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Shalit Is Free. Lift the Siege of Gaza Now.

Posted: 10/26/11 01:18 PM ET

In the world of principle and international law, the ongoing Israeli blockade of Gaza -- which until now blocks Gazans from traveling to the West Bank and East Jerusalem, and blocks Gazans from exporting, farming, fishing, and otherwise earning their living -- is a clear violation of the Fourth Geneva Convention, which bars the use of "collective punishment" against a civilian population living under occupation.

The International Committee of the Red Cross -- a key guardian of the Fourth Geneva Convention -- has stated this clearly. As Voice of America reported:

The International Committee of the Red Cross says Israel's blockade of the Gaza Strip breaks international law. The humanitarian agency said Monday that the blockade violates the Geneva Convention, which bans 'collective punishment' of a civilian population.

Article 33 of the Fourth Geneva Convention of 1949 -- on the Red Cross website -- says: "No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.... Reprisals against protected persons and their property are prohibited."

"Protected persons" are defined in Article 4: "Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals."

But whether we like it or not, in the world of practical affairs, other things matter besides principle and law.

In practice, the issue of the Gaza blockade has been entangled with issue of the captivity of Israeli soldier Gilad Shalit. As the Washington Post has noted, "The blockade was widely seen as a punitive measure driven in large part by the outrage that Shalit's abduction in 2006 generated in Israel."

Hamas officials have said that Israel pledged to lift the Gaza blockade as part of the prisoner exchange that freed Shalit. Egyptian officials have also indicated that lifting the blockade was part of the deal. But Israeli officials have said that Israel did not agree to lift the blockade.

Whether lifting the blockade was part of the deal or not, Shalit's release should cause the international community to urgently revisit the issue of the Gaza blockade.

First, there is never a bad time to revisit a serious violation of international humanitarian law, and the ongoing denial of the basic human rights of 1.6 million people.

Second, although the captivity of Shalit was not a legitimate justification for the blockade, it was a key justification nonetheless. That key justification has been removed.

Third, as press reports have indicated, in achieving the prisoner exchange deal that had long eluded them, both Israel and Hamas were responding to changed dynamics in the region as a result of the Arab Spring. Both Israel and Hamas compromised longstanding positions to achieve the deal; both Israel and Hamas responded to pressure from Egypt and others to compromise to achieve the deal.

This development naturally begs the question: given these changed dynamics, what else could be achieved as a result of new pressure on the parties to compromise? Could a lifting of the blockade be achieved? Is there any good reason why the international community should not try to achieve this?

Lynn Pascoe, the UN Under-Secretary-General for Political Affairs, has just made exactly this argument to the Security Council:

A senior United Nations official has called on the Israeli government to lift the siege that has been imposed on the Gaza Strip for five years. Under-Secretary-General for Political Affairs Lynn Pascoe told a Security Council meeting on the Middle East and the Palestine Issue that the prisoner exchange agreement should lead to further steps towards ending the closure of Gaza, where a significant portion of the population are food insecure and dependent on humanitarian assistance.

"We reiterate our call on Israel for more far-reaching steps to ease its land closures and facilitate the entry of construction materials into Gaza, free movement of people in both directions and exports from Gaza, with due consideration for Israel's legitimate security concerns," he said.

To his everlasting credit, when Gilad Shalit was released from captivity, he used his megaphone to press for the release of prisoners, peace and reconciliation. "I will be very happy if all these prisoners are freed so that they can go back to their families, loved ones, territories -- it will give me great happiness if this happens," Shalit told Egyptian TV. "I hope this deal will help with the conclusion of a peace deal with the Israelis and Palestinians and I hope that cooperation links between the two sides will be consolidated."

The international community should follow Gilad Shalit's noble lead. Lift the siege of Gaza now.

