Ambulances in Gaza:

It's hard to believe that the Washington Post could run a "news" (not opinion) article virtually accusing Israel of war crimes in not better facilitating the mobility of Red Crescent ambulances around Gaza without at least mentioning the well-established, and well-known, fact that Palestinian terrorists have often used such ambulances to ferry weapons, explosives (including belts for suicide bombers) and personnel, and that Red Crescent personnel have been implicated in terror attacks.

martinned (mail) (www):
Allow me to quickly abuse this comments section to comment on your earlier posts. I did read the Reid and Bell paper, and found it of disappointing quality. The problem isn't so much that they're wrong, per se, but more that the paper reads like a lawyer's brief in a court case, arguing for the client. One would expect an academic paper of this sort to be more dispassionate and neutral, for example by pointing out that the fighting on the Palestinian side is mostly by non-state actors, who are much less likely to be the subject of obligations under international law. (As opposed to municipal law.)
1.8.2009 10:27am
Redlands (mail):
Not hard to believe at all.
1.8.2009 10:29am
Tracy Johnson (www):
Ooohh, do we get another visit from 'green helmet guy' or is he only in Lebanon?
1.8.2009 10:29am
mls (www):
I would note that the article quotes the IDF's response to the charges, which doesn't include the point you are making. Unless the point was in the IDF's response and left out of the article, maybe you should be criticizing the IDF instead.
1.8.2009 10:36am
alkali (mail):
I don't have any information about how frequently Palestinian ambulances have been used improperly, although I agree that it certainly has happened and should have been noted in the article. (See also here.) However, a Google search (the second link in this post) is not reliable evidence of how often something has occurred.
1.8.2009 10:38am
DavidBernstein (mail):
Rather than provide a single, perhaps suspect link, I provided the search results with multiple links, and anyone interested in pursuing the matter further could follow those links, some of give a list of relevant incidents.
1.8.2009 10:42am
DavidBernstein (mail):
(Oh, and the Google search shows that it is a well-established and well-known fact, one that any reporter covering this conflict should either be aware of, or is a sign that the reporter is not sufficiently knowledgeable about the subject to be covering it).
1.8.2009 10:44am
Steve:
I agree with mls. Quoting the IDF's response is perfectly fine in terms of balance.
1.8.2009 10:46am
Charlie (Colorado) (mail):
I agree with Redlands. Last night I heard someone -- NPR? -- tease a piece by their Gaza reporter, who it turns out is a Palestinian Gazan, the piece teased as his report on what was happening to his home town.

I didn't hear the report; it could have been a model of balance, talking about the undoubted war crimes being committed by Hamas. But consider the odds.

I don't right now recall a corresponding report from their southern Israel correspondent.
1.8.2009 10:52am
AntonK (mail):
Mr. Bernstein. No, it's not hard to believe at all. Indeed, it's expected. Israel does not have the same right to self-defense as other nations.
1.8.2009 10:54am
hawkins:

I don't right now recall a corresponding report from their southern Israel correspondent.


Perhaps the report was biased, but NPR is forced to use Gazan correspondents, because they are the only ones currently allowed into Gaza. They can use their own (foreign) correspondents in southern Israel.
1.8.2009 10:55am
MatrixArchitect:
Ambulances? That's child's play. The real action is in schools. Hamas's cowardice knows no bounds.
1.8.2009 10:57am
Nathan_M (mail):
I sometimes get the impression that the only news story on this subject that would satisfy both a partisan such as Professor Bernstein and a Palestinian partisan would be phonebook sized; with three or four paragraphs of news and then a few thousand pages cateloging all the unspeakable things each side in this conflict has done to the other.

If the WaPo story went beyond what the IDF spokesperson said to say what might have provoked this controversy, as Professor Bernstein seems to want, then pro-Palestinian people would complain that the story didn't say what Isreali action provoked the Palestinians. And if it said that, then Professor Bernstein would complain the article didn't say how the Palestinians provoked the Isrealis into provoking the Palestinians. And so on, to infinity and beyond.
1.8.2009 11:01am
Joshua Johnson (mail):
Liveleak has posted a video of Hamas militants using a UN ambulance to shuttle fighters around.

Why Ambulances Sometimes Get Targeted By The IAF.

Horrible reporting by the Washington Post.
1.8.2009 11:05am
frazx:
Is there anything Israel could do that David Bernstein would criticize?
1.8.2009 11:14am
Henry679 (mail):
It is amazing that 21st Century Americans can get so obsessed over the details of ancient Middle Eastern blood feuds, like it is ever going to change.
1.8.2009 11:15am
Mahan Atma (mail):
I'm sure Pajamas Media will help present a more balanced view of the conflict by sending in veteran war correspondent Joe the Plumber.
1.8.2009 11:16am
http://volokh.com/?exclude=davidb:

I would note that the article quotes the IDF's response to the charges, which doesn't include the point you are making. Unless the point was in the IDF's response and left out of the article, maybe you should be criticizing the IDF instead.

Well, it may make sense to criticize both. But your point is well taken. The Israelis seem uniquely unable or unwilling to generate decent pro-war propaganda.

They remind me of a litigant in a divorce case who, for reasons of dignity or class, refuses to trash the other side with irrelevant slanders.

Such litigants usually get flattened.
1.8.2009 11:22am
PLR:
I sometimes get the impression that the only news story on this subject that would satisfy both a partisan such as Professor Bernstein and a Palestinian partisan would be phonebook sized; with three or four paragraphs of news and then a few thousand pages cateloging all the unspeakable things each side in this conflict has done to the other.

AGreed.

I find all of db's posts on the Israel-Gaza conflict to be utterly ridiculous and transparent (mission NOT accomplished), and I intend for this to be my last post on the matter. The WaPo reported on an unusual statement made by the ICRC in Geneva. It provided a response by a brigadier general with the IDF. That is certainly adequate for a news report on a current development, as compared to a feature length article on how nonstate actors carry out their nefarious deeds.

The stench of death is not concealed by misdirection.
1.8.2009 11:22am
Steve:
What's relevant is not whether Palestinians sometimes commit the despicable act of using ambulances as cover for suicide attacks and the like (of course they do), but whether that fact was part of the rationale for the Israeli actions in this particular case.

If it was, you'd expect the IDF statement to say so, and it's kind of puzzling why they wouldn't. It would be pure speculation for the reporter to muse "Gee, the IDF hasn't said they're afraid Hamas is using ambulances to transport militants, but if they are they'd sure have good cause for it!" I agree with letting the IDF speak for itself.

Also, the accusation in the article (who knows if it's true or not) is that the Israeli military prevented ambulances from reaching a bombed-out row of houses for four days. Prof. Bernstein converts this into an allegation of Israel "not better facilitating the mobility of Red Crescent ambulances around Gaza." That strikes me as slathering on the spin a bit too much.
1.8.2009 11:23am
http://volokh.com/?exclude=davidb:

Is there anything Israel could do that David Bernstein would criticize?

If they engaged in junk science, or bought a ridiculously priced condo in Northern Virginia in 2006, he'd be all over them.

In all seriousness, he's criticized Israeli policy before. You shouldn't mistake his vehemence for a complete lack of objectivity.
1.8.2009 11:29am
hawkins:
http://volokh.com/?exclude=davidb - how exactly are you seeing these posts?
1.8.2009 11:33am
Yankev (mail):

but NPR is forced to use Gazan correspondents, because they are the only ones currently allowed into Gaza.
Yes, because the PA will murder any Israeli correspondents who go into Gaza or the West Bank.
1.8.2009 11:34am
McGrath (mail):
1.8.2009 11:35am
Kent G. Budge (www):
"... and I intend for this to be my last post on the matter. "

Promises, promises.
1.8.2009 11:37am
http://volokh.com/?exclude=davidb:

http://volokh.com/?exclude=davidb - how exactly are you seeing these posts?

ummm.... it's meant to be ironic.

As in all these people complaining about DB could just.... you know.
1.8.2009 11:39am
DavidBernstein (mail):
Defenders of the Post reporters would be on much stronger ground if the reporters had limited themselves to "he said, she said," and hadn't editorialized in the middle of their piece, not quoting anyone but apparently just as background (as the prior use of ambulances by the terrorist would be):
The Geneva Conventions provide that parties to a conflict "at all times" should "without delay" take "all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled." The conventions also say that wounded "shall not willfully be left without medical assistance and care."
1.8.2009 11:40am
hawkins:

Yes, because the PA will murder any Israeli correspondents who go into Gaza or the West Bank.


I believe its because Israel is not currently allowing any reporters (Israeli or otherwise) into Gaza.
1.8.2009 11:41am
trad and anon (mail):
Yes, because the PA will murder any Israeli correspondents who go into Gaza or the West Bank.
I believe its because Israel is not currently allowing any reporters (Israeli or otherwise) into Gaza.
Which I presume is because they want to prevent unfavorable reporting by foreign journalists.
1.8.2009 11:43am
Steve:
Quoting the Geneva Conventions is editorializing? I think that argument just digs the hole deeper.
1.8.2009 11:45am
DavidBernstein (mail):
Steve, can you give me an example of Post reporters quoting the G.C. when talking about ANY of the many violations Hamas has engaged in, as opposed to allegations, yet to be investigated by the IDF, against Israel?
1.8.2009 11:56am
einhverfr (mail) (www):
If Israel is not willing to give PRCS ambulances access, they need to provide alternatives. However, the issue is that I don't see a lot of independent investigation as to these allegations involving the PRCS, UNRWA, etc. Hence I have to doubt the credibility of the allegations.

