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ICJ Occupation illegal (Part 3: Implications)

In its historic July 19, 2024, advisory opinion on the legality of Israel’s occupation of Palestinian territories, the World Court (International Court of Justice) unequivocally set out the obligations of Israel, other states and the UN in its conclusions. The Court said that Israel has an obligation to end its occupation which it called: “an unlawful act of a continuing character, entailing Israel’s international responsibilities” brought about by Israeli practices and policies. It must end the occupation “as rapidly as possible”.

Significantly, the Court made clear that Gaza remains part of the occupied Palestinian territory, and has been since 1967, despite Israeli claims to the contrary when it removed its settlements from Gaza in 2004. The Court stated that the decisive criterion is the authority the occupying power holds over the particular territory, not the physical presence of the occupier inside the territory. This means that Palestinians in Gaza have the legal right to resist their occupation even if that means using force, and the Israelis do not have the right to use force against this occupied population.

It stated these as Israel’s obligations:

  1. Cease all new settlement activity (West Bank & East Jerusalem).
  2. Repeal all legislation and measures creating and maintaining the unlawful situation.
  3. Provide full reparations, be they restitution, compensation and/or satisfaction. This includes return of the “land and all assets” since 1967, including all “cultural assets” to the Palestinian people.
  4. Removal of all settlers.
  5. Dismantle the parts of the Wall that are in occupied territories.
  6. Return of Palestinians to their residences displaced during occupation. If they can’t return, compensation is required.

(ICJ Video of ruling @ 1 hr.6 min.)

The Court indicated that all states must cooperate with the UN to put the modalities (which will be created by the UN to realize Palestinian rights to self-determination) into effect. To this end, the Court stated that all member states are under obligation NOT to recognize the occupation as legal, NOT to render aid to Israel to maintain the occupation, and to distinguish between Israel and the occupied Palestinian territories.

What difference could this make for Canada?

Abiding by the ruling of the ICJ means that people can no longer be prosecuted or discriminated against for boycotting Israel. The BDS (Boycott, Divestment, Sanctions) movement will not be targeted; it will be the law to oppose the occupation, exactly what BDS has been advocating since 2005. The “IHRA” (International Holocaust Remembrance Association) definition of anti- Semitism which has been promoted by our government will have to be shelved. The definition

is designed to prevent criticism of Israel. Under this ruling, condemning and refusing to aid Israel’s occupation in any way is a legal requirement. The 200+ Canadian charities that funnel money to Israel (which has a GDP per capita the same as ours by the way) to support its settlements in occupied territory and the Israeli army that enforces occupation, may well go the way of the Jewish National Fund and the Ne’eman Foundation of Canada, both of whom just had their charitable status revoked by the CRA, after years of public complaints about illegal misuse of our taxpayer money. (info@justpeaceadvocates.ca. 10 August, 2024)

The International Criminal Court will now have the backing it may feel it needs to issue the indictments of Netanyahu and Israel’s Defence Minister Yoav Gallant that the prosecutor has requested. And they may well issue more arrest warrants for senior Israeli government and military officials if Israel fails to comply with the ICJ ruling.

The World Court articulates a vision for a world that considers everyone equal. Their rulings have a moral aspect to them, which was set out by our predecessors in 1949. International human rights law and humanitarian law set out standards for global cooperation and understanding – not only the legal aspects – that we often don’t see recognized in Western courts. This opinion, like the ICJ’s 2004 ruling that Israel’s Separation Wall is illegal, will likely be ignored by Western media and politicians. That ruling was much narrower though, than the current one. It was about the Wall, not the occupation. It imposed no obligation on states other than Israel. Independent journalist Jonathan Cook, formerly with The Independent,

calls this ruling “earth-shattering” and then says, “Israel is a rogue state, according to the world’s highest court. For that reason, the judgment will be studiously ignored by the cabal of western states and their medias that for decades have so successfully run cover for Israel”. (Jonathan Cook, 23 July, 2024)

Ignoring a law doesn’t make it less valid. History will point to these moments of truth-telling, and see the ICJ as being a court of integrity, despite its shunning by US empire and its sub- contractors, who would prefer not to know of these inconvenient decisions. That’s the thing about our World Court and the rule of law and why our civilization established it in the first place. It’s not just there to do our bidding. It’s there to articulate basic principles of international law – how to organize our global society in times of conflict – and give guidance on human conduct in order to help us to survive in the only home we have – planet Earth. We would do well to pay attention.

