Beyond the Cusp

May 1, 2017

Barghouti Palestinian Hunger Strike and International Law

 

Most people have absolutely no idea what the International Law is concerning the treatment of prisoners who choose to stage a hunger strike. Most probably believe that it is the nation where the prisoners have declared a hunger strike responsibility to do everything possible to remedy the situation favorably. This would include caving to the demands of the prisoners if that is what was required. Obviously, these people have not figured this thing out and given it the depth of thought required. If caving to the demands was a required response, and if that is what was necessary to end a prisoner hunger strike, then there would be no prisoners anywhere as all any prisoner would need to do to be released is go on a hunger strike demanding their release and then wait for a couple of weeks and have some really intense hunger pangs. Then as their health became affected, they would be released in order to preserve their health, or at least their lives. Actually, nothing could be further from the truth. The truth is if the prisoner has been determined to be of sound mind when making the decision, then any consequence of their hunger strike, including death, is on the prisoner and not the holding authority. The International Law does not even permit forced-feeding to keep prisoners alive; it actually forbids such considering forced-feeding as a form of torture which can be the basis of bringing charges against the offending government and nation. So, what exactly is the wording of the law? That can be found in the declaration of Tokyo: Declaration #6; which can be read below.


Declaration of Tokyo

International Law Concerning Prisoner Hunger Strikes

Where a prisoner refuses nourishment and is considered by the physician as capable of forming an unimpaired and rational judgment concerning the consequences of such a voluntary refusal of nourishment, he or she shall not be fed artificially. The decision as to the capacity of the prisoner to form such a judgment should be confirmed by at least one other independent physician. The consequences of the refusal of nourishment shall be explained by the physician to the prisoner.

 

This Tokyo Declaration means that if the initial physician had determined that the prisoner or prisoners who decide on a hunger strike did so while of sound mind and while not under any coercion, then a second and independent physician is required to also explain the consequences of their actions at each stage of the strike and as long as the prisoner continues demanding they continue their hunger strike, then they must be permitted to continue. Even should their action result in their deaths, they must be allowed to continue their hunger strike. There is an exception which would permit their being force-fed and that is that should they become unconscious, then they can be determined to no longer be of sound mind and thus unable to rationally insist on continuing their hunger strike and can be fed by whatever means are necessitated. Waiting for prisoners to fall unconscious before feeding them is extremely risky, as once they have lost consciousness they would be so close to death that bringing them back from the edge would be a delicate situation. The percentages for saving their lives would have fallen well below optimum and may have fallen to a point where the chances would be negligible.

 

The difficulty Israel faces is the same ideal which the Arabs throw in our faces at every opportunity with their chant of, “We love death as much as you love life and that is why we will defeat you.” To be honest, this argument has never quite made sense to us and in my case, I remember a quote attributed to General George Patton in the movie “Patton” and attributed to the General in some references where he was reputed to have said, “No bastard ever won a war by dying for his country. He won it by making some other poor dumb bastard die for his country.” Apparently, the Arabs have decided to make that easier for Israel if their threat is to be taken literally. The truth is the Arab leadership loves life just as much as any Israeli, what they do not have much regard for are the lives of those they command. Arab commanders send others to die while Israeli officers are at the tip of the spear where their command to move forward is always, “Follow me,” as they lead out. The other side of the Israeli love of life is that we also value Arab lives even to include the hunger-striking prisoners. Israel was threatened of being brought before the International Criminal Court (ICC) or the International Court of Justice (ICJ) for War Crimes and Crimes Against Humanity for torturing prisoners. Most people in the Western World have heard the claims that Israel tortures Arab prisoners but they have no idea what criminal definition of torture Israel is guilty of committing. Under the Declaration of Tokyo, forced-feeding of a prisoner, even to save their lives, is defined as torture. The life of the prisoner is presumably of no concern for the holding governance; it is on the prisoner if they lose their life due to a hunger strike. Under International Law, the death of a hunger-striking prisoner is considered a suicide and not the concern of the holding government. Israel cannot accept such a trivial treatment of a human life, even the life of a hunger-striking prisoner.