If the ICRC is backing the PRCS and its Israeli equivalent as well, and is calling for access, this should not be lightly ignored.
1.8.2009 11:57am
hawkins:
Fair or not, people have higher expectations for well developed democracies. Its the same reason the US is held to a higher standard than most other nations.
1.8.2009 12:00pm
einhverfr (mail) (www):
Also, I would point out that even with the PRCS allegations, I find the practice of banning ICRC medical personnel to be more problematic.
1.8.2009 12:01pm
Anon522 (mail):
Query: Would the following sentence, appropriately placed, have made the article stronger or less strong? "Israel has often clashed with the ICRC and the PRC in the past, the former over its refusal to allow the Magen David Adom, Israel's version of the Red Cross, into the international organization, and the latter over its turning a blind eye to the use of its ambulances by Palestinian militants."
1.8.2009 12:04pm
AntonK (mail):
Forget the ambulances, according to Jimmy Carter Israel has been attacking Hamas's "Defensive Tunnels" !!!

..this fragile truce was partially broken on Nov. 4, when Israel launched an attack in Gaza to destroy a defensive tunnel being dug by Hamas...
1.8.2009 12:05pm
Michael B (mail):
Venerable Beads is commenting very well indeed on the subject, from a Brit's vantage point, commenting upon MSM-styled reportage, hate-riven and obdurate protestors - extended excerpt:

"... don't believe them when they say they are motivated by a non-partisan desire for peace. It is hatred that animates them; certainly at the head. In the ranks, a mix of hatred and gullibility. Towards the tail, hatred, gullibility and the schoolboy's desire to drop his trousers at authority that post-sixties generations have been encouraged not to renounce or outgrow. But now, this basically harmless if pathetic impulse to take up contrary positions whatever they may be and however embattled the supposed authority position is, has turned deadly."

[...]

"First, there is the amazement. Yes, you really are reading this in a serious British newspaper.

"Then the horror, as the implications hit you. Then the fury, that they are still dictating the terms of this issue, that this is not some discredited minority point of view but the one you get from the BBC, still seen as a respected worldwide news source and still, for the majority of Britons, a font of unbiased truth - o, irony of bitter ironies.

"Then the sadness, the depressing, gut-twisting feeling of personal uselessness in the face of this massive assault on decency and reason, orchestrated not from the lunatic fringe but the very centre of approved discourse. ... How can they be called to account, these men and women who smile or look thoughtful from the top of their bylines; who tell it like it isn't on the nightly news, with blood on their hands, blood on their souls, blood all over?"

All too accurate and, if anything, understated.
1.8.2009 12:14pm
Richard Aubrey (mail):
It's not surprising at all.
Israel and Bush have a similar characteristic. They each have a hell of a case to make, they are each opposed by people who lie like rugs, and neither of them can manage to make the case.
Other journos are not allowed in because an outside journo released information on the beginning of the ground offensive before the IDF released it. They'd prefer to keep their ops secret, at least until contact.
Given the proclivities of such as the WaPo, or AFP, or the NYT, not to mention ME journos, it would be folly to allow them to know anything at all that the IDF didn't want Hamas to know within thirty seconds. Either the journos would call up their oppos in Hamas, or they'd simply publish and be damned.
It is really odd to have to make a case for trying to keep one's operational planning secret, as if it's some new and atrocious war crime or something.
1.8.2009 12:14pm
Steve:
..this fragile truce was partially broken on Nov. 4, when Israel launched an attack in Gaza to destroy a defensive tunnel being dug by Hamas...

I thought that was pretty appalling until I clicked the link and saw the remainder of the sentence: "And this fragile truce was partially broken on Nov. 4, when Israel launched an attack in Gaza to destroy a defensive tunnel being dug by Hamas inside the wall that encloses Gaza." Man, the raw dishonesty of some people.
1.8.2009 12:18pm
Hauk (mail):
Defenders of the Post reporters would be on much stronger ground if the reporters had limited themselves to "he said, she said," and hadn't editorialized in the middle of their piece, not quoting anyone but apparently just as background (as the prior use of ambulances by the terrorist would be).

Nice trick... when your original justification for criticizing the article is shown to be flawed, just change your rationale. Not that I disagree with you on principle.
1.8.2009 12:20pm
Sarcastro (www):
Richard Aubrey's analogy of Bush and Israel is pretty good. I'd add the PUMAs and Batman.

Until the American MSM fully supports Israel stooping to the level of it's enemy, there will never be peace.
1.8.2009 12:20pm
Anderson (mail):
The Geneva Conventions provide that parties to a conflict "at all times" should "without delay" take "all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled." The conventions also say that wounded "shall not willfully be left without medical assistance and care."

Is there an exception for "against enemies who abuse the Red Cross/Crescent for hostile purposes"?
1.8.2009 12:23pm
trad and anon (mail):
I sometimes get the impression that the only news story on this subject that would satisfy both a partisan such as Professor Bernstein and a Palestinian partisan would be phonebook sized; with three or four paragraphs of news and then a few thousand pages cateloging all the unspeakable things each side in this conflict has done to the other.
Not at all. The Israeli partisan would demand that the story begin with atrocities committed by the Palestinians, while the Palestinian partisan would demand that it begin with atrocities supposedly committed by the Israelis. Even so, both would regard the story as biased in favor of the other side.
1.8.2009 12:27pm
einhverfr (mail) (www):
Anon522: The Magen David Adom is a part of the International Federation of Red Cross and Red Crescent Societies. I think the ICRC is a separate organization from the PRCS and MDA. However, they do cooperate.
1.8.2009 12:28pm
FormerStudent:
Amazing how much time highly paid law school professors have to blog about stuff like this....shouldn't you be off grading exams or something? ;)
1.8.2009 12:29pm
gasman (mail):

Mr. Bernstein. No, it's not hard to believe at all. Indeed, it's expected. Israel does not have the same right to self-defense as other nations.

Israel exists because it displaced the lawful occupants of that land. An unlawful occupation has no right to defense. Defending israel merely continues the illegal taking that occurred in 1948.
1.8.2009 12:30pm
trad and anon (mail):
Until the American MSM fully supports Israel stooping to the level of it's enemy, there will never be peace.
You make the false assumption that some course of actions would produce peace. I doubt there is anything either side could do that would produce peace. Their demands are just too far apart.
1.8.2009 12:31pm
einhverfr (mail) (www):
I stand corrected. The PRCS and Magen David Adom are both full members of the ICRC.
1.8.2009 12:31pm
einhverfr (mail) (www):
1.8.2009 12:32pm
R Nebblesworth:
Israel is hardly the first or the most recent country to displace a land's lawful occupants... maybe they should have just called the 6-day war Israel's "discovery of the Middle East".
1.8.2009 12:38pm
martinned (mail) (www):
@gasman: I'm not sure if your statement accurately describes the law as it is today, and it certainly does not accurately describe the law the way it was in 1948. Traditionally, acquisition by conquest was legitimate as long as it was the result of a just war. That's how the US came to own much of their territory, for example.
1.8.2009 12:47pm
einhverfr (mail) (www):
Trad and anon

You make the false assumption that some course of actions would produce peace. I doubt there is anything either side could do that would produce peace. Their demands are just too far apart.


I think there is a way towards peace, and I think this Gaza op is deeply flawed. Here is what I think needs to happen:

1) Israel needs to basically announce to the world its plans to re-occupy Gaza for the purpose of creating a strong and viable Palestinian state. As part of the deal, Israel will evacuate all settlements outside the 67 border in the West Bank and commit to a recognition of Syria's claim over Golan (but note that negotiations must occur before Golan is handed over to Syria-- Israel just agrees in principle that Golan belongs to Syria).

2) Israel needs to FULLY re-occupy Gaza (without settlements) and begin training and arming police and army units. They should try to make the Palestinian army a competent fighting force capable of both battlefield and urban warfare. Israel also needs to commit to infrastructure development in Gaza.

3) After one year, they should offer a referendum in Gaza over whether to extent the occupation for one more year or not.

4) At the end of occupation, the Gazans should be given one final referendum: To immediately rejoin the PA or whether to negotiate re-joining the PA on their own.

I think that if Israel made some clear moves towards stating clearly that the 67 borders were it, and that they were committed to a strong Palestinian state, it would mute a lot of criticism. Then the really difficult issues could be tackled, such as the handling of displaced persons in the 49-50 war. Here, I think a general international fund needs to be set up and countries who expelled Jews or Arabs during that time need to put money into the pot. The money would then be used to help displaced persons and their descendants build a new life wherever they are (moving out of refugee camps), and excess would be spent on memorials to these problems. Money put in would be understood to foreclose any future claims and to fully close the issue.
1.8.2009 12:52pm
R Nebblesworth:
Whoops, I see that was not the 6-day war I was thinking of. Nonetheless, whatever the merits of Israel's most recent actions, it acts like a country, looks like a country, and is treated like a country by most of the other countries that matter. Therefore, it's legitimate.
1.8.2009 12:53pm
Dan Hamilton:

Israel exists because it displaced the lawful occupants of that land. An unlawful occupation has no right to defense. Defending israel merely continues the illegal taking that occurred in 1948.


