Israeli defense at The Hague Lt. Col. (res.) David Benjamin, an Israel-based attorney specializing in international law, the law of armed conflict and counterterrorism, talks to Israel Hayom about defending Israel in the International Criminal Court at The Hague.

Lt. Col. (res.) David Benjamin is an Israel-based attorney specializing in international law, the law of armed conflict and counterterrorism.

As a career officer in the Israel Defence Forces, Benjamin served as the chief legal adviser for the Gaza Strip (2001-2005) as well as director of the International and Strategic Branch in the IDF's International Law Department (2006-2009).

In these positions, he played a key role in providing operational legal advice to military commanders and developing legal responses to situations arising in asymmetric conflicts. He was involved in drafting the state's arguments in response to numerous petitions submitted to the Supreme Court in Israel.

Now in private practice, Benjamin provides consulting services to government and international organizations. He also lectures to audiences, both in Israel and abroad, and is a frequent commentator in the local and international media.

Abu Bluff turns down $1 billion because it means not suing Israel in the ICC

'Palestinian' media is reporting that 'moderate' 'Palestinian' PresidentMahmoud Abbas Abu Mazen has turned down an offer of $1 billion for his 'cash-strapped' 'Palestinian Authority' because it would require him to agree not to sue Israel in the International Criminal Court. 

AL MAYADEEN CHANNEL: ABBAS REFUSED A $1 BILLION DEAL TO SOLVE THE PA’S FINANCIAL CRISIS IN EXCHANGE FOR NOT GOING TO THE ICC

A senior Palestinian leader in Fatah said international parties offered President Abbas a deal that would solve the PA’s financial crisis by transferring $1 billion to the presidential treasury in exchange for a promise from Abbas not to go to the International Criminal court to try Israel’s leaders for war crimes.

The leader, who made his statements to the Mayadeen Satellite Channel said the same pressures that were applied to late President Yasser Arafat were being applied to Abu Mazen, both of whom did not break them or the people.

At present, the PA is suffering a deficit that exceeds $1 billion in its general budget. The government has said it does not know when December’s half salary will be paid either, adding that it needs $150 million each month to pay its employee salaries. (Al Quds)

In an earlier post, I reported that journalist Khaled Abu Toameh's Facebook account had been blocked (it was reinstated late Tuesday night). Here's the reason why the account was blocked (from the same link as the paragraph above).

Arab Israeli journalist Khaled Abu Toameh revealed last week that the PA cancelled outstanding electricity debts for Palestinians in the West Bank. He also wrote that despite the ongoing financial crisis in the PA, Fatah and PA officials received unprecedented privileges like dental treatment in Tel Aviv and shopping sprees in Israeli owned businesses.

Shortly afterwards Toameh’s Facebook account wastemporally shutdown and whitewashed by Facebook.

But don't worry: The European Union decided on Tuesday to give the 'Palestinians' another 100 million Euros. What could go wrong?

WSJ: A United Nations Miracle Israel is vindicated on the Gaza flotilla, but Turkey still pouts.

Here's a story for the man-bites-dog folder: The United Nations has conducted another inquiry into an Israeli military operation—and produced a report that mainly vindicates the Jewish state. And here, alas, is a story for the dog-bites-man folder: The Turkish government has responded to the U.N. report by withdrawing its ambassador from Tel Aviv and expelling Israel's from Ankara.

The Palmer report—named for the inquiry's chairman, former New Zealand Prime Minister Geoffrey Palmer—was commissioned by the U.N.'s Secretary General to investigate the May 2010 "flotilla incident," when six ships sailing from Turkey to Gaza on an alleged humanitarian mission were boarded by Israeli commandos enforcing a naval blockade of Gaza. Nine passengers were killed (and several Israeli soldiers badly beaten) in the ensuing melee, sparking a crisis in Jerusalem's already frayed relations with Ankara.

Given the U.N.'s track record on Israel, one might have expected this latest report to be a reprise of Richard Goldstone's notorious report alleging Israeli war crimes during its 2009 war with Gaza (charges later retracted by Mr. Goldstone). Instead, the Palmer report offers a point-by-point rebuttal to some of the most preposterous accusations leveled against Israel.

One such accusation from the Turks is that Israel's naval blockade of Gaza is illegal because blockades can only be legally imposed on another state, and Israel has never recognized Palestine as a state. The Palmer report dismisses that legal legerdemain, noting that "Hamas is the de facto political and administrative authority in Gaza," that "it is Hamas that is firing projectiles into Israel or permitting others to do so," that "law does not operate in a political vacuum" and thus "Israel was entitled to take reasonable steps to prevent the influx of weapons into Gaza."