 

Marwan Barghouti, arch terrorist serving five life terms for only five of the dozens of Israelis murdered by his bombs and terror plans as well as likely hundreds injured, many horrifically suffering from crippling effects of these attacks

Marwan Barghouti, arch terrorist serving five life terms
for only five of the dozens of Israelis murdered by his
bombs and terror plans as well as likely hundreds injured,
many horrifically suffering from crippling effects of these attacks

 

The whole situation is considered a win-win by the Arab terror organizations which is why there are three or four hunger strikes called virtually every year. They realize there are only two results which can come from their hunger strike. They realize that there is little if any chance that they will be allowed to die as a result of their choices and actions. This means either they will have their demands met which usually amounts to several of the strikers being freed and other concessions. This result often comes when nations of the world demand that Israel not force-feed the prisoners and ties their demands to threats to take Israel before the ICC or the ICJ with charges of torture by force-feeding prisoners against their will. Simply put in everyday words, usually at the behest of the Arab League and numerous Arab governments, through behind the scenes communications, call for numerous European nations or the European Union to threaten Israel with charges of preserving human lives of their sworn enemies and often terrorist lives through the torture of forced-feeding them against their will. Prisoner rights groups and the family of nations pressed for and got the decision that the forced-feeding of prisoners was torture such that International Law made it punishable before the community of nations thus leaving only one means for a civilized people to save the lives of hunger striking prisoners, surrender to their demands. Before the decision that forced-feeding was torture there were two choices for governments, they could give in to the demands or they could force-feed the prisoners while it was still safe and would guarantee their survival. With the removal of feeding as a solution, there still remain two choices which save the life of the prisoner, giving in to their demands or waiting for them to pass into unconsciousness and then feeding them. The waiting for unconsciousness is a very risky means as some prisoners will die at the point of losing consciousness, others will be able to be saved and for far too many, the probabilities for survival would be very slim. None of these options are acceptable to Israel, not to her government and not to the vast majority of the people, even including the ones who might act tough and say, let them die, who if they had to make the call they would not allow them to die and would choose life.

 

The prisoners know that when they start to refuse food then either their demands will be met or Israel will face the screams across the globe from leftists and the anti-Semites that Israel is guilty of torture and is once again torturing their prisoners. The accusations continue and are louder every time there is a prisoner who is force-fed. Torture, torture they cry with the prisoner rights groups up in protest supported by numerous others from left wing groups plus there are the Soros groups who live to accuse Israel of crimes, BLM, BDS, pro-Palestinian groups, anti-Israel, anti-Zionist and all the rest of the anti-Semitic groups, European nations and their funded NGO’s, B’Tselem, the numerous peace groups and the list is nearly endless. Torture, torture ringing across the globe and the sun never sets on the various protests against Israel for saving lives. Imagine the outcry were Israel to permit just one hunger striking prisoner to die. The world screamed and demanded investigations for close to a year, some still ringing that bell, when one prisoner died from a stroke. The claims were that Israel somehow brought on his stroke, exactly how was never stated, it was just accepted that Israel not only could cause a prisoner to suffer a stroke but that Israel actually had caused the Arab prisoner to suffer a stroke. Israel faces three choices which range from bad to unthinkable and all but one will raise instant worldwide and vehemently loud demonstrations. Should Israel feed the prisoner the screams of torture rise up. Should Israel obey International Law and allow the prisoner the right to dignity and die for their cause, the screams of murderers rise up. Only if Israel surrenders to their demands will Israel not be derided before the world, the only result of giving in to their demands will be an immediate new strike demanding even deeper concessions and another after that and another and another on and on. Where would that end? The end result would be Israel having to return to choosing feeding the prisoners and facing torture charges or not feed them and allow International Law to work to its final end result and the prisoners start to die and facing murder charges. Israel is in a no win situation and the Arab terrorists understand this so they hold hunger strikes and wait to scream that Israel is a monster and tortures prisoners or murders prisoners. Israel will choose accusations of torture by forced-feeding the hunger strikers. Sometimes doing the right thing and deciding on the side of life is difficult because we live in a strange and often cruel world but Israel will always choose life. This does not mean Israel will capitulate to demands but it does mean that Israel will risk the accusations of torture if that is what the world defines preserving human lives when that choice presents itself. Fortunately, most Israeli physicians also side with life and will claim that any prisoner pressing a hunger strike to the point where it will likely cause permanent damage is a decision which is proof of a lack of sanity and thus permits forced-feeding. The world does not agree, they want Israel to permit the hunger-striking prisoners to die as demanded by International Law such that they can then instead of having to settle for claiming that the Israeli forced-feeding is torture to Israel is murdering prisoners. Where is sanity, we ask you, where is sanity?

