Archive for January, 2009

Barack Obama halts Guantanamo trials

January 21, 2009

January 21, 2009

A Naval officer Bill Mesta places an official photo of newly sworn-in President Barack Obama, in the lobby of the Guantanamo Bay headquarters

(AP Photo/Brennan Linsley, Pool)

Barack Obama’s photograph replaces that of George Bush at Guantanamo Bay

Hours after being sworn in as US President, Barack Obama has called for a halt to Guantanamo war crimes tribunals, a move which will begin the long awaited process of dismantling the prison itself.

His request for a 120-day suspension of all 21 pending tribunals will bring to a halt the case against Khalid Sheikh Mohammed, the self-proclaimed 9/11 mastermind and four co-defendants who faced the death penalty if convicted.

Military judges are expected to rule on Mr Obama’s request to halt the trials today at the US naval base.

The request by Mr Obama was widely anticipated – he had already vowed to close down the prison and its controversial military commission trial system.

“In order to permit the newly inaugurated president and his administration time to review the military commission process, generally, and the cases currently pending before the military commissions, specifically, the secretary of defense has, by order of the president directed the chief prosecutor to seek continuances of 120 days in all pending case,” prosecutor Clay Trivett said, in the written request to the judges.

The request said that freezing the trials until May 20 would give the new administration time to evaluate the cases and decide what forum best suits any future prosecution.

About 245 foreign captives are still held at the detention centre that opened in January 2002. The Bush administration had said it planned to try 80 prisoners on war crimes charges, but only three cases have been completed.

Defence lawyers had complained that the tribunals allowed hearsay evidence and coerced testimony, and were the subject of so much political interference that fairness was impossible.

Israel ‘admits’ using white phosphorus munitions

January 20, 2009

Children play with a flaming lump, allegedly containing white phosphorus, in the northern Gaza Strip on Monday

Children play with a flaming lump, allegedly containing white phosphorus, in the northern Gaza Strip on Monday

The Israeli military came close to acknowledging for the first time yesterday its use of white phosphorus munitions during the war in Gaza, but continued to insist that it did not breach international law.As fresh evidence emerged of Gazan civilians being burned by phosphorus, Avital Leibovich, the army spokeswoman, said its use was “legal according to international law…All the munitions we were using were legal, like the French, American and British armies. We used munitions according to international law.

“They [Hamas] were committing war crimes by putting the civilians in the front line,” she said. “If Hamas chooses to locate training camps, command centres…in the middle of the [civilian population]…look how populated it is…naturally they are endangering the lives of civilians. Hamas is accountable for the loss of the civilians.”

Major-General Amir Eshel, the army’s head of strategic planning, said that firing shells to provide a smoke screen was legal. “It is the most nonlethal kind of weapon we used. I don’t see any issue with that,” he said.

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The Israeli newspaper Ma’ariv reported that the Israel Defence Forces (IDF) had privately admitted using phosphorus bombs, and that the Judge Advocate General’s Office and Southern Command were investigating.

The Times first accused Israeli forces of using white phosphorus on January 5, but the IDF has denied the charge repeatedly. Phosphorus bombs can be used to create smoke screens, but their use as weapons of war in civilian areas is banned by the Geneva Conventions.

Yesterday reports emerged from Gaza about the killing of five members of the Halima family, when a single white phosphorus shell dropped on their house in the town of Atatra on January 3. Two others were in a coma and three were seriously wounded, according to doctors and survivors.

Salima Halima, 44, who is in Gaza City’s Shifa hospital, said that the chemical burst in all directions after hitting her living room.

Nafiz Abu Shahbah, a doctor who trained in Britain and America, said he was sure white phosphorus was responsible. Her wounds at first appeared superficial “but it eats at the flesh, it digs deeper and gets to the bone…The whole body becomes toxic,” he said.

In the Jabaliya refugee camp, the Associated Press found a crater that was still producing acrid smoke days after the war ended, and in the town of Beit Lahiya a lump of white phosphorus burst into flames after some boys dug it up from beneath some sand.

Ban Ki Moon, the UN Secretary-General, expressed outrage at Israel’s destruction of Gaza yesterday, when he became the first world leader to visit the Palestinian territory since the end of the war. “This is shocking and alarming,” he declared while visiting a UN warehouse that was still smouldering after being hit on Thursday, allegedly by white phosphorus shells. “I’m just appalled.”

Visibly angry, he condemned Israel’s “excessive” use of force, and demanded that those responsible for shelling schools and other facilities run by the UN Relief and Works Agency during the 22-day offensive should be held to account. “It is an outrageous and totally unacceptable attack on the United Nations,” he said.

Israel has apologised for attacks on UN facilities but insisted in almost every case that Hamas fighters were using the buildings for cover.

Question and Answer on Gaza

January 20, 2009

On December 27, 2008, Israel launched its brutal assault on Gaza, Operation Cast Lead. The aim here has been to collect in one place the most frequently-asked questions and to offer answers and sources. You can read the whole thing through (warning: it’s long!) or see a separate list of sections and questions, and jump to the ones you’re interested in.

Introduction

1. Doesn’t Israel have the right to defend itself and its population from rocket attacks?

Rockets from Gaza aimed at Israeli civilians violate international law. But any assessment of whether Israeli military actions constitute lawful self-defense has to take account of the context and the question of proportionality. The broad context is that the Israeli occupation of the Palestinian territories is illegal and unjust and Israel can’t claim self-defense when Palestinians struggle by legitimate means to end the occupation. (In the same way, Japanese troops couldn’t claim self-defense when they were attacked by guerrillas in occupied China or the occupied Philippines during World War II.) The proper Israeli response to such Palestinian actions is not “self-defense,” but full withdrawal from the occupied territories.

