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US military aid to Israel violates domestic, international law

Nahida H Gordon, The Electronic Intifada, 7 April 2010
Should the US government, based on international and domestic law, cut military aid and cease the transfer of weapons to Israel? (Luay Sababa/MaanImages)

The Middle East Study Committee of the Presbyterian Church (USA) has published “Breaking Down the Walls“, a report to be submitted to the church’s 219th General Assembly this July.

Some of the report’s 39 recommendations have drawn harsh criticism. The Simon Wiesenthal Center declared in a 22 February action alert that “adoption of this poisonous document by the Presbyterian Church will be nothing short of a declaration of war on Israel and her supporters” (“Presbyterian Church USA Ready to Declare War Against Israel: Take Action Now“).

Such attacks make exaggerated claims and misrepresent the recommendations. The Committee’s intent is not to make war but rather peace.

One factually misleading claim is the Simon Wiesenthal Center’s assertion that “the report calls for the US to withhold financial and military aid to Israel.” In fact, the report “calls on the US government to exercise strategically its international influence, including the possible withholding of military aid as a means of bringing Israel to compliance with international law and peacemaking efforts” (p.53).

As one can easily see, the Committee’s recommendation is nuanced and calls on withholding military aid as a last resort.

Within this context it is appropriate to consider whether the US government, based on international and domestic law, should cut military aid and cease the transfer of weapons to Israel.

According to the International Law Commission (ILC), the official UN body that codifies customary international law, “A State which aids or assists another State in the commission of an internationally wrongful act by the latter is internationally responsible for doing so if: (a) that State does so with knowledge of the circumstances of the internationally wrongful act; and (b) the act would be internationally wrongful if committed by that State” (Article 16 of the International Law Commission, “Articles on Responsibility of States for Internationally Wrongful Acts,” (2001) which were commended by the General Assembly, A/RES/56/83).

In other words, if you knowingly help someone commit a crime, you are also liable for that crime. The ILC states that international law also “prohibits conduct that involves patterns of blatant abuse and complicity in such a pattern of blatant abuse.”

According to Amnesty International, since 2001, the US has been by far the major supplier of conventional arms to Israel. Also since 2001, Israel launched military invasions of Lebanon and Gaza, causing extensive loss of civilian human life and destruction of property, including homes (“Fueling conflict: foreign arms supplies to Israel/Gaza,” Amnesty International, February 2009, p.21).

Section 502B of the US Foreign Assistance Act stipulates that “no security assistance may be provided to any country the government of which engages in a consistent pattern of gross violations of internationally recognized human rights” and section 4 of the Arms Export Control Act authorizes the supply of US military equipment and training only for lawful purposes of internal security, “legitimate self-defense,” or participation in United Nations peacekeeping operations or other operations consistent with the UN Charter.

Since the US government gives no military assistance to any of the Palestinian resistance groups, the question with regard to US military aid and transfer of weapons applies only to Israel.

And with regard to Israel, the UN-commissioned Goldstone report found that the Israeli forces in Gaza committed grave breaches of the Fourth Geneva Convention which included willful killing, torture or inhuman treatment, willfully causing great suffering or serious injury to body or health, extensive destruction of property and use of human shields. Other findings were that the Israeli forces committed a series of acts that deprive Palestinians of their means of subsistence, employment, housing and water, that deny their freedom of movement and their right to leave and enter their own country, that limit their rights to access a court of law and an effective remedy and that these findings could lead a competent court to find that the crime against humanity were committed.

A particularly abhorrent use by Israel of weapons provided to it by the US government is the use of white phosphorous which when it comes into contact with skin burns deeply through muscle and bone, continuing to burn until deprived of oxygen. It can contaminate other parts of the victim’s body or even those treating the injuries, as documented by Amnesty International. Moreover its use in civilian areas is prohibited under international law.

Based on international and domestic US laws, and the Goldstone report’s finding that Israel committed grave breaches of the Fourth Geneva Convention, the US government, in providing military aid and the transfer of arms to Israel, has violated its responsibility not to participate in the internationally wrongful acts of another state.

With these observations in mind, I personally believe that the recommendation of the Presbyterian Church (USA) Middle East Study Committee to withhold military aid to Israel as a last resort — in attempting to enforce international law vis-a-vis the occupation of Palestinian territories and the human rights violations against the Palestinians — is a mild statement, indeed. Particularly so in light of Amnesty International’s “calling on the UN, notably the Security Council, to impose an immediate, comprehensive arms embargo on all parties to the conflict, and on all states to take action individually to impose national embargoes on any arms or weapons transfers to the parties to the conflict until there is no longer a substantial risk that such arms or weapons could be used to commit serious violations of international law.”

