Captain Allen Profile picture
Nov 16, 2023 4 tweets 4 min read Read on X
Legal analysis of #Hamas’ hostage-taking: it has been more than 40 days since Hamas stole 240+ #Israelis & took them hostage in #Gaza (240+ #warcrimes), & Hamas has refused every demand to permit the International Red Cross (ICRC) access to the hostages (240+ more war crimes).

Among the hostages savagely stolen by Hamas was a woman who was 9 months pregnant on 10/7; and, assuming she’s alive, she should have given birth by now.

Add one newborn baby to the list of civilians held hostage by #HamasTerrorists.

Common Article 3 of the Fourth Geneva Conventions specifies that anyone in custody of a party to a conflict (#terrorist organizations like Hamas are included under Article 3(1)(b) as acknowledged in Nicaragua v. USA (1986) at Paras. 218-19) shall:

(1) “be treated humanely”;

(2) be protected from “violence to life and person”; and

(3) “[t]he wounded and sick shall be … cared for.”

In addition, customary humanitarian law requires any persons detained, and thus deprived of their liberty, be permitted to correspond with their families.

The very essence of the mission of the ICRC is to gain access to hostages & ensure they are being held in compliance with Article 3.

But, so far, after more than 40 days, Hamas has committed 240+ ongoing war crimes by repeatedly refusing the ICRC access to the hostages

Importantly, since the vast majority of the hostages are civilians, it is a universally accepted international norm (that is also stated in Article 34 of the Fourth Geneva Convention) that they must all be released immediately.

However, at a bare minimum - even if the hostages were treated as Prisoners of War (POWs) - international law requires they must be afforded the protections provided to POWs under the Third Geneva Convention (such as being provided sufficient food and water & receiving any needed medical attention).

The Third Geneva Convention confers a special mandate to the ICRC to protect the dignity & well-being of POWs by ensuring the hostage-takers comply with the law. Thus, Hamas is required under international law to provide the ICRC with regular access to visit POWs.

Again, Hamas has refused the ICRC any access to the hostages. So, as just a few examples:

(1) the condition of the new mother & her newborn baby are unknown;

(2) the condition of Kfir Bibas, a nine-month-old infant stolen from his home, is unknown

(3) the condition of 27-year-old Tamar Gutman, who suffers from debilitating Crohn’s disease & is without her medication, is unknown; and

(4) the condition of 85-year-old grandmother Yaffa Adar, who requires a walking aide to ambulate, requires a hearing aid to hear, & who is without her litany of required medications for ailments such as her heart condition, kidney disease, and chronic pain, is unknown.

The unknown - that is psychological torture for the families. Each instance of psychological torture adds even more to the list of war crimes committed by Hamas.

By now, you must have seen & heard the extreme inhumanity & shocking barbarism of Hamas’ Oct 7 attack.

You’ve seen & heard Hamas terrorists laughing as they raped women & even children.

You’ve heard their laughter as they burned babies alive in their cribs.

You’ve heard them brag about their mutilations, their beheadings, their torture, and their murders of men, women, children, the elderly, the infirm, and babies.

Every single individual act of torture & cruelty carried out by Hamas - for which there are presently too many to count - is yet another war crime, as the Third Geneva Convention precludes any party to a conflict from engaging in torture or cruelty.

And has the torture & cruelty under which the hostages suffered been treated in captivity?

Has the torture and cruelty of the hostages been ongoing - or made even worse - while they have been unlawfully held in captivity?

No one knows the answers to these questions because Hamas has refused to permit the ICRC access to the hostages in violation of international law and basic human decency.

#Education #Israel #Palestine
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FYI, the purpose of this post was to specifically point out how #Hamas has refused the Red Cross access to the hostages and what that means. I did some additional legal analysis on Hamas’ taking of hostages in the post below if you’re interested.

#Education #Israel #Palestine
Another legal analysis on #Hamas taking hostages I did previously is below (there are four in total including the one I did today).

#Education #Israel #Palestine
Last one of my international law posts regarding #Hamas taking hostages for those interested in more details of Hamas’ war crimes.

#Education #Israel #Palestine

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More from @CptAllenHistory

Mar 3
What could have been.

This day (March 3) in 1919, Emir Feisal (Left) (Son of Hussen Ibn Ali, Sharif of #MECCA, Arab & Sunni #Muslim king) wrote US Zionist leader (later US Sup Ct Justice) Felix Frankfurter (Right) after Paris Peace Conference re formation of a Jewish State:

"I want to take this opportunity of my first contact with American Zionists to tell you what I have often been able to say to [President of the World Zionist Organization] Dr. [Chaim] Weizmann in #Arabia & #Europe.

We feel that the Arabs & Jews are cousins in having suffered similar oppressions at the hands of powers stronger than themselves, & by a happy coincidence have been able to take the first step towards the attainment of their national ideals together.

