Cap Phantom

In addition to the principle of distinction, customary international law bars military attacks that are anticipated to harm civilians excessively in relation to the expected military advantage. This is known as the “principle of proportionality.” The very notion of not inflicting “excessive” harm recognizes that some civilian casualties may be unavoidable when pursuing legitimate military objectives.

By definition, then, evaluation of proportionality (or excessive harm to civilians compared to military advantage) requires balancing two very different sets of values and objectives. States have duties to protect the lives of their civilians and soldiers, but they must balance this against their duty to minimize incidental loss of civilian lives and civilian property during military operations. That is precisely the reason that international law assesses proportionality from the standpoint of a “reasonable military commander,” and the balancing may not be second-guessed in hindsight, based on new information that has come to light.

As with the principle of distinction, a showing of intent is required for there to have been any arguable “war crime” based on excessive civilian harm in comparison with military objectives. In other words, the existence of a war crime turns not on the reasonableness of the commander’s weighing of military advantage against civilian harm, but on whether he or she knew that the attack would cause clearly disproportionate harm, but proceeded intentionally, notwithstanding this knowledge.

The IDF took extensive steps to weigh the risk of civilian harm against the existence of important military objectives, based on the information available at the time of targeting decisions. On numerous occasions, The IDF’s situation analysis frequently led to a decision not to attack legitimate military targets, to avoid the possibility of civilian harm, even though such an attack might not be excessive in relation to the anticipated military advantage.

The Israeli government are to award £1.75 million in compensation to the family of a British filmmaker who was shot dead by Israeli troops in 2003.

James Miller, 34, a husband and father to two young children, was killed by soldiers patrolling a security zone in the border region between the Gaza Strip and Egypt.

The payout to Mr Millers’ widow and children comes after a five year campaign of legal pressure on the government of Israel to accept accountability for the fatal shooting. The soldier responsible for killing Mr Miller, Lieutenant Hib al-Heib, was cleared by an army inquiry who decided the soldiers on patrol that day had not acted beyond their orders. Lieutenant Hib al-Heib was subsequently promoted to the rank of Captain.

The family of Mr Miller decided to pursue the case, refusing to accept the findings of the inquiry. They filed a suit for £3 million against the State of Israel for murder and in 2006 a British inquest ruled that the killing was murder.

Mr Miller’s brother, John revealed that the family had spent more than £1 million recovering his brother’s body, carrying out the autopsy and employing expert witnesses to follow the case. The family sued for £3 million based on loss of earnings but said, “It has never really been about the money.”

John Miller said, “Its five years since this happened. You have to reach a point where there’s a lot to be said for settling because it takes up an incredible amount of time and effort. My parents are both retired and should be enjoying life. They have seen the film of James being killed more than 500 times, and that’s really not ideal for their situation and not the way to spend their retirement.”

He added, “We are quite motivated to end this. I don’t imagine we would do it regardless of money, but it certainly isn’t the real issue. It’s about being able to move on five years later rather than having the prospect of another few years in court.”

Officials in Jerusalem had initially in 2005, decided not to press criminal charges against those involved due to lack of sufficient evidence. Instead a disciplinary hearing was organised for illegal use of a firearm. An Israeli army inquiry concluded that Mr Miller’s death was a ‘tragic accident’.

An army spokesman claimed the filmmaker had, “walked right into the middle of an ongoing battle, with heavy exchanges of fire between Israeli soldiers and Palestinian gunmen in bad light.”

However, John Miller revealed the footage that the victim had recorded that night told a different story. He said, “My brother was filmed going out of the building holding a torch which he was shining on a white flag. The film shows my brother, reporter Saira Shah and another journalist walking from the building shouting they were British journalists in English and Arabic. They reach a point where a shot is fired and it’s silent apart from he shot.”

He goes on to say, “They stand still, holding the flag. Then 10 to 15 seconds later there is another shot, the one that killed my brother. You see the flag dropped and a great deal of commotion and shouting. There were no other shots except for those two and I believe they both came from the Israeli side” he concluded.

Why does Israel claim that the Goldstone Mission was politically motivated?

Three reasons:

1. The Resolution establishing the Mission prejudges the outcome of any inquiry. Prior to any investigation, it determines that Israel has “caused massive violations of human rights” and accuses Israel of targeting medical facilities and systematically destroying Palestinian cultural heritage.