Sorry, in case you don't remember Israel doesn't exist because the UN said so in 1948. Israel like many countries exist because THEY WON THE WAR IN 1948. They were attacked by almost all the countries next to them and others that just had to get into the war.

So there was no illegal taking in 1948. There was a war for the existance of Israel touched off by the UN saying that Israel was a country and the USA recognizing Israel as a country.

Israel didn't displace the lawfull occupants. The other Arab states scared the muslims in Israel so much with propanganda that they ran as fast as they could to get out. Those that didn't run weren't bothered and still have their property. So Israel didn't displace anybody.

Try looking at history without blinders on.

Countries come into existance most offen through wars. It is valid and since Israel has maintained itself through many wars in the last 60 years there is no doubt that it is a legal country.
1.8.2009 12:54pm
einhverfr (mail) (www):
Martinned:

I'm not sure if your statement accurately describes the law as it is today, and it certainly does not accurately describe the law the way it was in 1948. Traditionally, acquisition by conquest was legitimate as long as it was the result of a just war. That's how the US came to own much of their territory, for example.


The ethnic clensing (Dair Yassin, etc) is a bigger issue. Of course Jews in the rest of the Arab world were subject to ethnic clensing as well. So we need a pan-Middle-Eastern solution to that problem. I think the 67 borders are the only reasonable borders at this time, but the displaced people and their descendants who still live in refugee camps should be helped out of that problem. In reality this probably means a negotiated settlement by all of the major parties, with all of the main countries in the region who expelled Jews or Arabs paying into a pot for this.
1.8.2009 12:58pm
Michael B (mail):
Glenn and Michelle commenting in the same vein, at PJtv, from an American angle (free vid, no reg. req.), commenting on de facto Left/Islamicist alliances; commenting on vital information that is elided, that is edited out of the "nightly news" cycle; commenting on what Katie Couric does not emote over; commenting on the resulting moral equivalence; recalling the Muhammed al Durah blood libel; etc.
1.8.2009 12:59pm
martinned (mail) (www):
@einhverfr: At least in theory, there is a difference between the question of which land Israel legitimately has sovereignity over, and the question of who should be allowed to live their. In a (more) perfect world, the latter question should be answered without reference to faith or ethnicity. (Just like in a more perfect world a one-state solution is the only sensible one.)
1.8.2009 1:06pm
martinned (mail) (www):
"... live there."

Ouch!
1.8.2009 1:07pm
einhverfr (mail) (www):
Martinned:

I think that one shouldn't go back before the Israeli War of Independence in determining what territory Israel should have. However, my general feeling is that Israel should either have to annex the full WB and/or Gaza or none at all. Cutting PA towns off from the WB like Nihlin is not conducive to peace. However, the 49-50 war created a permanent refugee community which needs to be addressed.

If a territory is annexed, I think they should give full citizenship to its population. The settlements which amount to asserting territorial sovereignty but refusing to grant citizenship benefits to the residents is a horrid practice and needs to end.

However, the fact that the expelled Jews from elsewhere in the Middle East were welcomed in Israel and given land to start over does not excuse the ethnic cleansing which forced them out. Therefore, all parties need to admit fault, and pay into solving the remaining problem. It will help spread the cost around more fairly, and it will help with reconciliation.

I have concluded that peace will be attained when the core issues are resolved and there is a negotiated peace among military powers. Already most Palestinians do want a mutual end to hostilities, and so foreign proxies are the big problem. If the PA had a strong and competent army, answerable to the Palestinian people, there would be less fighting than there is now.
1.8.2009 1:18pm
Michael B (mail):
"Israel exists because ..." gasman

The Big Lie, traces the history, c. 1948, of refugee related issues, including the 800,000 Jewish refugees that are so infrequently mentioned. A lengthier pdf version is here.
1.8.2009 1:20pm
einhverfr (mail) (www):
Michael B:

If there were 800,000 Jewish indiviuals who were expelled and 250,000 Arabs in British Palestine who were expelled, and the cost of dealing with the current refugees was spread around fairly, that would mean a bit under 25% would be borne by Israel. I think we should push for that sort of resolution.
1.8.2009 1:27pm
Howarddd:
Wait some more time for the details to come out.

Could well be the case that this is more nonsense propaganda on the "Jenin Massacre" or "Mohammed al-Dura" model.

Since it's been established that the MSM doesn't bother checking anything, they can't be taken seriously without additional confirmation.
1.8.2009 1:27pm
Connecticut Lawyer (mail):
It's always helpful to have correspondents like gasman, because they make clear that what is at stake here is not whether Israel is complying in some sense with the laws of war applicable to all countries. They don't really care about that at all. No, gasman is pretty upfront about what he believes: Israel has no right to exist and so any action it takes to defend itself is illegitimate. This is indeed the view of the Palestinian Arabs and their supporters on the left and I am grateful to gasman for stating it so plainly.

The more interesting question is why do so many liberal pacifists fall for the Arab propaganda about Israel? It's clear that the Palestinian Arabs (and their supporters on the left) are not interested in peace with Israel because they don't think Israel has any right to exist. Why do so many liberal pacifists then blame Isaeli settlements, or Israeli security measures, or Israeli counter-attacks for the lack of peace?
1.8.2009 1:33pm
martinned (mail) (www):
@einhverfr: I went back to 1948 because, off the top of my head, that was the last time Israel significantly expanded its borders before 1967. I think by the late 1960s, the rule that Gasman referred to, i.e. the rule that countries can't use force to change their borders, was arguably in plase, so even if Israel wanted to, they could not unilaterally annex the West Bank and/or the Gaza strip. (They've never shown any signs of wanting to do this, to my knowledge.) The change from the 1948 50/50 division to the current border, however, seems entirely lawful to me.

I'm not sure if these settlements qualify as de facto annexation. They seem more like non-state action to me, but I admit my knowledge on the subject is a little sketchy. The defence wall, on the other hand, was state action, and therefore justly condemned by the ICJ as a de facto annexation of those lands that lay on the Israeli side of the wall. That includes some West Bank settlements.

The outline you sketched above seems reasonable to me, but then again, I'm not sure if reasonable is the way to go here. Your plan would probably work about as well as the US efforts in Iraq, i.e. not very well, because the Israeli-trained forces would be seen as traitors to the Palestinian cause. No Palestinian government set up in this way would be perceived as legitimate by the Palestinian people, because their hatred of all things Israel would forbid it.

The only alternative approach I can think of, though, is for Israel to swallow it for a very long time. After all, time heals all wounds, and if the Palestinians can be limited to a moderate amount of violence towards Israel without making their territories completely unlivable, that would probably be the lesser of a whole range of evils for Israel. That way, some semblance of a Palestinian economy could emerge, and with time some of the irrational hatred of Israel would degenerate into "mere" habitual rhetoric. Many Palestinians would end up working in Israel, and through economic ties and general social connections between Israelis and Palestinians, some of the hysterics might be reduced. But what I'm talking about here, though, is for Israel to put up with these missile attacks over decades without any large scale reprisals, and that is a lot to ask.
1.8.2009 1:40pm
Connecticut Lawyer (mail):
One other thought. A lot of people say that a state comprised of the West Bank and Gaza would be unviable because those territories would be separated by about 50 miles running through Israel. That seems to be an unthoughtful and erroneous conclusion.

Consider this. The continental United States and Alaska are separated by about 1,000 miles running through the sovereign and independent nation of Canada. Yet no one seems to think that jeaopardizes the viability of Alaska as part of the US. Why is that? Because the US and Canada are at peace, a full, warm, trade-and-investment filled peace. If the Palestinian Arabs wanted to have a peace like that with Israel, as opposed to a "hudna" where they just prepare for the next war, they would find that the separation between Gaza and the West Bank wouldn't be a big thing at all.
1.8.2009 1:41pm
martinned (mail) (www):
@Connecticut Lawyer: You're right, but I would like to note that Alaska can be reached from the continental United States by ship, which, I imagine, how most trade between that state and the rest of the country actually occurs.
1.8.2009 1:44pm
AntonK (mail):
"...inside the wall that encloses Gaza."

Steve, how does that change anything?
1.8.2009 1:50pm
Henry679 (mail):
What would George Washington say?

Oh wait, he did....
1.8.2009 2:01pm
Xanthippas (mail) (www):

Liveleak has posted a video of Hamas militants using a UN ambulance to shuttle fighters around.

Why Ambulances Sometimes Get Targeted By The IAF.

Horrible reporting by the Washington Post.


And is that example really the same as this one, where the Red Cross and Red Crescent apparently requested clearance to pick up the wounded, and were denied repeatedly? But since Hamas fighters rode around in ambulances at some point, it would be a grave security breach to permit verifiable rescue personnel near the site, or even allow them to finish doing their jobs of picking up emaciated children.

