IADL Statement on Current Situation in Gaza:
THE INTERNATIONAL ASSOCIATION OF DEMOCRATIC LAWYERS CONDEMNS THE ISRAELfS MILITARY AGGRESSION IN GAZA, ITS EFFORT TO UNDERMINE THE ELECTED PALESTINIAN LEGISLATIVE COUNCIL, AND REQUESTS THE INTERNATIONAL COMMUNITY TO OPPOSE ISRAELI ACTION AND TO TAKE STEPS TO REVERSE THE HUMANITARIAN CRISIS IN GAZA.
The International Association of Democratic Lawyers (IADL), a
non-governmental organization of jurists with national affiliates on all continents, and in consultative status with ECOSOC strongly condemns the actions of the Israelfs Military in Gaza and its effort to undermine the elected Palestinian Legislative Council. IADL further requests that the international community oppose these Israeli actions and to take steps to reverse the humanitarian crisis in Gaza.
IADL believes that Israel has used the killing of two Israeli soldiers and the capture of a third by Palestinians as an excuse to invade Gaza with overwhelming military force and demolish its infrastructure. What Israel and its benefactor - the United States - really want is to destroy the democratically-elected Hamas government.
It is evident that during the weeks preceding the invasion, Israel instigated events that resulted in the capture of the Israeli soldier. The Israeli military had killed more than 30 civilians, including three children and a pregnant woman. IADL does not condone actions by Palestinians which target Israeli or other civilians, but notes that the actions which have been used as the excuse for the invasion involved military targets. In the time since the Israeli soldier was captured, Israel's US-supplied artillery has pounded the northern Gaza Strip and has made incursions in other parts of Gaza. Its aircraft struck bridges on the main roads. And its helicopters knocked out Gaza's main power plant, leaving half of Gaza's 1.5 million people and its two main hospitals without electricity and running water.
Therefore:
Israel has violated the right to self-determination of the Palestinian people, by refusing to recognize its democratically-elected government, by kidnaping its democratically - elected political officials, and by bombing the home of the Palestinian prime minister.
Israel has created a humanitarian crisis in Gaza, in violation of the Geneva Conventions IV, and the Rome Statute of the International Criminal Court (War Crimes, Article 8).
Israelfs brutal retaliation against Palestinian civilians constitutes collective punishment against the Palestinian people, in violation of Hague Regulations (Article 50); Geneva Conventions IV (Article 33); Geneva Conventions, Protocol I (Article 75).
The deliberate attacks against Palestinian civilian population and destruction of infrastructure by Israeli forces clearly constitutes war crimes under international law, and are not justified by "military necessity," and violate the Geneva Convention IV and Hague Regulations (Article 23).
The actions by the Israeli army violate the US Arms Export Control Act of 1976, under which military hardware sold by the United States to Israel can only be used for defensive purposes or to maintain internal security.
Accordingly, the International Association of Democratic Lawyers demands that:
1) Israel immediately cease all military attacks on Gaza, and lift the economic embargo it has imposed on Palestinians in the Gaza Strip.
2) Israel immediately and unconditionally release the Palestinian parliamentary officials and other public officials, kidnapped by Israel.
3) Israel comply with international law, the U.N. Charter, Article 2(4) and U.N. Resolutions 194, 242 and others, in support of the right of self-determination of the Palestinian people and end its illegal occupation of Palestine.
4) Israel respect the findings of the International Court of Justice Advisory Opinion (9 July 2004) that Israelfs construction of a wall in the Occupied Palestinian Territory and its associated regime is contrary to international law, and immediately implement the obligations of the decision.
5) The Swiss Government, the repository state of the High Contracting Parties to the Fourth Geneva Convention, convene the parties to take actions to protect Palestinian Civilians.
6) That the High Commissioner for Human Rights visit the Occupied Palestinian Territories to investigate the current situation and its devastating impact on civilians.
Furthermore, IADL,
1) Urges all parties to try to negotiate a peaceful resolution to this conflict.
2) Requests all jurists in IADL affiliates and related organization to send this statement and other letters to Israelfs embassies around the world, protesting the actions of the Israeli military, demanding an end to the hostilities and release of Palestinian government officials.
3) Requests all jurists in IADL affiliates and related organizations to send this statement and other letters to United States Embassies, US elected officials, and others to demand that the US cut off military aid to Israel in light of its violations of the US Arms Export Controls Act.
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