Sunday, January 24, 2010

Hamas' response to Goldstone?

Dia Al Madhoun, a Hamas judge and head of the Central Committee to Document and Prosecute Zionist War Criminals, has claimed that everything Hamas did during Operation Cast Lead was legal in international law.

In an article in the Al Qassam Brigades website, al-Madhoun lays out his "legal" arguments.

Firstly, he says, the rights of Hamas to use rockets and other weapons is protected by international law, and he brings as proof a UN General Assembly resolution from 1970 (25/2621) which "Reaffirms the inherent right of colonial peoples to struggle by all necessary means at their disposal against Colonial powers which suppress their aspiration for freedom and independence."

He doesn't mention that GA resolutions have no force under international law, before even getting to whether Gaza is "occupied" or whether Jews returning to their homeland are "colonialists."

Al-Madhoun adds another reason: he claims that Hamas rockets are only aimed at Israeli military targets. He says that the reason Israeli civilians die is because, firstly, because the rockets supposedly aimed at the army sometimes miss [apparently many thousands of times], and secondly because Israel had no right to "transfer" Jews to live in Sderot to begin with because it is a conflict zone and as such Israel is violating the human rights of its citizens.

Since the vast majority of Israelis now live within range of rocket fire from Palestinian Arab and Hezbollah territory, I guess the only legal solution is for all Israelis to leave the country. I imagine the UN will propose this solution soon enough.