When do you guys just flat out admit that some of this looks pretty bad? Honestly, what can Israel do that people like Bernstein won't defend?
1.8.2009 2:18pm
SG:
Already most Palestinians do want a mutual end to hostilities

What do you base this opinion on? That's not consistent with anything I've seen or read.
1.8.2009 2:20pm
Michael B (mail):
Some information Katie Couric and Brian Williams won't be sharing with you. What is Hamas? One cross-cultural response.
1.8.2009 2:20pm
JoeSixpack (mail):
Since this was the Washington Post, I cannot see why it is hard to believe.
1.8.2009 2:37pm
sg:
einhverfr,

Aren't you aware that UN resolutions 242 and 333 envisaged that the 1967 borders would have to be modified, because they are not compatible with Israel's security needs?
1.8.2009 2:37pm
DavidBernstein (mail):
Nice trick... when your original justification for criticizing the article is shown to be flawed,
My original justification stands. The article virtually accused Israel of war crimes, esp. by citing the G.C. Given the accusatory tone of the article, it would have made sense to bring out some background as to why the Israeli militaray might not have great relations with the Palestinian Red Crescent.
1.8.2009 2:48pm
DavidBernstein (mail):
Is there an exception for "against enemies who abuse the Red Cross/Crescent for hostile purposes"?
Actually, if an allegedly neutral party like the RC is actually under the control of the enemy, they are not entitled to the protections they would otherwise get.
1.8.2009 2:49pm
Hauk (mail):
My original justification stands. The article virtually accused Israel of war crimes, esp. by citing the G.C. Given the accusatory tone of the article, it would have made sense to bring out some background as to why the Israeli militaray might not have great relations with the Palestinian Red Crescent.
Without the IDF spokesperson stating that as an explanation?
1.8.2009 2:58pm
martinned (mail) (www):
@sg: Really? I didn't know that (either). I wonder if they can really do that? In the Tadic Case, the Yugoslavia tribunal had some difficulty deciding whether there were any real limits to what could qualify as "measures not involving the use of armed force" under art. 41 of the UN Charter. The Appeals Chamber decided that the setting up of a tribunal was within the power of the Security Council. I wonder if there is any reason to believe the Security Council's competence extends to authorising an occupying force to annex part of an occupied territory without consulting the locals.
1.8.2009 3:00pm
einhverfr (mail) (www):
SG:

Every poll I have read suggests that a strong majority of Palestinians favors:

1) Mutual cessation of hostilities, and an end to Israeli security control over all parts of the PA (note the WB Separation Wall means Israeli security control over at least some portions of the PA such as all entrances and exists to Nahlin).

2) Retaliatory attacks against Israel by Palestinian militias

3) The establishment of an armed Palestinian state co-existing with Israel.

The majority do NOT support in any poll:
1) Unilateral cessation of hostilities

2) The development of a Palestinian state without an army

3) Israeli military control over entrance/exit from any part of the PA.

This is consistent across polls. Sometimes though analysis doesn't go very deep, such as this NYT article.

Better analysis:
here.

The most recent poll is an outlier but I can't find out what their methodology is so I can't verify its validity. However, if you note, the support for the existence of Israel has been dropping with continued conflict. One thing that strongly comes out of the An-Najah poll is a very cynical look at the conflict, the PA, Hamas, and prospects for peace. In particular, questions relating to personal security suggest a dismal outlook.

The question of long-term territorial claims is thus somewhat severable from the question of current peaceful coexistence.

Finally, while most Palestinians want all of Israel to assimilate, the polls overwhelmingly show that they would accept peaceful coexistance.

BTW, I have seen a number of articles in the Egyptian press calling for the creation of a Palestinian state as a springboard for eventual reunification talks creating a single state out of the land in the Green Line, Gaza, and the West Bank. So the idea of one state vs two states can itself even lend to a number of points of view.

In general, I tend to ignore the questions of rejectionism for the reason that those can be addressed slowly and later, and focus instead on the questions of whether peaceful coexistance is possible outside of that question. While a majority of Palestinians have generally argued for a one-state solution, they have also expressed willingness to coexist peacefully in nearly every poll that has asked that question.
1.8.2009 3:04pm
Leland (mail):

Is there an exception for "against enemies who abuse the Red Cross/Crescent for hostile purposes"?


Yes, it is called perfidy.
1.8.2009 3:06pm
Elliot123 (mail):
"Perhaps the report was biased, but NPR is forced to use Gazan correspondents, because they are the only ones currently allowed into Gaza."

NPR is not forced to do anyhing.
1.8.2009 3:07pm
Elliot123 (mail):
"Israel exists because it displaced the lawful occupants of that land."

So do we.
1.8.2009 3:11pm
einhverfr (mail) (www):
martinned:

One of the driving forces in my proposal is the point I would make that social benefits by conquerors tend to eliminate hatred. The US failed to provide those benefits in Iraq for a number of reasons, but now things are starting to go better because in part of the Surge, and in much larger part because of political reforms tied to the Surge.

Consider the Islamic conquest of Spain for example. What took Rome a long time to do, the Abbasids did in something like 50 years. The reason had to do with the fact that non-Muslims could not hold Muslims as slaves, so when slaves converted, they were then sent back and educated. This, combined with the Jewish support for the Islamic invaders over the Catholic rulers, helped make sure that the conquest was rapid and more enduring than the Roman conquest.

The resentment of Israel is real, which is why Israel might also need to work hard to bring in Islamic allies into the process, such as Turkey.

wfjag is right that wars stop when one side gives up wanting to fight. One thing I would point out is that this usually happens when two things happen together:
1) One side looses and
2) The losing side is helped back up by the winning side.

See Germany and Japan following WWII and contrast to Germany following WWI.
1.8.2009 3:13pm
Xanthippas (mail) (www):

NPR is not forced to do anyhing.


Indeed...they could merely not report on the conflict! Which would be fine with Bernstein and a host of commentators here.

Incidentally, does Hamas routinely use UN vehicles to ferry their men around?
1.8.2009 3:17pm
martinned (mail) (www):

@sg: Really? I didn't know that (either). I wonder if they can really do that? In the Tadic Case, the Yugoslavia tribunal had some difficulty deciding whether there were any real limits to what could qualify as "measures not involving the use of armed force" under art. 41 of the UN Charter. The Appeals Chamber decided that the setting up of a tribunal was within the power of the Security Council. I wonder if there is any reason to believe the Security Council's competence extends to authorising an occupying force to annex part of an occupied territory without consulting the locals.

Tentative answer: It would have to be uninhabited land. If the land in question were inhabited, the Security Council authorisation would amount to authorising either a violation of the right of self-determination (art. 1 of the ICCPR) or a forced expulsion (art. 7(1)(d) of the Rome Statute). Even for land that is not populated, I suspect the principle of self-determination would require the consent of the sovereign of the territory of which it is a part before it can be transferred to the occupying power, Security Council resolution or not.
1.8.2009 3:21pm
martinned (mail) (www):
@einhverfr: I still think you're being to optimistic about the willingness of the Palestinian population to go along with your scheme. As for the potential role of Turkey: Is this what you were thinking of?
1.8.2009 3:27pm
Elliot123 (mail):
"Indeed...they could merely not report on the conflict! Which would be fine with Bernstein and a host of commentators here."

That is something they could do, but I can't comment on how anyone else would react. NPR can evaluate available sources and determine if it is better to remain silent or broadcast misleading information. There is nothing forcing any news outlet to report on a story when they don't have a reliable source. For example, NPR chooses to remain mostly silent on the war in Sri Lanka.

"Incidentally, does Hamas routinely use UN vehicles to ferry their men around?"

I don't know. Do they?
1.8.2009 3:29pm
sg:
einhverfr,

I am not as optimistic as you. A majority of Palestinians may say that they favor a 2-state solution, but when you get down to questions of the alleged right or return and the status of the old city of Jerusalem, things get very difficult. And it's hard to picture Israel allowing an armed Palestinian state with full control of its air space and borders.

It may seem like a pie in the sky now, but perhaps a Jordanian solution for the West Bank and an Egyptian solution for Gaza would be more realistic.
1.8.2009 3:31pm
einhverfr (mail) (www):
DavidBernstein:

My original justification stands. The article virtually accused Israel of war crimes, esp. by citing the G.C. Given the accusatory tone of the article, it would have made sense to bring out some background as to why the Israeli militaray might not have great relations with the Palestinian Red Crescent.


However, all we have thus far are accusations by the IDF. No third-party investigations, so this is largely on the IDF's say-so. If this were a limited restriction, I might be willing to accept it, but when ICRC war surgeons who have experience working in conflict regions elsewhere are barred, I think a reasonable person can and should demand more proof than the IDF's say-so.
1.8.2009 3:33pm
einhverfr (mail) (www):
Bernstein wrote:

Actually, if an allegedly neutral party like the RC is actually under the control of the enemy, they are not entitled to the protections they would otherwise get.


But the ICRC? Are we ready to boycott the Magen David Adom for their involvement in this enemy of Israel?
1.8.2009 3:35pm
hawkins:

For example, NPR chooses to remain mostly silent on the war in Sri Lanka.


A completely worthless comparison. Sri Lanka has very little significance in the grand scheme of things.
1.8.2009 3:52pm
Anderson (mail):
The IDF is entitled to flag down ambulances and search them, but not to blow them up on general principle, or to simply forbid them access to the wounded, on the basis that some ambulances in the past have been hijacked or faked by Hamas or Hezbollah.

Sucks to be the good guys, I know, but there it is.
1.8.2009 3:52pm
einhverfr (mail) (www):
BTW, I fully support the ICRC's statement and complaint. (Here is another complaint.) I thin Prof. Bernstein leaves out the fact that the IDF seems hostile to ANY international medical teams assisting the Gazans as well. I think these actions lend a great deal of weight to the ICRC's complaints.

