Terrorism under the guise of self-defence

Pubblico una lettera che ho inviato all'autore dell'articolo "Naked Aggression" presente nell'edizione on line del quotidiano 'The New York Sun'. L'identica lettera si può trovare anche nel Blog "Opinio Juris".

Distinguished Professor Kontorovich, I read your article and I have to tell you there are a lot of shortcomings. As you know, the Preamble of the UNSC 242 and other UN documents/international material, literally states "the inadmissibility of the acquisition of territory by war". It's a fundamental principle that rules the international order since the end of World War II and a peremptory norm of the customary international law, regardless of the kind of war (in self-defence or not). First of all, the International Community (except Israele and the United States, plus some ministate), the UN, the ICRC and the ICJ in the latest advisory opinion on the legality of the barrier/wall in the Occupied Territories, have reiterated several times that Israel has the status of occupiying power in the territories captured by Israel in the Six-Day War (such as the Sheba Farms). Accordingly, the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War is entirely applicable to such territories, and not only some vague "humanitarian provisions" that claim Israel. Furthermore, several customary norms of the First Protocol are also applicable (artt.48-52). I agree with you that the Security Council has certified the Israel's withdraw from Lebanon in 2000, that the Sheba Farms belong to Syria, and that the Hezbollah claim the area as part of the Lebanese territory and exploits this pretext to continue the cross-border warfare. But, is there a state of pace or a state of war between Israel and Lebanon? Do you really believe that Israel destroyed Lebanon in self-defence? Do you think more than one thousand casualties, mostly children, is self-defence? Israel employed cluster bombs (see HRW report) and withe phosphorus munitions in populated areas of Lebanon. I briefly quote the statement of Mr. Jan Egeland, Under-Secretary for Humanitarian Affairs, before the Security Coucil on the humanitarian situation in the Middle East: "When there are clearly more dead children than actual combatants, the conduct of hostilities must be reviewed... If there are many more dead children in a conflict than armed men, there is something fundamentally wrong, not only with how the armed men behave and where they hide, but also with the way the response is being conducted" (28 July 2006). I consider these Israeli actions "war crimes" and "terrorism", just as the indiscriminate firing rockets into civilian areas in Israel by Hezbollah. But the actions of the warring parties are extremely different, and so the consequences and responsibilities of each other. Do you agree with me?

Nazzareno Tomassini Fano (PU) ITALY

N.B. Please visit my Blog "Divide et Impera" http://divideandrule.blogspot.com