Then there is the fiction that the flotilla had embarked on a "humanitarian mission." If that were true, its organizers would not have spurned Israel's offer to off-load their supplies in the nearby Israeli port of Ashdod. As the report acidly observes, the flotilla's largest ship and the site of the fighting—the Mavi Marmara—barely contained any humanitarian goods beyond "foodstuffs and toys carried in passengers' personal baggage."

The report also gives weight to the view that a "hardcore group of about 40 activists" from an Islamist NGO known as the IHH "had effective control over the vessel during the journey and were not subjected to security screening" when they boarded the ship in Istanbul. "It is clear to the Panel that preparations were made by some of the passengers on the Mavi Marmara well in advance to violently resist any boarding attempt."

Simply put, the flotilla's organizers were spoiling for the fight they later would claim as evidence of Israeli criminality. That's a fight Israel went out of its way to avoid, both through high-level diplomatic representations to Ankara and repeated warnings to the flotilla to turn away from the blockade. Too bad, then, that the report makes a weak stab at balance by chiding the conduct of Israeli soldiers in the heat of a battle against dozens of thugs armed with iron bars, chains, knives and—given that two of the Israeli commandos were shot—probably firearms as well.

All of this might have provoked a bit of soul-searching within the Turkish government, just as its once-warm embrace of Syria's Bashar Assad has. Instead, Prime Minister Recep Tayyip Erdogan has doubled down on his anti-Israel bets, insisting that Jerusalem apologize to Turkey, compensate the victims and lift its blockade of Gaza as the price for his forgiveness. The Palmer report is a fresh reminder—from the least likely of sources—of why Israel has no honorable choice but to spurn those demands. The Turks will learn in their own time that being Hamas's patron is a loser's game.

Israel blockade of Gaza legal, UN review says Force against Turkish flotilla called excessive

UNITED NATIONS - A UN review has found that Israel’s naval blockade of Gaza is legal and appropriate but that the way its forces boarded a Turkish-based flotilla trying to break that blockade 15 months ago, killing nine passengers, was excessive and unreasonable.

The report, expected to be released today, also found that when Israeli commandos boarded the main ship they faced “organized and violent resistance from a group of passengers’’ and were therefore required to use force for their own protection. But the report called the force “excessive and unreasonable,’’ saying the loss of life was unacceptable and the Israeli military’s later treatment of passengers was abusive.

The 105-page report, a copy of which was obtained by the New York Times, was completed months ago. But its publication was delayed several times as Turkey and Israel sought to reconcile their deteriorating relationship and perhaps avoid making the report public. In reactions from both governments included in the report, as well as in interviews, each objected to the conclusions. Both believe the report, which was intended to help mend relations, will instead make reconciliation harder.

Turkey is particularly upset by the conclusion that Israel’s naval blockade is in keeping with international law and that its forces have the right to stop Gaza-bound ships in international waters, which is what happened. That conclusion oversteps the mandate of the four-member panel appointed by the UN secretary-general and is at odds with other UN decisions, Turkey contends.

The report noted that the panel did not have the power to compel testimony or demand documents, but instead had to rely on information provided by Israel and Turkey.

The foreign ministries in Turkey and Israel declined to comment publicly on the report, saying they preferred to wait for its release. No one was available to comment in the office of the UN spokesman.

The UN investigation into the events on the Turkish-flagged ship known as the Mavi Marmara, the largest of six vessels that were commandeered by Israeli commandos on May 31, 2010, was headed by Sir Geoffrey Palmer, former prime minister of New Zealand, aided by Alvaro Uribe, former president of Colombia, along with a representative each from Israel and Turkey.

It takes a broadly sympathetic view of Israel’s sea blockade of Gaza.

“Israel faces a real threat to its security from militant groups in Gaza,’’ the report says in its opening paragraphs. “The naval blockade was imposed as a legitimate security measure in order to prevent weapons from entering Gaza by sea and its implementation complied with the requirements of international law.’’

The report is hard on the flotilla, asserting that it “acted recklessly in attempting to breach the naval blockade.’’ It said that while the majority of the hundreds of people aboard the six vessels had no violent intention, that could not be said of IHH, the Turkish aid group that primarily organized the flotilla. “There exist serious questions about the conduct, true nature, and objectives of the flotilla organizers, particularly IHH,’’ it said.

It also said that the Turkish government tried to persuade the organizers to avoid an encounter with Israeli forces but that “more could have been done.’’

Regarding the boarding of the ship, the Palmer committee said Israel should have issued warnings closer to the moment of action and should have first turned to nonviolent options.

The report assailed Israel for the way in which the nine were killed and others injured. “Forensic evidence showing that most of the deceased were shot multiple times, including in the back, or at close range has not been adequately accounted for in the material presented by Israel,’’ it says.