Canada Complicit in Israeli Occupation of Palestine

“Settling” constitutes a warcime according to international law and ICC statute. Even under US’ own military legislations’
Law resources below this article

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by Yves Engler | Jan 1, 2013 | Dissident Voice

The double standard of Israel-no-matter-what supporters can reach spectacular proportions. The recent case of Liberal Party leadership candidate Justin Trudeau’s speech proves the point and also illustrates the tactics employed to demonize the Islamic community.

Montreal-based anti-Muslim website Point de Bascule and pro-Israel Jewish group B’nai Brith successfully turned Trudeau’s speech to the Reviving the Islamic Spirit conference last weekend into a controversy. With help from some right-wing media outlets they made a big deal of the fact that one of (17) sponsors of the Toronto event has been accused of aiding Hamas by the Canada Revenue Agency (CRA).

In a bid to quiet the controversy the International Relief Fund for the Afflicted and Needy (IRFAN), which is challenging the CRA’s accusations in court, withdrew its sponsorship of the conference. Operating in a dozen countries, IRFAN is a leading Canadian Muslim charity that sponsored four thousand orphans at its high point.

In November 2004 then opposition MP Stockwell Day, backed by the pro-Israel Canadian Coalition for Democracies, called on the Liberal government to investigate IRFAN for any ties to Hamas. The CRA investigated the group but failed to register a serious complaint. Soon after Day and the Conservatives took power, the CRA audited IRFAN again. After a series of moves against the organization, in April 2011 the CRA permanently revoked the group’s charitable status, claiming “IRFAN-Canada is an integral part of an international fundraising effort to support Hamas.”

A big part of the CRA’s supporting evidence was that IRFAN worked with the Gaza Ministry of Health and Ministry of Telecommunications, which came under Hamas’ direction after they won the 2006 election. The Mississauga-based organization tried to send a dialysis machine to Gaza and continued to support orphans in the impoverished territory with the money channeled through the Post Office controlled by the Telecommunications Ministry.

This author cannot claim any detailed knowledge of the charity, but on the surface of it the charge that IRFAN was a front for Hamas makes little sense. First of all, the group was registered with the Palestinian Authority in the West Bank when the Fatah-controlled PA was waging war against Hamas. Are we to believe that CRA officials in Ottawa had a better sense of who supported Hamas then the PA in Ramallah? Additionally, the United Nations Relief and Works Agency (UNRWA) viewed the Canadian charity as a legitimate partner. In 2009 IRFAN gave UNRWA $1.2 million to build a school for girls in Battir, a West Bank village.

The CRA spent hundreds of thousands of dollars investigating IRFAN. It appears that the Revenue Agency wanted to help their Conservative bosses prove that Muslim Canadians financed “Hamas terror”. And the recent controversy over Trudeau’s participation in the Reviving the Islamic Spirit conference demonstrates how the CRA’s accusation can be used to demonize the million-strong Canadian Muslim community and specifically to deter them from associating with the Palestinian cause.

The case against IRFAN also illustrates the flagrant double standard between how Ottawa treats charities working in Israel versus those helping the much poorer Palestinians (Gaza’s per capita income is $1,483 whereas Israel’s is $31,000). It’s illegal for Canadians to aid any group directly or indirectly associated with the elected Hamas government in Gaza yet it’s legal — and government will foot part of the bill — to finance charities linked to Israeli settlements that contravene international law.

The Conservatives have reinforced Canada’s post 9-11 anti-terrorism laws that make it illegal to directly or indirectly assist a half dozen Palestinian political organizations all the while embracing tax write-offs for illegal Israeli settlements. Guelph activist Dan Maitland emailed former foreign minister Lawrence Cannon concerning Canada Park, a Jewish National Fund of Canada initiative built on land Israel occupied after the June 1967 War (three Palestinian villages were demolished to make way for the park). In August 2010 Maitland received a reply from Keith Ashfield, national revenue minister, who refused to discuss the particulars of the case but provided “general information about registered charities and the occupied territories.” Ashfield wrote “the fact that charitable activities take place in the occupied territories is not a barrier to acquiring or maintaining charitable status.” This means Canadian organizations can openly fundraise for settlements illegal under international law and get the government to pay up to a third of the cost through tax credits for donations.

The exact amount is not known but it’s safe to assume that millions of Canadian dollars make their way to Israeli settlements annually. Every year Canadians send a few hundred million dollars in tax-deductible donations to Israeli universities, parks, immigration initiatives and, more controversially, “charities” that aid the Israeli army in one way or another.

While a number of Jewish groups publicly promote their support for the Israeli military few Jewish charities openly tout their support for those stealing Palestinian land in violation of international law. Interestingly, it appears that Christian Zionist groups are more explicit about their support for West Bank settlers. One such charity registered with Ottawa, Christian Friends of Israeli Communities (CFOIC), says it supports “the Jews currently living in Biblical Israel —the communities of Judea and Samaria (and previously Gaza).” Judea and Samaria is the biblical term right wing Israelis use to describe the occupied West Bank. CFOIC explains that it “provide(s) Christians with deeper insight into the significance of Judea and Samaria — the heartland of Israel — and the people who live there. This is done by bringing groups of Christians to visit the communities, and providing information about the communities on an ongoing basis; and provide financial and moral support to the Jewish communities who are developing the land in faithfulness to their God.”

So here we have the blatant double standard for all to see: The current Canadian government uses “anti-terrorism” legislation to prevent a dialysis machine from being sent to Gaza but encourages, through tax write-offs, donations to illegal settlements that have terrorized and displaced thousands of Palestinians.

