HAMAS, THE GAZA WAR AND ACCOUNTABILITY UNDER INTERNATIONAL LAW

[KrustyKidd]

unlike pencil pushing hand wringing led by the nose peace groups in a blame Israel mode this guy has seen it, experienced it, studied it and knows how the meida is bent over and used by the likes of Hamas. Colonel Richard Kemp CBE, served in the British Army from 1977 - 2006. He was Commander of British Forces in Afghanistan was an Infantry battalion Commanding Officer, worked for the Joint Intelligence Committee and COBRA and completed 14 operational tours of duty around the globe. He now runs a private security operation in London, advises on defence and security issues and works on behalf of soldiers and families of soldiers killed and wounded in action. He is author of a book on military operations in Afghanistan, Attack State Red, to be published in September by Penguin. Richard Kemp was attached to the Cabinet Office from 2001 - 2006, with a six month break in Afghanistan in 2003. At the Cabinet Office he worked for the Joint Intelligence Committee and the national crisis management group, COBRA, including during the period of the 2005 London bombings and a series of high profile kidnappings of British nationals in Iraq and Afghanistan. He was involved in devising and developing government strategies and policies on counter terrorism, including the CONTEST strategy; and in a number of international strategy groups with key allies, notably the US.

Richard Kemp was appointed Member of the Most Excellent Order of the British Empire (MBE), Military Division, in recognition of his intelligence work in Northern Ireland in 1992 - 1993 and was awarded the Queen's Commendation for Bravery as a commander in the United Nations Protection Force in Bosnia in 1994. He was appointed Commander of the Most Excellent Order of the British Empire (CBE), Military Division, in the New Year Honours 2006 for his service in relation to the London bomb attacks in 2005, and for his work for the British and US governments in Iraq the same year.

Richard Kemp runs a private security operation in London, writes national newspaper articles and is a frequent TV and radio commentator on defence and security. He acts as Special Adviser on Counter Terrorism to the House of Commons Home Affairs Select Committee, was a member of the Stevens Review of UK Border Security,[4] and has co-written a forward policy document on Afghanistan. He is the author of a book about military operations in Afghanistan, Attack State Red, to be published on 3rd September by Penguin Books.

Recently he gave this lecture;

HAMAS, THE GAZA WAR AND ACCOUNTABILITY UNDER INTERNATIONAL LAW

Do these Islamist fighting groups ignore the international laws of armed conflict? They do not. It would be a grave mistake to conclude that they do. Instead, they study it carefully and they understand it well.

They know that a British or Israeli commander and his men are bound by international law and the rules of engagement that flow from it. They then do their utmost to exploit what they view as one of their enemy's main weaknesses.

It is not simply that these insurgents do not adhere to the laws of war. It is that they employ a deliberate policy of operating consistently outside international law. Their entire operational doctrine is founded on this basis.

In Gaza, as in Basra, as in the towns and villages of southern Afghanistan, civilians and their property are routinely exploited by these groups, in deliberate and flagrant violation of any international laws or reasonable norms of civilised behaviour for both tactical and strategic gain.

Stripped of any moral considerations, this policy operates simply and effectively at both levels.

On the tactical level, protected buildings, mosques, schools and hospitals, are used as strongholds allowing the enemy the protection not only of stone walls but also of international law.

On the strategic level, any mistake, or in some cases legal and proportional response, by a Western army will be deliberately exploited and manipulated in order to produce international outcry and condemnation.

And in sophisticated groupings such as Hamas and Hizballah, the media will be exploited also as a critical implement of their military strategy.

In Gaza, according to residents there, Hamas fighters who previously wore black or khaki uniforms, discarded them when Operation Cast Lead began, to blend in with the crowds and use them as human shields.

Like Hamas in Gaza, the Taliban in southern Afghanistan are masters at shielding themselves behind the civilian population and then melting in among them for protection.

Hamas of course deployed suicide attackers in Gaza, including women and children.

Women and children are trained and equipped to fight, collect intelligence and ferry arms and ammunition between battles.

It is often overlooked in media and human rights groups' frenzies to expose fault among military forces fighting in the toughest conditions. The fourth is preventing or minimising casualties among your own soldiers. There will frequently be times when a military commander must make a snap judgement between the safety of his own troops and that of other people.