summer haiku

summer haiku

some are bees, some not
summer bees don’t live ’til fall
there’s still time to fly
 
 
thomas p. hunterson

Cowboy Corner: The Holiday

As I stood on the sandy tropical beach watching the sun set in the western sky, I couldn’t help but wonder how many people had stood there before me, witnessing the same awesome beauty. Then I wondered how many of those people had stood there in bright yellow polyester pants that were four sizes too small, with a ten inch zucchini stuffed in the crotch, like I was.

platter of facts

Fanfarra Cinemática presents ‘Music for The General’

 A unique opportunity is coming to Denman Island when the wind ensemble Fanfarra Cinemática presents an evening of live music and silent film.  Buster Keaton’s masterpiece of silent movies, ‘The General,’ will be paired with veteran composer Gregg Moore’s innovative, entertaining, and eclectic score. 

Moore, an accomplished wind, horn, and string musician, passed the greater part of his career in Europe where this score was originally commissioned by the Cine Clube de Covilha in Portugal. Together with production manager Ruthie Tilston, Moore has assembled a six-person multi-generational ensemble of talented musicians including a trumpeter, a clarinetist, a percussionist, and two saxophonists.  This sextet guarantees to entertain with a thrilling combination of cartoon music, circus mayhem and 19th century parlor music.

This diverse music provides the perfect backdrop to Keaton’s silent movie, ‘The General’, widely considered to be the pinnacle of the early years of cinema.  Keaton upended convention by setting a comedy in the American Civil War and portraying the Southern cause as the ‘good guys’ in a love story of a plucky railway engineer saving his beloved train as well as his heroine. Throughout the movie, Keaton displays his signature physical theater and storytelling genius.  

  Best thought of as a concert of music with visual accompaniment, the sum provides a rollicking good time for all ages! 

When: Saturday, August 17th

Showtime: 7:30pm

Where: Denman United Church

Tickets: $15. Available at the door (cash or e-transfer).  

*Children under 12 free. 

Please email Ruthie Tilston at ruthietilston@yahoo.ca for reservations and any further information.

Community Feast August 27th

Community Feast August 27th

The FREE Community Feast is back for its third year! We had an incredible turnout last year (nearly 400 people!), and the Uvic Students are gearing up to offer another evening of scrumptious local food and community connection to islanders. 

What: a free community feast, featuring a range of local meats and vegetables. There will be gluten free and vegan options available. All are welcome. 

When: Tuesday August 27th

Time: 6:30pm dinner will be served

Where: Community Hall 

There are a few important changes we are making this year: 

– Please bring your own plate, cutlery and cup. 

– We are seeking volunteers to help serve food! (please email Teesh at: teeshy@gmail.com).

– There will be two buffet lines to help alleviate the length of time it takes to get your food.

Some of you may remember from last year, but for those of you who haven’t been to the feast before here is some explanation of why this event exists! 

There will be 19 Students camping on Denman for the last two weeks of August through a course named “Cultivating Alternatives to the Dominant Order” through the department of Environmental Studies at the University of Victoria. Nick Montgomery is the instructor, and Teesh Gardner and Emily Guinane will be helping run the field school (along with a TA named Julia Weder who comes all the way from Haida Gwaii). 

The program gives students a glimpse into the many ways people on Denman are creatively responding to the challenging political, spiritual, emotional and economic times we are living in. From visiting a local land cooperative, to learning about off-grid power systems, all the way up to uncovering the concept of attention liberation through bird language- the students will have the opportunity to see a snippet into the weird wonderfulness that exists on this tiny island. 

Through the course the students learn how to use consensus decision making, and ultimately the feast is their opportunity to practice these skills. The students will spend many hours preparing for the feast and creating a system of cooking and cleaning that works for everyone involved, and that uses the local ingredients we’ve sourced. 