The fact is that when you take these together with barring veteran war-surgeons from the ICRC into Gaza, this looks like a campaign aimed at the civilian population. I would go so far as to say the unwillingness to let the ICRC operate in the area IS a war-crime, and concur with the opinion of the ICRC in this matter.
1.8.2009 4:13pm
AntonK (mail):
This is just absolutely, wonderfully delicious and fantastic! It tells you ALL you need to know.
1.8.2009 4:14pm
einhverfr (mail) (www):
Here is a list of statements that Professor Bernstein is wilfully ignoring.
1.8.2009 4:16pm
Elliot123 (mail):
"A completely worthless comparison. Sri Lanka has very little significance in the grand scheme of things."

What grand scheme? Are Sri Lankan lives worth less than Palestinian lives? Does the grand scheme force NPR to use unreliable sources?
1.8.2009 4:22pm
Assistant Village Idiot (mail) (www):
Xanthippas, now I get it! If Hamas only uses some ambulances to transport fighters, the Israeli's have to nonetheless treat all ambulances as legitimate, because they just might be doing a good work. Those that aren't doing a good work, transporting fighters who try to kill Israelis, are disregarded in the equation. They just don't count in any moral calculation, as only Israel's morals are being calculated. No wonder it all seems so clear to you. You just disregard inconvenient facts. I turn your own challenge back on you - can you see, and then express, even a partial justification for Israel's acts these last weeks?

Martinned and einhverfr are having an interesting and reasonable discussion of justifications and possible ways out of this. If I had any hope there was someone in the PA who would go along with any of it, I would recommend that this thread be required reading. I have no such hope. This has gone on my entire life (I am 55). I believe this will end only when one side or the other is utterly defeated. I deeply wish that were not so, but am driven to that conclusion.
1.8.2009 4:43pm
einhverfr (mail) (www):
Assistant Villiage Idiot:

I believe this will end only when one side or the other is utterly defeated.


I am not so optimistic. I think this will only end when one side is utterly defeated and then rebuilt with a strong helping hand by the other.

Unfortunately, Israel's approach is largely that of managing the conflict by ensuring that it continues perpetually at a low level. This prevents both requirements from occurring.
1.8.2009 4:48pm
martinned (mail) (www):

einhverfr:

Assistant Villiage Idiot:

I believe this will end only when one side or the other is utterly defeated.

I am not so optimistic. I think this will only end when one side is utterly defeated and then rebuilt with a strong helping hand by the other.

Unfortunately, Israel's approach is largely that of managing the conflict by ensuring that it continues perpetually at a low level. This prevents both requirements from occurring.

It looks to me like "utter" defeat is not possible as long as there is still a healthy Palestinian left standing. The more Palestinians get killed, captured or are forced to flee, the more angry those that are left behind get. (And understandably so.)

Annexing the Gaza strip back to Egypt, on the other hand, might be a solution. They would have more legitimacy to deal with the likes of Hamas. Unfortunately, I highly doubt that Mubarak would go for such a scheme.
1.8.2009 4:55pm
hawkins:
W

hat grand scheme? Are Sri Lankan lives worth less than Palestinian lives?


War in Sri Lanka has much less impact on the US than a war in the Middle East involving one of our biggest allies to whom we provide significant funding and arms.
1.8.2009 4:58pm
Anderson (mail):
If Hamas only uses some ambulances to transport fighters, the Israeli's have to nonetheless treat all ambulances as legitimate, because they just might be doing a good work.

This provides merely one example of the fallacious and obnoxious "either/or" style of argument of which some amateur rhetoricians are all too fond.

The choices are obviously not between "deny all ambulances access" and "admit all ambulances, no questions asked." It implies a very stupid audience to even make such a claim.

If anyone's seriously denying that the IDF has the right to stop and inspect all ambulances, that's one thing. But I don't see anyone making that argument.

The allegations are that the IDF is prohibiting ambulances from entering certain areas, or delaying them for DAYS. That is not excusable.

Defending such crap is what makes Israel look like the bad guy in the first place. If DB et al. could just once say, "wow, the IDF really shouldn't be doing that," then we'd find 'em a lot more credible the rest of the time.
1.8.2009 4:59pm
Anderson (mail):
Unfortunately, I highly doubt that Mubarak would go for such a scheme.

Right, of course. "Oh, goody! More Islamists to conspire against my government! Welcome, enemies!"
1.8.2009 5:01pm
Henry679 (mail):
How is Israel going to "utterly defeat" its enemies? It's enemies are pretty fricking numerous, however you define the term "enemy". Short of genocide, it is not possible.

And if Israel is utterly defeated (more possible, in the long run), I am pretty sure it will not be rebuilt "with a strong helping hand" by its enemies. They will just dance on its grave. That is their nature.

Some situations are just utterly hopeless. Despair exists for a reason. Not every problem will be reasoned away. We must try, surely, but we must also accept that we may fail. And the crushing demographics here make that a very real possibility--no, probability.

I suspect that someday (and not that far down the road), something catastrophic is going to happen in the Middle East. Call me a pessimist, but the numbers just look grimmer and grimmer the longer you project things. Forgive me for being an "America Firster", but my primary concern is what happens to this nation should that come to pass.
1.8.2009 5:04pm
einhverfr (mail) (www):
martinned:

Utter defeat could mean a number of things. One option would be an occupation and nation-building exercise. If Israel can't do this alone for political and resentment reasons, maybe the Arab League would agree to help provided that the settlements outside the 67 borders are dismantled? The only thing that is necessary is giving up the will to fight.
1.8.2009 5:05pm
martinned (mail) (www):

Right, of course. "Oh, goody! More Islamists to conspire against my government! Welcome, enemies!"

I didn't say I blamed him, although I'm thinking there's probably already quite a Hamas presence in Cairo, if only to arrange for supplies.
1.8.2009 5:06pm
Ken Arromdee:
I think that if Israel made some clear moves towards stating clearly that the 67 borders were it, and that they were committed to a strong Palestinian state, it would mute a lot of criticism.

I don't think so at all. Many Middle Eastern countries and groups get a lot of mileage out of painting Israel as the enemy. Many anti-semites do too (and that overlaps quite a bit, of course). Whether Israel actually does something wrong won't make any difference.

Heck, we have people here saying that Israel's existence at all is illegitimate.
1.8.2009 5:08pm
martinned (mail) (www):
@einhverfr: Israel re-occupying all Palestinian territories would hardly be enough to qualify as "utter" defeat. Hamas and the other fumdamentalists would just keep fighting. In this day and age of insurgency warfare, the concept of winning a war has become increasingly ill-defined. The only way people win wars these days is if the other guy gives up.
1.8.2009 5:09pm
davidbernstein (mail):
Anderson, your point that no one is arguing that Israel has to give unrestricted access to PRC ambulances would be a lot more credible if the ICRC's latest press release wasn't entitled, "Gaza: life-saving ambulances must be given unrestricted access to the wounded."
1.8.2009 5:13pm
Dan Hamilton:

I am not so optimistic. I think this will only end when one side is utterly defeated and then rebuilt with a strong helping hand by the other.


Duh. The only helping hand Hamas will ever give the Jews is a push into a grave. If the Moslims win there will be no Jews to be helped. I don't understand why people have such a hard time accepting that Hamas and all the other terriorist groups mean just what they say. They want Israel destroyed and they mean the destruction of all the Jews in Israel. They keep repeating this and refusing to back down but people will just not believe they are serious. They are willing to blow up themselves, their children, and other moslims just to kill a few Jews. They are serious. Believe them.

Israel wins or is completly destroyed or the war continues. It is impossible to have peace with a people that are determined to kill you and your children. So determined that they teach their children that killing Jews is good and that blowing yourself up is a good thing as long as you take some Jews with you.

Why are so many people so foolish they cannot see that there can be no peace until the Moslims decide to stop killing Jews. The day that they do Israel will make peace.
1.8.2009 5:14pm
einhverfr (mail) (www):
DavidBernstein:

The IDF's point would also be a lot more credible if they weren't blocking ICRC war surgeons from going to hospitals in Gaza. I fail to see how international war surgeons are likely to be facilitating terrorist attacks.

And, no, it is not irrelevant as it goes to motive. I don't think the IDF's motive here is good as the blocking of war surgeons from Gaza suggests a strong element of collective punishment.
1.8.2009 5:17pm
Sarcastro (www):
Spurious logic is awesome!


Hamas wins or is completly destroyed or the war continues. It is impossible to have peace with a people that are determined to kill you and your children. So determined that they teach their children that killing Moslims is good and that blowing civilians up is a good thing as long as you take some Hamas members with you.



Why are so many people so foolish they cannot see that there can be no peace until the Jews decide to correctly spell Moslims. The day that they do Israel will make peace.
1.8.2009 5:24pm
Dan Hamilton:

I fail to see how international war surgeons are likely to be facilitating terrorist attacks.


They aren't. BUT they will facilitate terrorist propaganda and PR. Not so small effect. Israel has seen such tactics in the past. why should they alow it now. It does nothing for them and helps their enemy. They lose either way but they lose less if they stop them.

You know the pictures of the Angle like war surgeon working on some little child saying into to the cammera "Why, Why is Israel doing this".

Some how you never see pictures of war surgeons working on an Israelly child hurt by a Hamas rocket saying "Why, Why is Hamas doing this".

More then enough reason to keep the so called war surgeons out.
1.8.2009 5:25pm
Stevie Miller (mail):
Some how you never see pictures of war surgeons working on an Israelly child hurt by a Hamas rocket saying "Why, Why is Hamas doing this".