Gaza

2. While conquests in wars of aggression are clearly illegal, didn’t Israel obtain the West Bank and Gaza as the result of a defensive war against an attack waged by neighboring Arab states?

The West Bank (including East Jerusalem) and Gaza, as well as the Sinai and the Golan Heights were conquered by Israel during the June 1967 war, a war in which Israel attacked first. Israel’s supporters argue that although Israel fired the first shots, this was a justified preventive war, given that Arab armies were mobilizing on Israel’s borders, with murderous rhetoric. The rhetoric was indeed blood-curdling, and many people around the world worried for Israel’s safety. But those who understood the military situation — in Tel Aviv and the Pentagon — knew quite well that even if the Arabs struck first, Israel would prevail in any war. Egypt’s leader was looking for a way out and agreed to send his vice-president to Washington for negotiations. Before that could happen, Israel attacked, in part because it rejected negotiations and the prospect of any face-saving compromise for Egypt. Menachem Begin, who was an enthusiastic supporter of that (and other) Israeli wars was quite clear about the necessity for launching an attack: In June 1967, he said, Israel “had a choice.” Egyptian Army concentrations did not prove that Nasser was about to attack. “We must be honest with ourselves. We decided to attack him.”[1] However, even if it were the case that the 1967 war was wholly defensive on Israel’s part, this could not justify continued rule over Palestinians. A people do not lose their right to self-determination because the government of a neighboring state goes to war. Sure, punish Jordan and don’t give it back the West Bank (to which it had no right in the first place, having joined with Israel in carving up the stillborn Palestinian state envisioned in the UN’s 1947 partition plan). And don’t return Gaza to Egyptian administrative control. But there is no basis for punishing the Palestinian population by forcing them to submit to foreign military occupation. Israel immediately incorporated occupied East Jerusalem into Israel proper, announcing that Jerusalem was its united and eternal capital. It then began to establish settlements in the Occupied Territories in violation of the Geneva Conventions, which prohibit a conquering power from settling its population on occupied territory. The Israeli government legal adviser at the time, the distinguished jurist Theodor Meron, warned that any settlements would be illegal,[2] but he was ignored. And the International Court of Justice has ruled — in a portion of an opinion that had the unanimous support of all its judges, including the one from the United States — that all the settlements in the occupied territories are illegal.[3]

3. Hasn’t Israel withdrawn from Gaza, thereby ending its occupation?

The Israeli withdrawal did not end the occupation. As John Dugard, the UN’s then special rapporteur on the Occupied Palestinian Territories, noted in 2006: Statements by the Government of Israel that the withdrawal ended the occupation of Gaza are grossly inaccurate. Even before the commencement of ‘Operation Summer Rains,’ following the capture of Corporal Shalit, Gaza remained under the effective control of Israel. This control was manifested in a number of ways. Israel retained control of Gaza’s air space, sea space and external borders. Although a special arrangement was made for the opening of the Rafah border crossing to Egypt, to be monitored by European Union personnel, all other crossings remained largely closed…. The actions of IDF [Israeli Defense Force] in respect of Gaza have clearly demonstrated that modern technology allows an occupying Power to effectively control a territory even without a military presence.[4] On November 20, 2008, Human Rights Watch wrote to Israeli prime minister Ehud Olmert, stating, among other things, “Even though Israel withdrew its permanent military forces and settlers in 2005, it remains an occupying power in Gaza under international law because it continues to exercise effective day-to-day control over key aspects of life in Gaza.”[5] If Israel had truly withdrawn from Gaza, then Israel could not prohibit Gaza from trading by sea or air with other nations, bar people from sailing or flying in to or out of Gaza, overfly Gazan airspace or patrol its coastal waters, or declare “no go zones” within Gaza. Israel also controls Gaza’s Population Registry and collects import duties on any goods it allows into Gaza.[6]

4. Regardless of whether the occupation legally continues, didn’t Israel give up its settlements and its military bases in Gaza?

Israel’s Gaza “disengagement” was a unilateral move, not worked out with any Palestinian leaders at all. Israeli settlers were removed from Gaza, but more new settlers moved to the West Bank in 2005 than left Gaza and more Palestinian land was taken over on the West Bank than was given up in Gaza.[7] To many it seemed clear that the disengagement, rather than a step towards eventual Palestinian statehood, was in fact a move to secure Israel’s hold on the West Bank and deny any independent existence for the Palestinian people. As Ariel Sharon’s chief aide, Dov Weisglass, told an interviewer for an Israeli newspaper: The significance of the disengagement plan “is the freezing of the political process. And when you freeze that process you prevent the establishment of a Palestinian state and you prevent a discussion about the refugees, the borders and Jerusalem. Effectively, this whole package that is called the Palestinian state, with all that it entails, has been removed from our agenda indefinitely.”[8]

5. Why should Israel have an obligation to open its borders with or transmit electricty or fuel to Gaza? Doesn’t it have the sovereign right to close its borders as it wishes?

When a country has controlled a territory for 40 years, and prohibits all construction or development that might allow that territory to function independent of the country, it bears obligations. When, in addition, the country prohibits the territory from engaging in trade via air or sea, it cannot claim the right to cut off land crossings.

