On the 23rd of December a resolution passed against Israel. It is Resolution 2334, which is attached at the end of the story. 14 votes for, one abstained (USA), we need to ask question on why the 14 nations voted in favour. China, France, Russia, UK, Angola, Egypt, Japan, Malaysia, New Zealand, Senegal, Spain, Ukraine, Uruguay and Venezuela. The paper is of course legally speaking an excellent piece of work. Yet let’s take a look at several parts: “Reaffirming the obligation of Israel, the occupying Power, to abide scrupulously by its legal obligations and responsibilities under the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice“, in that same stride ‘Protection of Civilian Persons in Time of War‘, in answer to Palestine, in support and active assistance of terrorist forces, namely Hamas, who has fired well over 8000 rockets into Israel in the last decade alone, with a clear indication that they were send towards civilian targets, as such these hits require compensation in the form of land and as such a case could be found in support of settlement building.
In addition, there have been issues with article 19 of the Palestinian charter for the longest of times. The fact that the latest news regarding of the ethnic cleansing of Jews on the west bank, this was September 9th 2016 (at http://www.timesofisrael.com/pm-world-silent-as-palestinians-seek-ethnic-cleansing-of-jews-in-west-bank/). In all this other media remained silent. There were strong rebukes from the US State Department. So, should we accept that the comments of Prime Minister Binyamin Netanyahu is incorrect? The literal quote that SBS Australia gave was “US State Department spokeswoman, Elizabeth Trudeau, has described Mr Netanyahu’s language as “inappropriate and unhelpful”, saying settlement activity continues to hamper the peace process“, ‘inappropriate and unhelpful‘ is not stating that it was incorrect, so here the question becomes was it correct? The Washington Post analysed the video (at https://www.washingtonpost.com/news/worldviews/wp/2016/09/09/watch-netanyahu-says-palestinians-want-to-ethnically-cleanse-jews-from-west-bank/), we see the quote ‘The Israeli media mostly ignored the Netanyahu video‘, yet the news made it to Haaretz and the Times of Israel, in addition, there is no evidence given that it was not happening, which is interesting to say the least, in opposition in the same WP article we see: “the Palestinians today cannot “ethnically cleanse” any Jews. The Israeli settlements are all in the 60 percent of the West Bank called Area C, which is under the complete control of the Israeli army“, which carries its own brand of validity.
So, as the world news seems to genuinely ignore events on the West Bank, as the call of Hamas in its charter gives “On the Destruction of Israel: ‘Israel will exist and will continue to exist until Islam will obliterate it, just as it obliterated others before it.’” Hamas, a clear terrorist organisation, as seen supported by Palestinian officials, give rise to the dangers that Israel has faced and opposed since 1987. It still is not recognising the state of Israel, which the then Hamas Leader Khaled Mashal stated as “the Charter is ‘a piece of history and no longer relevant, but cannot be changed for internal reasons’“, which we see as part of the problem, an unadjusted charter is either irrelevant, or illegal. In that same light we see Prof. Robert Pastor from Columbia University state “Pastor surmised that those who quote the charter rather than more recent Hamas statements use it as an excuse to ignore Hamas“. Something he said in 2010, a statement that is proven to be false when we consider the well over 6000 missiles fired by Hamas on Israel since his speech.
If we want to be fair and balanced, we need to look at both sides, and in that case we must admit that wrongdoings from both sides have been done. Yet, that does not excuse either side. If the state of Israel had been accepted this situation would not have existed, in addition, after the Jewish population had been near decimated during Adolf Hitler’s European Tour, the Jewish population had a primary duty to protect itself from extinction, no one can deny that need. We can accept Reuters when we read “Hamas has observed a de facto ceasefire with Israel since 2014, when 2,100 Palestinians and 73 Israelis were killed in a war over the territory. But small jihadist cells in the Gaza Strip occasionally fire rockets across the border“, that innocuous statement ignores a basic part. Someone supplies these cells with rockets and I feel personally certain that these cells are still proclaiming to be ‘real Palestinian Hamas members‘. In that light, the support that the UK is giving this resolution is becoming a bit of an issue. Did it not learn from its earlier mistakes? In addition, as the UK now sees British soldiers being charged in regards to the death of an IRA leader in 1972, whilst the members of the IRA cannot be prosecuted due to earlier agreements. I reckon the UK has its share of issues, giving rise to the support of an Egyptian bill in regard to areas Egypt pretty much abandoned half a century ago. I admit that the last statement is rather dramatic in flavour, yet not incorrect.