The Arabs, especially the educated among us, look with the deepest sympathy on the Zionist movement. Our deputation here in #Paris is fully acquainted with the proposals submitted yesterday by the Zionist Organisation to the #Peace Conference, & we regard them as moderate & proper. We will do our best, in so far as we are concerned, to help them through: we will wish the Jews a most hearty welcome home.

With the chiefs of your movement, especially with Dr. Weizmann, we have had & continue to have the closest relations. He has been a great helper of our cause, & I hope the Arabs may soon be in a position to make the Jews some return for their kindness.

We are working together for a reformed and revived Near East, and our two movements complete one another. The Jewish movement is national and not imperialist. Our movement is national and not imperialist, and there is room in Syria for us both. Indeed I think that neither can be a real success without the other.

People less informed and less responsible than our leaders and yours, ignoring the need for cooperation of the Arabs & #Zionists, have been trying to exploit the local difficulties that must necessarily arise in Palestine in the early stages of our movements.

Some of them have, I am afraid, misrepresented your aims to the Arab peasantry, & our aims to the Jewish peasantry, with the result that interested parties have been able to make capital out of what they call our differences.

I wish to give you my firm conviction that these differences are not on questions of principle, but on matters of detail such as must inevitably occur in every contact of neighbouring peoples, & as are easily adjusted by mutual good will. Indeed nearly all of them will disappear with fuller knowledge.

I look forward, & my people with me look forward, to a future in which we will help you & you will help us, so that the countries in which we are mutually interested may once again take their places in the community of civilised peoples of the world.

Believe me, Yours sincerely, (Sgd.) Feisal"

Two days later (March 5, 1919), Frankfurter responded as follows:

"Royal Highness,

Allow me, on behalf of the Zionist Organization, to acknowledge your recent letter with deep appreciation.

Those of us who come from the #UnitedStates have already been gratified by the friendly relations & the active cooperation maintained between you & the Zionist leaders, particularly Dr. Weizmann. We knew it could not be otherwise; we knew that the aspirations of the Arab and the Jewish peoples were parallel, that each aspired to re-establish its nationality in its own #homeland, each making its own distinctive contribution to civilization, each seeking its own #peaceful mode of life.

The Zionist leaders & the Jewish people for whom they speak have watched with satisfaction the spiritual vigor of the Arab movement. Themselves seekingjustice, they are anxious that the just national aims of the Arab people be confirmed & safeguarded by the Peace Conference.

We knew from your acts & your past utterances that the Zionist movement -- in other words the national aim of the Jewish people -- had your support and the support of the Arab people for whom you speak.

These aims are now before the Peace Conference as definite proposals by the #Zionist Organization. We are happy indeed that you consider these proposals “moderate and proper,” and that we have in you a staunch supporter for their realization.

For both the #Arab & the #Jewish peoples there are difficulties ahead -- difficulties that challenge the united statesmanship of Arab & Jewish leaders. For it is no easy task to rebuild two great civilizations that have been suffering oppression & misrule for centuries.

We each have our difficulties we shall work out as friends, friends who are animated by similar purposes, seeking a free & full development for the two neighboring peoples. The #Arabs & #Jews are neighbors in territory; we cannot but live side by side as friends.

Very respectfully, (Sgd.) Felix Frankfurter"

#Education #Israel #PalestineImage
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So what happened?

Few months later, British created & empowered the 1st Palestinian Arab #terrorist - an evil man who later worked with #Hitler during #WWII named Amin al-Husseini (see photo)

With British supporting/funding al-Husseini, Arab opinion turned violently against Jews (typical British Empire strategy of “divide & conquer” so native population would “ask” #Brits to "stay & keep the #peace”).

In 1920, al-Husseini, a pan-Arab nationalist who had served in the Ottoman #ARMY, began organizing small groups of Arabs called fedayeen (an Armenian word meaning “those who sacrifice themselves” or “redeemers”).

The fedayeen attacked Jewish farms in the #Jordan Valley & Galilee to terrorize Jews into leaving & prevent more Jewish #immigration.

But on Passover in 1920, things took a much darker & much more violent turn.

From April 4-7, 1920, during Passover & the annual Nebi Musa procession in Jerusalem (a Muslim festival & march to what Muslims consider the “tomb of Moses” in the Judean desert, ~7 miles south of Jericho), a 23-year-old al-Husseini (whose family had been made custodians of the tomb by the Ottomans) incited the first major #RIOT against Jews in Eretz Israel in the 20th century.

British occupying forces (weeks shy of Mandate implementation) withdrew & forced Jewish police officers to also withdraw from the Old City.

The result?

No one to stop the al-Husseini-incited Arab mob of tens of thousands from attacking Jews & looting their shops.