6. Gaza shares a land border with Egypt. Why is Israel blamed for cutting off Gaza’s borders?

When Israel “disengaged” from Gaza, it did not turn the Rafah crossing — the connection to Egypt — over to the Palestinians. Instead, the Rafah crossing was the subject of an Agreement on Movement and Access (AMA) signed in November 2005 by the Palestinian Authority and Israel, with U.S. backing, that provided that the crossing would be staffed by personnel from the European Union (EU). According to the Agreement, Israel would have a veto on who could come and go through the border (though Israelis wouldn’t be present at the crossing, but they would have real time video feed and advance notice of anyone seeking to cross). As the Israeli human rights organization Gisha has noted, “With the exception of personal effects brought by travelers, imports through Rafah, the only crossing into Gaza not directly controlled by Israel, are not permitted. “[9] Egypt could, of course, ignore the AMA and open the border anyway. And it should do so. And the EU and the U.S. governments could and should end their financial strangulation of Gaza and send supplies by sea to Gaza’s coast, ignoring any Israeli blockade, since presumably Israel wouldn’t sink EU or U.S. vessels. The behavior of all of these governments is reprehensible.

Hamas

7. Didn’t Hamas just use the Israeli disengagement from Gaza as an opportunity to launch rockets at Israel without provocation?

Rocket attacks declined after the Israeli “disengagement.” There were 281 rockets fired at Israel from Gaza in 2004, and 179 in 2005. The disengagement was completed in September 2005. In the four month period October 2005 through January 2006, there were only 40 rockets fired.[10] In late September, there was a flurry of rockets launched from Gaza, following a deadly explosion at a Hamas armed victory parade in the Jabaliya refugee camp in Gaza. Most observers, including the Palestinian Authority (then involved in internecine conflict with Hamas) blamed the explosion on a Hamas accident; Hamas claimed Israel was responsible. Whatever the truth, according to the Intelligence and Terrorism Information Center, an Israeli think tank closely tied to the Israeli intelligence and military establishment[11]: “Afterwards, Fatah factions and the PIJ [Palestinian Islamic Jihad] launched the greatest number of rockets. Hamas stopped its direct involvement in rocket launching following the internal and external criticism it received for having harmed the civilian Palestinian populace, and later because of its governmental commitments.”[12] Other Palestinian groups did launch rockets. In October 2005 there was another bout of rocket fire. But this did not occur in isolation. And in the pattern of violence and retaliatory violence it is hard to determine who “started” it. On October 23, 2005, Israeli forces killed two Islamic Jihad members on the West Bank; rockets were then fired from Gaza, without causing any injuries; Israel then closed border crossings; its planes flew low over Gaza creating sonic booms and it fired air to ground missiles, injuring five; a suicide bomber from the West Bank attacked an Israeli town, killing five; Israel unleashed further airstrikes and artillery on Gaza, killing eight including three children.[13] Things cooled down a few days later and remained reasonably calm until after the election of Hamas at the end of January 2006.

8. How did Israel and the West react to Hamas’s election victory?

In January 2006, Hamas participated in Palestinian legislative elections (reversing its previous policy of abstentionism), and received a plurality of the votes. International observers certified the elections as fair,[14] and indeed, these were among the rare democratically elected leaders in the Arab world. Washington had pressed Israel to allow the 2006 election and Hamas’s victory was a surprise to everyone (including Hamas). Ironically, earlier, the United States and Israel had given support to Hamas in an attempt to undermine the secular leadership of the PLO.[15] Most analysts concluded that voters were expressing not so much support for Hamas’s religious positions, as rejection of Fatah’s corrupt and pusillanimous leadership, which after many years had brought Palestinians no closer to a viable state of their own. Hamas’s entry into the government might have been taken as an opportunity to try to encourage it to moderate its positions, but Israel, the United States, and the European Union determined to crush it. Israel refused to turn over Palestinian tax revenues and closed borders, causing severe economic hardship. International donors, especially the United States and the EU, withheld funds, and Washington went a step further and imposed draconian regulations. As the mainstream International Crisis Group explained, “NGOs engaged in humanitarian relief work face significant obstacles stemming from extraordinarily restrictive U.S. Treasury Department regulations; U.S. organisations, for example, require pre-approval for their donations, which must be in-kind rather than cash. “Such restrictions affect developmental assistance – $450 million in 2005 – even more severely, for it often involves direct contacts with the PA. Some U.S. NGOs have had entire projects suspended. CARE, the international aid agency, which had hitherto provided 30 per cent of the health ministry’s medicines under a USAID-funded emergency medical assistance program, halted regular supplies after USAID withheld approval.”[16]

9. How could Hamas be a partner for peace? Didn’t they refuse the three U.S.-Israeli conditions: that they recognize Israel, renounce violence, and agree to accept all agreements previously accepted by the Palestinian Authority?

