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Session Details
Guest Name Joe  Stork — Deputy Director, HRW Middle East and North Africa Division
Subject Gaza: Humanitarian Obligation of Whom?
Date Wednesday,Jan 7 ,2009
Time Makkah
From
... 19:00...To... 20:00
GMT
From
... 16:00...To...17:00
 
Name
Editor — Abdelrahman Rashdan    - 
Profession
Question Dear visitors,

The session has just started. Please, send your questions.

After the session ends, you can view the whole dialogue through the Recent Sessions, or the archive.

Best,
Politics in Depth Team
Answer .
 
Name
Stu    - United States
Profession student
Question One of the reasons why Hamas was against to renew the truce between Israel and Gaza was the Isreali block aid. What about Egypt. Well should not Egypt which is a neighbor to Gaza should hold more responsibility for aid to the people in Gaza rather than Isreal? As after all Egypt also sealed off their border to Gaza.

Answer Israel controls all of Gaza's borders with exception of 15 km or so with Egypt. Israel (along with US, PA, other actors) has put pressure on Egypt to also keep it's border largely shut. Egypt shares the responsibility for the humanitarian crisis to this extent, but Israel bears primary responsibility.
 
Name
Amigo Mando    - 
Profession Internet Entrepreneur
Question Hello,
Shall we blame the neighboring countries only for not being up to take their responsibilities concerning the massacre in Gaza?

Noticing that the UN, for example, with all its treaties that guarantee the human rights in both cases;peace and war; are not pursued. Can you please tell us more about what we should expect from the international society, as a whole, in such crisis?

Thanks.

Answer The UN, and "international society", comprises states, each with their own interests. The UN also is not a monolith: those bodies directly representing states, like the Security Council or the Human Rights Council, are extremely politicized, and as such have utterly failed so far to live up to their responsibilities.

These states do have legal obligations -- most of them are parties for instance to Geneva Conventions, which requires states not only to comply with the laws of war but to take steps to ensure that other states also comply. Obviously, because there is no mechanism to enforce this, it has not happened. But again, it's the states who make up the international system.

Th UN on the ground -- UNRWA, UNDP, WHO, etc -- are doing heroic jobs in trying to address this as well as other severe humanitarian crises.
 
Name
Shaimaa    - 
Profession
Question How do you think Arabs can avoid their embarrassment of their leaders and help Gaza?

Answer Wonderful question but how to answer? It's a political question really, not a human rights question. But insisting on political systems that are democratic, allow public participation, free expression, etc, would be one good start.
 
Name
Dear Sir.    - 
Profession
Question First thanks for being here with IOL.

Given the fact that what is legal is often confused with what is political (as in the ICC indictment case of the Sudan president), who are the international bodies (any courts) responsible for ensuring that Gazans are being supplied to aid (if this is a legal obligation on Israel and Egypt).

What can be done to ensure that international bodies perform their job well in condemning parties that breach international law.

Thanks

Answer It is a legal obligation primarily of Israel, as the occupying power under international law, but also of Egypt. Unfortunately the international bodies that should play a constructive role here -- Security Council, Human Rights Council -- are extremely politicized and partisan, unwilling to address violations of humanitarian law by all parties.
 
Name
Tallulah Bankhead    - 
Profession
Question What relevance, if any, does the maxim WHAT THOU SOW, THOU SHALT REAP have to Hamas?

Answer You could ask the same question of any party to this conflict.
 
Name
AIR    - 
Profession
Question Legally, is it the obligation of Egypt or is it Israel to solve the current humanitarian crisis in Gaza?

Answer I believe I already answered this: Israel, the occupying power under international law, has primary responsibility for well-being of population it controls. Egypt, mainly I believe in response to pressures from Israel and other parties like the US, has also participated in the Israeli blockade, and so shares some responsibility.
 
Name
A. Black    - 
Profession
Question With the recent intended strikes on the UNRWA schools in Gaza and the other killings of civilians, do you think an successful case in the ICC can be brought against Israeli leaders?

Answer Not very likely. First of all, the ICC is designed a s a"court of last resort"-- to deal with serious violations of humanitarian law when national and other jurisdictions fail to do so. There is no question Israel has a well-developed military justice system that COULD address these violations, but its record so far is pretty miserable. But Israel is not party to the ICC, and of course neither is the PA (Palestine). So the only way this could happen would be if the Security Council were to refer such a case to the ICC, as it did with Sudan's Bashir. I'm sure you know this is not at all likely to happen.
 
Name
Sara    - United Kingdom
Profession
Question Do you personally think Arabs and Muslims should wait for the International arena to put an end to this crisis? if yes, what other situations have the west took decisive actions and ended suffering of Muslims?

Answer I don't think the issue is only the suffering of Muslims, but Arabs and Muslims should certainly address these issues within their own societies, and regarding their own states.
 
Name
Bekdashian    - 
Profession
Question What is the role that HRW is playing now to help lift of the misery in Gaza?

Answer HRW monitors human rights and laws of war violations, reports on those violations, and does advocacy with states and other relevant actors to stop violations. This is what we are trying to do in the Gaza crisis. It is much more difficult here because Israel (and to lesser extent Egypt) is not permitting human rights workers, or international journalists, to enter Gaza, which makes it much more difficult to get firs-hand information and testimony of victims and eyewitnesses that should be part of any effective report and advocacy.
 
Name
James    - United States
Profession
Question The problem with opening crossings is that it requires the existence of a legitimate, Palestinian authority in Gaza. Hamas, which controls Gaza, is not recognized internationally. But at the same time Israel is the occupying power it has to assume some kind of responsibility.

I would appreciate Sir if you can clarify this confusion because I have heard a lot but still don't understand this.

Answer Judging from your question you understand it pretty well. The PA and Hamas have not played a very good role in all of this -- basically allowing their dispute over which is legitimate governing authority in Gaza to impede humanitarian relief -- including opening of the Rafah crossing with Egypt, treating badly wounded or seriously ill persons outside of Gaza, providing fuel for the water management company, ordering drugs and medical supplies for hospitals and clinics, etc. Here in my opinion the PA has been particularly at fault. That said, as you note, Israel as the occupying power is in persistent violation of its legal obligation to provide for the material well-being of the population.
 
Name
Editor — Abdelrahman Rashdan    - 
Profession
Question The session has ended. We would like to thank Mr. Joe Stork for taking the time to answer your questions, and all those who participated in the dialogue.

We apologize for not being able to answer all the questions due to time limitation.

Kind regards,
Politics in Depth Team
Answer .
 

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