It was later learned British Colonel Waters Talor (financial advisor to Military Administration in Palestine) met with al-Husseini in the days leading up to the riot & told him to use the festival to show the world that #Zionism was unpopular not only with the British Palestinian Administration, but with the Arabs as well.

Colonel Talor told Al-Husseini that if there was sufficient violence (especially on #Easter), then British Generals, Gols & Allenby would advocate abandoning a Jewish state.

He further told al-Husseini that “#freedom” could only be “obtained through violence.”

Meanwhile, on their way back from the pilgrimage, al-Husseini whipped up the crowd into an anti-Jewish frenzy, & they marched through Jerusalem’s Jewish Quarter chanting, “slaughter the Jews” & “the [British] government is with us.”

By 10:30 am on April 4, 1920, 60,000-70,000 Arabs were congregated in the Old City, & al-Husseini’s followers had already been attacking Jews for more than an hour.

This was not enough for al-Husseini. So, he gave a speech to the gathered ~65,000 Arab #Muslims & said, “if we don’t use force against the Zionists & against the Jews, we will never be rid of them.”

The crowd shouted back at him, “#independence!” & “the Jews are our dogs.”

Arab #police officers (who were not forced to withdraw by the British) joined in applause; & the #mob knew it had free rein to terrorize Jerusalem’s Jews.

The ancient Jewish Quarter of #Jerusalem was ransacked.

Torath Chaim Yeshiva was raided. Torah scrolls were torn & thrown on the floor; the building was set on fire.

Over the next 3 hours alone, at least 160 Jews suffered minor to severe injuries.

The longer the riot went on without anyone there to stop it, the more bloodthirsty the crowd became.

The Arab festival-goers began chanting, “we will drink Jewish #blood.”

Suddenly, not only were Arab Muslims rioting, but Arab #Christians joined in as well & carried signs that said, “Will we betray our land for the murderers of #Jesus?”

There were decent Arabs in Jerusalem that day also.

Khalil al-Sakakini – a Palestinian Orthodox #Christian teacher, scholar, poet, & Arab #nationalist – wrote about seeing Jews covered in dust & blood when he noticed an Arab with a sack filled with loot approach a young Jewish shoe shiner.

He took the boy’s shoeshine box & started beating him in the head with it.

The Jewish child, covered in blood, began screaming & ran away.

The Arab attacker then simply rejoined the procession as they chanted, “Muhammad’s religion was born with the sword.”

Al-Sakakini wrote that this episode made him “nauseated & #depressed by the madness of #Humankind.”

Eventually, British troops imposed a #curfew & arrested several dozen rioters.

But the following morning, they permitted those same rioters – including the ones arrested – to attend morning #prayers; & attacks against Jews continued.

Jewish homes were broken into, especially in buildings that were Jewish-Arab mixed.

Then, the attacks got more brazen.

Arab rioters set Jewish homes on fire & smashed Jewish tombstones.

The violence increased.

The emboldened, crazed rioters began raping & murdering Jews.

So, what did the British do?

They evacuated the Old City.

And what do you think happened the next day?

More riots.

On the morning of April 6, Arab rioters attacked Jews near Hannah Yaffa & the Temple Mount.

There, three Jewish families had been holed up in their homes since the riots began.

The rioters broke down the doors & beat the families – including children – with iron bars. Two young women (aged 25 and 15) were raped.

The Nebi Musa Riots led to Jews arming themselves & learning to defend themselves in their Land. But, up to this point, the Jews had no training & no weapons.

Ze’ev Jabotinsky had a small group of Jews trained in #SelfDefense ready to go in & try to defend their Jewish brothers & sisters. But British troops refused them entry.

7 Jews were murdered, at least 216 Jews were injured (18 of which were left in critical condition), & due to underreporting, it is unknown how many rapes were committed.

Eventually, after strong outcry from Jewish leaders, British authorities named al-Husseini the principal instigator of the riots.

But naming him the instigator of the riots against Jerusalem’s Jews only caused al-Husseini to rise in popularity among the Arab population.

Suddenly, he was seen as leader of Mandate Palestine’s Arabs, & the British crowned him “Grand Mufti” only months later.

The British Palin Commission of Inquiry into the riots also wrote: “all evidence shows that these attacks were of a cowardly & treacherous nature. Most were against the elderly, women and children – the majority were wounded in the back of the neck.”

Even more damning, the Inquiry heard eyewitness testimony that #British administration officials had sided with the Arabs & helped incite the anti-Jewish riots.

Now, this next part is (like the Feisal/Frankfurter letter) VERY important because MANY OPPORTUNITIES for peaceful coexistence were missed/lost along the way.

Many Arabs were disgusted by the riots.