Hamas has indeed refused these three conditions, but no more so than Israel and the United States have done. Hamas has not recognized Israel, but Israel and the United States have not recognized an independent Palestinian state. Consider General Assembly resolution 63/165 that was adopted on December 18, 2008. The resolution reaffirms the right of the Palestinian people to self-determination, including the right to an independent State of Palestine, and further urged all States and United Nations entities to continue to support and assist the Palestinian people in the early realization of their right to self-determination. The resolution passed by the overwhelming vote of 173 in favor and 5 opposed, with 7 abstentions. The five nay votes were the United States, Israel, and three tiny U.S.-dependent Pacific island nations.[17] Of course, Israel may say that it is willing to accept a Palestine state, just not on the 1967 borders, and indeed so long as it is confined to a tiny swath of unviable territory. But if Hamas returned the favor, saying it was willing to recognize Israel, but only if it were confined to Tel Aviv and its suburbs, one doubts Israel and the United States would consider that adequately forthcoming. Regarding the use of violence, it would be nice if Hamas renounced the use of violence. Certainly, however, any sermons in this regard from the United States or Israel are preposterous. (Think Sinai, 1956, or Lebanon, 1982, or Iraq, 2003.) It might also be noted that those Israelis who actually renounce violence — by refusing military service in an occupying army — are imprisoned.[18] As for agreeing with previous agreements, put aside Washington’s withdrawal from the Anti-Ballistic Missile treaty, its “unsigning” of the Comprehensive Test Ban Treaty, and its failure to comply with the World Court’s ruling on Nicaragua. Consider simply that the World Court found Israel to be in violation of the Fourth Geneva Convention (to which it is a party) in its construction of the Wall on the occupied West Bank.[19] By a vote of 150 to 6 with 10 abstentions, the General Assembly affirmed that World Court opinion and called on Israel to comply.[20] Israel refused to do so and the United States supported its refusal. Thus, for Israel and the United States, treaties solemnly accepted are just scraps of paper. For Palestinians, who signed on to the 1993 Oslo Accords which promised them a state by 1999, only to see no state and a huge expansion in the number of Israeli settlers,[21] Israel’s insistence that Hamas adhere to agreements must seem a cruel joke.

10. Hasn’t Hamas refused to ever accept the existence of Israel?

When Israeli Prime Minister Ehud Olmert addressed a joint session of the U.S. Congress in 2006, he declared his continuing belief “in our people’s eternal and historic right to this entire land.”[22] Yet, he said, he understood the necessity of compromise. Hamas has taken a similar position: it considers Palestine in its entirety to be sacred Muslim land, it considers the state of Israel to be illegitimate, but yet it has made clear on numerous occasions that it was willing to compromise, and that it would accept a two-state solution on the 1967 borders, with East Jerusalem as the capital of the Palestinian state, along with a truce that could last 20, 30, or 50 years, or even indefinitely.[23] Israel and the United States, however, refused to pursue these Hamas offers and refused to talk with Hamas at all — despite the fact that a majority of Israelis[24] and conservative analysts such as Efraim Halevy, the former head of the Israeli intelligence service, Mossad,[25] supported such talks.

11. Doesn’t Hamas support Islamic fundamentalism and anti-Semitism?

Unfortunately, throughout the Middle East over the past few decades secular nationalist and progressive movements have been replaced by fundamentalists, a result of both the tremendous repression the nationalist and leftist movements have faced and their own internal weaknesses. And anti-Semitism has grown across the Middle East, which is not surprising given that Palestinians have been subjected to horrendous barbarity by a self-described “Jewish state.” (And Middle Easterners are not encouraged to make fine distinctions when Israeli apologists declare that all criticisms of Israel are ipso facto anti-Semitic.) Obviously, we must reject anti-Semitism and the retrograde social views of fundamentalists. Hamas, which had its origins in the Egyptian Muslim Brotherhood, comes out of an Islamic fundamentalist background. But origins alone do not determine present behavior. A March 2008 assessment of Hamas’s current practice by the mainstream International Crisis Group paints a mixed picture. Hamas “denies any intent of coercively imposing an Islamist entity. It appointed some non-Hamas figures to run its security services and administer its judiciary. There are no flagrant signs of Islamisation of the courts and schools. The authorities did not alter the PA school curriculum, the PA’s law code or its constitution. In January 2008, in accordance with PA practice but controversial within Islamic tradition, they appointed a woman judge and promoted another to head the Appeals Court. Notably, since August 2007, Hamas has recruited policewomen to fill the gap, attracting them through television and radio stations, as well as through mosques. Over 100 women have applied. A Hamas official maintained: ‘The people in Ramallah are trying to stigmatise Hamas as extremist. But an Islamic emirate will not come about in Gaza.’ “That said, past performance is no guarantee of future conduct, and civil rights groups as well as non-Hamas preachers remain deeply worried, pointing in particular to indirect forms of social pressure. Within Hamas, a more hardline clerical faction insists on a greater role for Sharia (Islamic law)…. “A senior Hamas jurist’s reply was equivocal: ‘We want the courts to apply Sharia law, but we won’t compel the people.’ Yet in some cases, they have done just that…. “Moreover, amid Gaza’s intensifying isolation and accompanying withdrawal of a Western presence, social mores have grown increasingly conservative and patriarchal – a process that some of Hamas’s more zealous militants, particularly within the security forces, have encouraged. The time devoted to religious instruction in schools has increased, and some teachers are known to punish girls who do not wear the veil. Although women continue to walk the streets unveiled, and officials say there has been no ruling on dress-code, Hamas militants are known to have enjoined some women to don scarves. Similarly while Hamas has curbed the killing of women on grounds of immorality, unmarried couples in cars reported some cases of being beaten and detained. The rate of attacks on internet cafes – apparently by non-Hamas groups – has begun to climb after a brief lull following the [June 2007] takeover, and Gaza’s Christians accuse Hamas forces of doing too little too late to reverse a significant increase in attacks on their community of 3,000, evidence, say some, of the growing influence radical Islamism commands within Hamas ranks.”[26] Unfortunately, continuing Israeli brutality and Palestinian helplessness will likely increase the worst tendencies of Hamas. At the same time, in Israel, Jewish fundamentalists are politically strong and part of the governing coalition. The U.S. State Department has noted the Israeli “Government’s unequal treatment of non-Orthodox Jews, including the Government’s recognition of only Orthodox Jewish religious authorities in personal and some civil status matters concerning Jews. Government allocations of state resources favor Orthodox (including Modern and National Religious streams of Orthodoxy) and ultra-Orthodox (sometimes referred to as “Haredi”) Jewish religious groups and institutions.”[27] Hamas’s 1988 Charter cites the Protocols of the Elders of Zion,[28] though in many respects the document is outdated.[29] The organization does, however, still resort to anti-Semitic rhetoric.[30] But that Hamas holds such views does not disqualify it as a party to peace talks, any more than the fact that Hindus and Muslims in South Asia have racist views of one another precludes them from sitting down together. And certainly many Israelis have racist views of Palestinians[31] (recall the comment of the father of Obama’s new chief of staff, Rahm Emanuel, saying that Arabs were fit only to clean floors[32]). One can find vile anti-Jewish rhetoric from some Palestinian religious leaders. But one can find equally repulsive language from some Israeli rabbis. For example, the former Sephardic chief rabbi of Israel proclaimed a religious ruling in 2007 “that there was absolutely no moral prohibition against the indiscriminate killing of civilians during a potential massive military offensive on Gaza aimed at stopping the rocket launchings” because “an entire city holds collective responsibility for the immoral behavior of individuals.” The rabbi’s son, who is chief rabbi of Safed, explained: “If they don’t stop after we kill 100, then we must kill a thousand…. And if they do not stop after 1,000 then we must kill 10,000. If they still don’t stop we must kill 100,000, even a million. Whatever it takes to make them stop.”[33] Racism must be opposed, but it makes no sense to rule a party out as a potential partner for peace until its racism has been eliminated.

