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The Gaza War and International Law


(Ynet News) Giora Eiland - International law that pertains to wars is premised on three assumptions: The war pits states against each other, both sides deploy soldiers in uniform, and both sides are committed to the same codes. None of the above conditions was present in Gaza. Those who appointed the Goldstone Committee are trying to push Israel into a situation whereby any effective military operation will be considered illegitimate. About two years ago, legal proceedings were launched in Spain against six senior Israeli officials charged with harming civilians in the operation to assassinate [Hamas commander] Salah Shahade. So why was the Spanish legal procedure annulled? The Spanish law drew dozens of lawsuits from across the world against the whole world. When legal proceedings were launched against Chinese generals charged with crimes against humanity, China made it clear to Spain that it better change the law. Spain got scared and indeed changed the law. Maj.-Gen. (res.) Giora Eiland chaired Israel's National Security Council from 2004 to 2006.
2010-02-05 08:38:57
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