Likoed Nederland


Israel Government legal briefing


Briefing by Alan Baker, Foreign Minister Legal Advisor - April 3, 2002


The viewpoint I will give will be to a certain point legalistic, but what we are dealing with in carrying out a campaign against terror is something which is fraught with legal aspects, because first and foremost terrorism is prohibited in international law.
It doesn't matter what the reason is, doesn't matter what the cause is, international law prohibits any type of terror. There are ways of solving international problems, there are ways of dealing with questions that come up, complaints that come up, but international law prohibits in every manner the use of terror to solve international problems.
We have seen this in Security Council resolutions and there are several, 9 or 10, international conventions prohibiting all the various components of terror. Whether it is terrorist bombings, terrorist financing or whether it's any other aspect of terror, in the air, on the sea or anywhere else.

For instance, this letter that was discovered yesterday asking Arafat to finance the various components of the explosive belts for the suicide bombers, this is financing terror. This is specifically prohibited in the most recent Security Council resolution adopted after the Sept. 11 bombings in New York in which all states, members of the UN were asked to do everything possible to stop financing terrorism to prevent all the various routes by which monies are transferred.

Coming onto the suicide bombings themselves - this is a component of terrorism. The fact that these suicide bombers include, within the actual belts, ball bearings and nails and screws and sharpened pieces of iron, this in itself, without any other context is a very serious violation of all the norms of humanitarian law in the Hague Rules of 1899, those of 1907, and the Geneva Conventions. The use of this type of material to inflict superfluous and unnecessary suffering is simply the most blatant violation of any humanitarian law available.

The use of children - it's a crime according to international law. It's detailed in the new international criminal court document as a very serious crime. Children under the age of 17, under the age of 15, using children in any way whatsoever, whether by sending them to commit suicide and blow themselves up or simply using them to hide behind them in order to shoot is something which is forbidden.

Crime against humanity - is defined in international law as a crime committed as part of a widespread or systematic attack against a civilian population with knowledge of the attack intentionally causing great suffering. By sending suicide bombers to attack restaurants, synagogues, bar mitzvahs, weddings or whatever - basically this is a form of a weapon of mass destruction. Its nothing more and nothing less and it should be treated as such. It's a weapon of terrorism.

Now, this whole thing that we are seeing over the last few days, the sheltering behind the civilian population, whether by entering into churches, bringing arms into churches, and I understand that what I have just heard is that in the Church of the Nativity there are 200 armed Tanzim people. The use of ambulances to carry weapons underneath people who are lying on stretchers, the use of hospitals, placing weapons next to schools or behind schools, or within civilian residential areas in high-rise buildings, this is perfidy. This is the use of civilian day-to-day articles in order to carry out active terror. This again is something which goes against any moral, normal humane concept of carrying out or striving to solve ones' problems.

The use of the international media to spread false rumors, to create public hysteria in order to influence the situation on the ground. This whole concept of the glorification of terror, what we find in Scandinavia, people demonstrating, wearing the clothes of suicide bombers, all these things, the glorification of terror is something which is, again, part and parcel something which is an antithesis to what we are seeing in the international community.

This campaign against terror -- Therefore it is all the more strange that here, in this corner of the world, where we are conducting a campaign striking against terror, not because we want to harm the Palestinian people, as one of the officials who for the last 11 - 12 years has been negotiating with the Palestinians, its very frustrating for me personally to see this thing that we have built, this pyramid of a series of agreements, which is just crumbling down. Because the basic commitments in these agreements, the undertaking by the Palestinians to fight terrorism, to bring to trial terrorists, and to cancel completely any kind of incitement, is being blatantly violated.

But, however, these commitments still exist, these agreements are still in force and therefore our basic position is that once it is possible to get rid of this element of terror - to do what Arafat undertook to do and has blatantly failed to do or he is not prepared to do. Once we can solve this aspect, then there is absolutely no reason why it shouldn't be possible to get back to the framework in which it will be possible to continue negotiations.

I'd just like to say a few words now about what is happening in the North because this, again, its part and parcel of another legal framework. The legal framework which was established by the UN in resolution 425 from 1978 which called for three things to be done.

Now, Israel has withdrawn. Every inch that we were supposed to withdraw from according to the line determined by the UN. This has been acknowledged by the Security Council and by the Secretary General. The Lebanese government has not yet carried out their side and hasn't brought their own governmental authorities into the area from which Israel withdrew and hence the Hizbullah is there - the only authority in the area in Southern Lebanon, and the question of peace and security still remains open. And as we have seen the Hizbullah are opening fire and threatening to bring this front back into an active violent conflict.

We have no doubts as to the responsibility and the involvement of Syria in all this and we are hence very concerned and very worried. And the Foreign Minister is so worried that he invited, yesterday, the representative of the UN Terje Larsen and asked him to pass a message on to the Syrians and to the Lebanese that they must stop this, because we won't suffer any attempt to turn this line between Israel and Lebanon once again into a line of violence.

Israel is very conscious of its obligations according to international law. We are a democratic country. We are a country where the rule of law is something that is recognized and we are a leading country of the world in this regard. It hurts us very much when we are placed in a situation, for instance, where people are finding shelter in a church, which they are perfectly entitled to do, but they take 200 weapons into a church as well. This places us in a very difficult position. This is an abuse of our own respect of human rights and humanitarian law and it places us in a very difficult position.
We will observe our obligations and in any event, in all aspects of this strike against terror. What we are trying to do is to maintain the high standards of humanitarian activity. Any problems in this respect, any soldier or any one that perhaps might not be observing this, then Israeli law provides all the procedures to examine this and to deal with this. We don't go in for killing, we don't go in for any activities which are not justified by the international law's right to self defense and what is provided for in the international instruments with respect to humanitarian issues.




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