 

Beyond the Cusp

 

January 18, 2015

World’s Lynching of Israel Continues at the ICC

Filed under: Administration,Ahmed Tibi,Amalekites,Anti-Israel,Anti-Semitism,Anti-Zionist,Appease Islamic Interests,Appeasement,Appointment,Arab Appeasement,Arab Authority,Arab League,Arab World,Arabist,Arabs,Avigdor Lieberman,Blood Libel,Boko Haram,Calaphate,Civilization,Condemning Israel,Court Order,Courts,Defend Country,Equal Responsibility,Equal Rights,Equal Treatment,Equality,Europe,European Council,European Governments,European Pressure,European Union,Executive Order,Forced Solution,Foreign NGOs,Gaza,Government,Hague,Hamas,Hamas Charter,Hanin Zoabi,Haniyeh of Hamas,Hate,History,ICC,IDF,IDF,Infiltration Tunnels,Internal Pressures,International Criminal Court,International Politics,ISIS,Islam,Islam,Islamic Jihad,Islamic Pressure,Israel,Israeli Capital City,Jerusalem,Jewish Leadership,Jewish State,Jews,Khaled Mashaal,Land for Peace,Leftist Pressures,Mediterranean Sea,Middle East,Military,Muslim World,Muslims,Netanyahu,Netherlands,Palestinian,Palestinian Authority,Palestinian Liberation Organization,Palestinian Pressures,Peace Process,PLO,Politicized Findings,Politics,Promised Land,Protective Edge,Recognize Israel,Regulations,Resolution,Russian Pressure,Saudi Arabian Pressure,Secular Interests,Security,Slective Choice,Smuggling Tunnels,Support Israel,Syria,Tel Aviv,Terror,Third Intifada,Union Interests,United Nations,United Nations Presures,Victims,World Government,World Opinion,World Pressures,Zionism,Zionist — qwertster @ 3:24 AM
Tags: , , , , , , , , , , , , , , , ,

 

We all knew this day would eventually come and now it has arrived, the conducting of an investigation by the International Criminal Court (ICC) into Israeli actions during their wars against Arab forces which instigated these wars and skirmishes by their terrorist activities. The area of scrutiny will be this past summer’s war between Gaza Hamas terrorists who had initiated the conflict with the launching of thousands of rockets into Israeli towns and cities aiming not for military targets but for civilian homes, businesses as well as schools, camps, daycares, hospitals and other civilian locations. ICC Chief Prosecutor Fatou Bensouda said her office would conduct an “analysis in full independence and impartiality” into supposed war crimes by Israel, including accusations from Hamas’s most recent terror war against Israel last summer. The Honorable Fatou Bensouda is currently one of the Chief Prosecutors of the International Criminal Court where she had previously been a Deputy Prosecutor of the International Criminal Court. She is a native of Gambia and attended law school at University of Ife Nigerian Law School International Maritime Law Institute. Some might wonder why the ICC has dedicated their Chief Prosecutor Fatou Bensouda on an investigation of Israeli actions and not assigned a prosecutor to investigate Bashir al-Assad and Syria, ISIS, al-Qaeda in the Arabian Peninsula, or Boko Haram for their far more obvious criminal actions and threats they pose to the societies and nations in their vicinity. Could one of the mitigating factors be that Israel is a liberal democracy with freedom of the press and is an open book making any investigation much easier and that Israel offers a safe location in which to perform ones investigations and a ready supply of functioning five star hotels perched right on pristine beaches with an active and cultured night life while investigating these other far more worthy targets for crimes against humanity and war crimes are far more dangerous, have limited accommodations while conducting the investigation and simply looking into actions of these entities could easily result in great danger to those conducting such investigations. I am sure such creature comforts and relative safety had little to do with the decision to investigate Israel and none of these other entities. If I were to be detached and honest about the choices in prosecuting Israel over Syria, Boko Haram, ISIS or al-Qaeda in the Arabian Peninsula by the Honorable Fatou Bensouda, I would completely agree with her choice as by comparison any groundwork to be performed in Israel, even if it included daytime trips into Gaza and seeking Hamas members for their giving interrogatories and affidavits, I too would most certainly decide to investigate Israel and would take my sweet time about it even knowing and being fully aware even before I started that if any irregularities or infractions were found and Israeli officials, either or both political or military, were made aware that Israel would immediately begin their own investigation and prosecution if one were seemed warranted. What many in the world might find hard to fathom but I feel I can predict this accurately and with little risk of being disproven, if the ICC demanded to be privileged to the entire investigation and to co-investigate the Israelis would welcome the assistance and expertise the ICC investigator could provide. Would any of the other entities which the ICC has thus far refused to launch any investigations be anywhere near as cooperative or even assure the investigator and their support staff’s safety to anywhere near the level that they will receive in Israel?