So let’s get back to the resolution. When we see “Expressing grave concern that continuing Israeli settlement activities are dangerously imperilling the viability of the two-State solution based on the 1967 lines“. How is ‘viability‘ an acceptable word as we have seen acts of terrorism in name and in implied concession of the Palestine ruling administration for decades, with thousands of rockets fired towards civilian targets. That verse gets even more visibility when we see “Recalling the obligation under the Quartet Roadmap, endorsed by its resolution 1515 (2003), for a freeze by Israel of all settlement activity, including “natural growth”, and the dismantlement of all settlement outposts erected since March 2001“, where the same defense can be given that resolution 1515 is no longer in play as the rockets kept flying for well over a decade. It is a personal view, yet the fact that the lands could be seen as possibly to be annexed by the state of Israel is not that far-fetched. It is unlikely to happen, yet the fact that the Palestine leadership has never truly acted against the terrorist organisation Hamas is more than questionable regarding the validity of any Palestine solution.
In regards to France we can speculate that they agreed as they have their own share of issues, the idea that Hamas turns its attention to France must be unsettling to both DGSE (Direction générale de la sécurité extérieure) and ANSSI (Agence nationale de la sécurité des systèmes d’information), it is one headache the French at present do not need, although, I reckon they could have merely abstained their vote.
The resolution takes a swing when we see “Stresses that the cessation of all Israeli settlement activities is essential for salvaging the two-State solution, and calls for affirmative steps to be taken immediately to reverse the negative trends on the ground that are imperilling the two-State solution” and “Calls for immediate steps to prevent all acts of violence against civilians, including acts of terror, as well as all acts of provocation and destruction, calls for accountability in this regard, and calls for compliance with obligations under international law for the strengthening of ongoing efforts to combat terrorism, including through existing security coordination, and to clearly condemn all acts of terrorism“, this gives way that the taste of war is changing. It gives way that the Palestinian leaders are in serious trouble. Not only do they have to deal with the danger of Islamic State, as ISIS has been reported a week ago to be ‘choking Hamas’ we now see the resolution in a different light. As ISIS is implied to be soon unopposed in Gaza and Sinai, Egypt is about to get a situation a lot less appealing. Especially if the thousands of Muslim Brotherhood sympathisers see an option to find a common goal with ISIS. This last part is my speculation, even as they have opposed each other, their common hatred of Israel is one part they both ‘agree’ on. As the Palestine elders of Gaza panic, trying to find any solution as their funds run dry (apparently the lack of rockets this year was mainly due to sponsors placing their funds somewhere else) and the reality that the middle east economy is in the biggest dip of their existence, not in the least due to the pressures that the Syrian war has placed on all the neighbouring countries is a clear sign that there are issues all over the place.
I think that this resolution is one of desperation, when the economy gets its second earthquake in the form of an economic crash (expected Q2-Q3 2017), places like Palestine will see the deterioration of all support as those who were willing to fund will see a desperate need for funds at the home front, this includes the Muslim Middle Eastern Nations. Saudi Arabia, Iran, the UAE and Egypt will be in a long time crunch, not only today, yet as the Euro destabilises due to the Euro issues and exit referendums, both America and Japan will see their economies under severe pressures. The statement by President elect Donald Trump (read: ‘so, I’ll bankrupt America’) didn’t help either. With the economic pressures we see that Japan is also eager to get something moving here. Out of the 14 nations, we could only argue that New Zealand has the cleanest reasons (neither anti-Israel nor selfish reasons), that is unless they got a call from London to vote in a certain way.
