Collective Punishment - Tumblr Posts

The Israeli army is just shooting anyone they think is Palestinian, much the same way that Israel is indiscriminately bombing all of Gaza, including the “safe zones” where they have directed noncombatant civilians to go right before they bomb them anyway. It’s war crimes, plain and simple.

Fuck this shit

This is unconscionable. (more)

[ISRAEL DETAINS CHILDREN PART II]

Israel claims that they are in compliance with international humanitarian laws and have a just legal system when what we are seeing is clearly otherwise. If Israel refuses to comply with international laws, why are they not complying with their own laws?

What happened : 

Israel detains a 7 year old boy during it’s military raids on the first day of Eid al-Adha on 16th June 2024 from his home at Ramallah, the West Bank.

What Israeli Law says : 

Children under the age of 12 is not criminally responsible

We wish to reiterate that Israel has no jurisdiction over the West Bank. This is per the UN Resolution 1947 and 1967 in which Israel’s Declaration of Establishment 1948 promised to be faithful to the UN. 

Israel must withdraw and not impose their laws on Al-Quds and the West Bank to be compliant with their own Declaration of Establishment 1948.

[NO CONSTITUTION = NO SEPARATION OF POWERS]

Not having a Constitution is especially detrimental for Israel as there is no clear separation of power on the three branches - legislative, executive and the judiciary. 

In countries with a Constitution, the Constitution gives power to the three branches - executive, legislative and judiciary. So, there is a clear separation of power where one branch cannot infringe the other

There is a lot of confusion in the real powers and limitations of each branch in Israel, with the judiciary having powers to review not only laws but also government proceedings in their Parliament (Knesset). 

Most countries have specific laws that disallows Courts from intervening the parliament as the parliament enacts and governs the passing and enforcement of laws. The duty of the Court is not to create new laws, but it is to interpret the laws.

It is an entirely different situation in Israel as there are infringements in between the branches. As a result of preferring not to have a Constitution and to continue in a state of lawlessness, this chaos and confusion ensues.

*Viewers can refer to previous postings on why Israel delays having a Constitution and the recent judicial crisis of 2023 where the Israeli government passed a law to limit the Court’s powers

[PREFERENCE TO CONFUSION]

Israel has to continue living in a state of “grey lines” by delaying to adopt a Constitution as Israel is forced to do these if they have a Constitution : 

Acknowledge borders that would be detrimental to settlement expansion

Human Rights for all including : right to property and movement for Palestinians

Citizenship Issues 

What Israel has : 

Israel only have “Basic Laws” enacted by the Knesset. It’s not a Constitution but these laws have constitutional status

What Can Israeli Courts do:

The Courts can review “Basic Laws”, overturning any law that is against the Basic Law. This includes reviewing government decisions such as military decisions. This is why the Knesset passed a law to limit the Court’s powers.

Other Countries:

The Constitution has supreme power. The power is delegated to other branches. In short, all power is sourced from the Constitution, and no branch can be “above” from the constitution

Israel:

Since there is no Constitution, it is unclear which branch has power to do something or how much power a branch has. 

The Knesset passes “Basic Law”, a series of law that has constitutional status, where the Courts can review any law that is against “Basic Law”. 

It is universal thought that the judiciary must not usurp the powers of the Executive or Legislative branch.

By not having a Constitution, Israel continues to trap itself in more chaos and uncertainty. *Refer to previous postings and the reasons above on why Israel is reluctant and continuously delays on having a Constitution

It seems Israel prefers to be in much confusion rather than returning Palestinians their rights

[PERPETUAL EMERGENCY]

Israel has forever been in a state of emergency, with the very first Proclamation of Emergency in 19th May 1948 never been revoked even after 76 years since Israel’s establishment

What happens when an emergency is declared?

When the government declares an emergency, the Legislative Branch would then lose their power to enact laws. 

Precedence would be given to the Executive Branch in enacting emergency laws as the country is in a “state of emergency”

What does this mean to Palestinians in the West Bank and Gaza?

This means that Israel can use Emergency Regulations, ie the Palestine Defence Emergency Regulations 1945 within Israel. This law has allowed detaining people without charge or trial, demolish homes, withhold corpses, expelling people and putting civilians in military courts.

Laws Imposed Outside of Israel

But the issue lies in why is Israel enforcing this law on Palestinians outside of Israel, ie the West Bank and Gaza. As stated in previous postings, Israel has no jurisdiction to impose their laws outside of Israel.

All arrests, orders and procedures made by Israel on the West Bank and Gaza are void and illegal from the start as Israel has no jurisdiction outside of their borders set by the United Nations Resolutions.

Israel must return all Palestinians, dead or alive from Israeli Prisons and Detention Centres. All orders including movement restriction orders, curfews, expulsion and home demolition are void and must be revoked.

Viewers can refer previous postings on jurisdiction on the matter

[ISRAEL HAS NO LEGAL BASIS TO WITHHOLD CORPSES]

Israel is more than determined to collectively punish Palestinians even on a law that no longer exists or a law that has no legal jurisdiction on them. On top of that, the law relied on is not even faithfully adhered to by Israel.

What does Israeli Law say?

Israel’s favourite oppressive law Regulation 133(3) of the Defense Emergency Regulations 1945 states that :

it only applies to a person that has been lawfully convicted of a serious crime that warrants execution

The person has been legally executed in prison and;

The person MUST be buried in their own community

If Israel actually respect their own law, they would give a fine reading of the said provision. Nowhere in this the Emergency Regulations give power to withhold any dead bodies especially on civilians. 

We will continue calling out Israel’s blatant misuse and abuse of the law in oppressing Palestinians.

KEEPING DEAD BODIES SINCE 1967

Israel has been keeping dead bodies of Palestinians  for more than 57 years dating back to 1967 . When it comes to Palestinians, Israel adopts a policy to oppress all equally. 

The dead, regardless of whether they had been charged or found guilty of any offence by Israel’s own Courts are not returned to their families. 

The dead are either kept in freezers or buried in military cemeteries. In a further cruel move to humiliate the Palestinian community, Israel does not even bother to mark the graves of the dead.

Families claiming dead bodies of their relatives have to do DNA tests to identify the deceased due to Israel’s deliberate negligence and lack of human compassion.

We remain steadfast to continuously call out Israel’s blatant disrespect to any laws including their own. A Policy of oppression will not be able to defeat the truth that is upheld by the law. What Israel has been doing since its foundation is using all means including distortion and misuse of the law to enable oppression.

This is unconscionable. (more)

This is unconscionable. (more)

This is unconscionable. (more)