On July 6, 2009 Noam Shalit addressed the members of the United Nation fact-finding commission on Gaza headed by Judge Richard Goldstone. This commission was formed to lay all blame on Israel, not even considering that Hamas should bear blame too.
Noam Shalit is the father of Israeli POW Sgt. Gilad Shalit who has been illegally held in Gaz for 3 years. His words are painful and telling:
From UN Watch
My name is Noam Schalit and I am the father of the kidnapped Israeli soldier Gilad Schalit.The Geneva Conventions of War has the following on the treatment of prisoners:
Honorable members of the Mission - I thank you for giving me the opportunity to address you today. I thank you, also, for allowing me to make my testimony public. I know that this Mission is determined to give the victims of the recent conflict in Gaza an opportunity to make their voice heard. So - with your kind permission - I would like to use this distinguished forum - the United Nations - first to address you and then to address the people of Gaza and, in particular, the people holding my son Gilad.
Honorable Members of the Mission, a few weeks ago you were in Gaza. You met the Hamas hierarchy. According to the Ma’an news agency - Mr. Ismail Haniyya welcomed your mission deploring what he viewed as Israel’s grave violations of international law. The same news agency reported that the Mission thanked Mr. Haniyya for his cooperation in facilitating its work. Sirs and Madam, if this cooperation is indeed genuine then the same HAMAS hierarchy should honor your eventual findings - whatever they may be.
And I have no doubt that after you read my written submissions, you will determine that my son’s violent abduction and his continuing detention subject to extortion is, equally, a violation of international law. After you hear the cassette recording of my son’s voice - released on the first anniversary of his capture - you will be shocked by the callous cynicism of his captors and the grief that his words have caused me and my family. These are words that he was forced to read. You will also find, without a doubt, that the refusal to allow him access to the Red Cross, if not a war crime is, at least, a gross act of inhumanity and an aggravating circumstance.
Members of the Mission - The same Geneva Convention of 1949 which this Mission will use to judge the legality of the Israeli attack on Gaza forbids the holding to ransom of an individual - whether he be soldier or otherwise. The same Rome Statute of the International Criminal Court by which the Palestinian Authority seeks to charge the Israeli hierarchy condemns the HAMAS leadership no less for the crime of taking hostages - soldiers or otherwise. The same court in The Hague where the Palestinian Authority pursues Mr. Olmert may equally investigate Mr. Masha’al who - with his Jordanian nationality - falls squarely within the jurisdiction of this institution.
But what is the purpose of this honorable Mission? Is it really to lay the basis for a future criminal prosecution? Or is it, perhaps, to effect reconciliation? Know that the minds and hearts of the Israeli people are with my son on a daily basis. His release - which it is within your power to promote - will bring about such reconciliation.
And now, with you permission, I would like to address the Palestinian victims of Operation Cast Lead.
People of Gaza, I do not come before this Mission as a representative of the Israeli State. I come neither to condemn nor to justify the recent Israeli operations in Gaza. I am not a politician nor do I care for politics. I am a civilian and the father of three.
I last saw my son Gilad on Wednesday 21 June 2006 when he returned to the military service which his country obliged him to perform by law. A few days later, his patrol was sabotaged by armed Palestinians, two of his fellow soldiers were killed before his very eyes and he was abducted. He was nineteen years old at the time. A shy boy with a nervous smile and a studious disposition. Like many his age, all that occupied him were his studies and sport. To all those who know him, he is gentle and sensitive to the suffering of others - a trait he has shown from an early age. At the age of 11, his teacher asked him to write a fable. His drawings and narrative have now been published. I am giving the Mission a copy of this book. You can read it if you wish. The story of a shark and a fish who became friends against all the odds. Need I say more? Suffice to say that the will for peace and security can overcome fear and distrust.
People of Gaza - Do not overlook the circumstances of my son’s service nor of his capture. He was not attacking your territory. He was not even in your territory. He was operating within the sovereign territory of the State of Israel - protecting the integrity of what was supposed to be a border of peace after a complete Israeli withdrawal.
