…No, that’s what was determined by the principal judicial organ of the United Nations. Is there anything in particular (from a legal standpoint) that you think they got wrong in the advisory opinion?
The UN General Assembly isn’t relevant here.
No, it wasn’t. Hamas members who decommissioned their weapons would be given amnesty: that was the deal.
However, this was.
It was always part of the deal. Gaza will be governed by a temporary transitional technocratic, apolitical Palestinian committee. “Hamas and other factions agree to not have any role in the governance of Gaza, directly, indirectly, or in any form.” That’s what both parties agreed to do.
The committee has been formed. Hamas have prepared a transitional plan. The head of administration, Mohammed al-Farra has resigned. Part of that plan says that “day-to-day civil servants will remain in their roles under the new NCAG to avoid structural and technical collapse.”
What’s holding this up is Israel isn’t letting the NCAG into the country.
I’m unclear what exactly you are needing a rebuttal for at this stage.
Because I note from your cite that “The detainee was never charged or tried while in Israeli custody.”
Because if your argument is along the lines of this was a fair and transparent process, I’d like to know what he was being detained for in the first place. Because that’s kind of what makes this whole thing problematic from the get-go.
Remember the only reason this case generated any headlines at all was because it was filmed and because it was leaked. But this wasn’t an isolated case. Israeli forces have been credibly accused of beatings, torture, sexual humiliation, and rape going back decades. We are talking about tens of thousands of cases. Every single Palestinian has a story.
Even multiple members of the flotillas that were detained report humiliation, abuse, beatings, and even rape. Christopher Smalls was beaten. Allegedly given different treatment because of his skin colour. Greta Thurnberg was physically abused. They were held in harsh and unsanitary conditions.
You can’t even doubt the humiliation claims. Because they proudly filmed themselves doing it.
So was this detainee a prisoner of war? Then he should have been afforded the protections of the Geneva Conventions and international humanitarian law. Was he being held in administrative detention? That practice, which didn’t start after October 7th but has been in place for decades, almost certainly isn’t in compliance with international law.
https://www.btselem.org/publications/summaries/200910_without_trial
A reminder that the detainee had broken ribs, a punctured lung, and rectal damage. And that nobody, not even leadership, has been held responsible. The only person that will get punished for this is the person that leaked the footage. This isn’t a fair, open, and transparent process. It’s an abomination.
That a justice system ends ups with a detainee with broken ribs, a punctured lung, and rectal damage, and nobody can be held accountable, with no commitment to reform, just “sorry, but faces obscured by shields, there is absolutely nothing we can do” is just absurd. This absolutely should NOT be the end of the matter.