I have spoken of the considerable British and American efforts to operate within the laws of war and to reduce unnecessary civilian casualties. But what of the Israeli Defence Forces? The IDF face all the challenges that I have spoken about, and more. Not only was Hamas's military capability deliberately positioned behind the human shield of the civilian population and not only did Hamas employ the range of insurgent tactics I talked through earlier. They also ordered, forced when necessary, men, women and children , from their own population to stay put in places they knew were about to be attacked by the IDF. Fighting an enemy that is deliberately trying to sacrifice their own people. Deliberately trying to lure you in to killing their own innocent civilians.

And Hamas, like Hizballah, are also highly expert at driving the media agenda. They will always have people ready to give interviews condemning Israeli forces for war crimes. They are adept at staging and distorting incidents.

Their people often have no option than to go along with the charades in front of the world's media that Hamas so frequently demand, often on pain of death.

What is the other challenge faced by the IDF that we British do not have to face to the same extent?

It is the automatic, pavlovian presumption by many in the international media, and international human rights groups, that the IDF are in the wrong, that they are abusing human rights.

So what did the IDF do in Gaza to meet their obligation to operate within the laws of war? When possible the IDF gave at least four hours' notice to civilians to leave areas targeted for attack.

Attack helicopter pilots, tasked with destroying Hamas mobile weapons platforms, had total discretion to abort a strike if there was too great a risk of civilian casualties in the area. Many missions that could have taken out Hamas military capability were cancelled because of this.

During the conflict, the IDF allowed huge amounts of humanitarian aid into Gaza. This sort of task is regarded by military tacticians as risky and dangerous at the best of times. To mount such operations, to deliver aid virtually into your enemy's hands, is to the military tactician, normally quite unthinkable.

But the IDF took on those risks.

In the latter stages of Cast Lead the IDF unilaterally announced a daily three-hour cease fire. The IDF dropped over 900,000 leaflets warning the population of impending attacks to allow them to leave designated areas. A complete air squadron was dedicated to this task alone.

Leaflets also urged the people to phone in information to pinpoint Hamas fighters vital intelligence that could save innocent lives.

The IDF phoned over 30,000 Palestinian households in Gaza, urging them in Arabic to leave homes where Hamas might have stashed weapons or be preparing to fight. Similar messages were passed in Arabic on Israeli radio broadcasts warning the civilian population of forthcoming operations.

Despite Israel's extraordinary measures, of course innocent civilians were killed and wounded. That was due to the frictions of war that I have spoken about, and even more was an inevitable consequence of Hamas' way of fighting.

By taking these actions and many other significant measures during Operation Cast Lead the IDF did more to safeguard the rights of civilians in a combat zone than any other Army in the history of warfare.

But the IDF still did not win the war of opinions - especially in Europe. The lessons from this campaign apply to the British and American armies and to other Western forces as well as to the IDF.

We are in the era of information warfare. The kind of tactics used by Hamas and Hizballah and by the Taliban and Jaish al Mahdi work well for them. As they see it, they have no other choice. And they will continue to use it.

How do we counter it? We must not adopt the approach that because they flout the laws of war, we will do so too. Quite the reverse. We must be and remain - whiter than white.

Within the absolute requirements of operational security, and sometimes we may need to really push the boundaries of this out as far as we can, we must be as open and transparent as we can possibly be.

There are three lines of attack.

First, we must allow, encourage and facilitate the media to have every opportunity to report fairly and positively on us and on our activities. This requires positive and proactive, not defensive and reactive, engagement with the media. We should bring the media into our training, let them get to know our units before battle, bring them in whenever possible during combat.

Perhaps embed them into combat units as the British forces often do, sometimes for protracted periods, in Iraq and Afghanistan. Let them see our soldiers doing their job in as complete a way as we can.

There are risks in all this, big risks which are self evident and do not need to be spelt out. But we must be brave enough to take those risks.

The benefits are great. The insurgents - Hamas in particular - put a human face on war with spectacular success. We must do the same. We must let the field soldiers speak with sand on their boots and with a sweat and dirt-covered human face.

Second, we must show the media in a way they cannot misunderstand the abuses perpetrated by the enemy. Our own units must identify such enemy abuses, and make statements about them, backed up by the hardest available evidence.

Every front line unit must be trained and equipped to collect this information in the same way as they are trained and equipped to collect intelligence on enemy operations.

This is information war.

But this involves of course yet another major complication -because we must not confuse mistakes made as a genuine consequence of the chaos and fog of war with deliberate defiance of rules of engagement and the laws of war.

Mistakes are not war crimes. We must also know how to explain this.

[Tawasakm]

No replies and no interest.

Intriguing.

Edited July 29, 2009 by Tawasakm

[Bonam]

A good post Krusty. Not much to disagree with in Kemp's lecture.

[DogOnPorch]

A good post Krusty. Not much to disagree with in Kemp's lecture.