12. Is Hamas a terrorist organization?

Hamas was never a terrorist organization like al-Qaeda. Unlike the latter, it has a mass base, social welfare programs, and, now, an electoral constituency. Hamas has engaged in terrorist acts, most notably by purposely targeting civilians with suicide bombs. Sherdia Zuhur, Research Professor of Islamic and Regional Studies at the Strategic Studies Institute at the U.S. Army War College, wrote: “HAMAS operatives first utilized suicide attacks in 1994, after an American-born Israeli settler, Baruch Goldstein, fired on and threw hand grenades at unarmed worshippers in the al-Haram al-Ibrahimi mosque in Hebron on February 25, killing 29. It was thought that Goldstein had attained entry with assistance of Israeli troops. Until that date, HAMAS’ only targets were Israeli military. It ceased such attacks, which were very controversial with other Palestinians in 1995, and reintroduced them after the “targeted killing” of HAMAS leader Yahya Ayyash.”[34] Zuhur went on to note that “HAMAS observed a 3-year moratorium on suicide attacks, which was then reestablished for a year, and possibly broken in a January 2008 attack in Dimona which may have been carried out by HAMAS or by other actors.”[35] And at various intervals, Hamas has fired rockets at civilian areas, which is also a form of terrorism. What this record suggests is that Hamas has engaged in terrorism, has not ruled it out, but is also amenable to refraining from terrorism in what it sees as appropriate circumstances. Such a record should be condemned — for terrorism is always wrong — but Israel’s record of terrorism must be condemned as well.

13. How can Israel be accused of terrorism since it doesn’t intentionally kill civilians, and views all civilian deaths that it causes as regrettable accidents?

Keep in mind the official U.S. definition of terrorism: “premeditated, politically motivated violence perpetrated against noncombatant targets.”[36]Three points need to be noted here. First, inflicting pain on civilians for political purposes has long been official Israeli policy. When Hamas kidnapped an Israeli soldier in June 2006, Israel responded by destroying Gaza’s only power plant, causing massive suffering.[37] Israeli leaders have openly acknowledged that they intended to cripple Gaza’s economy as a way to undermine support for Hamas. (That this is a foolish policy makes it no less immoral. That the governments of the United States, the European Union, and Egypt are complicit in the policy likewise makes it no less immoral.) Gazans have seen poverty and unemployment soar and their health and welfare decline as Israel has closed their borders, cut fuel and power supplies, and denied them their own tax revenues. Human rights groups[38] and United Nations officials[39] have condemned this policy of economic strangulation, deeming it “collective punishment.” When New York Times columnist Thomas L. Friedman writes that he hopes Israel is pursuing a strategy in Gaza of trying to inflict “heavy pain on Gaza civilians,” he is endorsing a policy that is indistinguishable from the above-cited official U.S. government definition of terrorism.[40] Second, over the years Israel has intentionally killed civilians. Among other instances, it has used lethal fire against demonstrators who posed no serious threat.[41] It has targeted and killed medical personnel and journalists.[42] And now it has targeted and killed civilian police and non-military government personnel in Gaza (as will be discussed below). Third, even when civilians have not been specifically targeted, Israel has shown reckless disregard for the welfare of civilians, killing many. These are not “unfortunate accidents,” but the result of willful, criminal negligence. It is true that in domestic law we distinguish between intentional and unintentional killing, with the former being a much more serious offense than the latter. But domestic law also recognizes that sometimes criminal negligence can be as condemnable as premeditation. As the Palestinian human rights organization Al Haq correctly puts it, “the choice of targeted areas, methods of attack and the number of civilians killed and injured clearly indicate a reckless disregard for civilian life synonymous with intent.”[43] Consider the record before the current Israeli attack on Gaza. According to statistics from the Israeli human rights group B’Tselem, from the beginning of the second Intifada on September 29, 2000, until November 30, 2008, 2,990 Palestinians in Gaza were killed by Israeli security forces. Of these, 1,382 were known not to be taking part in hostilities.[44] (During this same seven year period, Palestinian rockets or mortars from Gaza killed a grand total of 22 Israeli civilians.[45]) If these Palestinian rockets constituted terrorism and war crimes — and they do — how much greater were the crimes of the Israeli government? And this is so whether Israeli officials express pro forma regret or instead declare, as Prime Minister Ariel Sharon did in March 2002, “The Palestinians must be hit and it must be painful. We must cause them losses, victims, so they feel the heavy price.”[46]