As the Middle East Study Committee states, “We deeply value our relationships with Jews and Muslims in the United States, Israel and the predominantly Muslim countries of the Middle East. Yet the bonds of friendship must neither prevent us from speaking nor limit our empathy for the suffering of others. Inaction and silence on our part enable actions we oppose and consequences we grieve.”

N H Gordon is a professor of statistics and member of the Presbyterian Church (USA) Middle East Study Committee. Professor Gordon, a life-long Presbyterian and currently a church Elder, is a Palestinian-American who experienced, first hand, the 1948 Palestinian Nakba as a child.

April 7, 2010 - Posted by | Ethnic Cleansing, Racism, Zionism, Illegal Occupation, Solidarity and Activism, War Crimes

7 Comments »

  1. I went to the wiesenthal site to send a congratulatory email to the church leaders but their email site is set-up in such a way that only their words can be transmitted.

    Typical!

    Incidentally, congratulations to the Presbyterian Church Leaders in the USofA.

    Boycott, Divestment and Sanctions, I’m all for it

    Like

    Lansing's avatar Comment by Lansing | April 7, 2010 | Reply

    • Prescott Bush, nick name POPPY cause he was a HEROIN addict. He was charged as a WAR CRIMINAL in 1945 along with 16 IG Farben Executives.

      2010 BUSH’s were FORCED to Pay $80,000,000,000.00 to HOLOCAUST Survivors $80 MILLION.

      He ran SILESIAN Coal Steel @ AUSCHWITZ concentration death camp of IG FARBEN now BAYER forced JEWS to make steel for HITLER, Shared offices with JOSEPH MENGELE mass murder.

      Look up Silesian Steel & Zapata Oil & Gen. Smedly D Butler

      BUSH’s are considered 4th Reich or 4th Power.
      BUSH’s are NOTORIOUS Gangsters.
      CLINTONS have murdered over 60 People during their reign.

      Since NIXON every President was a TRILATERAL MEMBER,
      Rothschild Illuminate CARTEL

      Look up Trilateral Commission Members or Trilateral Members. They are all HIGH TREASON TRAITORS they are in EA State, As Governors Senators Congressmen FEDERAL JUDGES DO NOT VOTE Trilateral, They are all FASCIST Socialists COMMIES AntiAmerica

      Take the time find them all, ALSO NWO New World Order Members See what Corporations are Also on BOARD
      GE GM FORD Reynolds Aluminum IBM ALL Aided HITLER

      IG Farben CEO had a Brother on Wall St. Whom financed
      IG Farben a HUGE Pharmaceutical Corp selling DRUGS
      IG FARBEN in turn financed BOTH Roosevelt & Hitler

      HITLER had the ONLY JETS on Earth, ROCKEFELLER Standard Oil had the ONLY JET FUEL on Earth

      Rockefeller gave HITLER all the OIL for WW2

      YET TODAY these VILE GANGSTERS are running OUR AMERICA

      UNDERMINING and ALTERING America’s CONSTITUTION
      & BILL OF RIGHTS for Their Preservation and America’s DEMISE. THEIR PLAN for 240 Years Since 1776 when Rothschild Declared War on G.Washington
      The Revolutionary War, ROTHSCHILD has created 99% of ALL WARS on Earth. By imposing his UNWANTED USURY
      Stealing OUR TAX’s Charging USA 50% interest on our OWN MONEY. That is where the FEDERAL DEFICIT is originated, FALSE charges.

      ABOLISH ROTHSCHILDS ILLUMINATE FEDERAL RESERVE & FEDERAL DEFICIT & All Federalism. RID this VILE VERMIN

      Like

      United States of AMERICA's avatar Comment by United States of AMERICA | March 11, 2011 | Reply

  2. […] US military aid to Israel violates domestic, international law PDF Nahida H Gordon, The Electronic Intifada, 7 April 2010 […]

    Like

    Pingback by Israel Running the Show « Avaratietoisuus Blog | May 12, 2010 | Reply

  3. This is an AWESOME Stand By The Church! I am totally impressed and will share everywhere I can…as my parents are Presbyterian!! YAY US!! The weisenthal center has been at the center of disruptive vitriolic rhetoric (against veterans I might add) for a while now…and they need to go back to their own country to fix their own problems!!