It does not accuse the Hamas of any violations. The one-sided nature of the resolution was the reason it was not supported by many States, including Canada, Japan, Switzerland the European Union.

- UN HRC Resolution

2. The Mandate of the Mission is similarly one-sided. It calls for an investigation into violations of international law by “the occupying Power, Israel, against the Palestinian people.”

It does not mandate any investigation of violations by Palestinian terrorist organizations. It was for this reason that many distinguished individuals who were asked to head the Mission refused. One of them was Mary Robinson, former High Commissioner for Human Rights, who described the mandate as: “not balanced because it focuses on what Israel did, without calling for an investigation on the launch of the rockets by Hamas.”

3. Members of the Mission: At least one of the Mission’s members has a clear bias on the issues under investigation.

During the very conflict which she is now supposed to be impartially investigating, Professor Christine Chinkin was signatory to a letter to the London Sunday Times, asserting that Israel’s actions “amount to aggression, not self-defense” and that “the manner and scale of its operations in Gaza amount to an act of aggression and is contrary to international law”.

- UN Watch Petition

Travel Insurance Policies When Travelling To Israel

              Travel insurance is often neglected when planning a holiday or business trip. In Britain we are used to a free healthcare system and often forget that in many countries this is not the case.      We tend to not realise that luggage can be lost at an airport and that pick-pockets operate in Lisbon as well as London. Most of the time, travel insurance acts as a peace of mind…right up to the time you need it and then it can be the most important article in your suitcase.

Why Do I Need Travel Insurance?

              As we are all aware, accidents can happen at any time and in any place to anybody In the worst of circumstances, this can cause significant injury as well as ruining a holiday or business trip. Unfortunately no-one can predict when these accidents will occur or the severity of them when they do. The only thing to do is to have a high quality travel insurance policy. It may feel like you are gambling against yourself when arranging such a policy, however, nothing could be further from the truth.

              Luggage can be easily lost at airport, this in normally sufficient to ruin a holiday, having to endure a flight and then to traipse around a shopping centre to buy clean socks and shirts. Travel insurance can’t make this impossible to happen, but can help pay for your new clothes, which will ease the pain a little.

              Something as innocent as a wet floor or trip down a flight of stairs could lead to a hospital trip, for example, to administer to a broken wrist or ankle. Medical insurance will usually cover the cost but if you need to return early your travel insurance policy may have a clause to allow this to be claimed for.

              When in a foreign country and hiring a car try to know the local traffic laws. We drive on the left in the UK, in Israel they drive on the right which can be confusing for the first few days. If you cause an accident, personal liability may be an issue. A good travel insurance policy will also have a clause that allows travel back to the UK if a medical emergency arises.

What Should I Look For In Travel Insurance

              Travel insurance is a safety net when abroad. A good travel insurance policy should cover you for medical and health cover for an injury or sudden illness abroad, 24 hour emergency service and assistance and personal liability cover in case you are sued for causing injury or damaging property.

              Other things to consider when purchasing travel insurance are, what is the value of your lost and stolen possessions cover? What’s the maximum you can claim on a single piece of your inventory? Are you covered for cancellation and/or curtailment of your flight or ferry? Does your policy have extra cover for activities that are usually not included standard policies, such as jet skiing or adventure activities? Are there any financial insurances in case your carrier airline becomes bankrupt before or during your excursion abroad?

Socio-political Issues

              The birthplace of Abrahamic religion is sadly not a safe place. There are many terrorist groups present in Israel. The ongoing feud with the Palestine’s has become a military conflict with indiscriminate attacks from both sides of the Gaza strip. The current recommendation from the UK government is to not travel to certain areas within Israel. This is advice to be listened to and heeded. A full list can be found on the Foreign and Commonwealth Office website.

              You are advised to maintain a high level of vigilance when travelling anywhere in Jerusalem. Political demonstrations have the potential to turn violent. For specific information about planned demonstrations or any other events which can alter the local security situation, you should register with the Consulate General in Jerusalem.

              The main types of incidents involving British National in 2008 were lost and stolen passports; arrests or detentions and assisting those who encountered security problems difficulties at Ben Gurion Airport in Tel Aviv. It is essential that travel insurance is purchased to offer some protection should your valuables be lost or stolen at an airport of hotel.

              Within the markets and bazaars, pick-pocketing is rife. Care should be taken to protect any money or documentation within them. Travel insurance will cover stolen items although its better to not be stolen from than to be a victim of theft.