How many of the 14 total people killed by Hamas rockets have been Israeli children.

Shame, shame, shame on those of you Jewish men who support killing Palestinian children, and can always find some way to justify it in the name of 14 Jewish deaths. Shame!
1.8.2009 5:35pm
Stevie Miller (mail):
I bet men like DB are proud that they kept ambulances and international volunteers from reaching the toddlers found clinging to their dead mothers in Gaza today, four days after the deaths.

Are you, DB? Are you really proud of what you are willing on behalf of your daughter here? I hope one day she is disgusted by your Israel advocacy, and falls in love and marries one of those beautiful brown-eyed Palestinian boys. I do. I hope your grandchildren are of mixed blood, and one day you hold a little part-Palestian life in your arems and tell us again how mighty Israel is in killing children in order to protect little ones like your girl. I hope it brings you to tears the innocent deaths that are occurring in Gaza today.
1.8.2009 5:38pm
Elliot123 (mail):
"War in Sri Lanka has much less impact on the US than a war in the Middle East involving one of our biggest allies to whom we provide significant funding and arms."

Does that force NPR to use unreliable sources?
1.8.2009 5:39pm
Anderson (mail):
I didn't say "unrestricted access." The device of putting words into the opponent's mouth is also not a mark of the highest intelligence.

Checking ambulances does not "restrict access." It ensures that access is in fact being given to ambulances.

... So, Dan Hamilton -- saving children's lives is to be discouraged where politically undesirable? I'm trying to be sure I understand your point.
1.8.2009 5:40pm
Stevie Miller (mail):
It is impossible to have peace with a people that are determined to kill you and your children.

Absolutely. Tell that to the children and parents today in Gaza.

Sow... Reap. Choose Love, not Hate. Follow Christ's living example.
1.8.2009 5:41pm
Anderson (mail):
Follow Christ's living example.

While I'm playing Rhetoric Cop, Stevie, something tells me that example is not going to fly much with Israel or Hamas.
1.8.2009 5:44pm
Stevie Miller (mail):
I was aiming for David Bernstein, Anderson.

And remember, they have only killed 14 in the past years. The devil is in the details.

Remind me -- how many of those 14 killed by Hamas rockets were babies and toddlers again? And how many of the Palestinian babies and toddlers were found carrying weapons and needed to be summarily exterminated for the survival of Israel's children?

Details, details.
1.8.2009 5:46pm
einhverfr (mail) (www):
Dan Hamilton:

They aren't. BUT they will facilitate terrorist propaganda and PR. Not so small effect. Israel has seen such tactics in the past. why should they alow it now. It does nothing for them and helps their enemy. They lose either way but they lose less if they stop them.


So your argument is that refusing to allow neutral parties to provide medical care where Israel as a nation cannot should be supported because of propaganda reasons?

This gets right to the war crime complaint, doesn't it? The idea that Israel is deliberately interfering with medical supply for propaganda and collective punishment reasons?

I note that the IDF's public defender here on VC (Prof. Bernstein) won't address the ambulance closure issue in context with the bans on war surgeons entering Gaza.
1.8.2009 5:46pm
Stevie Miller (mail):
Christ is there for everyone. Jews, Muslims, and those currently ignorant of his love and teachings.

I just hope G-d doesn't stoop to wiping out his people with another Great Flood, so disgusted he is at finding no men worth saving amongst them.
1.8.2009 5:48pm
http://volokh.com/?exclude=davidb:

Choose Love, not Hate. Follow Christ's living example.

Umm.... you mean let other people torture and kill you?

Has it occurred to you that maybe, just maybe, scrupulous adherence to religious doctrine has actually been part of the problem in this area of the world? I'm just wondering.
1.8.2009 5:49pm
Elliot123 (mail):
"Absolutely. Tell that to the children and parents today in Gaza."

I suspect the parents knew it when they voted for Hamas.
1.8.2009 5:51pm
Stevie Miller (mail):
"Umm.... you mean let other people torture and kill you?"

I think the 14 were only killed by rocket fire, not tortured. Think of them as collateral damage, like all the dead Palestian babies. And Shalit was a soldier, meaning he chose to fight.

Once a victim, always a victim, even when the score apparently is 14 v. Thousands, I guess.
1.8.2009 5:52pm
LM (mail):
martinned:

Annexing the Gaza strip back to Egypt, on the other hand, might be a solution. They would have more legitimacy to deal with the likes of Hamas. Unfortunately, I highly doubt that Mubarak would go for such a scheme.

Sadat wanted no part of it. I wish he had. Thirty years of Israeli occupied West Bank and Egyptian occupied Gaza would have made for a fascinating contrast. But anyway, what's happened in the last thirty years that would make Gaza a more desirable place to be responsible for?
1.8.2009 5:53pm
Stevie Miller (mail):
Has it occurred to you that maybe, just maybe, scrupulous adherence to religious doctrine has actually been part of the problem in this area of the world? I'm just wondering.

Yep, but it's not Christianity making the problems, now is it?

Once you get over the "G-d gave it to us" and start realizing that you can't be given a state, but you have to actually live in it peaceably for centuries to retain it, you start to realize perhaps why the Jews are a landless people.
1.8.2009 5:54pm
Stevie Miller (mail):
I suspect the parents knew it when they voted for Hamas.

I suspect Hamas' delivery of necessary humanitarian services -- better than Fatah in the face of Israeli blockages and occupation -- led them to win that one. Thanks for nothing Israel!
1.8.2009 5:55pm
Stevie Miller (mail):
And can you imagine the rage and hatred being created in Gaza today by the innocent deaths?

Poor Israel -- sometimes I wonder if she indeed needs to provoke because without an enemy, what has she?
1.8.2009 5:56pm
Gaius Obvious (mail):
Shame, shame, shame on those of you Jewish men who support killing Palestinian children, and can always find some way to justify it in the name of 14 Jewish deaths. Shame!

14?!? It's a hell of a lot more than just 14!

Shame on you murder supporters who urge on terror attacks on Israel and always diminish the terror threat to Israeli citizens. Shame!
1.8.2009 6:03pm
einhverfr (mail) (www):
Another note to Dan Hamilton:

I would think that the propaganda value of allowing ICRC war surgeons into Gaza would be far lower for Hamas than the value of not allowing them in.

After all, by not allowing the war surgeon team in, Israel is undermining the messages that:

1) They care about reducing the harm from civilian casualties and hence

2) The restrictions on ambulances are reasonable.

In short refusing to let them in makes Israel look far more guilty of war crimes because it calls into question the affirmative defences Prof. Bernstein has mentioned.
1.8.2009 6:05pm
martinned (mail) (www):

Gaius Obvious:
Shame, shame, shame on those of you Jewish men who support killing Palestinian children, and can always find some way to justify it in the name of 14 Jewish deaths. Shame!

14?!? It's a hell of a lot more than just 14!

Shame on you murder supporters who urge on terror attacks on Israel and always diminish the terror threat to Israeli citizens. Shame!

I'd be careful going down this particular path. Before you know it, you're arguing about who shot at who first, and that kind of debate tends to end up involving Old Testament quotes pretty quickly.
1.8.2009 6:11pm
Stevie Miller (mail):
Geez, Gais,
how far back are you going to go? Did Hamas rockets really kill anyone back in 1948? Or are you just puffing the threat so you can try out some of those new methods of killing kids?
1.8.2009 6:12pm
Stevie Miller (mail):
Shame on you murder supporters who urge on terror attacks on Israel and always diminish the terror threat to Israeli citizens. Shame!

14 killed in the past years.
Compared to thousands slaughtered by Israel.
We know the score. And that's why it only works if Israel keeps the reporters out, and keeps puffing the threat to her own children.

Again, who was the last Israeli child killed by Hamas again? Can you say OVERKILL by the Israeli forces? I knew ya could!
1.8.2009 6:14pm
Stevie Miller (mail):
The only question in my mind:
do folks like DB honestly believe that killing civilian children makes Israel safer?

Really do they believe that? Or they are so excited at thinking themselves, powerful! that they are honestly willing to risk the futures of their own for the satisfaction of seeing so many more of their neighbor's dead?

I mean, this stuff doesn't work. You can't bomb innocent people into submission. Isn't that clear yet?
1.8.2009 6:16pm
Sarcastro (www):
There are only 2 choices here:

1. Be angry at Hamas for killing Jews like Dan Hamilton. This means you needn't be angry at any Hamas Jew-killers or their compatriots dying.

2. Be angry at the Jews for killing Palestinians like Stevie Miller. This means you needn't be angry at any Jews Hamas kills.

People like Anderson who try to look at both sides are clearly secretly in league with whichever side you are not on.
1.8.2009 6:20pm
http://volokh.com/?exclude=davidb:

Yep, but it's not Christianity making the problems, now is it?

Oh, heavens no.
1.8.2009 6:23pm
einhverfr (mail) (www):
Martinned:

I'd be careful going down this particular path. Before you know it, you're arguing about who shot at who first, and that kind of debate tends to end up involving Old Testament quotes pretty quickly.


Or a better alternative:

Kill 'em all and let Odin and Freya increase the size of their armies..... [/sarcasm]
1.8.2009 6:24pm
Elliot123 (mail):
"Once you get over the "G-d gave it to us" and start realizing that you can't be given a state, but you have to actually live in it peaceably for centuries to retain it, you start to realize perhaps why the Jews are a landless people."