 

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YafoDalet
a secular Jew
04:46 PM on 10/29/2011
Do not let the rockets flying today from Gaza (and the movie documenting that courtesy of Islamic Jihad) to confuse you. The call for the end of the blockade on Gaza should be addressed to the Hamas government, which claims it is the sovereign in that land.
08:55 PM on 10/28/2011
Shalit may be free, but a group that advocates the genocide of israelis and is unambiguously at war with the israeli state still controls the area and continues to attack israeli soldiers and civilians. We can argue over the efficacy and morality of the blockade, but we cannot argue over facts. The UN Palmer report said it was NOT collective punishment and is legal under international law. In addition, the release of shalit does nothing to rectify the fact that hamas is still in control of gaza, and openly plotting to kill israeli civilians.
Rosin the Bow
Hail to the Victors Valiant
10:59 AM on 10/28/2011
Hamas believes that "Islam is superior to democracy". And the Palestinians elected them to lead them.

http://www.palestine-info.co.uk/En/default.aspx?xyz=U6Qq7k%2bcOd87MDI46m9rUxJEpMO%2bi1s76v0hMVXXPQCa6aw8CX0Rks9VUhqwVbOnOa0qtQZObtVkAM1rnzfGuhWTQUu%2f%2fGY9PkUA%2f8OJSlEwFs9RoCjUowQftHFBRo5EuZDR9ozPfTU%3d

So why do we want to end the blockade of Gaza again?
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08:38 PM on 10/28/2011
And now that the Palestinians have had a chance to see hoe ineffectual Hamas is...and so many opposition members have been killed...when are the next "democratic" elections?
Tony Andrews
Ὁ βίος βραχύς, ἡ δὲ τέχν
01:00 PM on 10/29/2011
Matt,

You have twisted and distorted what the JOURNALIST Khalid Amayreh actually said in his OPINION PIECE, as you frequently do.

"We in occupied Palestine salute the Tunisian people for conducting orderly, democratic and nearly blemish-free elections...
We Muslims are not against true democracy, a significant, accumulative human experience which can't be dismissed lightly...
Instead, Muslims in particular ought to seek Islamic democracy where human rights and civil liberties are guaranteed while general moral values of society are preserved and encouraged. Thus moral vices shouldn't be accorded the same freedoms as moral virtues.
I hope the west will finally leave us Muslims alone and refrain from interfering in our exercise of our inalienable right to ELECT our rulers and governments."
Rosin the Bow
Hail to the Victors Valiant
08:48 AM on 10/31/2011
How can a religious based state be democratic?

:D
09:23 PM on 10/27/2011
It wasn't "his megaphone"(Violation of the Geneva Conventions). He was still a captive. It was hamas' megaphone. Despicable, just despicable... And, here you are, amplifying hamas' propaganda on huffpo. So, hamas couldn't even properly feed ONE kidnapped soldier.(also a violation of the Geneva Conventions).

BTW, who-in-the-hell is "Voice of America" and why should I care what they report. I don't. It's probably the name of your roommates policy/think-tank.

Voice of America reported Friday, that "they're tired of you leaving your dishes in the sink, and you had better replace the pepperoni Hot-Pockets you ate without their permission."
10:09 PM on 10/27/2011
If anything, the blockade needs to be tightened, for the palestinians own good, of course. Google; Gaza, or palestinian. You will see the vast majority are overweight. Think of the blockade as a nutritional and fitness program enforced by love. Maybe Michelle Obama can create a spin-off from her "Let's Move" progam. Call it, "Let's Jihad(against high fat, high carbohydrate diets).
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Nwo2012
Sue me, I boycott products from the settlements
07:11 AM on 10/28/2011
I've never heard that being overweight is evidence of a nutritional diet. Thats a unique claim.

It does show evidence of poor diet though.
HUFFPOST SUPER USER
Gui Montag
Former Palestinian Supporter
09:03 AM on 10/28/2011
First you claim the Palestinians are starving, now you complain because they aren't eating nutritionally enough. Truly unbelievable how entitled Palestinian supporters think they are.
08:58 PM on 10/28/2011
I'm pretty pro-israel, and respect the logic, if not the implementation of the blockade, but your comment is pretty ridiculous and offensive. The people of gaza are not starving, but (more due to hamas than israel but the blockade does have a limited role), not every person in gaza receives an adequate diet.
08:12 PM on 10/27/2011
Sure lift the blockade, which had nothing to do with Gilad Schalit! Maybe Israel should just hand over some high tech weapons to Hamas, while they're at it. Heck, they should just fulfill Hamas' wishes of future abductions and give 6 IDF soldiers to Hamas.