    Like

    Guy's avatar Comment by Guy | March 10, 2011 | Reply

    • 1. ROTHSCHILD Illuminate OWNS ISRAEL
      2. Rothschild owns Everything FEDERAL as in FED RES etc.
      3. Rothschild Illuminate ALUMNI with Trilateral
      COMMISSION
      all FASCIST AntiAmerica. High Treason Traitors

      4. OF Senators, FED JUDGES, Congressmen, Governors
      Whome always VOTE For the FED or FEDS or as
      G.Washington
      called them The FEDERALISTS. Noo they didn’t go away
      been attempting COUP over USA since 1776.
      5. Infiltrating our PEOPLES GOVERNMENT altering our
      CONSTITUTION and BILL of RIGHTS for their
      Preservation.
      6. ROTHSCHILD had his High Treason Traitor CRONIES
      VOTING in favor of his TACTICS. As in giving ISRAEL
      $10,000,000.00 DAILY. 10 MILLION @ $10,000.00 per
      ISRAELI Verses $1000.00 PER American
      7. Everything FEDERAL IN USA is ROTHSCHILD JFK
      ABOLISHED federalism by EX ORDER 11110. FORCED
      Rothschild to return USA GOLD to US TREASURY.

      8. ROTHSCHILD Forte is GENOCIDE he has murdered more
      people than all Dictators total, Since he created them all

      9. ENGLAND gave ISRAEL to Rothschild when HE entered
      USA into the WAR to keep ENGLAND from Dying.
      10 Since 1949 USA has been pouring in BILLIONS BILLIONS
      Literally supporting ISRAEL.

      11 ABOLISH Rothschilds ILLUMATE FEDERAL RESERVE,
      FEDERALISM, FASCISM, Tyranny.
      12 BUSH / ROCKEFELLER created the Trilateral
      Commission, An ILLUMINATE ALUMNI

      12 STOP all FOREIGN AID, $50 BILLION being STOLEN
      From USA TAX DOLLARS.
      13 Rothschild GIVES OUR Billions away & CHARGES USA
      50% Interest. FOR giving our money away
      THAT is the:
      FEDERAL DEFICIT ANDREW JACKSON abolished THE
      FEDERAL RESERVE & FEDERAL DEFICIT.
      14 ABOLISH FEDERALISM, Everything FEDERAL in USA is
      Via ROTHSCHILD. He’s the reason USA has TAX’s.
      He raised TAX’s to pay for his LANDSCAPERS & MAIDS

      15. ROTHSCHILD want’s EVERYONE to be CHIPPED, YEP
      He’s the BEAST.
      16. Those chips presently in credit cards, soon to be
      injected into YOU. Will you be first in line for this
      TYRANT
      17. ROTHSCHILD is not a JEW. USA is supplying ISRAEL
      Nuclear War Heads, ALL ARMAMENTS and ARTILLERIES
      EDUCATION and WELFARE and HOUSING
      Why is USA Paying for an ENTIRE COUNTRY and
      Citizens ?
      18. PRESS ON CHURCH, PRESS ON Force OUR Politicians
      to STOP ALL Foreign Aid.
      19. AMERICANS need OUR MONEY. ISRAEL is MADE BY USA
      All those soldiers are dying needlessly for
      ROTHSCHILDS Greed. Mr Monopoly

      Like

      United States of AMERICA's avatar Comment by United States of AMERICA | March 11, 2011 | Reply

  4. What is described but left unstated is that Israel and the United States have been committing violations of:

    Any person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.

    Principle II

    The fact that internal law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law.

    Principle III

    The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible Government official does not relieve him from responsibility under international law.

    Principle IV

    The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.

    Principle V

    Any person charged with a crime under international law has the right to a fair trial on the facts and law.

    Principle VI

    The crimes hereinafter set out are punishable as crimes under international law:

    (a) Crimes against peace:
    (i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;
    (ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).

    (b) War crimes:
    Violations of the laws or customs of war include, but are not limited to, murder, ill-treatment or deportation to slave-labour or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war, of persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military necessity.

    (c) Crimes against humanity:
    Murder, extermination, enslavement, deportation and other inhuman acts done against any civilian population, or persecutions on political, racial or religious grounds, when such acts are done or such persecutions are carried on in execution of or in connexion with any crime against peace or any war crime.

    Principle VII

    Complicity in the commission of a crime against peace, a war crime, or a crime against humanity as set forth in Principle VI is a crime under international law.

    http://www.icrc.org/ihl.nsf/full/390

    Therefore, all those giving political, financial, and material support for those who beyond a reasonable doubt are going to use those resources as they consistent have for over 60 years, are premeditated harden war criminals. Which is also a violation of the US War Crimes Act of 1996, the US Military Law: http://faculty.ed.umuc.edu/~nstanton/Ch8.htm#s1

    Like

    Bill Mitchell's avatar Comment by Bill Mitchell | March 10, 2011 | Reply

  5. In my post above I left out the title of the treaty, it is:

    THE NUREMBERG PRINCIPLES

    Like

    Bill Mitchell's avatar Comment by Bill Mitchell | March 10, 2011 | Reply


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