Your leaders say Gilad is a prisoner of war. I say he is an abductee. The difference is in the interpretation of the law. But even if your leaders hold my son as a prisoner of war - why will they not allow him the privileges which attach to such a status ? Gilad has no contact with the outside world. Your leaders refuse him access to the International Committee of the Red Cross - the same Red Cross which regularly visits your people held captive in Israeli prisons. The same Red Cross which protests the violations of their rights to the Israeli Government.
People of Gaza, your leaders are fighting to return your sons and daughters from captivity. This is an understandable desire. You may agree with such a policy. Many of you, however, will realize that the fate of an entire prison population cannot depend on the ransom of one young man.
Your leaders have committed a crime with respect to my son. They hold him to ransom and, by the same token, they hold all of you to ransom. For three years now, you have been held hostage to the inflexible demands of your leaders and their unwillingness to compromise. They issue demands which, I fear, the Israeli Government will never meet. My son’s fate is the means through which your leaders distract your attention from the destruction they have brought upon you. Is this humane? Are these the acts of an honorable regime?
People of Gaza - Do not ignore the root cause of our mutual suffering. You know that the injustice done to my son was the trigger for war. You also know that the release of my son is the key to peace and the lifting of the Israeli commercial blockade. A small gesture and a little effort on both sides can relieve the misery of many.
President Sarkozy of France recently told Prime Minister Netanyahu that your leaders would not release Gilad until Israel freed prisoners. I am not a party to talks on prisoner release. I am not consulted on numbers and I have no say in the conduct of negotiations. Like many of you, all that concerns me is that the one I love returns home. Do those of you who are waiting for the return of those close to you care for the politics? Do you care for the posturing of your leaders? Or do you - like me - wish that this war and what caused it would never have happened?
But if a prisoner exchange need be the course we are forced to adopt, let reason and moderation overcome excessive demands. Let not a stalemate in the negotiations prevail over the will of the people. Let not stubbornness triumph over compassion.
People of Gaza - like many of you, we are suffering the consequences of the decisions and failures of others. Like many of you, my family and I have been caught up in a web of violence. Like many of you, I pay a heavy price on a daily basis. I know that you are short of food. Some of your loved ones have been killed - women and children, young and innocent. I understand your distress and sympathize with your grief. I have visited your wounded from Beit Hanoun and, have witnessed, at first hand, the unnecessary suffering and the unspeakable atrocity of war. But even so, I do not compare suffering. As a parent speaking to a multitude of parents - I ask you to understand my family’s anguish. As the days go by, we begin to despair. We despair of the day when we will see our son again. I know neither where he is held nor how he fares. Whether he is injured or whether he is even alive.
And finally to the people holding my son: I urge you to release my son. You have the power to act with grace. Do it for the respectability that you wish the international community to accord you. Do it because you see yourselves as statesmen acting with humane intent. Do it for the sake of the respect you say you show this Mission. Do it not for gain but do it, I beg you, because it is the just and right thing to do. But most important of all, do it for the peace and welfare of your own people.
Hamas is in clear violation of this article.
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply, as a minimum, the following provisions:
To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) Taking of hostages;
(c) Outrages upon personal dignity, in particular, humiliating and degrading treatment;
2. The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.
The Rome Statute of the International Criminal Court has the following:
While International Law is clear, I fear that Noam Shalit's words have fallen on deaf ears. The world doesn't want to hear how Hamas uses civilians to hide behind (in total violation of International Law). Or how they and their Muslim allies have lied to the UN and the press for the last 20 years, crying victim when they are the victimizer. Goldstone's commission has already come to their conclusion, regardless of what the Law affirms. That conclusion will condemn Israel and praise Hamas.Article 8 War crimes
1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.
2. For the purpose of this Statute, "war crimes" means:
(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
(vi) Willfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
(vii) Unlawful deportation or transfer or unlawful confinement;
(viii) Taking of hostages.
In a sane world, the world would have condemned Hamas, imposed sanctions and raised a fuss until Gilad was returned and all attacks on Israel stopped. but this is not a sane world. No one cares about a lone Israeli POW except Israel. The world stays silent, a father worries about his son, and Hamas is praised by all for their actions.