While I agree with everything Kemp says re: the situation...his words will be lost because he wears a uniform rather than a Che Guevara T-Shirt.

[Cato]

HAMAS, THE GAZA WAR AND ACCOUNTABILITY UNDER INTERNATIONAL LAW

Useless blathering, ignoring all underlying facts, among others

1. Hamas is a creature of Israel (but it got out of hand),

2. Hamas is the rightful representant of the Palestinians,

3. Hamas is fighting against the theft and robbery committed by Israel now decades long.

In other circumstances such organizations have been called "partisans", for example Yugoslav groups in WWII.

[DogOnPorch]

Useless blathering, ignoring all underlying facts, among others

1. Hamas is a creature of Israel (but it got out of hand),

2. Hamas is the rightful representant of the Palestinians,

3. Hamas is fighting against the theft and robbery committed by Israel now decades long.

In other circumstances such organizations have been called "partisans", for example Yugoslav groups in WWII.

1. Perhaps. Israel thought they'd found a group in Hamas that would turn over a new leaf and surplant the PLO.

2. How about the PLO/Fatah?

3. Actually, most of the Palestinians woes can be traced back to the decisions of the old Grand Mufti.

4. Partisans didn't blindly fire rockets into German civilian centres. They attacked the military.

[Cato]

1. Perhaps. Israel thought they'd found a group in Hamas that would turn over a new leaf and surplant the PLO

It seems Hamas was not suppose to supplant the PLO but to counterbalance it, "divide and conquer". Hamas came handy sometimes when Israel needed some pretextnot to fulfill her obligations from the Oslo agreement.

2. How about the PLO/Fatah?

Did not Fox News publish the result of the elections? Well, here it is: the PLO lost.

3. Actually, most of the Palestinians woes can be traced back to the decisions of the old Grand Mufti

and the decisions of the Grand Mufti can be traced back to the increased Jewish immigration to Palestine.

4. Partisans didn't blindly fire rockets into German civilian centres. They attacked the military.

1. They did not have any other option anyway.

2. "Warfare" had a different meaning that time; the technology changes.

[M.Dancer]

So Hamas got elected and the Palestinains now live with the consequences of electing a terrorist group. Lucky them.

The technology of warfare has changed, but the rules have not. Ask Milosevic....

[DogOnPorch]

It seems Hamas was not suppose to supplant the PLO but to counterbalance it, "divide and conquer". Hamas came handy sometimes when Israel needed some pretextnot to fulfill her obligations from the Oslo agreement.

And would have continued to be 'handy' had they not taken the terrorism route. Turned out Yassin...like many Arab 'leaders' was quite the anti-Semite.

Did not Fox News publish the result of the elections? Well, here it is: the PLO lost.

Hamas won the PLC...apparently...but lost other 'elections'. The Presidential for example. Either way, neither Hamas nor Fatah recognize each other's so-called authority and to underline it started fighting openly.

and the decisions of the Grand Mufti can be traced back to the increased Jewish immigration to Palestine.

The Mufti viewed himself as the keeper of Al Quds and a direct decendant of Mohammed. Appointed in 1919 (some sources incorrectly say 1921) by the British, he quickly set about on his own private version of Zionism in regards to his powerful family becoming official keepers of the furthest mosque. The Jewish settlers who had been arriving for years to boost the existing Jewish population soon became his thug's targets. Either way, the Mufti lost all credibility when he actively sided with the Nazis in WW2 and was an eager participant in The Holocaust...particularly in Eastern Europe. That the old f**k showed up in the ME after WW2 (escaped from the Yugoslavians) and then took a dump on the Partition of 1947...an effect we continue to enjoy to this day...was his last great FU to the civilized world.

1. They did not have any other option anyway.

2. "Warfare" had a different meaning that time; the technology changes.

1. Sure they had a choice. It was called peace.

2. Partisans attack the military. Typically, they seek the help of the local population.

[Bonam]

The Mufti viewed himself as the keeper of Al Quds and a direct decendant of Mohammed. Appointed in 1919 (some sources incorrectly say 1921) by the British, he quickly set about on his own private version of Zionism in regards to his powerful family becoming official keepers of the furthest mosque.

I wouldn't call the Mufti's actions a "version of Zionism". Zionism is the legitimate desire of the Jewish people for self-determination in their historic homeland. The Mufti's deeds were motivated by no more than a personal lust for power.

[DogOnPorch]

I wouldn't call the Mufti's actions a "version of Zionism". Zionism is the legitimate desire of the Jewish people for self-determination in their historic homeland. The Mufti's deeds were motivated by no more than a personal lust for power.