Ultimately, the feast is a gift back to the community for the hospitality and rich learning experiences the students will carry with them, as well as an opportunity to support local growers and producers on the island. Not only this, but the feast is yet another opportunity for the students to see the incredible social fabric that exists on this little island, and the unique culture that has been cultivated through many generations of resistance, bravery and creativity. 

We hope you will join us, and please share the word with your neighbours!

Teesh, Emily, Nick & Julia 

(the field school crew)

Letter to the Editor – William Thomas

ROGERS CELL TOWER APPLICATION DENIED

A 20-month campaign by concerned residents to stop Rogers Communications from erecting a constantly radiating, 210 to 250-foot, seven-antenna cell tower in the centre of Hornby Island has ended with the Local Trust Committee delivering an emphatic thumbs down to the monster telco from Toronto. 

The disturbingly delayed decision came after a legal opinion by barrister & solicitor, Carla Conkin — an Islands Trust procedural expert retained by the Concerned Residents of Hornby Island (CRHI) — found that an Islands Trust planner had improperly blocked trustee Alex Allen’s original call for nonconcurrence in September 2023.

Allen was vindicated 10 months later, when he notified this reporter on July 11:

We just passed this at an RWM : That the Hornby 

Island Local Trust Committee does not concur with

the proposed location for the Rogers Communication

Inc. tower on Provincial Crown land on the west side

of Central Road across from the fire hall, Hornby 

Island.”

Finally, it’s over. 

Or is it? 

Can this decision by Hornby’s LTC be overturned by federal regulators? Or the province, whose ruling is expected within weeks?

Technically yes.

In practice, no.

ISED (formerly Industry Canada) did not overrule the Hornby LTC’s vote against the Telus tower. To do so now would contravene the industry’s own guidelines, which defer to local government decisions, while risking a firestorm of adverse publicity.

On the provincial level, affordable housing remains a top   priority. Which complicates the situation for Rogers, because, after two years of bureaucratic box-checking, the Hornby Island Economic Enhancement Committee has formally applied for permission to build critically needed community housing on this same elevated parcel of Crown Land.

It’s been a long and unfair fight. As the “Preserve and Protect” smokescreen begins to clear, what lessons can be learned from this latest Islands Trust debacle?

“We got to this place because our LTC refused to uphold our community plan,” charges Helen Grond. “The application should never have been considered in the first place because it directly contravenes our OCP.”

Is she right?

Although Rogers rep Brain Gregg publicly boasted that his client’s tower would also serve “boaters” and nearby islands, Section 5.5.4 of Hornby’s Official Community Plan stipulates: “All public service and utility installations on the Island should be for servicing Hornby Island only.” 

Trust corporate planners “always deferred to Rogers, never to the community,” Grond continues. “They put us thorough hell. We spent thousands of dollars to fight this. The ordeal we were put through trying to protect our island is completely unacceptable on all levels.”

This longtime Hornby resident wants to “remind” Trust officials that not only are cell towers inappropriate for Hornby Island, “it’s enough that cell towers are disallowed in our community plan.”

Speaking for many, she warns Trust officials: “Don’t think for an instant that you can come at this again.”

William Thomas

Green Wizardries: Summer Colds

I keep hearing my friends and neighbours complaining about a spectacular summer cold.  A lot of them think it is Covid 19 but as they have not been tested, I think we can accept this as speculation.  Indeed, the testing method for Covid 19 is deeply flawed with many false positives and false negatives.  The cold, whatever its cause, is a bad one leaving people feeling quite weak, fatigued and with a terrible cough.  

A dear old friend complained to me that she had Covid and I said, “You can’t have Covid.  You had all those shots!”  She either gave me a sardonic smile or simply bared her teeth at me.  I found it peculiar that everyone who was telling me they had a bad cold was a person I knew to have taken multiple Covid 19 vaccinations.  To check how the unvaccinated population was doing, I went to a beach party with my friends in the unvaccinated community.

You would never believe the way people reacted to old friends and family members during the Covid 19 flap, refusing to see them and in some cases, demanding their relatives take the untested gene-therapy shots to be able to see their grandchildren.  Yes, some people behaved very badly.

So, some of the loveliest people I know got together and created a social club for the persecuted unvaccinated people on Denman and Hornby Islands.  We have been meeting regularly and even though the overt persecution of people who wanted to make their own medical choices (my body, my choice, remember?) is largely over, we still like to get together and party.  

