed must be considered in the light of all the circumstances of each particular case, it is nevertheless desirable to formulate basic principles as guidance for such determination,

Adopts the following Definition of Agression:[FN3]

Article I

Aggression is the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations, as set out in this Definition.

Explanatory note: In this Definition the term "State":

(a) Is used without prejudice to questions of recognition or to whether a State is a member of the United Nations;

(b) Includes the concept of a "group of States" where appropriate.

Article 2

The First use of armed force by a State in contravention of the Charter shall constitute prima facie evidence of an act of aggression although the Security Council may, in conformity with the Charter, conclude that a determination that an act of aggression has been committed would not be justified in the light of other relevant circumstances, including the fact that the acts concerned or their consequences are not of sufficient gravity.

Article 3

Any of the following acts, regardless of a declaration of war, shall, subject to and in accordance with the provisions of article 2, qualify as an act of aggression:

(a) The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof,

(b) Bombardment by the armed forces of a State against the territory of another State or the use of any weapons by a State against the territory of another State;

(c) The blockade of the ports or coasts of a State by the armed forces of another State;

(d) An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State;

(e) The use of armed forces of one State which are within the territory of another State with the agreement of the receiving State, in contravention of the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement;

(f) The action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpetrating an act of aggression against a third State;

(g) The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to the acts listed above, or its substantial involvement therein.

Article 4

The acts enumerated above are not exhaustive and the Security Council may determine that other acts constitute aggression under the provisions of the Charter.

Article 5

1. No consideration of whatever nature, whether political, economic, military or otherwise, may serve as a justification for aggression.

2. A war of aggression is a crime against international peace. Aggression gives rise to international responsibility.

3. No territorial acquisition or special advantage resulting from aggression is or shall be recognized as lawful.

Article 6

Nothing in this Definition shall be construed as in any way enlarging or diminishing the scope of the Charter, including its provisions concerning cases in which the use of force is lawful.

Article 7

Nothing in this Definition, and in particular article 3, could in any way prejudice the right to self-determination, freedom and independence, as derived from the Charter, of peoples forcibly deprived of that right and referred to in the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, particularly peoples under colonial and racist regimes or other forms of alien domination: nor the right of these peoples to struggle to that end and to seek and receive support, in accordance with the principles of the Charter and in conformity with the above-mentioned Declaration.

Article 8

In their interpretation and application the above provisions are interrelated and each provision should be construed in the context of the other provisions.

___________________________________________

FOOTNOTES

1. Official Records of the General Assembly, Twenty-ninth Session, Supplement No. 19 (A/9619 and Corr. 1).

2. Resolution 2625 (XXV), annex.

3. Explanatory notes on articles 3 and 5 are to be found in paragraph 20 of the Report of the Special Committee on the Question of Defining Aggression (Official Records of the General Assembly, Twenty-ninth Session, Supplement No. 19 (A/9619 and Corr. 1). Statements on the Definition are contained in paragraphs 9 and 10 of the report of the Sixth Committee (A/9890).


45 posted on 05/22/2024 8:42:55 PM PDT by woodpusher
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