Continued >>

Blind and burnt: Mahmoud, 14, young victim of banned white phosphorus shelling

January 20, 2009

January 20, 2009

Judith Laitman and Tsela Barr: We must demand a just peace for Palestinians

January 20, 2009

Judith Laitman and Tsela Barr | The Capital Times, Jan 19, 2009

As American Jews, we grew up learning to revere Israel, the “Jewish state” — the refuge of the persecuted. We had come to expect that Israel would have a highly developed moral consciousness and a collective awareness of what it means to have another group want to annihilate you. So it is shocking for those of us who grew up with these romantic myths to witness the state of Israel assuming the role of oppressor, of murderer of innocents, of desensitized military annihilator.

And it is even more grotesque for Israel and its defenders to continue to pretend that it is the Israelis who are the victims and that its recent savage assault on Gaza was just a defensive act. Worse yet, if people of conscience even express sympathy for the Palestinian victims, they are accused of anti-Semitism. These tactics purposely obscure the real obstacle to peace in the Middle East — Israel’s rapacious 40-year military occupation of Palestinian lands, and its brutal blockade of Gaza and its 1.5 million inhabitants.

So let us look at the record:

It was Israel that broke the six-month cease-fire with an incursion into Gaza on Nov. 4 in which they killed six Palestinians.

Israel dismantled its settlements in Gaza in 2005. But it retained complete control of Gaza’s land borders, airspace, and maritime access, maintaining a blockade that by itself is an act of war. This blockade resulted in a severe humanitarian crisis, even before the recent assault.

The Israeli attacks on Gaza were a violation of international law and the Geneva Conventions, which require an occupying power to protect an occupied population.

In the West Bank, which has committed no aggression toward Israel, Israel continues to expand its settlements, continues to build an illegal wall that divides Palestinian land, continues to destroy the homes of innocent Palestinians on their own land, builds roads that are Jews-only, and subjects Palestinians to daily humiliations and disruptions at hundreds of Israeli military checkpoints.

The Palestinians and the Arab League have made offers of peace that would ensure Israel’s security if it returned to the 1967 borders. This represents major concessions on the part of Palestinians, who in 1948 were mandated 45 percent of Palestine. The 1967 borders give the Palestinians less than half of that. Israel has rejected these offers.

Israel receives $3 billion a year from U.S. taxpayers. Gazans were assaulted by U.S. F-16s and Apache attack helicopters.

One-third of the more than 1,100 people killed in the recent assault on Gaza were children.

Now Israel has called a cease-fire and claimed its “objectives” have been met. Some scholars say these “objectives” relate to an Israeli policy known as “the Iron Wall.” This is a strategy of inflicting such massive pain on the Palestinians that they will either leave or accept their subjugation so that Israel can achieve its goals of a “Greater Israel.” According to Israeli historian Avi Shlaim: “Israel is practicing state terror using violence on a massive scale against Palestinian civilians for political purposes.”

The bombs may be quiet for now, but this is no time for us to be silent. Let us speak out at every opportunity against the oppression — and the terrorism — that continues to go on against the Palestinian people. Life will not return to normal for the victims in Gaza, and it shouldn’t for us either. We must demand a just peace for the Palestinians and an end to the colonial project that is destroying Israel’s soul.

Judith Laitman and Tsela Barr are members of the Madison chapter of American Jews for a Just Peace, ajjpmadison.org.

INDIA/PAKISTAN: Kashmir Jittery Over Prospect of War

January 20, 2009


By Athar Parvaiz | Inter Press Service


SRINAGAR, Jan 19 (IPS) – As war clouds hover over India and Pakistan, anxiety levels have risen in Kashmir, often described as the bone of contention between the South Asian neighbours

Bellicose posturing by the two countries, following the Nov. 26-29 terror strikes in Mumbai, has, according to analysts here, the potential of spiralling into yet another one of a series of wars fought over the territory by the two countries, created in 1947 following the decolonisation of the sub-continent.

”War between India and Pakistan appears to be a possibility given the course the two countries have taken,” Mohammad Sayeed Malik, a well-known, Srinagar-based political commentator told IPS. “If not checked, it may reach a point of no return and actual war would be impossible to avoid.”

The Mumbai attacks, which left 180 people dead, rudely interrupted the ‘composite dialogue,’ begun in February 2004 after the nuclear-armed neighbours restored diplomatic ties – downgraded in reaction to a similar armed attack on India’s parliament in December 2001.

Accusing Pakistan-based militant groups, Lashkar-e-Toiba (LeT) and the Jaish-e-Mohammed (JeM), for staging the attack on Indian parliament, India massed troops along the border in the largest military mobilisation since the two countries went to war in 1971.

The LeT, set up to fight Indian rule in Kashmir, has now been implicated in the Mumbai attacks as well by India and by United States officials and analysts who have also linked it to Pakistan’s shadowy Inter-Services Intelligence.

In the aftermath of the 2001 attack, war between the neighbours was avoided by intense diplomatic activity led by the United States. But it took until February 2004 before the composite dialogue process – a serious effort aimed at confidence building, normalisation of bilateral relations and dispute resolution – could be put into place.