So, I asked about twenty people if they had experienced a bad cold in the last six months.  “I haven’t had a bad cold in the last five years,” was a typical response.  Everyone was quite healthy until I came to one of the older ladies who had indeed had the bad cold for about three weeks and complained that sometimes, she was coughing so hard, she could not catch her breath.  

We had a little chat and it turns out she was not taking any extra vitamin D.  She thought she would be getting enough in the summer being outside and working on her gardens.  Well, that is not quite true.  As people age, they stop being able to generate vitamin D so well through exposure to the sun.  I was astonished to hear an Israeli Doctor who was not above fifty, and who swam several kilometres in the sea daily, find he was deficient in vitamin D.  

I take vitamin D in drops every day of between 5000 and 10,000 IUs.  I never got sick during the pandemic and neither did my friends in the unvaccinated community.  In fact, not only did we not get colds, we also did not have heart attacks, strokes or turbo cancer while a lot of our vaccinated friends and neighbours did get these devastating conditions.    Vitamin D is really essential for good overall health.  

I am mentioning how ineffective the Covid 19 gene therapy shots were to prevent catching and transmitting the virus, not to rub anyone’s nose in it but to ask people to think about novel medical procedures that are untested and unproven.  We heard a lot about the Covid 19 injectables being safe and effective.  How could big pharma possibly have known they were either safe or effective if they had never been tested for safety or efficacy?  

People took the shots to be protected from a devastating illness that might kill them.  I understand that a lot of people were afraid.  We, who did not want to rush in to taking an untested drug, were told that we would get so sick that we would destroy Canada’s hospital system.  Well, we did not get sick and we did not go to hospital.  One of my neighbours, had to get all the shots because his employer  insisted.  He has had one terribly bad cold after the other and his health is quite spoiled.  He had robust good health before he got the shots and is now unable to work.  If you got the shots and are still healthy, good for you but a lot of people were harmed by the shots.  

So, next time you are being inundated with fear porn and herded like a bunch of panicked sheep into taking some novel and untested drug, perhaps you will remember how things went last time.  There is a joke in the States that the Amish didn’t get Covid 19 because they didn’t have televisions.  They also refused the shots and they insisted on going to church and taking communion together.  Their rate of mortality in Lancaster County Pennsylvania was the same as it was for their vaxxed up neighbours.  But, I suspect their overall health is much better, just like ours is in the unvaccinated community here.  

Shucking Oysters: Chuck You Farley

Feeling a little bit irritable? Restless? Frustrated? Sensitive? Impatient? Aggressive? Do you find yourself getting increasingly angry during the summer months? There’s a name for it: Summer Rage (as opposed to Summer Mcintosh, three-time Canadian Olympic swimming medallist). Hot and bothered is a more common term.

In the summertime, the living is not easy. Our baggage gets challenged and compromised. For those who thrive on structure and routine, the summertime can disrupt regular schedules. We all know the frustration of getting on and off the ferry, after a simple town appointment. And on a hot day, with no shade in sight, waiting for two hours or more is not fun, no matter how many cold beverages you may have. 

Family dynamics can be particularly challenging. Increased time spent with the kin, especially if there are unresolved conflicts or strained relationships, can amplify tensions. I certainly see this magnified 200X with visitors in the summer. It’s disconcerting witnessing mother’s yelling aggressively at their child at some minor infraction. Men verbally abusing their wives for misdirecting the camper trailer in the parking lot. Even their dogs are treated with disrespect. Wow. If this is what you are like on holiday, I don’t even want to imagine what you are like at home. 

Air rage, road rage, inanimate object rage, passive rage, narcissistic rage, summer rage. According to Gallup’s Global Emotions report, negative emotions remained at their highest level in 2023. Anger is a piece of this data, and it remains near an all-time high worldwide. Why are we so angry? We’re tired. We’re overwhelmed. We’re afraid. And we’re hot. Seneca called anger “a temporary form of insanity.” 

