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Assalamu Aleikum Dr. Khalil, First and foremost, thank you for taking the time to answer our questions at IOL.
I would like to know, how come that everytime Israel commits some atrocity, countries like the U.S, U.K and international bodies like the U.N turn a blind eye and act as if nothing has happenend. Israel has broken 1001 UN resolutions or whatever - How come no country/or Int Body pushes for the U.N to impose sanctions or the like on Israel. Obviously they are contemplating imposing sanctions on Iran; why the double standards?
Answer
As you said in your question, actually the superpowers, mainly the US, adopt a double standard policy in the same issue and bias with Israel in its aggression on the Arab and Islamic countries. A good example of this is the West standing up against the Iranian peaceful nuclear file while turning a blind eye to the Israeli tremendous nuclear arsenal which has reached now about 400 nuclear heads.
So, we as international law experts do not attach much importance to the resolutions coming from the international organizations regarding them as directly working in favor of Israel. A good example of the bias in this concern is that the international community accepts Israel as member in the UN, while it didn’t and still doesn’t abide by any UN resolutions, resolution 181, to name one. So, how can we resort to the security council while it doesn’t take any stand against Israel for its non abiding by the international resolutions. Therefore, I agree with you that this double standard policy cannot be countered except through more resistance to this hegemony policy led by Israel and the US in the region.
Name
Zeinab
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Profession
Question
Are the Arab and Islamic states unable to oppose the UN decisions which support the American interference in their own affairs? And is the American support is the mere reason for the Israeli breaking to the international law?
Answer
There are ways and means That should be adopted to counter the unjust international resolutions especially that working against Arabs' interests.
The military confrontation is not the only means, but Arabs could counter these resolutions through political and economic pressures, as was the case early in the seventies of last century when the Arab states cut off oil exports to the West. This step caused change of the international attitudes toward the Arab Israeli conflict. Another good example is the attitude toward resolution 1701.
Although the resolution didn’t work in favor of Lebanon, the resistance managed with its steadfastness to have the US and France change some unjust items against the Lebanese people. Regardless of any outcomes of any international resolutions, we have to be aware of how to use the political, diplomatic and even military means through which we can change as many unjust UN resolutions as we could either through changing them absolutely or at least through demanding amendments to some of them to be in favor of our cause.
Name
ABDIRAHMAN
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Profession
ACCOUNTANT
Question
Do we really have international laws that are above every state? my guess is no, most of the so called intl laws are mainly used by bigger boys as a tool to punish the global kids. My question therefore is if ISRAEL and other WESTERN COUNTRIES are breaking the rules day and night, what is fooling us to respect them while we are the sole victims of the same rules. Why us and not them.
Answer
The International Law is deemed binding on all the states that signed on it. We all know that laws just create and acknowledge rights, but rights need the force that back them and impose them on the ground. This way, the International Law is practically a reflection of the weight of powers and the dominant world powers. That's to say, no conventions or deals can be applied unless they are accepted by the dominant powers of the world.
This exactly what goes for the Arab-Israeli conflict.
Pertaining to your question if we are obliged to abide by the International Law, I can say that every country has the right to object and commit or not to commit to this law, but it will bear the reflections of this non-compliance.
On the other hand, Israel is an exception to all these conventions as its history tells us all. Israel has never abided by the UN resolutions. What is more remarkable here is that all the UN resolutions related o the Israel-Arab conflict come in the Six Chapter, where the resolutions are not binding on the concerned states and cannot be implemented unless all the concerned parties agree upon. These resolutions do not come in the Seven Chapter that imposes force on the concerned states to commit to the resolutions.
To conclude, law is one thing and the reality is another. So, if we want law to dominate and prevail, we should obtain the force on both the regional and international landscapes in order to be able to move on our visions and impose our decisions.
Name
Zikrullahi
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Profession
Logistic Provider
Question
Salam alaykum. In the absence of a body that can enforce law and order on Israel what can the Islamic Ummah do to liberate themselves from arrongance of the so called super power.
Answer
There are a number of ways and means with which the Muslim nation can counter these Western pressures, foremost among which is closing ranks of its political and religious forces, since unity is the right path to counter these big pressures, given that the nation has declined due to disunity and disputes.
So I see that with rallying around Islamic causes of common interest and reaching specific solutions could invigorate us and further our position in confrontations of the challenges which encounter us.
Name
Sheik Mohamed ReazBhugalee
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Profession
IT Specialist
Question
I believe that the way Israel has cast out its rage against innocent civilians specially the innocent children of Lebanon is no different to the Nazi Jews extermination and this in a more violent and hatred manner, with a total lack of humanity. Can't the Israeli leaders and army be sued by an International Tribunal on non-compliance with International conventions on human rights and failing to provide a safe corridor to the Lebanese civilians who were killed while trying to flee the war zones?