In all this Israel is not in a good place and one could argue that Israel is starting to get anger management issues (considering the actions that Prime Minister Benjamin Netanyahu is contemplating. Or as the Times of Israel article stated “still more devastating, potential diplomatic defeat at the hands of the outgoing Obama administration via a mixture of pleas, threats and boycotts“, (at http://www.timesofisrael.com/netanyahu-goes-to-war-with-the-world/). With political pressures rising, not in the least due to cancelled visits, we see the summoning of Israeli ambassadors. Currently only the Ukrainian one, but that is unlikely to remain the only one. In a time when the Ukraine needs positive visibility, the cancelled meeting to Israel might be seen as a body blow to the Ukrainian administration. Yet, in all, this will be regarded as a failure on the side of Prime Minister Netanyahu, an act from emotion which now prevents a show of information that could have seen other resolutions, especially against Palestine regarding the actions of Hamas, that opportunity will now no longer be an option. Again, it is just speculation from my side, yet the emotional reactions by Benjamin Netanyahu could bring delays to whatever data Mossad is trying to collect. Svoboda has its anti-Semitic elements, which could fuel growing of extremisms. Ukraine is too far from Israel to be a direct threat, yet the chaos in Turkey implies that any journey via Cyprus makes these extremists a larger threat than previous considered. However, this is not about that.
The resolution shows that the document as one sided as it is opening really dangerous doorways in whatever future we would like to see, in addition, ignoring certain elements from the past by the 14 vote casters will have longer consequences. We all accept that the Middle Eastern issue is not easily answered, there might not be an answer at all. Yet the reality is that Resolution 2334 should not have been given the light of day, especially when we consider the acts of Hamas and their decades of acts of terror. The fact that the Palestinian councils have never truly acted against Hamas making this resolution an issue. All peace options offered in the past were disrupted by more attacks, in the past Hamas has only ever offered a seize fire when they ran out of rockets and ammunition. Now that they realise that this is not a dry spell, their support is waning in a faltering economy, now we see their need to get the best deal possible starting with Resolution 2334. Which is as I personally see it, the worst action possible.
If this continues, it will be a signal for extremists all over the place that their method works, which under this economy isn’t the worst strategic assumption to make.
No matter how this wind blows over, the fact that Palestine is now in a state to get whatever it can get, also shows that the breech of confidence with Hamas is a lot more brittle than many are assuming, whether this means that ISIS is in charge cannot be made without more data, what has been confirmed are the execution of Hamas officials as well as the drained budget of Hamas shows that the dynamics have changed to such an extent that Egypt is now moving to get whatever solution possible in place, because it is seeing the impact that the ISIS attacks have had over the last two months alone. It cannot be denied that Resolution 2334 is a method to stop the changing dynamic and see if this change can alter the path of ISIS, again, this is a speculation from my side. Without more data there is no viable credibility to these acts. Yet the issues are clearly connected, the voiced acts by ISIS shows increased pressure on both Egypt and the West-Bank, to see them as unrelated whilst they are pretty much next to one another is equally nuts. with ISIS proclaiming a mere 5 days ago that it is closing in on Israel’s borders give way that the pressures in this region are about to rise a fair amount (Source: Jerusalem Online). Abu Hajar also called for new recruits to join the ISIS branch in Sinai, this whilst he states that the Israeli air force is ineffective. The latter is not a given, but the fact of small cells constantly in motion will delay Israeli actions a fair bit. The fact that Abu Hajar is addressing Hamas members is a larger issue, not just for Hamas. From my point of view, the issue is not Israeli Intelligence, it is the timeline of processing. In the hour that intelligence is disseminated, the mobile units could have gone 30-50 miles, making a valid target much harder if not impossible to set. It is in this active environment that Resolution had been voted on, the fact that 14 voted in favour implies that it was a one sided political view, not set on the premise of any solution, it is not a crucible, it is merely a loom holding a one-sided weave, in the days to come some of the voters in that resolution will be scrutinised and several not in a good way.
