by
Arjan El Fassed
Every state is composed of human
beings, the vast majority of whom accept and act upon a set of moral
principles, aspects of a general code of distinguishing right and
wrong. All human action may be judged, with varying accuracy and
relevance, in moral terms. The moral issue becomes pertinent when
commands of the state to the individual represent a direct
contradiction of what that individual has been taught to regard as
right and good. The classic instance is the taking of human life.
Following a provocative visit by
Israeli war criminal Ariel Sharon to the holy site of Al-Haram al-Sharif
in occupied Jerusalem and Israel's excessive and disproportionate
violent agression against the Palestinian people, killing 319
Palestinians and wounding more some 10,000, once again we
arereminded that peace does not come without justice. Once again we
are reminded that no peace will be just and durable when it is not
based on a foundation of universal human rights and international
law, that is built on morality and ethical conduct.
No moral code makes a senseless
death morally justifiable, and sanity argues that the continued
existence of humankind is a desirable goal. The force of
international morality is given form by means of an international
consensus. Whether expressed formally in the resolutions of the
United Nations or informally by a rather amorphous "world
public opinion" shaped and directed by global broadcast media,
collective moral judgment is now a factor that policymakers cannot
avoid taking into account. The global concern over human rights is a
prime example.
However, the basic rights of
Palestinians are still denied. The world agreed that Palestinians
are human beings with the right to life, liberty and security of
person. The world believed that the process of liberation is
irresistible and irreversible and that, in order to avoid serious
crises, an end must be put to colonialism and all practices of
segregation and discrimination associated therewith. The subjection
of the Palestinians to Israeli subjugation, domination and
exploitation constitutes a denial of fundamental human rights, is
contrary to the Charter of the United Nations and is an impediment
to the promotion of world peace and co-operation.
Likewise, the world, formally
recognised the right of Palestinian refugees to return to their
homes, their right to their property and to the income derived from
their property. The world, through the United Nation, recognised
that the continued displacement and dispossession of Palestinian
refugees has arisen from the denial of their inalienable rights
under the Charter of the United Nations and the Universal
Declaration of Human Rights and declared that full respect for the
inalienable rights of the people of Palestine is an indispensable
element in the establishment of a just and lasting peace in the
Middle East.
The distinguished American
prosecutor at Nuremberg, Robert H. Jackson, formerly a US Supreme
Court Justice, made this famous assertion in his opening statement:
"And let me make clear that if this law is first applied
against German aggressors, the law includes, and if it is to serve a
useful purpose it must condemn aggression by other nations,
including those which sit here now in judgment." This crucial
promise to the future has not been kept.
There have been no serious effort
to apply these legal standards, despite the numerous occasions on
which universal human principles have been flagrantly violated by
Israel. The international community has failed to carry out their
moral responsibity. The terrible events that take place in
Palestine, involving the loss of lives of hundreds of Palestinian
men, women and children, raise important issues concerning the legal
responsibility of the political and military leaders of Israel.
The world cannot overlook the
extent to which Israeli participation in prior massacres directed
against the Palestinian people creates a most disturbing pattern of
a political struggle carried on by means of mass terror directed at
civilians, including women, children and the aged. Many
well-documented occurences of Israeli terror over the years have
taken place.
Israel is clearly responsible for
grave violations of international law, and the political and
military leaders involved in the undertaking are individually liable
for their roles in aiding and abetting the perpetration of
massacres, as well as for their failure to apprehend, or even to
accuse or lay complaint against, those principally responsible for
directing the massacre and those who committed these atrocities.
Human rights are universal,
indivisible, interdependent and interrelated. This approach, adopted
by the international community at the World Conference on Human
Rights, applies also to peace. Strict adherence, de facto and de
jure, to international human rights law and international
humanitarian law is the prerequisite for creating trust and
strengthening security in the wider sense. The Israeli occupation of
Palestine is the root cause of human rights violations in the area.
However, until such time as
authoritative institutions enforce these rights and the world
recognises that its morality will be judged on its fulfillment of
its legal and moral obligations, morality will continue to be a
limitation on state action, difficult to define but impossible to
ignore.
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