Tuesday, September 20, 2011

International community legitimizes Palestinian terror if it recognizes a Palestinian state

Itamar Marcus and Nan Jacques Zilberdik

The Palestinian Authority Minister of Prisoners' Affairs says that the PA will interpret international recognition of a Palestinian state as international legitimization of Palestinian prisoners' acts of violence for which they are imprisoned.


Minister Issa Karake:

"The recognition of the state means recognition of the legitimacy of the Palestinian struggle that the Palestinian nation fought, in the search for freedom and independence. In addition, it [recognition of a state] indicates that the struggles of the prisoners are legitimized and legal according to UN Resolutions..."



The PA has claimed for many years that all its terror, including murder of civilians by suicide bombings, is justified by UN resolution 3236 which "recognizes the right of the Palestinian people to regain its rights by all means in accordance with the purposes and principles of the Charter of the United Nations." According to this PA justification of terror, all Palestinian prisoners responsible for killing Israeli civilians are turned into role models by the PA. This PA ideology makes heroes out of terrorists like Ahlam Tamimi, serving 16 life sentences for assisting a suicide bomber who killed 7 children and 8 adults; Anas Jaradat, who headed the Islamic Jihad in Jenin and was responsible for 3 car bombings in Israel, causing the death of dozens; and Salim Hajja, serving 16 life sentences for involvement in three suicide bombings, killing more than 51 and wounding hundreds. Palestinian Media Watch has documented that these terrorists were honored by the PA in the last month (see also PMW report From Terrorist to Role Model).



Now, PA Minister Karake says that international recognition of a Palestinian state will be interpreted by the PA as international support for the PA position that killing Israelis is a Palestinian right.



The following is the statement by Issa Karake, PA Minister of Prisoners' Affairs:



"[PA Minister of Prisoners' Affairs, Issa] Karake while visiting prisoners' families at Qalandiya refugee camp... explained that the international recognition of the Palestinian State changes all the imprisoned Palestinians into prisoners of a state, prisoners of war held hostage in another state... He noted that the recognition of the state means recognition of the legitimacy of the Palestinian struggle that the Palestinian nation fought, in the search for freedom and independence. In addition, it [recognition of a state] indicates that the struggles (Arabic- Nidalat) of the prisoners are legitimized and legal according to UN Resolutions, international laws and the third and fourth Geneva Conventions."

[Al-Hayat Al-Jadida, Sept. 8, 2011]



The Palestinian Authority uses the word nidal - literally 'struggle' - as a general term that includes all acts against Israel - including violence against civilians.



PA leaders and officials have legitimized Palestinian violence by quoting UN resolution 3236 which "recognizes the right of the Palestinian people to regain its rights by all means." The PA interprets "all means" as including violence against civilians, but has chosen to ignore the continuation of the resolution which states that the use of "all means" should be "in accordance with the purposes and principles of the Charter of the United Nations..." The UN Charter prohibits targeting civilians, even in war. Chapter 1, Article 1, opens by saying that the "international disputes" should be resolved "by peaceful means." The following are some examples:



"Abbas Zaki, member of the Fatah Central Committee, does not believe that a Palestinian-Israeli agreement will be achieved in the shadow of the extreme right-wing [Israeli] government, but he leaves the door open to a 'return to [UN] Resolution 181 and to all forms of the struggle, including the armed struggle, if the negotiations fail... In addition, [there will be] a return to UN Resolution 3236, which grants the Palestinian people the right to all forms of the struggle, including the armed struggle...' He called for 'a gathering that will bring together the Fatah and Hamas leadership, under Mahmoud Abbas' ... and added: 'We are in favor of anyone who defends the homeland and bears arms in order to defend it, because he supports the idea of Fatah and of the resistance."

[Al-Ghad (Jordan), May 22, 2010]



PA Representative in Lebanon Abbas Zaki:

"We have [U.N.] General Assembly Resolution 3236, [which permits us] to use all means of struggle, including armed struggle."

[PA TV, July 18, 2009]



Muhammad Dahlan, now a Fatah MP, also claimed that the use of violence is supported by the international community and the only restriction PA leaders put on it is that it must be timed properly for positive political impact:

PA TV host: "[Does] the [violent] resistance and struggle continue?"

Dahlan: "This is our right, a legal right. The international community affirms it for us. But it is the responsibility of the leadership to use it when it wants, in the proper place and at the proper time. We cannot leave it in the hands of youth who use their own judgment. This is the difference between [PA] using this right and just anyone using it."

[PA TV (Fatah), July 22, 2009]



UN Resolution 3236:

United Nations General Assembly Resolution 3236, adopted by the 29th Session Nov. 22, 1974

Question of Palestine

The General Assembly, Guided by the purposes and principles of the Charter,

Recalling its relevant resolutions which affirm the right of the Palestinian people to self-determination,

Reaffirms the inalienable rights of the Palestinian people in Palestine, including:

(a) The right to self-determination without external interference;

(b) The right to national independence and sovereignty;

Reaffirms also the inalienable right of the Palestinians to return to their homes and property from which they have been displaced and uprooted, and calls for their return;

Emphasizes that full respect for and the realization of these inalienable rights of the Palestinian people are indispensable for the solution of the question of Palestine;

Recognizes that the Palestinian people is a principal party in the establishment of a just and lasting peace in the Middle East;

Further recognizes the right of the Palestinian people to regain its rights by all means in accordance with the purposes and principles of the Charter of the United Nations... (i.e., which prohibits targeting civilians even in war.)"



UN Charter, Chapter 1, Article 1:

"The Purposes of the United Nations are [1] 1. To maintain international peace and security, to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace."

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