When Hamas stops seeking the destruction of Israel - Hamas was voted for by the Palestinians in Gaza - and stops rewarding terrorists with 5 star hotels and then complains their people are starving due to an Israeli blockade which Israel personally delivers hundreds of trucks each day full of aid - then the blocakade will be lifted.

This article is merely a disguise for the polite request of Israel to commit national suicide.
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Nwo2012
Sue me, I boycott products from the settlements
08:58 AM on 10/28/2011
Why does israel deliver aid if Palestinians have enough food?
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06:25 PM on 10/27/2011
Wow. So the pain Israel has gone through to rescue ha'yeled Gilad Shalit you really think is anything like a reconciliation. Every Palestinian power has pledged more such abductions. It has brought tension and possibility of war to new heights. Every Israeli soldier is encouraged to die before capture now.

You want more rewards. The ephemeral peace has never been further. Big victory for Hamas. They get to carry on with the only trade they know.
05:31 PM on 10/27/2011
The ongoing assertion that Israel's Gaza blockade is illegal due to it amounting to "collective punishment" is absolutely absurd and devoid of any military knowledge and comprehension of the laws of war. With all due respect the IRC, their opinion does not constitute international law. Under international law, blockades are LEGAL. Blockades, in and of themselves, are a form of collective punishment. There is no way to only blockade a certain group of people. Blockades in essence mean that innocent people are going to suffer through no fault of their own. During the blockade of the South in the American Civil War many southerners suffered,not just the Confederate leaders. When the Germans were blockaded in WWI almost the entire population went hungry, not only the German government. There is no means to blockade only the "bad guys". To say the blockade is illegal on grounds of collective punishment is akin to saying any war of self defense is illegal because you may inadvertently punish people of the attacking country who didn't PERSONALLY attack you. Taking responsibility as a collective is evidenced in many different aspects of law. Such a ridiculous argument wont hold up.
08:59 PM on 10/28/2011
Well said. Fanned and faved. Any other country and nobody would complain about the blockade whatsoever.
02:08 PM on 10/29/2011
Likewise. And that is the core of the problem with the anti-Israel crowd. It has nothing to do with the actions we take, but in essence, it is all about who we are...Jews.
05:28 PM on 10/27/2011
Robert Naiman you are a joke! I dont see you crying over the constant collective punishment against Israeli citizens who are regularly subjected to rocket attacks etc from Gaza.

When the Palestinians stop fighting the blockade will be lifted. Peope like you who do not even consider a balanced view are a major part of the problem and not part of the solution.
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Iconcoclast
complicated laws are opportunities for scoundrels
04:35 PM on 10/27/2011
And the 3 rockets recently fired from Gaza? Do they somehow not count as waging war upon Israel?

Israel would be foolish to end the blockade of Gaza. If they did, many more weapons from sponsors such as Iran would quickly find their way into Gaza and used upon Israeli homes and non-combatants.
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HUFFPOST SUPER USER
BcemXAHA
Yerushalaim shel zahav
04:34 PM on 10/27/2011
Naiman naiman naiman,

