Stephen Lendman | ZNet, August 30, 2008
The UN Convention against Torture defines the practice as:
“any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain and suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity….”
The US and Israel are the only two modern states that legally sanction torture. An earlier article covered America. This one deals with the Jewish state, but let there be no doubt:
Although its language in part is vague, contradictory and protects abusive practices, Section 277 of Israel’s 1977 Penal Law prohibits torture by providing criminal sanctions against its use. It specifically states in language similar to the UN Convention against Torture:
“A public servant who does one of the following is liable to imprisonment for three years: (1) uses or directs the use of force or violence against a person for the purpose of extorting from him or from anyone in whom he is interested a confession of an offense or information relating to an offense; (2) threatens any person, or directs any person to be threatened, with injury to his person or property or to the person or property of anyone in whom he is interested for the purpose of extorting from him a confession of an offense or any information relating to an offense.” However, Israel clearly discriminates against Palestinians, (including Israeli Arab citizens), denies them rights afforded only to Jews, and gets legal cover for it by its courts. More on that below.
Nonetheless, the Jewish state is a signatory to the 1984 UN Convention against Torture and other international laws banning the practice. It’s thus accountable for any violations under them to all its citizens and persons it controls in the Occupied Territories.
US statutes leave no ambiguity on torture. Neither do international laws like The (1949) Third Geneva Convention’s Article 13 (on the Treatment of Prisoners of War). It states:
They “must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited….(these persons) must at all times be protected, particularly against acts of violence or intimidation….”
Third Geneva’s Article 17 states:
“No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war” for any reasons whatsoever.
Third Geneva’s Article 87 states:
“Collective punishment for individual acts, corporal punishments, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden.
The (1949) Fourth Geneva Convention’s Article 27 (on the treatment of Civilian Persons in Time of War) states:
Protected persons “shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof….”
Fourth Geneva’s Articles 31 and 32 state:
“No physical or moral coercion shall be exercised against protected persons.”
“This prohibition applies to….torture (and) to any other measures of brutality whether applied by civilian or military agents.”
Fourth Geneva’s Article 147 calls “willful killing, torture or inhuman treatment….grave breaches” under the Convention and are considered “war crimes.”
All four Geneva Conventions have a Common Article Three requiring all non-combatants, including “members of armed forces who laid down their arms,” to be treated humanely at all times.
The (1966) International Covenant on Civil and Political Rights Article 7 states:
“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
Its Article 10 states:
” All persons deprived of their liberty shall be treated with humanity….”
The (1984) UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is explicit in all its provisions. It prohibits torture and degrading treatment of all kinds against anyone for any purpose without exception.
Various other international laws affirm the same thing, including the UN Charter with respect to human rights, 1945 Nuremberg Charter on crimes of war and against humanity, the (1948) Universal Declaration of Human Rights, the (1988) UN Body of Principles for the Protection of All Persons under Any form of Detention or Imprisonment, the UN (1955) Standard Minimum Rules for the Treatment of Prisoners, and (1990) UN Convention on the Rights of the Child. So does Article 5 of the International Criminal Court’s (ICC) Rome Statute with regard to crimes of war and against humanity. Torture is such a crime – the gravest of all after genocide.



The Hamas rulers of Gaza Strip on Tuesday lashed out at gunners who fire rockets at Israel from the Palestinian territory in violation of a seven-week-old calm, calling them Israeli collaborators. “About the rocket-firing, I think those who are responsible are those who collaborate with Israel because there is a consensus by all Palestinian groups to respect the truce,” said Dr. Mahmud Zahar, a senior leader of the Hamas movement.