The peace process brought better diplomatic, trade and people-to-people contact across the 298-km, fenced and fortified Line of Control (LoC) that divides Indian Kashmir from the Pakistan-administered part of the territory and has served for decades as the de facto international border.

Most significantly, for people living along the LoC, the peace talks brought about a cessation of the constant exchange of artillery fire by the Indian and Pakistani armies across the border. Scores of civilians have been reported killed, maimed or displaced by the destructive exchanges.

“After the ceasefire, we had been living in a comfortable manner without any fear, but now we might again have go through the traumatic times before the ceasefire,” Rustum Gelani, a resident of the border town of Tangdar, told IPS over telephone.

Reports from the other towns near the LoC such as Uri and Poonch suggested that people were close to panic. “We would appeal the two countries to maintain the ceasefire,” said Abdul Gafoor, a resident of Poonch.

People living along the road leading to LoC in Tangdar, Uri and Poonch have reported seeing deployment of troops and equipment for several days now. “More military and machines are being stockpiled on the LoC… it looks like war is brewing up,” said Neik Mohammed, a resident.

Army officials have downplayed the activity as part of routine exercises, normally conducted at this time of the year. But one defence source said the moves were ”precautionary measures as our neighbour Pakistan is mobilising troops on its side of the border”.

Malik said that should war break out between India and Pakistan, Kashmiris would be the worst sufferers; socially, economically and politically. “It would wash away all the gains of the five-year-old peace process. The positive mood in the aftermath of the peaceful elections in Kashmir may vanish into thin air,” he said.

“During and after Gen. [Pervez] Musharraf’s rule, Pakistan had made quite a lot of progress in disengaging itself from active involvement in Kashmir… a war could reverse it,” Malik added.

Civil society and NGOs have been busy urging India and Pakistan to work towards de-escalating tension and peace-building. “We call upon India and Pakistan to sign the convention and treaty to ban production, stockpiling and use of cluster munitions and landmines,” said ActionAid’s Arjimand Talib, a peace activist.

”A war would seriously dent efforts at poverty eradication in the region and shift focus from development to further militarisation,” Talib added.

“After India felt that international pressure had started working on Pakistan, it has helped bring down tension levels. This should have been enough, but since India’s elections are just round the corner, one can’t be sure that the war hysteria will come down,” said Malik.

Tapan Bose, secretary general of the Pakistan India People’s Forum for Peace and Democracy (PIPFPD), told IPS that public anger projected in the media carried the danger of precipitating war, forgetting that ordinary people would suffer the consequences most.

“We have been so overwhelmed by the war jingoism of the media and sections of the state and upper middle class [because they were hit by the Mumbai attacks] that we forget what the peace process means for thousands of ordinary people,” Bose said. ”Who speaks for them?”

Gazans count cost of war

January 20, 2009
Al Jazeera,  January 20, 2009

Palestinians say 25,000 buildings were damaged
or destroyed in Israel’s assault on Gaza [EPA]

Palestinians returning to their neighbourhoods have begun to unearth the true scale of destruction left by Israel’s 22-day offensive on the Gaza Strip.

Fragile ceasefires – declared separately by Israel and Palestinian fighters – continued to hold on Tuesday, as Israeli troops pulled back from some key points in Gaza towards the border.

Israeli army radio quoted unnamed military officials as saying that troops would pull out of Gaza by the time Barack Obama, the US president-elect, takes office on Tuesday.

Ban Ki-moon, the UN secretary-general, is also set to survey the destruction in a trip to Gaza during the day.

Estimates for the rebuilding of Gaza’s devastated infrastructure have been put at billions of dollars.

Dire situation

In video
Unearthing Gaza’s destruction
Israel’s scorched earth tactics

John Holmes, the UN humanitarian chief, says hundreds of millions of dollars in emergency aid supplies will be needed for the people of Gaza.

Although 100,000 people had running water restored in their homes as of Sunday, 400,000 were still without it, Holmes said.

Electricity in Gaza is available for less than half the day and about 100,000 people have been displaced by the war.

Despite the three-week Israeli onslaught that killed more than 1,300 Palestinians and destroyed thousands of buildings, Hamas and other Palestinian factions claimed victory in the fighting.

Israel had said the aim of its operations in Gaza was to cripple Hamas’s ability to launch rockets into the south of the country.

But a masked man calling himself Abu Obeida and claiming to be a spokesman for Ezzedine al-Qassam Brigades, Hamas’s armed wing, said the group’s rocket-launching capacity had not been diminished, and threatened to renew fighting if Israeli forces did not withdraw.

“They [Israel] say they weakened Hamas. We assure you that what we have lost in this war is nothing compared to what we [still] have,” he said in a televised news conference on Monday.

Abu Obeida vowed that Hamas would replenish its arsenal of rockets and other weapons, in defiance of any Israeli or international efforts to cut off smuggling routes.

“Do whatever you want, bringing in and manufacturing the holy weapons is our mission, and we know how to acquire weapons,” he said.

Disease fears

GAZA TOLL

At least 1,300 people killed, including more than 400 children and more than 100 women

At least 5,300 Palestinians injured, including nearly 1,900 children and 800 women

At least 100,000 people forced from their homes

At least 13 Israelis killed, including three civilians

Meanwhile, scores of bodies have been discovered in the rubble of destroyed buildings since the fighting was halted.

Abed Sharafi, an ambulance driver, said on Monday that he had helped pull out the bodies of 15 children and women from under their house.

“They were so badly decomposed that we couldn’t distinguish boys from girls. Some had been there for 15 days,” he said.

Al Jazeera’s Ayman Mohyeldin, reporting from Gaza City, said the World Health Organisation was warning of an outbreak of disease with bodies now several weeks old and sewage flowing over many areas because of the destruction to infrastructure.