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Update!
So, as we now get to the ‘Other’ part, we get to a different part then I had originally imagined. You see, after this blog went live, a development was given by the Guardian (at https://www.theguardian.com/world/2016/dec/27/obama-and-allies-seek-to-isolate-netanyahu-before-trump-takes-office). Not only is this current US Democratic party a collection of losers, they have gone to such desperate acts in the 11th hour to prevent the media to state that they have become the worst administration in American history. They have decided that 5 days before the end of the administration, they will push through a 2 state ‘solution’. The subtitle gives us ‘John Kerry to propose principles for two-state solution in Middle East at conference next month in wake of UN resolution’, so even as such principles take months and months to design, requiring legal expertise to mull over such papers, we now see their act of ‘abstain’ was nothing less than the cowardly act of a traitor selling Israel down the drain by literally setting an agenda with a terrorist organisation (Hamas) and letting Egypt blow the clarion, making them an American vassal, which should go over really well with both the ISIS elements next to Egypt as well as the Muslim brotherhood. This level of orchestration is the most dangerous and as I see it, the most stupid of all. So, if, I say again IF other buildings start falling down like the song ‘London bridge…..’ implies, the American Democratic Party will only have themselves to blame and they will be utterly alone should that happen. To push a two state principle down the throats of a global community so that some individual can state ‘we brought peace to the middle east’ like it is a cheap infomercial just before they get kicked out of their office. This is really bad and the fact that other papers are not full of the political analyses of the dangers that the American Democratic Party created, after they got their nation bankrupt is just beyond words. The initial quote I saw yesterday and initially ignored was from the Israeli Prime Minister: “Netanyahu claims there is ‘ironclad evidence’ Obama administration plotted to promote the UN resolution”. The info seen was the Egypt came with it (no way that America was not involved), yet the statement seemed a little too ‘conspiracy theory’ to me. Now it seems that the reality of it all is actually a lot worse.
Now consider the following: “The UN resolution and Kerry’s speech represent an attempt by the outgoing Obama administration and the rest of the UN security council to box in and isolate the Israeli government before Trump, a fervent supporter of the Israeli right, enters the White House”. If so, there is now a possible case that Barack Obama President of the United States and John Kerry, the United States Secretary of State could find themselves prosecuted for Malfeasance in office. This is seen when we take a look at the case Daugherty v. Ellis, 142 W. Va. 340, 357-8, 97 S.E.2d 33, 42-3 (W. Va. 1956) where we see the following quote: “Malfeasance has been defined by appellate courts in other jurisdictions as a wrongful act which the actor has no legal right to do;
as any wrongful conduct which affects, interrupts or interferes with the performance of official duty; as an act for which there is no authority or warrant of law;
as an act which a person ought not to do;
as an act which is wholly wrongful and unlawful;
as that which an officer has no authority to do and is positively wrong or unlawful;
and as the unjust performance of some act which the party performing it has no right, or has contracted not, to do”. So now the part that matter, how come that this is in play, how could they be regarded as prosecutable before the law? Well, that is seen when we consider that any deal of this magnitude will take months, sometimes years to properly set. The fact that a departing administration does this in their final week, means that they are taking away the freedom of action by the legitimate elected office. They are already being replaced by another party and as implied, the fact that they know that their path would not be followed, forcing their path on others could be seen as both Malfeasance as well as Misfeasance in nature. It can be seen as intentional harm from an act improperly performed, that part is pretty adamant when we see that this is forced down the throats of several people in the last 5 days of office, an act that will very likely have years of consequences as such an intentional act to prevent the next in line from properly conducting the state of the American union. I will not go as far as to see this as an act of treason by public officials, yet I feel certain that many, especially the republican side will call this act a lot harsher than I just did.
Lawrence van Rijn - Law Lord to be 