History shows that who ever can take and hold the land gets to retain their own country. Living peacefully on is is not a requirement.
1.8.2009 6:28pm
Anderson (mail):
People like Anderson who try to look at both sides are clearly secretly in league with whichever side you are not on.

Yes, being on both sides at once is exhausting ... all those costume changes!

I would think that the propaganda value of allowing ICRC war surgeons into Gaza would be far lower for Hamas than the value of not allowing them in.

The utter incompetence of Israel when it comes to Propaganda 101 goes a long way to refute many obnoxious stereotypes about Jews.
1.8.2009 6:29pm
Mike 'Ralph' Smith:
What a load of whining by Bernstein. The article quotes the IDF response! That's balance. Anyway, I'm sick of the all too common tactic of criticizing a piece because it does not contain every exact detail some hyper-partisan Israel supporter believes should be included. There's a million one-sided pro-Israeli pieces out there (Lord knows Bernstein does his best to up the numbers) and just because a news article does not contain every Israeli allegation or list every abuse by Palestinians since the Philistines hardly means the article is slanted.
1.8.2009 6:49pm
einhverfr (mail) (www):
Anderson:

The utter incompetence of Israel when it comes to Propaganda 101 goes a long way to refute many obnoxious stereotypes about Jews.


For that matter, Olmert makes Bush look competent in just about anything.

However, back to my original point. All we have on the PRCS allegations are allegations by the IDF. I would find them a lot more believable if the limitations were restricted to PRCS matters and if ICRC personnel were allowed into the field properly.
1.8.2009 6:52pm
LM (mail):
Stevie Miller:

14 killed in the past years.
Compared to thousands slaughtered by Israel.

Does "slaughtered" refer redundantly to the relative number of killings (i.e., it's rhetorical overkill) or does it refer to the relative quality of the killings? If the latter, please explain.
1.8.2009 6:58pm
Yankev (mail):

Christ is there for everyone. Jews, Muslims, and those currently ignorant of his love and teachings.
Stevie Miller, you are being satirical, right? If your sarcasm, distortions of history, ridicule and minimizing of Jewish deaths, ridicule of the Jewish religion, and false accusations of blood lust are your way of showing equal love to the Jews, it goes a long way toward explaining why the Jews of Europe barely survived two millennia of Christian love.
1.8.2009 7:25pm
trad and anon (mail):
Traditionally, acquisition by conquest was legitimate as long as it was the result of a just war.
Traditionally. acquisition by conquest was legitimate as long as you won.
1.8.2009 7:56pm
trad and anon (mail):
And it's hard to picture Israel allowing an armed Palestinian state with full control of its air space and borders.
Sure, but if you don't support that, you don't support a two-state solution. If you you have no military and your air space and borders are controlled by "another" state, you're not much of a state.
1.8.2009 8:08pm
martinned (mail) (www):
@trad and anon: OK, maybe legitimate was not the best choice of word. But it certainly wasn't in violation of international law.
1.8.2009 8:09pm
Egyption Engineer (www):
YOU DON;T KNOW WHAT REALLY HAPPENING THERE
SEE THIS SITES THEN YOU CAN TALK

http://english.aljazeera.net/

http://www.youtube.com/user/AlJazeeraEnglish
1.8.2009 8:14pm
jukeboxgrad (mail):
elliot:

I suspect the parents knew it ["it is impossible to have peace with a people that are determined to kill you and your children"] when they voted for Hamas


You're making a guess about what the voters were thinking of when they elected Hamas. At the time, Bush made a different guess:

it's a wake-up call to the leadership. Obviously, people were not happy with the status quo. The people are demanding honest government. The people want services. They want to be able to raise their children in an environment in which they can get a decent education and they can find health care.


Actually, it sounds like he was describing 11/4/08. Even though he spoke in 2006.
1.8.2009 8:37pm
jukeboxgrad (mail):
bernstein:

can you give me an example of Post reporters quoting the G.C. when talking about ANY of the many violations Hamas has engaged in, as opposed to allegations, yet to be investigated by the IDF, against Israel?


I think this is an example of what you're talking about:

Responding to Mashaal's statement, Shalit's father, Noam, called on Hamas to allow the Red Cross to visit his son. Under Geneva Conventions, the Red Cross is supposed to have access to prisoners of war.
1.8.2009 8:43pm
Elliot123 (mail):
"You're making a guess about what the voters were thinking of when they elected Hamas."

I don't know what they were thinking. I am presuming they were aware of Hamas' public advocacy of the destruction of Israel, and Israel's history of violent reaction to any such attempts.
1.8.2009 8:47pm
einhverfr (mail) (www):
Eliot123:

One of the big problems here is that although Hamas did win a majority vote, they then staged a violent rebellion against the PA in 2007. Hence the Hamas government in Gaza wasn't elected by the people in any reasonable sense.

BTW, I think one of the big issues with the Hamas electoral victory was the level of corruption in Fatah. Unfortunately, their violent takeover was further evidence that they are not immune from that corruption.
1.8.2009 8:51pm
einhverfr (mail) (www):
With all due respect, I think that Prof. Bernstein is engaged in a Hans Reiser defence here, by trying to knock every detail out by offering plausible explanations for each detail.

The problem is at the end, the patterns should convict the jury of voters. When the UN suspends aid shipments complaining of being targets of Israeli attacks, when the ICRC surgeons are blocked from Gaza, and so forth, the defence that Bernstein offers looks a lot less plausible. Instead it looks to any objective observer that this is part of a larger pattern where the medical system is under indirect but deliberate attack in violation of international humanitarian law.

But more to the point, I think that any reasonable observer will think twice about buying Israeli or Palestinian goods in a case like this. I can hope our European friends are willing to leverage their buying power to bring about positive change.
1.8.2009 9:01pm
DavidBernstein (mail):
I haven't offered a defense, because I don't know all the facts. What I know is that the ICRC has made a plausible allegation. An IDF spokesmen said that he doens't know what the ICRC is talking about, but if they file a formal complaint with the IDF, it will be investigated. I don't see how given newspaper deadlines and whatnot, the IDF spokesman could have said anything further. It's not like the entire IDF is going to stop fighting the war and investigate the ICRC complaint in detail that instant. And I know that Israel has reasons to be suspicious of the neutrality and peaceableness of Palestinians working for the Red Crescent.

As for the UN, given the UNRWA has been an implicit arm of the Palestinian national movement for decades, I don't give any credence to anything that emanates from the UNRWA without objective verification. As it happens, Israeli eyewitness sources say it was Hamas fire that killed the UN driver that led to the suspension of aid.
1.8.2009 9:29pm
Arturo66 (mail):
This whole issue really isn't all that complex. Arabs, Muslims, and Persians are backward peoples. Subhuman creatures really. That seems fairly obvious.
1.8.2009 9:33pm
DavidBernstein (mail):
As readers may be aware, the original reports that Israel fired on a UN school used as a shelter by refugees were later appended to "Israel fired on a UN school that local sources acknowledged was being used by Hamas to launch attacks on Israel, from which refugees mysteriously failed to flee when Hamas did so" which rather clearly changes the moral of the story. So I don't take initial reports at face value.
1.8.2009 9:35pm
Alexia:
According to a BBC article that I can't get to link properly,

....the Israeli authorities have the co-ordinates of our facilities and that all our movements are co-ordinated with the Israeli army.



If Israel was concerned about terrorists in ambulances, couldn't they at least be honest enough to just say that they would not promise not to attack said installations and vehicles?

If that were the case, we would certainly be seeing headlines about Israel refusing to allow humanitarian aid, but we are not.
1.8.2009 10:18pm
Alexia:

"Israel fired on a UN school that local sources acknowledged was being used by Hamas to launch attacks on Israel, from which refugees mysteriously failed to flee when Hamas did so"


I guess we interpret that revision a little differently.
1.8.2009 10:22pm
Alexia:

As it happens, Israeli eyewitness sources say it was Hamas fire that killed the UN driver that led to the suspension of aid.


Israel banned journalists, despite a ruling by their own Supreme Court.
1.8.2009 10:25pm
jukeboxgrad (mail):
anderson:

The device of putting words into the opponent's mouth is also not a mark of the highest intelligence.


This is such a dramatic example ("of putting words into the opponent's mouth") that I think it's worth a quick review.

You said this:

If anyone's seriously denying that the IDF has the right to stop and inspect all ambulances, that's one thing. But I don't see anyone making that argument.


bernstein replied as follows:

Anderson, your point that no one is arguing that Israel has to give unrestricted access to PRC ambulances would be a lot more credible if the ICRC's latest press release wasn't entitled, "Gaza: life-saving ambulances must be given unrestricted access to the wounded.


In other words, bernstein is taking the position that when ICRC says "ambulances must be given unrestricted access to the wounded," this means that ICRC is "denying that the IDF has the right to stop and inspect all ambulances."

Trouble is, ICRC is not "denying that the IDF has the right to stop and inspect all ambulances." ICRC is simply pointing out that a four-day delay in allowing rescue services is unacceptable. Then again, maybe the ambulances are very large, and it took four days to inspect them.
1.8.2009 10:44pm
PlugInMonster:
David Bernstein - no matter how many enemies here try to bring you down, remember we Jews have to stick together.
1.8.2009 11:01pm
Hoosier:
PlugInMonster:

I suspect that a majority of US Catholics are generally supportive of Israel as well.

