A Statement in Opposition to the Israeli Assault on Gaza

A Statement of Solidarity with the Palestinian People: Members of the Legal Community against the Ongoing Israeli Assault on Gaza:

The following letter was written by a group of gravely concerned students of the Faculty of Law at McGill as the violence being committed against Palestinians in Gaza by the Israeli military continues unabated.

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We write this letter on behalf of ourselves, and others in the legal community in Canada who wish to express concern, horror, and disgust regarding the ongoing Israeli assault on Gaza and the Palestinian people.

We write this letter in recognition that while the legal community in Canada is diverse, it can unite over common cause, and exert influence.

We write this letter in recognition that this is a time to ground abstract legal principles in reality.

We write this letter in recognition that there can be no meaningful peace without justice. It follows that a commitment to justice is a commitment without borders.

We emphasize that a sense of justice does not require a legal education but rather, stems from a sense of shared humanity.

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Gaza encompasses a strip of land that is no longer than 41 kilometres long and 12 kilometres wide — an area considerably smaller than the island of Montreal.[1] Meanwhile, Gaza is home to approximately 1.8 million Palestinians, making it one of the most densely populated areas in the world.[2]

Gaza has been under an Israeli siege for the past seven years; a siege which blocks access to the territory by air, land and sea, and allows Israel to maintain effective control over the territory and its people. Gaza is therefore virtually sealed off from the world, and is economically strangled.[3]

Operation Protective Edge, Israeli’s current military mission in Gaza, has proven to be relentless, indiscriminate and disproportional. The onslaught has pushed the Gaza death toll to more than 1,803, with over 200 of the dead being children — a ghastly number of lives which continues to grow.  At least 9,370 Palestinians have been wounded by Israeli forces. The UNHCR estimates that 80% of the casualties are civilian casualties.

The Israel Defense Forces (IDF) have destroyed civilian infrastructure without military necessity. About 1660 homes have been destroyed and water supply has come to a stop. About 22,000 people are taking shelter in the UN run camps while thousands of others have fled to others’ homes.
 

Legal experts across the world have noted that Israel has failed to demonstrate that the overwhelming use of force is connected to reducing risks of Israel being attacked by Hamas.

Richard Falk, an international law professor emeritus at Princeton University and former United Nations special rapporteur on the Occupied Palestinian Territories has stated that: “ […] you can’t pursue these military objectives by these means in a way that is compatible with international humanitarian law. “The whole mission is one that is legally flawed. The civilian character of Gaza is so overwhelmingly a part of this reality.”

While both Hamas and Israel have been accused of war crimes, false equivalences must be avoided:  “Israel’s crimes are so powerfully overwhelming, and the disparity in the casualties seems to be a pretty good indicator of the disparity of accountability” […] “and not only the numbers of killed, wounded and traumatized but also the nature of who’s dying. Fifty-five of the 58 Israelis killed have been military personnel. You have not only a quantitative disparity but also a qualitative disparity (Falk).”

Nevertheless, a rejection of a logic that justifies mass civilian deaths and destruction does not require a legal background.

Gaza is largely compromised of refugees from surrounding areas that constitute Israel. In fact, 80% of Gaza’s population are refugees. Therefore, a recognition of refugees rights means calling for the rights of Palestinians to have access to basic necessities, such as food, clean water, health care, and education. 

The realization of these rights cannot happen as long as Gaza is under siege and as long as Israel maintains its colonial domination and oppression of the Palestinian people. Often analogized to an open-air prison, Gazans are trapped; they have nowhere to seek refuge.

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For the third time in ten days, a UN school was bombed last week in Southern Gaza even after the IDF was repeatedly warned of the locations of these schools, which are being used as shelters for already displaced Palestinians. These attacks have been strongly denounced by UN chief Ban-Ki-moon as “reprehensible” “a moral outrage and criminal act.” We believe that it is time that the legal community takes a united stance, and echoes these statements loud and clear.

We, the undersigned, condemn the senseless killing of innocent civilians, including children. We condemn the destruction of vital civilian infrastructure such as hospitals, health care centres, mosques, schools, and Gaza’s only power plant. We condemn Israel’s prolonged occupation of Palestine.

Furthermore, we, the undersigned, recognize that Canada and many of its institutions are complicit in the war on Gaza.

While Stephen Harper and numerous other Canadian politicians have expressed their unyielding support for Israel, we are also aware that many of our institutions hold partnerships with Israeli institutions that are directly complicit in the occupation of the Palestinian people.[4] The fact that many law schools in Canada pride themselves on a commitment to human rights initiatives means that they must be held accountable when their actions do not accord with their stated objectives. We strongly oppose this institutional complicity, and demand that our institutions take responsibility for their actions.

If justice is truly blind, we contend that a sincere belief in equal rights for all must translate to a desire for Palestinians to live a life of peace and dignity. To stand in solidarity with Palestinians does not amount to an attack on Israel, or its citizens. It amounts to a recognition that Palestinians are no less deserving of basic necessities, dignity and peace than their neighbours. It is a recognition of their humanity. 

[1] Paul DS

[2] (UNHCR)

[3] Al Jazeera

[4] As one example, Israel’s Hebrew University has just published a notice announcing a collection of goods to be sent to IDF soldiers in support of their efforts in the bombardment of Gaza. This notice was signed by the university, its academic staff committee, and its official student union. Yet, Faculty of Law at McGill continues its partnership with Hebrew University for a yearly summer programme.