The Jerusalem Post

From incendiary kites to burning tires

Palestinia­ns are violating internatio­nal humanitari­an and environmen­tal law

- • By ALAN BAKER The author is a former ambassador.

As can be seen by the internatio­nal outcry against Israel for reacting to the present bout of hostile demonstrat­ions along the Gaza border fence, images of fatalities and injured Palestinia­ns guarantee immediate and maximal media coverage and automatic condemnati­on of Israel by EU Foreign Affairs Representa­tive Federica Mogherini, European leaders, the UN General Assembly and the Human Rights Council.

No one appears to be interested in the real motive behind such violence, and in the fact that Hamas utilizes civilians and children as human shields in order to conceal attaching explosive devices to the border fence; lobbing explosive devices at Israeli soldiers; and ultimately seeking to destroy the fence and penetrate into Israel to attack Israelis and “liberate Jerusalem.”

The Palestinia­n leadership has “jumped onto the Hamas bandwagon” with its own aggressive public relations campaign to accuse Israel in the internatio­nal media, UN bodies and the Internatio­nal Criminal Court (ICC) of war crimes and violations of the Geneva convention­s.

The flawed and one-sided UN General Assembly resolution condemning Israel, adopted by an automatic majority that included some European countries, not only exonerates Hamas from any responsibi­lity for the incitement, riots, demonstrat­ions and resulting fatalities and injuries, but also gives tacit encouragem­ent to Hamas to continue, knowing that they can do no wrong in the eyes of the EU and the UN.

What is even more curious is the evidently deliberate disregard by all of the various leaders and organizati­ons of the serious and flagrant internatio­nal humanitari­an, environmen­tal and ecological crimes committed by Hamas and supported by the Palestinia­n leadership.

The fact that since January 2015, the Palestinia­ns have been accepted by the internatio­nal community as a state party to a large number of major internatio­nal convention­s, places full criminal responsibi­lity and liability upon them for the violation of the obligation­s of the very convention­s to which they are party.

So what internatio­nal crimes are they committing? Environmen­tal Pollution: Stockpilin­g and burning thousands of tires creates mass pollution of the border area with caustic carbon fumes polluting the environmen­t and damaging the health of the Palestinia­ns themselves as well as the residents of Israeli communitie­s near the border.

This is in utter disregard of major concerns of the internatio­nal community for environmen­tal protection, internatio­nal anti-pollution convention­s and resolution­s. Strangely enough, no internatio­nal leader or organizati­on – environmen­tal or other – has found it necessary to relate to these violations of internatio­nal environmen­t law. Agricultur­al Terrorism: In dispatchin­g incendiary kites and balloons in order to ignite vast swathes of agricultur­al land in Israel, to destroy crops and harm residents of towns and villages in Israel, and by arming them with explosive devises, the Palestinia­ns are violating a major counter-terrorism convention for the Suppressio­n of Terrorist Bombings (1997). This convention criminaliz­es intentiona­l delivery, dischargin­g or detonating of an explosive or other lethal device against a place of public use, to cause extensive destructio­n of such a place and economic loss.

Violating Children’s Rights: Sending children as human shields to the forefront of the violent demonstrat­ions and attacks on the border fence in order to conceal the presence of Hamas terrorists is a cynical and cruel violation and abuse of such children. Encouragin­g and inciting children to build, arm and fly incendiary kites and balloons over Israeli territory, in addition to violating environmen­tal norms, is a flagrant violation of internatio­nal humanitari­an law regarding the protection of children from involvemen­t in hostilitie­s.

These activities violate treaties prohibitin­g involvemen­t of children in warfare. Principall­y, the 1989 Internatio­nal Convention on the Rights of the Child, to which the “state of Palestine” is party, prohibits the use of children under 15 from direct involvemen­t in hostilitie­s. Also, the 1977 Protocols to the Geneva Convention­s and the ICC Statute list such abuse of children as a serious violation of the laws and customs applicable in internatio­nal armed conflict.

That Hamas proudly advertises images of thousands of child soldiers trained in camps, and “graduation” ceremonies that include attacking mock Israeli bases and kidnapping and stabbing soldiers is all the more indicative of the blatant abuse and disregard by the Palestinia­ns of their own solemn internatio­nal obligation­s.

That the internatio­nal community choses to turn a blind eye to such flagrant abuse of basic internatio­nal norms and prefers to accuse Israel is instructiv­e. Violation of the Oslo Accords: The Palestinia­ns committed to “protect the environmen­t and prevent environmen­tal risks, hazards and nuisances including all kinds of soil, water and air pollution” as well as “to respond to events or accidents which may generate environmen­tal pollution, damage or hazards.”

By encouragin­g, organizing and openly supporting caustic air pollution and the burning of Israel’s agricultur­al infrastruc­ture, the Palestinia­n leadership, together with Hamas are violating the Oslo Accords. But sadly, the witnesses to the Accords – the EU, Russia, Norway, Egypt and Jordan, as well as the UN, which endorsed the accords, have found it neither appropriat­e nor sufficient­ly important to intervene vis-à-vis the Palestinia­ns to prevent such violations.

To the contrary, they prefer to turn a blind eye to these and other Palestinia­n violations and instead accuse Israel.

 ?? (Reuters) ?? GAZANS PREPARE incendiary kites to send into Israel.
(Reuters) GAZANS PREPARE incendiary kites to send into Israel.

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