There is no *siege* on gaza. There is a partial blockade. If gazans knew how to behave, gaza wouldn't be blockaded.
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Nwo2012
Sue me, I boycott products from the settlements
07:12 AM on 10/28/2011
You cant be little bit pregnant.
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HUFFPOST SUPER USER
BcemXAHA
Yerushalaim shel zahav
07:46 AM on 10/28/2011
Only a poppet would make such a parallel.
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HUFFPOST COMMUNITY MODERATOR
Json
Cynical dreamer, sarcastic idealist...
04:20 PM on 10/27/2011
I suspect Israel would have been far more likely to lift the blockade after Schalit's release if the crowds welcoming home the Palestinians were chanting "We want peace!", instead of "We want another Gilad!"
Rosin the Bow
Hail to the Victors Valiant
08:13 AM on 10/28/2011
Criticizing the Palestinians, Json? What's wrong with you?
JacksonJones
Absit iniuria verbis!
11:31 AM on 10/27/2011
Since the closure is meant to address Hamas and its affiliates habit of attacking Israeli civilians with rockets, machine guns and anything else they can get their hands on, why would the prisoner exchange result in the end of that policy?
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HUFFPOST COMMUNITY MODERATOR
Json
Cynical dreamer, sarcastic idealist...
04:16 PM on 10/27/2011
Obviously nothing. This is just his pet cause, so he will try to link anything possible to it.
(That, of course, is the generous explanation. The other option is that he is actually unaware that the two situations have almost nothing to do with each other.)
09:01 PM on 10/28/2011
his pet cause is israeli national suicide. Naiman has even admitted that without a blockade there would be more weapons being delivered to gaza.
Rosin the Bow
Hail to the Victors Valiant
09:40 AM on 10/27/2011
"According to the San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994, a blockade is a legal method of warfare at sea, but is governed by rules. The blockading nation must publish a list of contraband. The manual describes what can never be contraband. Outside this list, the blockading nation is free to select anything as contraband. The blockading nation typically establish a blockaded area of water, but any ship can be inspected as soon as it is established that it is attempting to break the blockade. This inspection can occur inside the blockaded area or in international waters, but never inside the territorial waters of a neutral nation. A neutral ship must obey a request to stop for inspection from the blockading nation. If the situation so demands, the blockading nation can request that the ship divert to a known place or harbour for inspection. If the ship does not stop, then the ship is subject to capture. If people aboard the ship are resisting capture, they can be attacked. It is still not allowed to sink the ship. If a neutral ship is captured any member of the crew, resisting capture can be treated as prisoners-of-war, while the remainder of the crew should be released."

http://www.icrc.org/ihl.nsf/FULL/560?OpenDocument
10:03 AM on 10/27/2011
superb research Rosin. Big up.
12:17 PM on 10/27/2011
yes but you keep forgetting they were inspected in port prior to leaving....
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Nwo2012
Sue me, I boycott products from the settlements
10:23 AM on 10/27/2011
Wheelchairs, bottled water and children's milk isn't contraband. I don't care what israel says.
Rosin the Bow
Hail to the Victors Valiant
10:38 AM on 10/27/2011
"Outside this list, the blockading nation is free to select anything as contraband­"

I, and Israel, don't care what you say.
JacksonJones
Absit iniuria verbis!
11:27 AM on 10/27/2011
You don't even care what is true or not. Why would anyone think you cared about what anyone said?
HUFFPOST SUPER USER
commenttwo
true liberals consider ends, not just principles
11:36 PM on 10/26/2011
I would love to know how you can have the gall to use the "interview" with Shalit as support, when we all know very well how much a propaganda move and an insult to human rights that "interview" was... Never yet checked by the Red Cross, a Hamas Militant standing behind him the whole time, he looked, sick, tired, stressed, he clearly did not want to nor could he even say anything to get out of it, it was not an "interview" it was abuse - and Egyptian TV even mistranslated his statement about prisoners, excluding the hebrew in which he said about prisoners: "so long as they stop fighting Israel"

Today, Richard Behar wrote:

“This was an illusion of choice,” says Dr. Nancy Zarse of the Chicago School of Professional Psychology, an expert in hostage negotiations for the FBI, federal prisons, and the Chicago Police. “I watched the video of the interview. There was evidence of increased autonomic [nervous system] arousal, a lot of heavy breathing, and there were times that I thought he looked scared. This wasn’t really that you have the option to say no. I haven’t met or spoken with him, but I would understand that an individual like this still feels captive – that an interview like this would become part and parcel of the captivity.” "

Ignoring the rest of your opinion piece, this alone, this using of Shalit's mistranslated words for your defense is appalling.
JacksonJones
Absit iniuria verbis!
12:20 PM on 10/27/2011
Exactly. That wasn't an interview, it was a war crime.