But please do keep in mind that the reason Israel's attacks on ambulances is immoral and illegal is because it is Israel. So, really, you can't say Israel isn't Israel can you?

QED
1.8.2009 11:43pm
Hoosier:
David

I've been saying the same thing as you regarding the UN and the ICRC. The latter has to be taken seriously. The former has to be viewed as an anti-Israeli organization, and no one is bound to give credence to UNRWA statements.

I'm "critical but supportive" of Israel. But Camp David/Taba was a wake-up call for me. I no longer accept that there is a critical mass of Palestinians who are willing to accept something other than the eradication of Israel. The fact that so much of the elite media has a double standard on Israel//Palestine has become clear to me since 2000-2001. Such as the reporting of massacres that never happened. And the blatant failure to retract these stories.

I now find myself being much, much more skeptical about anti-Israeli coverage.
1.8.2009 11:52pm
Henry679 (mail):
Hey, I like this Vatican dude calling Gaza "a big concentration camp".

LINK
1.8.2009 11:55pm
DavidBernstein (mail):
Hoosier, I think some readers of this blog would be extremely surprised at how dovish and sympathetic to the Palestinians I was before 2000-01. Not that I was ever a leftist, mind you, but I was a lot closer to Meretz than to Likud.
1.9.2009 12:30am
einhverfr (mail) (www):

Israel banned journalists, despite a ruling by their own Supreme Court.


Nobody cares about the Israeli Supreme Court, which is a big part of the problem.
1.9.2009 12:53am
einhverfr (mail) (www):
Bernstein Wrote:

As readers may be aware, the original reports that Israel fired on a UN school used as a shelter by refugees were later appended to "Israel fired on a UN school that local sources acknowledged was being used by Hamas to launch attacks on Israel, from which refugees mysteriously failed to flee when Hamas did so" which rather clearly changes the moral of the story. So I don't take initial reports at face value.


Having read the reports I have found, it looks like Hamas was firing mortars from the vacinity of the school. There are some allegations of mortar fire from the school yard. I have not seen any allegations that the building itself was used based on eye witnesses. Perhaps you can send a link?

My general problem though is that you seem to be overly dismissive of the ICRC as a whole. Why not simply allow PRCS ambulances to operate by ICRC personnel with notice to the IDF if this was the problem? But the fact that international ICRC personnel are blocked from entering Gaza suggests to me that the IDF simply does not want ambulances on the ground. Hence I have to ask for third party investigations of the allegations against the PRCS.
1.9.2009 12:58am
soldier of fortune:
As I have argued on other VC threads, I think the Israeli offensive is pretty weak-kneed. Not only do they have the right to attack ambulances and schools, since they are frequently used by Hamas, they should destroy any facility that can possibly be used by Hamas. The IDF shouldn't warn Palestinians before they attack, that's stupid. IDF attacks should be unrelenting. From the lack of mention in the press, the Israeli Air Force is failing to use cluster weapons and fuel-air explosives during their attacks. The Palestinian death toll is extremely low; it should be much higher to impress upon them the consequences of their continued attacks upon Israel. For every Israeli death there should be 10,000 Palestinian deaths.
1.9.2009 1:02am
PlugInMonster:
Bernstein - I don't think any leftist here will buy the idea that you were ever a Meretznik. But keep trying to make nice with the Nazi left.
1.9.2009 1:24am
PlugInMonster:
soldier of fortune - that sounds good to me. I always knew that the only way Israel can ever win this war is to exact huge death toll on the Palestinians probably in the range of 50-100K.
1.9.2009 1:26am
cognitis:
Mr. Bernstein:

Allegations about possible criminal acts don't exonerate Israel from supporting Law's Rule; too, Red Cross has accused Israel of violating International Law, so your allegations of Red Crescent's past crimes don't even protect Israel as rhetoric. Using your reason, US would have a right to carpet bomb Mexico City, because Mexico doesn't let US Courts have Mexicans suspected in US of capital crimes. Don't excuse War Crimes by protecting Israel's unprovoked aggression against defenseless population.
1.9.2009 2:07am
trad and anon (mail):
Trouble is, ICRC is not "denying that the IDF has the right to stop and inspect all ambulances." ICRC is simply pointing out that a four-day delay in allowing rescue services is unacceptable. Then again, maybe the ambulances are very large, and it took four days to inspect them.
Well, if they make the medical workers wait in security lines while people in front of them were very slowly strip-searched, and then, when they reached the front, told them that they have to go away, put all the liquids in the ambulance into three-ounce bottles and wait in line again . . .
1.9.2009 3:38am
Assistant Village Idiot (mail) (www):
Anderson - you are very quick to the accusation that others are not intelligent. Most of us here are well-defended against condescension, I think. I will note only that in your insistence that ambulance inspection should be okay but not ambulance destruction, you have sidestepped arguments offered here.

Stevie Miller is advocating a made-up Christianity that has little to do with the real deal, by the way. This picture of Christ-as-early-verion-of-Gandhi has grow tiresome.
1.9.2009 8:41am
Yankev (mail):
Hawkins and Trade and anon-

Even before the Gaza campaifgn, foreign news sources like BBC, AP and NPR relied on Palestinian "stringers" who had the local connections to get them access. (Jews not only lacked these connections, but they risked being murdered for setting foot in the wrong place at the wrong time.) This has practice at time has led to embarrassment when it turned out the stringers were working for terrorist groups.


Reporters are banned from the current war zone because Israel will be blamed if they come to harm, no matter how stupidly they act, and because Israel has caught reporters giving out sensitive military information (troop strength, location and movement) to the enemy. Any country with an ounce of brains enforces similar bans in war zones during active military operations, if it has the power to.
1.9.2009 10:41am
Ryan Waxx (mail):
And thus does having an ounce of brains become denounced as a war crime.
1.9.2009 10:48am
Dan Hamilton:
I can't understand people supporting anyone;

1. Who teaches their young children that putting on a Bomb vest and blowing up Jews (or anyone else)is a good thing.

2. Who attack not the enemy's military, or government, etc but attack at random. Who when they can attack women and children.

3. Who say over and over again that they want to completely destroy Israel and push the Jews into the sea.

4. Who treat their women as chattle, kill their daughters for some warped concept of Honor and find more importance in killing Jews then providing for their families.

5. Who think that being Gay means a death sentence.

Please explain to me how people of the West can support the people that do these things.

They support people that continue to say that they want to destroy the West, kill all who refuse to become muslims, have used force to make people convert to Islam not centuries ago but in the last few years.

Why? I just don't understand. Supporting muslims who continue to say they want to destroy everything that the West stands for. And have proved that they mean it.

Hamas is a monster, seaking to kill anything that doesn't belive as it believes. How can people in the West support it?
1.9.2009 11:14am
Gary Baumgarten (mail) (www):
We'll be discussing the Israeli invasion of Gaza from perspectives on both sides of the divide Monday and Tuesday January 12 and 13 at 5 PM New York time on News Talk Online on Paltalk.com with Israel's Consul General in New York Asaf Shariv and Hussein Ibish, executive director of the Foundation for Arab-American Leadership and senior fellow at the American Task Force on Palestine.

Please go to www.garybaumgarten.com and click on the Join The Chat Room button to speak with Shariv on Monday and Ibish on Tuesday.

Thanks,

Gary
1.9.2009 5:53pm
einhverfr (mail) (www):
Dan Hamilton:

Please don't take my positions as supporting Hamas per se, but I think that you have to look at the larger situation here. I nice comparison might be the struggles for Irish independence in the early 20th century. Similarly we saw terrorism used and eventually the UK allowed an independant and armed Irish Republic to form on most of the land of that island.

Unlike what happened in Northern Ireland, the IRA quickly disbanded and a legitimate state was born. In Northern Ireland, after decades of additional struggle, the Good Friday agreements were signed, and the PIRA is still a force in politics and black markets in that area.

There are a number of important structural similarities between the Irish in Ireland in the Palestinians today. Both peoples have been horribly dominated and mistreated by foreign powers. Rabin, for example, when he was Defence Minister advocated bludgeoning the Palestinians into submission, breaking bones of protesters, and the like. Sharon appears to have provided some support for the massacres of Palestinians in Lebanon 1. Certainly you can understand the rage on the Palestinian street?

Surely you can also understand the rage on the Israeli Arab street when court rulings affirming their equal rights have been nearly universally ignored and when court rulings allowing some to return to their homes in border towns cleared for security reasons have also been unimplemented for decades? And when even the Or Commission recommendations that they found so inadequate to address their grievances have been set aside indefinitely? When the right-wing calls for their expulsion, like the Spaniards did to the Jews? Certainly comparisons to South Africa seem kind.

The end goal has to be changing hearts and minds on the Palestinian street. I acknowledge that military force may need to be a means used to that end. All other roads (beyond changing attitudes) IMO lead to either eternal war or genocide. This means true equal rights for Israeli Arabs and true self-determination for Palestinians must be the end goal, and every military exercise to be just must make us closer to that goal. If it does not then Israel should abstain from such conflicts until there is a plan in place to make such progress.

I have already said that I think a full re-occupation of Gaza followed by Israel rebuilding Palestinian police forces, and building new army forces, will probably be required. I am not fully a dove on these things.
1.9.2009 7:16pm

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