www.familysecuritymatters.org/global.php?id=1351257
"...cite the laws that would require Israel to provide electricity, fuel &
water to a gov't in a state of war against it..."
Ed Koch Commentary
17 September 2007
I had some interesting correspondence with an Israeli human rights advocacy
group which I would like to share with you. My letter read as follows:
"I read with interest an Associated Press report in which you were quoted in
response to the Israeli government's threat "to hit the services that supply
the Gaza Strip from the State of Israel," a reference to electricity, fuel
and water provided to the inhabitants of the Gaza Strip by Israel. Your
comment was, 'Deliberately targeting civilians, in Gaza or Sderot, is
neither legal nor moral.'
"It is my understanding that the Hamas government of Gaza has said
that it is at war with the State of Israel and will not recognize any prior
agreements entered into with Israel by its predecessor government in which
the major party was Fatah. Nor would it renounce violence. It is also my
understanding that for those reasons, the United States, the European Union
and others will not recognize the Hamas government in Gaza. If those are
the facts, could you please cite the laws, international or other, on which
you are relying that would require the State of Israel to continue to
provide electricity, fuel and water to a government in a state of war
against it and currently allows different terrorist factions in Gaza to
operate freely and launch missiles against communities like Sderot, situated
in the State of Israel.
"As you know, there have been casualties and I believe some deaths of
Israeli civilians over the last several years as a result of those missile
attacks. The most recent missiles fell near an Israeli schoolyard. If
Israel does not take other military measures against the Hamas government
which it has every right to do under the right of self-defense provided
under the United Nations Charter, is it, in your opinion, prohibited from
taking less aggressive action such as the cutting off of electricity, fuel
and water?
"During World War II, had Great Britain been supplying electricity to
Germany, would Great Britain have been required to continue to do so after
Neville Chamberlain declared a state of war existed between the two
countries as a result of Germany's invasion of Poland?
"I was mayor of New York City from 1978 through 1989. I am now both a
lawyer and journalist. I would appreciate your comments for the purposes of
publication. All the best."
I received a response from Sari Bashi, Director of Gisha. She wrote,
"It is a pleasure to hear from you. I grew up in New Jersey, and my mother,
a New York resident, has always been one of your biggest fans. She always
told me how she identified with your directness and your love for New York
-- two characteristics that she shares. Thank you for your interest. I
will address your question, and I would also like to refer you to some
documents that provide more detail, if you are interested, especially a
position paper Gisha has issued, Disengaged Occupiers: The Legal Status of
Gaza, which is available at http://www.gisha.org
The position paper that Ms. Bashi referred to can be found at:
http://www.gisha.org/UserFiles/File/Report%20for%wothe%20website.pdf.
The correspondence relates to Israel's potential responses to the
missile attacks by Palestinian terrorist groups in Gaza. In its basic
covenant, the Hamas government in Gaza reiterated that it is at war with
Israel and will not prevent attacks upon Israel initiated by any group
residing in Gaza.
The Israeli government, now engaged in peace talks with the
government of Abu Abbas on the West Bank, is reluctant to use military force
to enter Gaza to stop the shelling of its citizens. Instead, the Israeli
government is considering using other means, e.g., the cutting off of
electricity and water that it now provides the Hamas government and
residents of Gaza. The advocacy group takes the position that to thus
retaliate would be illegal, notwithstanding, she wrote, that
"the Qassan rockets on Sderot violate international law, and they must
stop."
So, how does Israel stop them? Those rockets have injured and killed
Israeli citizens. Most recently, they fell on an Israeli schoolyard that
fortunately was empty of children at the time. It would truly be an Alice
In Wonderland world if Israeli citizens were deprived of the protection of
their government from missiles fired against them. The United Nations
charter specifically affirms that every country has the right to defend
itself. The conduct of Hamas is so outrageous that even the European Union,
no friend of Israel, has labeled it a terrorist organization and refuses to
do business with it. That includes France, first under then President
Chirac and currently under President Sarkozy.
But it was interesting for me that my correspondence is with a woman
who writes,
"I grew up in New Jersey, and my mother, a New York resident, has always
been one of your biggest fans."
We live in a small, and sometimes, bizarre world.
The New York Times reported on September 8th,
"Because the Hamas charter calls for Israel's destruction and Hamas is
classified by Israel, the United States and the European Union as a
terrorist group, Israel, along with much of the world, is squeezing Gaza,
allowing only goods classified as humanitarian or essential to enter and no
exports at all to leave. So an already faltering economy is collapsing."
The Times did not, so far as I know, raise the issue of illegality.
Because I would like to accommodate Ms. Bashi, knowing that her
mother is a New York resident, let me suggest a compromise: Israel should
provide water and electricity to Gaza at breakfast time for an hour at most
each day, and then shut down the services for the balance of the day. If
the missiles continue for a week, Israel should stop providing the services
altogether.
[Non-text portions of this message have been removed]
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