              It is recommend that you obtain comprehensive travel and medical insurance before travelling. Many policies do not cover you if your claim is the result of terrorism, therefore ascertain whether you would be covered before departing. You should, of course, check that your policy covers you for all the activities you want to undertake. Hospital care is sadly not free and can be very expensive. An emergency medical flight policy is recommended as quality of care in Israel differs from hospital to hospital.

Specific Insurances

              Firstly you must have a policy that covers you for terrorist attacks. This is currently a very real possibility in any area of Israel. Also find out the geographical boundaries of your travel insurance cover. Many travel insurance policies become void if Government advice is rejected.

              For all the political and religious difficulties in Israel, it is still a fascinating country. Aside from the religious history stretching back over millenia, there is a wealth of other attractions. There are many nature reserves to explore and organised excursions into the Negev desert. Travel insurance is heavily recommended here to provide assistance if you run into difficulties. A lost wallet in a desert is the last thing you’ll want to happen, but it is easily remedied.

              The Dead sea is also found here giving the option to float in the mineral rich waters before visiting one of the many spa’s located nearby. Sadly there are reports of bags being stolen therefore travel insurance is to be desired before leaving baggage unattended at a spa or beach.

              Should you run into difficulties such as passports being stolen or lost, the British consulate can be located at:

British Embassy
192 Hayarkon Street
Tel Aviv 63405

Consular Section
1 Ben Yehuda Street
Migdalor Building, 6th Floor
Tel Aviv 63801

By Hasan Yahya, Ph.D

If you were asked this question concerning the Muslim World: Who would win the future, the  SCO or the NATO? Or the UN (DRC) or the NGO’s. What would be your answer? I think five or more answers are probable to mind: 

1. This is a good question! This the first answer.

2. Yes or no answer! Sharp or with comment or justification. A third answer is:

3. I want to sleep. A fourth answer is:

4. Answering by Silence, saying nothing and let others guess for you. And finally,

5. what do you mean? Or in what sphere, political, economic, social?

If the question was about who will win Palestine, Arabs or Jews? Probably answers may be the same. Logic of answering has these or may be more options . One gives you immediately the answers, another gives you more questions rather than answer. A third did not know, or is not interested to answer, and the fourth, no one will know your answer, or may guess according to their perceptions and understanding,  and give an answer for you!

Muslims in the Muslim world today, are divided according to  these options. Let me give another example of logic, a conversation between two Muslims,   one asked:

- “Why do you support the X or Y. Organization?”

- “Well !  the USA is my key.”

- “What do you mean?”

- I mean, if the USA disagree with X, or Y organization, immediately I support X and stand with it or Y, so the decision is for the USA to decide for me and gives me the clue to the right answer.

I don’t know if this is extreme logic, or dogmatism of opinion! But I think it is close to reasoning, more than emotions. In Arabic we used to say, my friends enemy is not my friend, and vice versa. This is  an understandable logic. All answers have logic or justification. The logic we say is a description of mental process of logic . Justification however is a description of illogical answer, unless depending on valid tested information.  One may be described as ‘empty logic’, gives you no answers or “empty of logic” gives you immediate answer to any question with justification. Logic sometimes is described as false or true logic, for example the statement: “ask your heart and decide your choice accordingly.” It might be false or true logic for many people. Exactly as if we say: ask your mind, and decide your choice accordingly.

Till now  we are dealing with philosophy, which is vast enough to describe all answers by millions of peoples around the globe. No matter how noble the aim may be, it is not a judicial logic discourse.

 
In Mathematics, along with ethics, logic in science is mainly a formal logic represented as an art of reasoning. True mathematical reasoning is so much more evident than it is possible to render any doctrine of logic proper. On the contrary, such difficulties as may arise concerning necessary reasoning have to be solved by the logician by reducing them to questions of mathematics, otherwise we have to live under the clouds of consciousness which indicates form and dimension.

This might bring us to a situation where we may ‘laugh or cry’ at the same time. Which is impossible for human to do in the same time, and no one can perform both unless one of them was absent. But they can be done separately. I guess the human mind was created to reason things. Obviously, too many questions in my mind to address and  ponder upon but, I feel exhausted, I feel like to sleep. This may be an illusion. It seems to me that many people around the world carry this word, in many Eastern religions use, to an inference of meaning nothing is real. I believe, by now, an Islamic civilization can agree that all matter changes may be seen, but thoughts do not follow suite, cultural hindrance of these thoughts is in place. And what is needed is only to open wide the doors for the new thoughts, the mathematical thoughts. In terms of these concepts: Form, dimension, space, time and force. 