Indeed...his family is perhaps the most powerful in the area. Still is. They cross boundries. The British and French madates had already resulted in Jordan Syria and Lebanon for the Arabs. The remaining slice of the pie was now fought over by Jews, more or less promised the area for helping in WW1 (Balfour) and the Arabs who were promised the same and already delivered the above nations (Sykes-Picot). The Mufti had been encouraging Arab settlement of the area to match the rising Jewish population...sounds like a form of "Zionism" to me.

Lust and greed combined. Not to mention a full General in the SS.

[Oleg Bach]

Gangsters are gangsters when they are the minority. Once they take full power - suddenly they are establishement . What is interesting about this region..is the ancient Roman occupation...and later - the fact that the Judean King - and I mean the rightful heir to the throne - That Jesus fellow - Pilate knew he was the rightful king of the area..so did the guys that wanted him gone. The state removed the King of the Judeans (Jews)...and now the state - though not Rome still insists on controling the area - but the old curse still lingers..And the type of Jews that suck up to the secularist state...and betray the royal lineage...are still up to their nasty games at the expense of the common person in Palistine and Israel - seeing I had a few drinks..I wonder what would happen if I flew over there and said - "I am the king - and now I claim my throne" I suppose between the weapons dealers - and the Vatican _ I would be a dead man --- It is still about a real estate dispute - you do not kill the king in a game of chess.

[jbg]

1. Hamas is a creature of Israel (but it got out of hand),

2. Hamas is the rightful representant of the Palestinians

How could they be both?

[Cato]

1. Hamas is a creature of Israel (but it got out of hand),

2. Hamas is the rightful representant of the Palestinians

How could they be both?

I wonder which claims you are doubting - perhaps both?

Anyway, Hamas rose at the end of the 1980's with Israel's active support (the direct support consisted of cash, hundreds of schools, universities, mosques).

The parliamentary elections took place in January 2009; Hamas won more than half of the seats, almost twice as many as the Fatah.

[DogOnPorch]

How could they be both?

I wonder which claims you are doubting - perhaps both?

Anyway, Hamas rose at the end of the 1980's with Israel's active support (the direct support consisted of cash, hundreds of schools, universities, mosques).

The parliamentary elections took place in January 2009; Hamas won more than half of the seats, almost twice as many as the Fatah.

I hear Ahmedinnerjacket won by a landslide. Democracy in action. Fact is, your Hamas friends run the place pretty much like Nazis with a religious death mission. They shoot their own people, throw them from buildings and if you're good, they'll merely smash your leg with bullets or clubs. They give the fascist salute and teach animal cruelty to harden children towards violence. If they were elected, then those idiots that voted for them are just as guilty. No matter what Hamas was supposed to be when it started out...it has now become the next manifestation of the Mufti's thugs who arrived on the scene via the similar good intentions of the British 90 years ago.

[jbg]

How could they be both?

I wonder which claims you are doubting - perhaps both?

Yes. I doubt both. If they are the true representatives of the Palestinian people the people deserve whatever retaliation and hellfire damnation the Israelis bring on them. If they don't represent the Palestinian people those people deserve better.

The parliamentary elections took place in January 2009; Hamas won more than half of the seats, almost twice as many as the Fatah.

Those "elections" were more like armed combat with ballot boxes as props.

[Cato]

Fact is, your Hamas friends run the place pretty much like Nazis with a religious death mission. They shoot their own people, throw them from buildings and if you're good, they'll merely smash your leg with bullets or clubs. They give the fascist salute and teach animal cruelty to harden children towards violence

Much of this is rubbish, characteristic to those using it.

Anyway, it is their problem. Good for them.

your Hamas friends

This reflects more on you than you would like to publish.

If they are the true representatives of the Palestinian people

They are at least as much the "true representatives" of the people as the Bush administration was.

the people deserve whatever retaliation and hellfire damnation the Israelis bring on them

I guess that's how they are thinking of Israelis and Americans. Isn't this symmetricity funny?

Those "elections" were more like armed combat with ballot boxes as props

I wonder what the source is of your feeling of having to lie. Is it in your culture? Are you paid for it? Does it give you some satisfaction?

I don't believe that you don't know, that the elections were democratic and peaceful, according to Western observators.

[DogOnPorch]

So you deny that the fascist terror group, Hamas, shoots people, throws them from buildings and/or maims them. I can understand this since you are a Hamas apologist, willing to excuse their actions against fellow Arabs in order to take a swipe at the Jews. There's a word for this...

