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Friday, November 23, 2012

War-on-terror impunity reflected in Alexandrowicz’s “The Law in these Parts”

Israeli warplane

Ironfisted breach of law abrogates justice under law: Israel’s conquest of Palestine is U.S. Global War on Terror
Edited by Carolyn Bennett

Geneva Conventions
Told in five chapters roughly corresponding to a few foundational legal opinions, “The Law in these Parts” is a documentary by Israeli director Ra’anan Alexandrowicz dealing with 45 years of the Israeli military legal system in the Occupied Territories on the West Bank and in the Gaza Strip. This is an edited excerpt from a review by Kevin Kearney which was published by the International Committee of the Fourth International at the World Socialist Web Site.
Israeli wall

T
errorists and Criminals (Chapter 2 of “The Law in these Parts”)



Before introducing the 1969 case of the Israel Defense Forces (IDF) v Omar Mohammad Al-Qassem and eight others in Ramallah (all Fatah members), Alexandrowicz explains ─

Today the distinction between soldier and terrorist is deeply rooted in our legal and political discourse.

But at the end of the 1960s it was necessary to cement this distinction in the law. 

Defendant Qassem tells the court he is certain this is his land but he left when the occupation began and returned with other fighters to liberate Palestine.

“Although the evidence showed that Qassem had only engaged soldiers in battle—and he asserts he was merely a soldier fighting soldiers—the court found that Qassem and his organization were terrorists with no legal protections under the international laws of war ─ specifically the Geneva Convention.”
International Criminal Court
The Hague

When inordinate power – to make and break, interpret, execute and enforce law − vests in those who routinely, cavalierly breach law  

“In his ruling Judge Abulafia concedes the Geneva Convention grants special status to lawful combatants and that even includes members of liberation organizations, but [the judge] holds that this status must first be earned by following the rules of war in battle.

“Abulafia finds that the entire Palestinian liberation movement does not follow the rules of war, citing civilian victims unrelated to the particular facts of Qassem’s case and declares [Qassem] the member of a terrorist organization, specifying that Palestinian liberation fighters like Qassem will never have any rights under international law.”

G
United States attacks Iraq
lobal war on terror TERROR

“Here we encounter, Kevin Kearney writes, “the Global War on Terror’s pretense of legality in microcosm, growing organically out of the Israeli conquest of Palestine.

“This poisonous piece of legal fruit,” Kearney continues, “has been dusted off, revised and updated by the U.S. government, which arrogates to itself

the authority to strip all rights of anyone it brands a terrorist
U.S. drone
War on Terror terror 
to subject them to indefinite detention and
even summary execution without trial

Kearney concludes in praise of the filmmaker. “The Law in These Parts” is a great success primarily because Alexandrowicz is a principled artist who is “earnest in his desire to make sense of his subject matter… seeking to understand a tragic reality and to prevent its recreation on a global scale.”


Sources and notes

Israeli warplane
“The Law in These Parts: Israeli military justice in the Occupied Territories” (Kevin Kearney, published by the International Committee of the Fourth International (ICFI), wsws.org, November 21, 2012, http://www.wsws.org/articles/2012/nov2012/lawi-n21.shtml

From Israeli director Ra’anan Alexandrowicz, “The Law in These Parts,” has opened in New York City.

The Law in These Parts a film by Ra'anan Alexandrowicz
Film Forum Screenings New York City
209 West Houston Street, New York, NY 10014, between 6th Avenue and Varick (7th Avenue) to the venue's website

November 23, 2012, at 13:15, 15:15, 18:00, 20:00, 22:00
November 24, 2012, at 13:15, 15:15, 18:00, 20:00, 22:00
November 25, 2012, at 13:15, 15:15, 18:00, 20:00, 22:00
November 26, 2012, at 13:15, 15:15, 18:00, 20:00, 22:00
November 27, 2012, at 13:15, 15:15, 18:00, 20:00, 22:00
http://www.thelawfilm.com/eng#!/screenings
http://www.thelawfilm.com/eng#!/the-film


Britannica notes

FATAH

Fatah is a political and military organization of Arab Palestinians, founded in the late 1950s by Yāsir ʿArafāt and Khalīl al-Wazīr (Abū Jihād) with the aim of wresting Palestine from Israeli control by waging low-intensity guerrilla warfare.

Fatah (also spelled Fatḥ (Arabic: “Conquest” or “Opening”), inverted acronym of Ḥarakat al-Taḥrīr al-Waṭanī al-Filasṭīnī (“Palestine National Liberation Movement”)

Fatah timeline

1960s

Fatah obtains Syrian support and establishes base in Damascus.

Fatah develops commando-type organizational structure.
Carries out its first military operation (1964), blowing up an Israeli water-pump installation.

Headquartered in Jordan (1968), emerges as major Palestinian force and becomes (in March) primary target of Israeli attack on the Jordanian village of Karameh (150 guerrillas, 29 Israelis die) [Six-Day War had occurred in 1967]

Fatah becomes the largest, best-funded of all Palestinian organizations; takes over effective control of the Palestine Liberation Organization (PLO).

1970s

Jordan’s army, after that country’s civil war (September 1970), forces the PLO and Fatah fighters out of Jordan and into Lebanon

Jordanian authorities (July 1971) kill a respected Fatah leader, Abū ʿAlī ʿIyād.

Militant corps of Fatah, Black September (Aylūl Aswad), emerges (proclaimed in November 1971, notorious in September 1972).

1980s

Fatah is headquartered in southern Lebanon when Israel invades (1982) presenting further crisis.

Tunisia becomes Fatah’s next base of operations.

Rival battling factions develop within Fatah (1983), divisive leadership struggle develops.

1990s

Arafāt reclaims his leadership of Fatah, the largest constituent member of the PLO

Israel and Fatah-led PLO (1993) sign peace agreement (the Oslo Accords) opposed by Rival Islamic group, Hamas.

Palestinian Authority (PA) forms (1994) to govern emerging Palestinian autonomous regions; Gaza city becomes Fatah headquarters.

Elections are held in PA-administered areas (1996)
Arafat wins the presidency
Fatah captures a majority of seats within the Palestinian Legislative Council (PLC); Hamas does not participate in the elections.

2000s

One of Fatah’s original members, Mahmoud Abbas, is elected PA president (2005). Yasir Arafat had died November 11, 2004 [the cause of his death was being questioned in 2012]

Elections are held (2006) for the PLC; Hamas wins majority of seats.


YASIR ARAFAT

Yasir Arafat: president (1996–2004) of the Palestinian Authority (PA), chairman (1969–2004) of the Palestine Liberation Organization (PLO), and leader of Fatah, the largest of the constituent PLO groups.

Arafat led the PLO to a peace agreement with the Israeli government in 1993; and in 1994 received jointly with Israel’s Yitzhak Rabin and Shimon Peres the Nobel Prize for Peace.



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