(From the Suburban, March 10, 2011) 

Gilad Schalit has been held hostage by Hamas in violation of every international law, human rights and humanitarian treaty, for over 1700 days, 4.5 years, and denied any contact with the outside world. No visits by the Red Cross, no Geneva Convention protection, no international humanitarian law protections, no letters or packages from his family, no details of his physical condition, no reference anywhere to his location, nothing.

Indeed, at the time of the flotilla incident last June, self-styled peace activists bringing supposed humanitarian aid to Gaza rejected even a request by Schalit’s family to bring his son a letter and small package. As a prisoner of war – let alone one held hostage – Schalit is entitled to certain basic rights as enunciated in the Third Geneva Convention: article 13 – humane treatment; article 27 – knowledge of the location of his captivity; article 71 – regular exchange of correspondence with the outside world; article 126 – visitation rights and unfettered access to him by Israeli representatives and the Red Cross. Yet, in more than 1700 days of captivity, Hamas has not afforded a single one of these rights to Schalit. A long incommunicado dentition constituting clear cruel and inhumane treatment and standing torture.

When Gilad Schalit’s case is raised with Hamas, or other pro-Palestinian activists, the answer often is “But what about Israel? They have thousands of our prisoners.” Indeed, Israel acknowledges there are approximately 2,000 Hamas prisoners in Israeli prisons for having committed a series of war crimes and crimes against humanity, including, by their own acknowledgement, first, the intentional targeting of civilians.

Second, launching attacks from within civilian areas. Third, the misuse and abuse of the humanitarian symbols, such as using an ambulance to transport terrorists – known as the perfidy principle – is itself a war crime. Fourth, the direct and public incitement to genocide. Fifth, the widespread and systematic character of their attacks, constituting thereby crimes against humanity. Finally, the recruitment of children into armed conflict.

As war criminals, these imprisoned Hamas terrorists are not entitled to any of the rights and privileges accorded by the Third Geneva Convention, yet Israel affords them these protections nonetheless, including full visitation rights from the families; access to lawyers (paid for by Israel); access to judicial review; regular visits by Red Cross Representatives; and with their location publically known. Indeed, many of these prisoners also receive cell phones, have internet access, and the ability to study for further degrees.

As so we have the absurd situation where terrorists belonging to groups like Hamas and Islamic Jihad, who are not entitled to Geneva Convention rights, are afforded such rights by Israel; whereas, Gilad Schalit, who IS entitled to such rights under international humanitarian law, is denied every one of them.

What then must we do?

We must call upon the government to ensure that the International Committee of the Red Cross and related humanitarian agencies act upon the relevant standards of international humanitarian law respecting Gilad Schalit, including, at a bare minimum, proof of life, visitation rights and communication between him and his family. Second, we must call upon the Government to work with the Israeli, French, American, and German governments to secure the release of Gilad Schalit. We call upon the Palestinian Authority, which purports to represent the Palestinian people, to join the efforts for the release of Gilad; that Hamas and its leaders be held accountable for its criminality, underpinned by its antisemitic Charter.

In a word, that Canada and the international community make every effort to put an end to these violations of international humanitarian law to secure his release and return him to his family as a matter of fundamental decency and elementary justice.