Every form has dimensions. The concepts related to form are:  space, time and force. A dimension of form usually measurable by volume or boundaries. The space between two places is also measurable, but there is space between electrons and nucleus also. It is difficult to be measured. Those atoms makes up our bodies and makes the universe where we live in. 

In the Muslim world, have a place with boundaries, and time is running, It is in serious need for force to move form to a new shape or dimension.  But what’s the nature of this force? Is it internal or external force? Or  what type of force is needed, physical or mental? Or  how to obtain force to make the space and time dimension respected?

Logically speaking, every force has opposite resistance, and resistance comes in many shapes. Acceptance by assimilation, or rejection by fighting [words, rockets, airstrikes, invasion, wars, etc.,] , or compromising by understanding the new rules of the game and the spirit of age in the new situation.  

These are important questions to answer as intellectuals. But Arab and Muslim governments were and still being like the fish for someone’s dinner for a long time, keeping taking the bait again and again by using outside force or  by acceptance, rejection and compromising all together [like for example in Gaza, Lebanon, Iraq, Kashmir, and Afghanistan]. How can that be? Well look at the Muslim world governments today you find the answer. Look at their position in any dispute confront them.  And finally look at Muslims position in the world community. There is no indication to follow unity models as NATO or SCO or EU or even the AU. The role played by both,   the league of Arab nations as well as the OIC nations is very much less than public expectations. Because lack of unity and understanding the spirit of age. These ambiguous answers for the Muslims created an awkward position for themselves worldwide. Governments as well peoples behave in the same methods: rejection, assimilation, and compromising all together. While the first two are rights for everyone, compromising become injustice under different powers. It became submission with known reason, such as lack of future strategies. In practice we do not save civilians and national identity in the case of the conflict over Palestine. But still compromising is absent, which can be made simply by understanding the rules of the game in modern times. I think it is logical to accept defeat for a while, to change the image of Muslims, Palestinian included, to serve the purpose of  peoples survival and may be victory to achieve peace in the long run. For the Arab governments, the fear from Iran is not real and if it is, Iran will not be defeated by buying more arms [Estimated a little more $60 billion] . For Hamas, Israel will not be defeated by few rockets in a short time, and will not lead to victory over Israel in the temporary state of the Palestinians or Arabs or Muslims behind them. But more loss of civilians, and loosing dignity will be the result. Muslims these days need intellectual strategists who use their logic not their emotions when it comes to compromise the safety of people, strategists who understand the game rules and play according to it. In conclusion, Israel is going to demolish itself and disappear by the factor of time in an ocean of Arabs and Muslims. So save your people for the future, to play  and win the game. Look at Russia and the US are coming together to cooperate after the Cold War. Forget Palestine for thirty years, give Israel security and show yourself as peace loving people. Time is in the Arab side, and rulers do not continue forever. Hamas as well as the Arab nations have  to try new long term goals for development in their countries instead of paying billions of Dollars for weapons, never used to fight Israel. Except in the case of Syria and Egypt in 1973.  Love each other as Arabs or as Muslims and promote such love in justice practices to your citizens. Hatred hurts the promoters than enemies if they don’t know how to make peace. Israel is relatively loosing legal grounds around the world especially in Europe and the United States. I urge the Arab and Muslim leaders as well as the Palestinians to support strategic plans to make Palestinians peace loving people rather than enemies of the world. For Hamas, it should work to remove its name from the US illegal list of terrorists first, and close the eye for its goals for a noble cause which is saving the Palestinian people, A truce for twenty or thirty years to give security to Israel and Palestinian people to prove that Israel is not what the Western media thinks a small nation squeezed among hostile Arab and Muslim Ocean. In thirty years demographically, Israel will come to pass, no matter how much they planned to remain as powerful state forever. May be some of the ideas look crazy for some, but serving peace for thirty years ahead is a noble cause provided for Palestinians and Israelis alike. Sometimes courage to accept defeat is victory. And Both Israel and Hamas are defeated. The first in its Zionist failure to make Israel from the river to the sea, and Hamas, Arabs and Muslim nations are sure defeated to protect Palestinians all these years for rotten political selfish reasons. (1627 words)  www.dryahyatv.com