Sheikhs from 82 villages around Jaffa & Jerusalem (who claimed to represent 70% of the population) drafted a document expressly condemning the anti-Jewish riots & proclaiming #Zionists were “not a danger” to Arab communities.

In fact, similar express declarations were sent to #London in 1922 where hundreds of Palestinian Arab sheikhs & muhktars put their names to letters supporting #Jewish immigration to improve industrial development of the land, & therefore the lives of their fellow Arabs.

Meanwhile, the British were not done empowering Arabs to murder Jews.

In addition to naming al-Husseini “Grand Mufti,” the British colonial gov't also appointed al-Husseini head of the Supreme Muslim Council (an organization that previously did not exist) & provided him extensive resources.

Unfortunately, al-Husseini kick-started the kleptocratic & autocratic traditions of #Palestinian Arab rulers.

Just as Mahmoud Abbas is currently in the 19th year of his 4-year term, al-Husseini’s term as head of the Supreme Muslim Council was supposed to last only 5 years – but, of course, he never gave up the title or permitted elections.

Al-Husseini also maintained total control over the sizable stipend provided to the Council by the British colonial gov't, & he seized all Muslim #charity money & started new charities of his own – all donations went to the “Grand Mufti.”

Sound familiar? It’s exactly what Arafat & Abbas did & continue to do – get hundreds of millions in aide donations from well-meaning states & organizations, & then steal that money.

In addition to controlling all Muslim money, al-Husseini seized control over all mosques, #Muslim schools, & Muslim courts.

He ran the Palestinian Arab institutions like a gangster such that no one could reach a position of power in the Arab community without first “kissing the ring.”

He even had his own “button men,” which he used to systematically murder Palestinian #Arabs from rival clans/tribes.

Specifically, any clan/tribe that dared discuss cooperating with #Jews was violently targeted by the Grand Mufti’s thugs.

To be fair, some of the money al-Husseini controlled was put to constructive use. The now-iconic golden dome over the Dome of the Rock was funded by al-Husseini. He also initiated renovations at the #AlAqsa Mosque & #Temple Mount, both of which had fallen into complete squalor & disrepair under the neglectful Ottomans.

Al-Husseini’s goal in ordering the renovations was to increase the prominence of Jerusalem in the #Arab & Muslim world. It worked.

Muslim #Palestinians are traditionally Sunni & see Jerusalem as the third holiest place in #Islam after #MECCA & #Medina.

Jerusalem rose in prominence among Sunnis in part because of political turmoil in the 7th century when the House of Umayyah, which ruled in Damascus, adopted Jerusalem as a religious & political center to compete with Mecca.

On the other hand, Shi’ites traditionally did not see Jerusalem as a holy place. Instead, the Shi’ites reviled Jerusalem for having been “sanctified” by the House of Umayyah whom Shi’ites despised for murdering Hussein bin Ali.

Today, however, you will note that both Sunnis &Shi’ites (like the #Iranian regime) essentially compete for the title of “protector” of Jerusalem because of its anti-Israel &/or anti-Jewish jihadi connotations & the desire to be seen as the “protector” of all Muslims.

#Education #Israel #PalestineImage
And here is a 90-second video clip on the April 1920 Nebi Musa Riots by the al-Husseini-incited #mob of ~65,000 #Arabs against the #Jews of #Jerusalem for those interested in more.

#Education #Israel #Palestine
Read 4 tweets
Sep 22, 2023
Think forcing #Jews to wear a yellow badge so they could be "marked" for "special treatment" originated in #Nazi #Germany?

Nope - you're only be off by about 2,700 miles & more than 1,100 years.

And that's just the first time Jews were forced to wear distinctive clothing.
Image
Forcing Jews to wear distinctive clothing began in #Baghdad in 807 CE when Caliph Harun al-Rashid made all Jews of Baghdad wear a distinctive yellow belt (below).

This practice occurred in variations across the #MiddleEast, #Europe, #Russia, & North #Africa for centuries. Image
Also in 807 CE, al-Rashid gave the Jews the option of instead wearing distinctive yellow fringes as long as they were visible to #Muslims. Nice of him. Image
Read 9 tweets
Sep 17, 2023
PART 1

Abbas Uses KBG-Style Disinformation to Deny & Erase Jewish History While Inventing “Ancient” Palestinian History 🧵
The 25,000 “Mitrokhin documents” from KGB archivist & defector Vasili Mitrokhin (below) prove Abbas (like Arafat) was a KGB agent (with the code name “Krotov”) & was trained in Moscow in the late ‘70s/early ‘80s. Image
Mitrokhin corroborates highest-ranking Soviet defector, Lt. Gen. Pacepa, on the KGB creating the PLO & running Operation SIG to destroy the Jewish state through disinformation & terror; and he also revealed that subverting Israel was, for the KGB, 2nd only to subverting the US.
Read 20 tweets

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