The crisis of Zionism and a perspective for Palestinian approach
August 30, 2008Campo Antiimperialista, August 29, 2008
by Yoav Bar *
This paper is written as a contribution to the discussion in the Anti Imperialist Camp about perspectives for work within the imperialist countries. The situation in Palestine is very different from that of Europe or the US. Since the beginning of the Zionist colonization of Palestine, some 130 years ago, Jews in Palestine were a small enclave of settler population in the midst of the Arab homeland. Colonialism is not external expansionism of some imaginary “western-capitalist Israel”, but the essence of Israel’s existence. Palestine is an occupied colonized country, where the real center of political life is the struggle against the occupation. Any progressive struggle within the Jewish community in Palestine should be part of the perspective of Palestinian liberation.
From many aspects, the democratic struggle in Israel, as a remote outpost of imperialism, may differ from the general perspective for revolutionary struggle in the imperialist centers. Anyway, I tried to keep my analysis strictly committed to the facts on the Palestinian ground, and let the audience treat it critically to decide what lessons may be drawn for other fronts.
Part 1: How the Zionist system works
Zionism and Imperialism
A lot was written about the evils of Zionism as a colonialist movement and Israel as a racist regime, but the role of Zionism in the Imperialist Hegemony over the Arab East is much less known and understood. Still the main role of Zionism is not the exploitation of the Palestinian people, of which they prefer to get rid by continuing ethnic cleansing, neither the building of a Jewish society in Palestine (and the subsequent exploitation of the Jewish working class). The main role of Israel is as an advanced military outpost in the middle of the Arab East to prevent Arab independence, Arab unity and the building of a national economy and democratic society.
The military character of the Israeli project is enshrined in many strategic agreements between Israel and the imperialist powers, guaranteeing the “strategic superiority” of Israel in the region.
The current imperialist hysteria against Iran’s nuclear program has only one meaning – imperialist determination to keep Israel as the only power with nuclear weapon in the area, so as to enable it to use it on need. In many recent writings by Zionist leaders they tell openly how close they were to using nuclear weapons in some of their past conflicts…
For their role in keeping imperialist hegemony over this strategically important region, the Zionist military-capitalist elites receive a wide range of economic and political privileges, which are a small fraction of the imperialists’ profits from the subjection of the Arab nation and the robbery of its natural and human resources.
Colonialism and Class
In order to be able to expel and oppress the Palestinian people, and in order to be able to militarily terrorize the whole region, the Zionists need the best of all imperialist weaponry, but they also need soldiers to fight their wars. The state of Israel uses those Jewish masses it succeeded to tempt to come to Palestine as its base of support and as the foot soldiers for its colonization, oppression and aggressive wars. It needs this immigrant community to be satisfied, to prevent it from re-immigrating to safer places, and to keep its loyalty as a fighting force.
Fear is one major force behind the intense control of Zionism over the Jews in Palestine. In this sense, Zionism is the main beneficiary of anti-Semitism and it shares its conviction that Jews can’t assimilate in the societies where they live. It also benefits, to some degree, from terrifying Jews in Palestine from the possible consequences in case Israel will loose it military dominance.
In order to provide replacement to the expelled Palestinians, the Zionist movement is bringing in Jews from all over the world. At a process of internal colonization, Jews from Arab and other third world countries are deprived of their culture and social structure, which are declared by the state as “inferior”, and their society is crashed to provide defenseless “human raw material” for the Zionist manipulation and exploitation.
But the main mean used by Israel to keep the loyalty of the Jewish masses is to make their daily way of living depend of a complex system of privileges as against the native Palestinians. This system of privileges includes every aspect of daily lives in Israel: Health and Education, Housing, Welfare, Acceptance and promotion at work, just everything. Much effort is done to involve as many Jews (from all classes) as possible in actively expropriating Arab land, in the ’48 occupied territories as well as in the West Bank and the Syrian Golan heights.
This system allows only one way for effective struggle for sections of the Jewish masses that aspire to improve their daily lives: To struggle to enhance their privileges and distance themselves from the much more oppressed and exploited Arab masses. It is not a coincidence that the most successful struggle of Oriental Jews in the last years was a campaign for more equal distribution of expropriated Arab land, waged under the slogan “this land is also mine”.
Continued . . .
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