“As a general rule, I think all of us clinicians especially agree that there is a really interesting demonstrable relationship between heat and a whole cluster of interpersonally antisocial behaviour,” said Kim Gorgens, clinical professor in the Graduate School of Professional Psychology at the University of Denver. “So, irritability, hostility, aggression, being discourteous – not necessarily criminal behaviour, although there’s an association there, too, but a much bigger bucket.” 

Studies show that violent crimes like murder and aggravated assault are much more likely to happen when the temperatures are high. Even in prisons, a 2021 study found an 18% increase in violence between inmates on really hot days. Two studies in 2021 and 2022, found that mental health-related hospital admissions and emergency department visits for conditions like anxiety, depression, schizophrenia, and others increased with high temperatures. 

A 2021 study in the Lancet warned that “interpersonal violence in hot weather is likely to continue and increase in the future with increasing temperature due to climate change.” In other words, the hotter the world, the hotter we will become. Fun.

Everyone gets frustrated, upset and angry. But some people can get out of control. Are we getting angrier as a society or are we just less inhibited about acting out? We’ve all seen some form of rage at least once. Joe Kita wrote on WebMD: “I used to think these people were just jerks, but it turns out these angry outbursts may be caused by a little-known psychological condition called intermittent explosive disorder, or IED.” 

In the most recent version of the Diagnostic and Statistical Manual of Mental Disorders, there’s a whole section on IED. (The fact that it shares an acronym with an improvised explosive device was coincidental.) 

Michael McCloskey, professor of psychology and neuroscience at Temple University explained: “if someone tries to punch you and you punch them back, that’s not IED. But if someone says they don’t like what you’re wearing and you punch them, that could be indicative.”

People with IED don’t plan their outbursts. They just happen. They snap. Not surprisingly, IED tends to be more common in men. Males are typically more physically aggressive, while women are more verbally aggressive. Those in their teens, 20s, and 30s, are more likely to have IED, after which it gradually eases with age, although the threat of an outburst is always lurking.

And in this mad, mad world, we have rage and anger rooms. Places where you can go and, for a fee, destroy computers, furniture, mannequins, or just about anything you’d like. The theory is that venting your anger in a controlled setting is better and safer than letting it out in the real world. The sessions can range from 15 to 30 minutes and they provide you with inanimate objects, or you can bring your own plates, cups, glasses, beer cans, wine bottles, jars, picture frames, ceramics, ornaments, old candle jars, and mason jars. But not aerosol cans, propane tanks, explosives or toilets.

In Richmond, there’s the Anger Room, “a place where you can bring all of life’s frustrations and let loose to your heart’s content.” Helmets and gloves are provided, but they do recommend that you wear “something thick as a secondary layer as there is always a chance of debris flying or ricocheting.”

“If you don’t have an aggression problem, it’s probably just good fun,” said McCloskey. “But if you do, then it’s unlikely that it’ll be an effective strategy for managing it. All it’s doing is reinforcing the way to approach a problem is to act out aggressively.”

The next time you do find yourself getting irritable on a hot day, feel free to blame the heat. It’s the rage.

Letter to the Editor – Kris Christensen

“Easy now fellow islanders”

Regarding the back up for cars waiting along East Road in line for the Hornby ferry I would suggest that people irate about this situation take a deep breath and calm down.

There is no panic and nobody’s is being run over etc.

I live on East Road close to the ferry terminal ( 28 years ) and watch the proceedings daily and generally speaking there is absolutely no reason to hit the panic button. A little patience and some general goodwill towards other people on the road is all it takes. Inconvenient from time to time yes, but no big problem.

My driveway has on occasion been blocked but when I leave with my boat in tow  heading for Bill Mee boat launch visitors to Hornby will gladly make room if needed. Usually it is not even necessary.. As for passing the line up in the “wrong” lane same thing.

My advise. Take it slow, give them a little smile and it all works out.

Remember to look out for the little ones and their pet dogs.

As for the emergency vehicles etc. yesterday I watched the ambulance pass a long line up driving in the “wrong “ lane without any problem. The driver was courteous and very slow with lights on.

So please tone down the rhetoric, take it easy and let us not get into police/tickets ( for what btw, being on the road ? ) ragging on BC ferries, traffic controllers etc.

We live on an island and can surely take an extra 15 seconds delay as a minor inconvenience.

Be patient. And kind.

Kris Christensen, 

5315 East Road