Shame on all those who voted for this government.

Yves Engler is the author of Lester Pearson’s Peacekeeping: The Truth May Hurt. His latest book is The Ugly Canadian: Stephen Harper’s foreign policy. Read other articles by Yves, or visit Yves’s website.





LAW

“States may not deport or transfer parts of their own civilian population into a territory they occupy.”

Summary

State practice establishes this rule as a norm of customary international law applicable in international armed conflicts.
International armed conflicts

The prohibition on deporting or transferring parts of a State’s own civilian population into the territory it occupies is set forth in the Fourth Geneva Convention.[1]

It is a grave breach of Additional Protocol I.[2]

Under the Statute of the International Criminal Court, “the transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies” constitutes a war crime in international armed conflicts.[3]

Many military manuals prohibit the deportation or transfer by a party to the conflict of parts of its civilian population into the territory it occupies.[4]

This rule is included in the legislation of numerous States.[5]

Official statements and reported practice also support the prohibition on transferring one’s own civilian population into occupied territory.[6]

Attempts to alter the demographic composition of an occupied territory have been condemned by the UN Security Council.[7]

In 1992, it called for the cessation of attempts to change the ethnic composition of the population, anywhere in the former Yugoslavia.[8]

Similarly, the UN General Assembly and UN Commission on Human Rights have condemned settlement practices.[9]

According to the final report of the UN Special Rapporteur on the Human Rights Dimensions of Population Transfer, including the Implantation of Settlers and Settlements, “the implantation of settlers” is unlawful and engages State responsibility and the criminal responsibility of individuals.[10]

In 1981, the 24th International Conference of the Red Cross reaffirmed that “settlements in occupied territory are incompatible with article 27 and 49 of the Fourth Geneva Convention”.[11]

In the Case of the Major War Criminals in 1946, the International Military Tribunal at Nuremberg found two of the accused guilty of attempting the “Germanization” of occupied territories.[12]

References

[1] Fourth Geneva Convention, Article 49, sixth paragraph (cited in Vol. II, Ch. 38, § 334).

[2] Additional Protocol I, Article 85(4)(a) (adopted by consensus) (ibid., § 335).

[3] ICC Statute, Article 8(2)(b)(viii) (ibid., § 336).

[4] See, e.g., the military manuals of Argentina (ibid., §§ 346–347), Australia (ibid., § 348), Canada (ibid., § 349), Croatia (ibid., § 350), Hungary (ibid., § 351), Italy (ibid., § 352), Netherlands (ibid., § 353), New Zealand (ibid., § 354), Spain (ibid., § 355), Sweden (ibid., § 357), Switzerland (ibid., § 357), United Kingdom (ibid., § 358) and United States (ibid., § 359).

[5] See, e.g., the legislation of Armenia (ibid., § 361), Australia (ibid., §§ 362–363), Azerbaijan (ibid., §§ 364–365), Bangladesh (ibid., § 366), Belarus (ibid., § 367), Belgium (ibid., § 368), Bosnia and Herzegovina (ibid., § 369), Canada (ibid., §§ 371–372), Congo (ibid., § 373), Cook Islands (ibid., § 374), Croatia (ibid., § 375), Cyprus (ibid., § 376), Czech Republic (ibid., § 377), Germany (ibid., § 379), Georgia (ibid., § 380), Ireland (ibid., § 381), Mali (ibid., § 384), Republic of Moldova (ibid., § 385), Netherlands (ibid., § 386), New Zealand (ibid., §§ 387–388), Niger (ibid., § 390), Norway (ibid., § 391), Slovakia (ibid., § 392), Slovenia (ibid., § 393), Spain (ibid., § 394), Tajikistan (ibid., § 395), United Kingdom (ibid., §§ 397–398), Yugoslavia (ibid., § 399) and Zimbabwe (ibid., § 400); see also the draft legislation of Argentina (ibid., § 360), Burundi (ibid., § 370), Jordan (ibid., § 382), Lebanon (ibid., § 383) and Trinidad and Tobago (ibid., § 396).

[6] See, e.g., the statements of Kuwait (ibid., § 405) and United States (ibid., §§ 406–407) and the reported practice of Egypt (ibid., § 402) and France (ibid., § 403).

[7] See, e.g., UN Security Council, Res. 446 , 452 and 476 (ibid., § 408), Res. 465 (ibid., § 409) and Res. 677 (ibid., § 410).

[8] UN Security Council, Res. 752 (ibid., § 411).

[9] See, e.g., UN General Assembly, Res. 36/147 C, 37/88 C, 38/79 D, 39/95 D and 40/161 D (ibid., § 412) and Res. 54/78 (ibid., § 405); UN Commission on Human Rights, Res. 2001/7 (ibid., § 413).

[10] UN Sub-Commission on Human Rights, Final report of the Special Rapporteur on the Human Rights Dimensions of Population Transfer, including the Implantation of Settlers and Settlements (ibid., § 415).

[11] 24th International Conference of the Red Cross, Res. III (ibid., § 419).

[12] International Military Tribunal at Nuremberg, Case of the Major War Criminals, Judgement (ibid., § 421).


Still live in fairy-tale-land about Israel? Time to wake up: The Map of the “Greater Israel” even is hammered on the currency:All facts at Storify continuously updated. Read what Israeli ‘leaders’ have said and done even before (peace) talks and how their actions contradict the reality and ugly facts which they try to hide from you:

You can forget all details. Save yourself time. It is only about Ethnic Cleansing of Palestine

Israel. Not looking for Peace. Nor Talks. But this…

The facts. Mainly Israeli sources. Continuously updated


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