Hamas "won" by a combination of intimidation, indoctrination and the odd killing and maiming to underline their seriousness. Anyone might be tempted to vote for them knowing the results of being found to have supported Fatah...that is: death...broken bones...kidnapping....etc.

Suffice it to say this...for each terrorist supporter like yourself, expect an anti-terror supporter like me to hound your fascist azz.

[jbg]

So you deny that the fascist terror group, Hamas, shoots people, throws them from buildings and/or maims them. I can understand this since you are a Hamas apologist, willing to excuse their actions against fellow Arabs in order to take a swipe at the Jews. There's a word for this...

Lovely people.

Hamas "won" by a combination of intimidation, indoctrination and the odd killing and maiming to underline their seriousness. Anyone might be tempted to vote for them knowing the results of being found to have supported Fatah...that is: death...broken bones...kidnapping....etc.

Isn't that normal election tactics for the NDP?

[Cato]

Isn't that normal election tactics for the NDP?

This from a "radical leftist, Trockyist" (self-characterisation).

Anyway, if NDP means "New Democratic Party" (as this is a Canadian forum), then this is an unashamed slender. I guess this is the very first time that I am stating something positive about them, but non-democratic methods in the elections are not on their menu. (Elections within the party have nothing to do with democracy, but that is quite the norm in North America.)

There are some of them, for whom conducting a discussion with a 2x4 is natural, but that is limited to union meetings, strikes, picketing and alike.

Creative dealing with the truth seems to be deeply ingrained in your character.

[dub]

Much of this is rubbish, characteristic to those using it.

Anyway, it is their problem. Good for them.

This reflects more on you than you would like to publish.

They are at least as much the "true representatives" of the people as the Bush administration was.

I guess that's how they are thinking of Israelis and Americans. Isn't this symmetricity funny?

I wonder what the source is of your feeling of having to lie. Is it in your culture? Are you paid for it? Does it give you some satisfaction?

I don't believe that you don't know, that the elections were democratic and peaceful, according to Western observators.

hi Cato. i'm not sure what your feelings are towards repetitive and tireless forum posters who will lie, defame others and embarrass themselves for the sake of their unconditional commitment to the cause of a racist and criminal ideology; myself and a few others here, who are interested in honest debates, have put DogsOnPorch on ignore. we feel his ridiculous comments do not deserve an acknowledgment.

Edited August 2, 2009 by dub

[M.Dancer]

...... we feel his ridiculous comments do not deserve an acknowledgment.

So, when the voices in side your head make these pronoucements, like deciding who and what to accknowledge and the lefty goal of fight for truuth justice and the Dubbian way....when the voices make these declarations....are the sepated by octaves to give them an instrumental harmony or do they sound discordant? And when you are taking your meds, how do they sou d then?

[Cato]

we feel his ridiculous comments do not deserve an acknowledgment.

Thanks for the info, but

1. Some incorrect statements, myths and outright lies need to be corrected, if for nothing else then in order to register the recognition of their falseness,

This is particularly important, for many claims, pure lies of the Zionists and their supporters went uncontested and are now accepted by probably the majority of Canadians as true. Examples: the reasons for the failure of the Camp David summit; Ahmadinejad "threatened Israel with annihilation".

2. Even my worse opponents can and often do make statements, which I agree with or find they deserve serious response.

3. The person behind the posted opinions, claims, statements may be a nice individual in reality despite anything he/she posts.

[DogOnPorch]

Not to mention we're all here for a fight...lol.

(Heh...I love the collective 'we'...sort of like Queen Victoria...we are not amused.)

Edited August 2, 2009 by DogOnPorch

[jbg]

This from a "radical leftist, Trockyist" (self-characterisation).

I am, though sometimes I veer towards Kropotkin-style anarchism or Pol-Pot style collectivizism.

Anyway, if NDP means "New Democratic Party" (as this is a Canadian forum), then this is an unashamed slender.

I am not that slender; In fact I could stand to lose some weight.

I guess this is the very first time that I am stating something positive about them, but non-democratic methods in the elections are not on their menu. (Elections within the party have nothing to do with democracy, but that is quite the norm in North America.)

Maybe I was mixing them up with the LPC's bribing and virtual sale of their office.

There are some of them, for whom conducting a discussion with a 2x4 is natural, but that is limited to union meetings, strikes, picketing and alike.

2 x 4; you nailed that.

Creative dealing with the truth seems to be deeply ingrained in your character.

How do you know my character so well for a new poster unless you're a sock-puppet for "USHadItComing" or something like that.