 

The reason being provided by the ICC’s Chief Prosecutor Fatou Bensouda, “A preliminary examination is not an investigation but a process of examining the information available in order to reach a fully informed determination on whether there is a reasonable basis to proceed with an (actual complete) investigation.” Needless to point out, Israel has deplored the needless investigation and pointed out that the Palestinian Authority is not a nation and thus may not call for an ICC investigation nor can it actually receive ICC membership. It was also pointed out that the war in Gaza pitted Israel against Hamas and Islamic Jihad terrorists who consistently ignore all the laws of warfare and regularly target civilian Israelis while utilizing the civilians in Gaza as human shields for their fighters and rocket launchers and have regularly placed their leadership within a bunker built underneath Gaza’s largest hospital to assure Israel will not target the Hamas leadership. Further, it is noted that Israel uses their military to protect their civilians as proven by the Iron Dome systems and their saving of Israeli civilians in the last war and that Hamas and Islamic Jihad use their civilians to protect their weapons of war and fighters. Israeli Prime Minister Netanyahu stated emphatically that, “Israel rejects the absurd decision of the ICC prosecutor. It’s absurd for the ICC to ignore international law and agreements, under which the Palestinians don’t have a state and can only get one through direct negotiations with Israel.” Earlier in the day Israeli Foreign Minister Avigdor Lieberman took to the offense accusing the ICC of starting an investigation in order to “try to harm Israel’s right to defend itself from terror.” He further accused that the ICC was “solely motivated by political anti-Israel considerations,” and he further stated he would advise against any Israeli cooperation with the probe. Cooler heads will prevail as nothing will be gained by refusing to cooperate. But should the investigation prove to be more witch hunt than honest seeking of information and truth, then expect a very public explosion of accusations from across most of the political spectrum against the Honorable Fatou Bensouda and her staff and expect them to be invited to depart from Israel controlled areas. Since Israel removed themselves from membership in the ICC they are not obliged to offer cooperation or to subject their people to rulings or trial by the ICC and should the ICC convict any Israelis of war crimes or crimes against humanity they will be investigated by Israel as well and if found guilty of such crimes the ICC will be the least of their troubles. Surprisingly, the United States, even including the State Department, have come out in complete agreement with the Israelis in that the Palestinians are not a recognized nation nor a state by the definitions of statehood. And oddly, there is an actual treaty which is accepted as providing the legal definitions of what an entity is required to meet to be recognized as a state and thus be accepted by international conventions, agendas, treaties and other legalities. The definition for recognizing an entity as a state they must first meet the definitions within the Montevideo Convention on the Rights and Duties of States, something which virtually every international lawyer and is used by the United Nations and the majority of nations. Just in case anyone is curious, the Palestinians do not meet the requirements in the Montevideo Convention to qualify as a state.