Why when Israel commits such massacre, the so-called democratic world especially from West remains so unmoved?
It is also surprising and disappointing to note the reaction of the Arab leaders which was quite mild and needs to be questioned.
Fortunately, Mr. Jacque Chirac, the French president intervention in the conflict was decisive in obtaining a cease fire.
Answer
In legal terms we can, as I have just said, resort to the international criminal court which mainly handles personal cases rather than state ones. This helps us to demand the trial of Israeli officials for their crimes in Lebanon, as what they did in Lebanon falls within the area of mass extermination and war crimes and crimes against humanity .
All these crimes fall within the ICC area of jurisdiction. As regards the Arab leaders, who regrettably wept and begged Israel to stop aggression, I can say that the only way to keep these rulers away from decision making is more and more civil and partisan course of action through parliamentary election and rotation of power to change the status quo.
Although some say that our armies direct their arms to their peoples rather than the enemies, which means impossibility to change the current situations. I believe that the first step starts from zero point and that we should pay dear prices until we attain freedom and dignity which cannot be obtained except by force, and before us there are examples of oppressed – turned liberated states .
But we should also try hard to resort to international criminal court which mainly hears and judges over any crimes of any ruler against his people . In general, I can say that we can litigate to international court if any resolutions related to the human rights are violated.
Name
Ayman
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Profession
Question
UNDP said Tuesday Lebanon's 15-year economic and social recovery was wiped out by the Israeli offensive. Does the international law oblige Israel to buy for that?
Answer
In the international law, there is a number of ways and means which we can resort to for punishing the aggressors and having them pay reparations for their aggressions. In principle, the offended state, here is Lebanon, can resort to the International Justice Court (IJC) to sue Israel for its crimes. But according to the regulations of this court, the two states must first agree on litigation to the court.
Of course Israel will reject to resort to the IJC, but there is another way through which we can go to the court, mainly that we can submit our lawsuit according to the 1942 convention on the mass exterminations and war crimes. It is known that Lebanon and Israel early on joined this convention. So in lieu with this convention, Lebanon can litigate to the IJC.
The other option is to resort to the International Criminal Court indirectly . In lieu with the Rome convention, the ICC attorney general has the authority to take procedures on this case if it falls within the ICC area of jurisdiction. Given that what happened in Lebanon is but a war crime and crimes against humanity , Lebanon then can demand the referring to trial those perpetrators or those who incited against this aggression on Lebanon .
By using one of these mechanisms we can legally sue Israel and claim material and moral damages for the damage Lebanon sustained due to the aggression.
Name
Abdul-Bary...
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Profession
Question
Israel has been breaching the UN "fragile" truce since the Lebanon war came uneasily to an end. What does the International Law say on this concern? Is there any international force that can deter Israel from constantly breaching the international laws and Geneva Conventions, especially when it comes to violating human rights as the case with Lebanon and Palestine. Who can actually hold Israel accountable for her continued breaches of international deals and conventions?
Answer
Thank you for this good question, but I have just answered a similar one. Please, go through the answers to find it.
Thank you once again.
Name
Editor
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Profession
Question
First of all, we'd like to welcome professor Hussein and thank him for his time.
The question is: Should the UN Security Council have taken an action against Israel over its violation of the UN-brokered ceasefire in Lebanon?
Answer
In principle, as long as the Security Council is the sponsor of resolution 1701, it then has to provide peace and safety for the two states as shown in item 10 of the resolution. On the basis of this, the security council has to serve as a deterrent power to deter Israel from attacking Lebanon. But unfortunately the US protects Israel by seeking another resolution demanding the disarming of Hezbollah instead of findings a just solution to the peoples of the region.
So we should not count much on the security council resolutions as they will be eventually American-Israeli ones not working in favor of Lebanon insomuch as finding safety haven to Israel. I also alert that the security council resolution 1701 has legalized an illegitimate act in the international law by providing that Israel has the right to monitor the Lebanese land and air and sea sites through the UN, which means legalizing the Israeli siege over Lebanon, something that amounts to aggression prohibited in the international law, article 51 for instance.
This is of course a serious precedence in the history of the security council in handling disputes among states.
Name
Editor
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Profession
Question
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Answer
The session has ended. We would like to thank both Dr. Khalil Hussein for taking the time to answer the questions of IslamOnline viewers, and all those who have participated in this live dialogue.
We apologize for not being able to answer all the questions due to time limitations. Thank you for your understanding.