The deposed Hamas-led government in Gaza estimates that more than 5,000 buildings were completely destroyed and 20,000 damaged or partially destroyed in the fighting.

PHOTO ESSAY: JEWISH HOLOCAUST AND GAZA – PART I

January 19, 2009

Axis of Logic, January 18, 2009

The grandchildren of Jewish holocaust survivors from World War II are doing to the Palestinians exactly what was done to them by Nazi Germany.

BUILDING WALLS & FENCES TO KEEP PEOPLE IN PRISONS

CHECK POINTS NOT TO ALLOW PEOPLE
BASIC FREEDOM OF MOVEMENT

ARRESTS & HARASSMENTS

Received via email at Axis of Logic. Original source, unknown

See: Photo Essay: Jewish Holocaust and Gaza, Part II

Israelis Applaud Massacre of Palestinians

January 19, 2009

Press Action, January 17, 2009

Israel’s massacre of Palestinians in the Gaza Strip represents a terrible atrocity committed by a terrorist, outlaw state. And yet the intensity of Israel’s killing machine is probably not the most disturbing part of its three-week-long onslaught. Shamefully, we’ve grown accustomed to Israel committing one atrocity after another against Palestinians while other nation-states sit on their hands—or in the case of the U.S. Congress, pass almost unanimous resolutions endorsing the slaughter—and let the rogue state get away with its terrible crimes.

Perhaps more appalling is how the Israeli public is cheering on the massacre. The Associated Press reported Jan. 17 that a Haaretz-Dialog poll found that 82% of Israelis believe their military has not “gone too far” with its attacks against Palestinians in Gaza.

Regarding U.S. public opinion, the Jerusalem Post reports that two new polls show Americans strongly back Israel over Palestinians in Israel’s assault on Gaza.

“A McClatchy/Ipsos poll found that 44 percent of Americans support Israel’s use of force, in comparison to 18% who think Hamas’s use of force is appropriate. And 57% think the latter is using excessive force – something only 36% believe Israel to be doing.

The poll also found that more Americans now oppose rather than support creating a Palestinian state, with 45% saying the US shouldn’t favor one, versus 31% who said it should and 24% who didn’t know. …

A large plurality, 49%, put the blame for the current conflict squarely on Hamas, with only 14% blaming Israel and 29% undecided. Nine percent said both, and 4% said neither.

A recent poll by the pro-Israel advocacy group The Israel Project also found that more Americans (55%) hold Palestinians responsible for the violence rather than Israelis (11%), with 23% blaming both and 5% blaming neither. They also fault Palestinian leaders over Israeli ones for the humanitarian crisis (66%-17%), and see the latter as working toward peace more than the Palestinians (48%-5%).”

Several commentators have highlighted the bloodthirstiness of both the Israeli and U.S. public with regard to Israel’s attack on Palestinians. Gary Corseri, for example, writes on Thomas Paine’s Corner:

Among the terrible pictures that I have seen on the Web, pictures that Palestinians and friends of Palestine have sent me, the most terrible was not of shattered, mutilated bodies, of blasted lives and unendurable pain. The most terrible was a picture of young Israelis standing within their secure borders (of occupied Palestine!) looking at the devastation being visited on the terrified civilians of Gaza a couple of miles away. And the unremitting horror of that image was that those who watched the bombs bursting in air and the puffs of death rising—they were smiling.

I searched my memory banks to recall where I’d seen such an image before. It was many years ago in a book about the Civil Rights struggle in America and it showed a lynching of a black man and a crowd of grinning whites—men, women and children in a party mood under the limbs of the tree upon which hung the burnt and crucified corpse. It used to be possible for travelers in the apartheid US south to purchase postcards depicting such scenes—and they had captions like, “One less Nigger to worry about!”

Broken town shows Gaza destruction

January 19, 2009

BBC, January 18, 2009

Gazans returning to their homes in Beit Lahiya were shocked

The BBC’s Paul Wood is part of the first group of journalists to gain independent access to Gaza from Israel. He reports from Gaza City on his impressions as he entered northern Gaza hours after Israel declared a unilateral ceasefire.

The Erez crossing from Israel into Gaza is an eerie place at the best of times.

The first hours of a shaky ceasefire are not “the best of times”.

As we stepped out of the concrete tunnel which leads from Israeli passport control, we could hear tanks manoeuvring nearby.

Their spent shells were on the ground. Israeli drones – un-manned aircraft – were circling overhead.

Unsurprisingly, the road was completely deserted, save for a couple of wild dogs and a donkey whose owner had long since fled.

The Hamas customs post, too, was abandoned – destroyed by Israeli fire.

Residents in Gaza describe their ordeal

But it was in the nearby town of Beit Lahiya that we saw the first real destruction and a hint of how so many lives have been lost here.

There were streets churned up by Israeli heavy armour; overturned cars; a lake of raw sewage in the street and a mosque left as a broken, charred ruin and smoke was still rising from a large school building across the way.

A Palestinian man carrying a white cane told me how his 13-year-old son had been killed by a tank shell.

“We were sleeping in our beds,” he says, “I am nearly blind. We were no threat to the Israelis.”

Everyone here denied there were military targets in the homes fired on by the Israeli forces.

But Hamas officials stopped us from filming at one site where bodies were still being removed.

This was a sign, perhaps, that there had indeed been some kind of military target if not in the houses then nearby.

Who is to blame for the loss of life in Gaza will be fiercely disputed between Israel and Hamas even as the final death toll is calculated.