..The continuing reality will be that the Palestinians remain the segregated military prisoners of a now-militarized state of Israel, which has no basis in international law to hold them prisoners.
The latter are the technically free residents of a territory under a four-decade-long military occupation. This followed the 1967 war, which began as a preemptive Israeli attack upon Egypt and Syria, responding to Egyptian threats to Israels use of international waterways and its blockade of Israeli ports.
Israels brilliant success in the war left it in occupation of the West Bank Palestinian Territories and East Jerusalem. As David Ben- Gurion said at the time, these were kept as hostages, or bargaining counters — but to bargain for what? That has been the problem ever since…
This has won Israel nothing but hatred. What actually is happening is that the Palestinian occupation is driving numbers of Israelis and their supporters towards moral and political suicide, so that one may ask if in a hundred years, or a thousand years, there will any longer be an Israel where Jewish worshippers will recall the psalm, God is a Righteous Judge, strong and patient; and God is provoked every day.
The International Commission of Jurists (ICJ) in its intervention of 12 January 2009 condemned Israel’s military attacks in Gaza that have been indiscriminate or disproportionate and called for an immediate end to the Israeli military operations that came in response to indiscriminate Hamas’s rocket attacks on civilian targets in southern Israel. It also called on Hamas to unconditionally stop these attacks that violate the principle of distinction. While supporting an immediate, durable and fully respected cease-fire, the ICJ urged the Council to establish a Commission of Inquiry to conduct a fact-finding investigation on violations of international human rights and international humanitarian law by all parties.
Israel – 9th Special Session of the UN Human Rights Council: ICJ Intervention on Serious Violations of Human Rights Law and Grave Breaches of International Humanitarian Law during the Israeli Military Operations in Gaza (ICJ.org)