In an article entitled "Bush must go against Iraq
no matter what the UN does" (January 24, 2003), writer Charles
Krauthammer wrote, " the one advantage of resolution 1441 is that
it gave us a window of legitimacy during which to mobilize,
position equipment, send ships, line up bases, in short, create
the infrastructure for disarming Iraq." I agree with Krauthammer,
and add that when Ariel Sharon’s forces entered Gaza, January 27,
2003, killing Palestinian civilians and destroying property, the
same window of legitimacy was created for the disarmament, and
containment of Israel. The only questions left to be answered in
this respect, is why there is no one willing to take advantage of
the window, and what must be done to compel Israel to abide by
binding UN resolutions, and international laws and treaties
relevant to the occupation of Palestine. It is not morally nor
legally defensible that world powers continue to ignore the daily
killing of Palestinian civ! ilians by the Israeli military, and
all Palestinians are civilians, even those who commit crimes
against Israel. Israel is perhaps the world’s foremost arrogant
and flagrant violator of international law. We must admit this
fact, along with the fact that Ariel Sharon has not demonstrated
to the world that he is the type of man who can be trusted with a
nuclear arsenal. He has not demonstrated to the world that he is a
man who possess good judgement and who can restrain himself, and
can be trusted with weapons of mass destruction, and custodianship
over a "protected people" who stand in the way of his desire to
create by conquest, "Greater Israel."
As the Israeli people prepare to go to the polls, they
should keep in mind that indeed they are sending a message to the world.
Their vote will convey to the world whether or not they are a people who
want peace, or whether they are a people who have become wrongly convinced
that they will win their war against an unarmed people, following the
morally bankrupt policies of their current leader, Ariel Sharon. When
Sharon said there is no moral equivalence between the Palestinians and the
Israelis, he was correct. There is no moral equivalence between a people
who brazenly celebrate the killing and starvation of people, and the theft
and destrcution of their property, and others. The Palestinian people have
lived in horror for more than 50 years, while the world has turned a blind
eye to their suffering, fearing the wrath of world Zionists. Leaders of
the Muslim world who are hesitant to publicize their cooperation with the
United States in the disarm! ament of Iraq, might consider, rather than
negotiating for debt relief, bargaining for the lives of these people.
Demand that the United States put the Israeli government on notice, that
either it end its siege on the Palestinian people voluntary, or the
international community will take decisive action aimed towards ending the
conflict once and for all. If the UN Security Council refuses to act on
behalf of the Palestinian people, this according to the UN Charter
constitutes a failure, and the General Assembly, in such an instance might
be allowed to take up the issue. On this topic Justice Muhammad Ali Khan,
LL.M., former Vice Chairman of the UN Commission on Human Rights wrote in
a paper he authored, entitled " International Aspects of the Palestinian
Problem" the following: "The UN is charged with the responsibility of
maintenance of international peace and security. Yet, in respect to its
performance for settlement of the dispute about Palestine, it is evident!
that it has failed to discharge its duties to this end. Chapter 7 of the
UN Charter dealing with enforcement measures, Article 39, says: The
Security Council shall determine the existence of any threat to peace,
breach of the peace, or act of aggression and shall take recommendations,
or decide what measures shall be taken in accordance with Articles 41 and
42, to maintain or restore international peace and security.
Former Vice Chairman of the UN Human Rights Commission,
Ali Khan LL.M suggests in this same paper, that if the Security Council
refuses to act, or is prevented by the irresponsible use of any Security
Council member’s power to veto, that the UN Charter allows in such an
event, the transference of the primary duty of the Security Council to
maintain peace and security, to the General Assembly. Khan argues that the
General Assembly has a secondary duty, under the Charter to maintain peace
and security. Justice Ali Khan wrote: " The answer to this problem, seems
to be that we must solve the matter by invoking the powers of the General
Assembly under the Charter of the United Nations as it was done in the
case of Korea, by passing a "United for Peace" resolution.
There is a window of opportunity and legitimate action,
created by Ariel Sharon, allowing the international community to bring to
a halt, once and for all, the flagrant violations by the state of Israel
of UN resolutions. Israel is presently in violation of the Fourth Geneva
Convention Relative to the Protection of Civilian Persons in Time of War,
the Universal Declaration of Human Rights, the International Covenant on
Economic, Social and Cultural Rights, and the International Covenant on
Cultural and Political Rights. Israel is in material breech of the Hague
Convention IV of 1907, and the Vienna Declaration and Program of Action
adopted by the World Conference on Human Rights, June 1993. Israel is in
material breach of the Declaration of Principles on Interim Self
Government Arrangements by the Government of Israel and the PLO signed
September 13, 1993. If the Security Council, under these circumstances,
which includes Israel’s continued killing of Palest! inian civilians,
including women and children, illegal arrests and detentions and
disappearances of Palestinian men, along with the disproportionate use of
force against an unarmed people, the international community must come to
the aide of the Palestinian people, and end this conflict once and for all
time.
The writer is
the Founder and President of the National
Association of Muslim American Women. The author is also head of the
International Assoc. for Muslim Women and Children, an
accredited NGO with the UN Division on the Rights of
the Palestinians.