 

I guess we have reached the point where I get to get myself in trouble by making predictions which could also qualify as guessing or taking stabs in the night while blindfolded. The Honorable Fatou Bensouda will spend over four months and demand Israel provides more documentation than any reasonable person might find necessary. Numerous prolonged trips to Tel Aviv and Jerusalem to gather information and to research the Israeli Defense Forces (IDF) and their actions in Gaza this past summer will be required with most coming during the winter months when Tel Aviv is nice and warm and the ICC home in the Hague in the Netherlands is experiencing wonderful winter weather with near or below freezing temperatures and horrific rain or snow and Tel Aviv has weather suitable for swimming in the Mediterranean. Well, as long as one is not a skier or ice skater, where would you rather be in the middle of the winter, freezing in the Netherlands or swimming in the Mediterranean even if it requires you to visit Israel. Me too and I already live less than five blocks from the Mediterranean in Israel but fortunately not Tel Aviv. The Honorable Fatou Bensouda will refuse to comment quoting regulations and restrictions which do allow for the Prosecutors’ Offices from commenting on an ongoing investigation. She also will not want to let out that she has completed all the investigation necessary to reach a determination but with next winter arriving in a few months why give up on a reason to escape the worst of the winter weather swimming in the Mediterranean. The inevitable result will be, at the worst, one or two potential investigations which Israel will have completed proper investigations and have prosecuted any deserving soldiers or commanders which will negate the need for an ICC intervention. There has already been one investigation launched about six weeks ago into a potential situation which may require hearings or even a trial. The earliest hearings were held against a commander who was exonerated from the charges of refusing to pass information which may have caused investigations within his units to higher-ups but the investigation resulted in turning up the actual paperwork which had been filed with his superiors negating any suspicions or need for further actions. When the ICC Prosecutors’ Office releases their report signed and approved by the Honorable Fatou Bensouda revealing that no discrepancies or criminal investigation has been determined to be required and that the IDF has been cleared of any wrongdoings over their actions during the war with Hamas and the terror entities in Gaza during the Protective Edge operations over the summer there will be denounced and the Arab Authority, PLO, Fatah, Hamas and other Arab spokespersons will take turns denouncing the ICC for being duped or controlled by the Israelis or by the Jews who have infiltrated the Prosecutors’ Offices and tainted their impartiality. The Arab League will convene an emergency meeting to address the crisis caused by the obviously politicized lack of findings of guilt of war crimes committed by Israel during the summer war. It would not be surprising for the Arab nations or the Palestinian Liberation Organization to take a petition to the United Nations General Assembly demanding that they pass a resolution demanding that the ICC act on the crimes against humanity and war crimes which they must have discovered during their investigations and immediately make those crimes known to the world such that those guilty Israeli soldiers are able to be tried by European nations who claim international jurisdiction and demand that the IDF can be roundly condemned by the United Nations General Assembly in lieu of any action from the ICC. At the least the condemnation will be passed by the General Assembly and potentially there will be another resolution demanding the ICC release the entirety of their presumably confidential findings complaining that the summation and report they provided was inadequate and the General Assembly desires to review all of the evidence to determine what crimes were overlooked by the ICC under duress exerted by Israel and the Jewish world lobby. The grousing by Abbas, Erekat, Haniyeh, Mashaal and the rest of the Arab spokespersons even to include Ministers of the Knesset Zoabi and Tibi and others that there must have been dubious findings which had to be the result of evil influences which forced the ICC to issue their report exonerating the IDF which obviously had to have committed war crimes and crimes against humanity. The overwhelming evidence, they will claim, was evidenced by the lack of Israeli civilian casualties compared to the overwhelming numbers of civilian casualties suffered by the citizens of Gaza. This disparity can only be explained by war crimes and the IDF targeting the civilians and could not have been the result of Hamas using their civilian population as shields for their rocket launchers and terrorist fighters or by the Iron Dome intercepting virtually all of the Hamas and Islamic Jihad rockets fired which were likely to strike inhabited areas. There will be some European justices who will accept the Arab accusations and will issue warrants for the IDF hierarchy and potentially issue warrants for Israeli politicians in high office or holding Ministerial positions. Eventually everything will calm down and the warrants will lapse or be cancelled outright and the end will come when the Arab whining politicians have wrought all the media coverage they can from their whining about the evil Israelis and treacherous Jews. By then there will be something else with which to condemn Israel and demand that Israel be forced to conform to any and all demands made by the Arab Authority.

 

Beyond the Cusp

 

Create a free website or blog at WordPress.com.

%d bloggers like this: