Archive for the ‘Human rights’ Category

Prosecutor looks at ways to put Israeli officers on trial for Gaza ‘war crimes’

February 2, 2009
From
February 2, 2009

The International Criminal Court is exploring ways to prosecute Israeli commanders over alleged war crimes in Gaza.

The alleged crimes include the use of deadly white phosphorus in densely populated civilian areas, as revealed in an investigation by The Times last month. Israel initially denied using the controversial weapon, which causes horrific burns, but was forced later, in the face of mounting evidence, to admit to having deployed it.

When Palestinian groups petitioned the ICC this month, its prosecutor said that it was unable to take the case because it had no jurisdiction over Israel, a nonsignatory to the court. Now, however, Luis Moreno-Ocampo, the ICC prosecutor, has told The Times that he is examining the case for Palestinian jurisdiction over alleged crimes committed in Gaza.

Palestinian groups have submitted arguments asserting that the Palestinian Authority is the de facto state in the territory where the crimes were allegedly committed.

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“It is the territorial state that has to make a reference to the court. They are making an argument that the Palestinian Authority is, in reality, that state,” Mr Moreno-Ocampo told The Times at the World Economic Forum in Davos.

Part of the Palestinian argument rests on the Israeli insistence that it has no responsibility for Gaza under international law since it withdrew from the territory in 2006. “They are quoting jurisprudence,” Mr Moreno-Ocampo said. “It’s very complicated. It’s a different kind of analysis I am doing. It may take a long time but I will make a decision according to law.”

Mr Moreno-Ocampo said that his examination of the case did not necessarily reflect a belief that war crimes had been committed in Gaza. Determining jurisdiction was a first step, he said, and only after it had been decided could he launch an investigation.

The prosecutor’s office has already received several files on alleged crimes from Palestinian groups and is awaiting further reports from the Arab League and Amnesty International containing evidence gathered in Gaza.

Under the Rome treaty that founded it, the ICC can investigate and prosecute allegations of the most serious war crimes only if the country responsible is unwilling or unable to do so through its national courts.

States that are party to the treaty can refer cases of crimes committed by their citizens or on their territory. Cases involving the citizens or territory of a country that has not signed up to the court can be referred by the United Nations Security Council – as in the case of Darfur. Ivory Coast set a precedent as the first nonstate party to accept the ICC’s jurisdiction over alleged war crimes on its territory. It signed the Rome treaty but never ratified it. In 2005 it lodged a declaration with the court accepting the ICC’s jurisdiction over crimes committed there since September 2002.

Palestinian lawyers argue that the Palestinian Authority should be allowed to refer the cases in Gaza on this same ad hoc basis – despite its lack of internationally recognised statehood.

The case has wide-reaching ramifications for the Palestinian case for statehood. If the court rejects the case, it will highlight the legal black hole that Palestinians find themselves in while they remain stateless. However, it also underlines some of Israel’s worst fears about a Palestinian state on its borders. A Palestinian state that ratified the Rome treaty would then be able to refer alleged Israeli war crimes to the court without the current legal wrangling. The case could also lead to snowballing international recognition of a Palestinian state by countries eager to see Israel prosecuted.

One avenue would be for Israel to agree to investigate its commanders and prosecute any crimes discovered. That would remove any case from the orbit of the international court. So far that appears unlikely, given Israel’s repeated denials of war crimes in Gaza.

The Israeli army has, however, launched an internal inquiry into whether white phosphorus was used in some cases in built-up areas, having eventually admitted that it did use the incendiary substance, which is not illegal as a battlefield smokescreen but is banned from being used in civilian areas. Camera footage from one such attack shows what appears to be white phosphorous raining down on a UN school in Beit Lahiya, where Red Crescent ambulances and their crews were stationed.

A coalition of Israeli human rights groups has urged the country’s attorney-general to open an independent investigation into allegations of war crimes by troops, urging that to do so could head off international court cases. The groups, including the antisettlement organisation B’Tselem, said that there had been reports of Israeli forces firing into civilian areas, denying medical aid to the wounded and preventing Palestinian ambulances from reaching them, and of firing at people carrying white flags.

Meanwhile, the UN is preparing an inquiry into the bombardment of a UN school in Jabaliya, in the northern Gaza Strip. Israeli forces fired artillery shells outside the school, which had been converted into a refugee shelter for Gazans fleeing their homes. At least 43 people were killed. Israel said that Palestinian militants had fired from the compound, which was denied by the UN.

Anti-fascist and anti-war activist Dr George Barnsby at 90

February 1, 2009

Nasir Khan

The famous anti-racist, anti-war activist, a historian of the working class movement and revolutionary politics Dr George Barnsby turned 90 on January 29, 2009. To celebrate the occasion the Barnsby family organised a memorable birthday party in which more than one hundred guests took part.

The site of the event was Wolverhampton, now a thriving multicultural and ethnically diverse city in the Midlands, where once, in 1968, British Tory leader Enoch Powell had made his well-known apocalyptic ‘rivers of blood’ speech, in which he had warned the danger Britain faced because of the coming into Britain of non-white immigrants from the former British colonies. But the subsequent history of race relations in Wolverhampton has shown that the alarmist forebodings of the prophet of doom and racist reactionary politician were false.

The main reason for rejecting what Enoch Powell stood for that also had certain amount of backing in some sections of the white population was due to the incessant work of local politicians and workers, both from the white and non-white communities for creating a positive attitude towards the race issue and to cultivate a better understanding between the people of different ethnic backgrounds. As a result, we see that Wolverhampton emerged as a multicultural city we can all be proud of. Among those who contributed much to such a positive development the work of George Barnsby has a special significance. He was also able to mobilize support for his work with the assistance of many non-racist people and organizations.

From Norway, I had the honour to participate in the celebrations of my close comrade and friend. It was my first face-to-face meeting with him. The comradely affection and esteem he extended towards me on the occasion was something of an overwhelming experience for me. Our comradeship was very deep. Ever since our incidental contact that started about four years ago, I realised that ideologically and politically both of us were working on the same lines having a common world-outlook. In our own ways, both of us have been busy offering our views and showing our concerns through our websites.

Dr Barnsby consistently exposed the role of President Bush and his British ‘poodle’ Tony Blair in starting the genocidal wars of aggression in Iraq and Afghanistan as well their active support to the Zionist rulers of Israel to crush and destroy the people of Palestine. His expertise in understanding the international affairs as a class conscious writer and his revolutionary zeal in advancing the cause of peace and human rights earn him a special place of distinction among radical writers. I feel greatly honoured to have seen and talked to him and wish him many happy and active years in the future. His website (The Barnsby Blog: <http://gbpeopleslibrary.co.uk/blog/>) provides us with a necessary corrective to what the main stream media offer and I recommend it to our readers.

Siegman: Israel’s Lies

January 26, 2009

Henry Siegman | London Review of  Books, January 29, 2009

Western governments and most of the Western media have accepted a number of Israeli claims justifying the military assault on Gaza: that Hamas consistently violated the six-month truce that Israel observed and then refused to extend it; that Israel therefore had no choice but to destroy Hamas’s capacity to launch missiles into Israeli towns; that Hamas is a terrorist organisation, part of a global jihadi network; and that Israel has acted not only in its own defence but on behalf of an international struggle by Western democracies against this network.

I am not aware of a single major American newspaper, radio station or TV channel whose coverage of the assault on Gaza questions this version of events. Criticism of Israel’s actions, if any (and there has been none from the Bush administration), has focused instead on whether the IDF’s carnage is proportional to the threat it sought to counter, and whether it is taking adequate measures to prevent civilian casualties.

Middle East peacemaking has been smothered in deceptive euphemisms, so let me state bluntly that each of these claims is a lie. Israel, not Hamas, violated the truce: Hamas undertook to stop firing rockets into Israel; in return, Israel was to ease its throttlehold on Gaza. In fact, during the truce, it tightened it further. This was confirmed not only by every neutral international observer and NGO on the scene but by Brigadier General (Res.) Shmuel Zakai, a former commander of the IDF’s Gaza Division. In an interview in Ha’aretz on 22 December, he accused Israel’s government of having made a ‘central error’ during the tahdiyeh, the six-month period of relative truce, by failing ‘to take advantage of the calm to improve, rather than markedly worsen, the economic plight of the Palestinians of the Strip . . . When you create a tahdiyeh, and the economic pressure on the Strip continues,’ General Zakai said, ‘it is obvious that Hamas will try to reach an improved tahdiyeh, and that their way to achieve this is resumed Qassam fire . . . You cannot just land blows, leave the Palestinians in Gaza in the economic distress they’re in, and expect that Hamas will just sit around and do nothing.’

The truce, which began in June last year and was due for renewal in December, required both parties to refrain from violent action against the other. Hamas had to cease its rocket assaults and prevent the firing of rockets by other groups such as Islamic Jihad (even Israel’s intelligence agencies acknowledged this had been implemented with surprising effectiveness), and Israel had to put a stop to its targeted assassinations and military incursions. This understanding was seriously violated on 4 November, when the IDF entered Gaza and killed six members of Hamas. Hamas responded by launching Qassam rockets and Grad missiles. Even so, it offered to extend the truce, but only on condition that Israel ended its blockade. Israel refused. It could have met its obligation to protect its citizens by agreeing to ease the blockade, but it didn’t even try. It cannot be said that Israel launched its assault to protect its citizens from rockets. It did so to protect its right to continue the strangulation of Gaza’s population.

Everyone seems to have forgotten that Hamas declared an end to suicide bombings and rocket fire when it decided to join the Palestinian political process, and largely stuck to it for more than a year. Bush publicly welcomed that decision, citing it as an example of the success of his campaign for democracy in the Middle East. (He had no other success to point to.) When Hamas unexpectedly won the election, Israel and the US immediately sought to delegitimise the result and embraced Mahmoud Abbas, the head of Fatah, who until then had been dismissed by Israel’s leaders as a ‘plucked chicken’. They armed and trained his security forces to overthrow Hamas; and when Hamas – brutally, to be sure – pre-empted this violent attempt to reverse the result of the first honest democratic election in the modern Middle East, Israel and the Bush administration imposed the blockade.

Israel seeks to counter these indisputable facts by maintaining that in withdrawing Israeli settlements from Gaza in 2005, Ariel Sharon gave Hamas the chance to set out on the path to statehood, a chance it refused to take; instead, it transformed Gaza into a launching-pad for firing missiles at Israel’s civilian population. The charge is a lie twice over. First, for all its failings, Hamas brought to Gaza a level of law and order unknown in recent years, and did so without the large sums of money that donors showered on the Fatah-led Palestinian Authority. It eliminated the violent gangs and warlords who terrorised Gaza under Fatah’s rule. Non-observant Muslims, Christians and other minorities have more religious freedom under Hamas rule than they would have in Saudi Arabia, for example, or under many other Arab regimes.

The greater lie is that Sharon’s withdrawal from Gaza was intended as a prelude to further withdrawals and a peace agreement. This is how Sharon’s senior adviser Dov Weisglass, who was also his chief negotiator with the Americans, described the withdrawal from Gaza, in an interview with Ha’aretz in August 2004:

What I effectively agreed to with the Americans was that part of the settlements [i.e. the major settlement blocks on the West Bank] would not be dealt with at all, and the rest will not be dealt with until the Palestinians turn into Finns . . . The significance [of the agreement with the US] 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. And all this with [President Bush’s] authority and permission . . . and the ratification of both houses of Congress.

Do the Israelis and Americans think that Palestinians don’t read the Israeli papers, or that when they saw what was happening on the West Bank they couldn’t figure out for themselves what Sharon was up to?

Israel’s government would like the world to believe that Hamas launched its Qassam rockets because that is what terrorists do and Hamas is a generic terrorist group. In fact, Hamas is no more a ‘terror organisation’ (Israel’s preferred term) than the Zionist movement was during its struggle for a Jewish homeland. In the late 1930s and 1940s, parties within the Zionist movement resorted to terrorist activities for strategic reasons. According to Benny Morris, it was the Irgun that first targeted civilians. He writes in Righteous Victims that an upsurge of Arab terrorism in 1937 ‘triggered a wave of Irgun bombings against Arab crowds and buses, introducing a new dimension to the conflict’. He also documents atrocities committed during the 1948-49 war by the IDF, admitting in a 2004 interview, published in Ha’aretz, that material released by Israel’s Ministry of Defence showed that ‘there were far more Israeli acts of massacre than I had previously thought . . . In the months of April-May 1948, units of the Haganah were given operational orders that stated explicitly that they were to uproot the villagers, expel them, and destroy the villages themselves.’ In a number of Palestinian villages and towns the IDF carried out organised executions of civilians. Asked by Ha’aretz whether he condemned the ethnic cleansing, Morris replied that he did not:

A Jewish state would not have come into being without the uprooting of 700,000 Palestinians. Therefore it was necessary to uproot them. There was no choice but to expel that population. It was necessary to cleanse the hinterland and cleanse the border areas and cleanse the main roads. It was necessary to cleanse the villages from which our convoys and our settlements were fired on.

In other words, when Jews target and kill innocent civilians to advance their national struggle, they are patriots. When their adversaries do so, they are terrorists.

It is too easy to describe Hamas simply as a ‘terror organisation’. It is a religious nationalist movement that resorts to terrorism, as the Zionist movement did during its struggle for statehood, in the mistaken belief that it is the only way to end an oppressive occupation and bring about a Palestinian state. While Hamas’s ideology formally calls for that state to be established on the ruins of the state of Israel, this doesn’t determine Hamas’s actual policies today any more than the same declaration in the PLO charter determined Fatah’s actions.

These are not the conclusions of an apologist for Hamas but the opinions of the former head of Mossad and Sharon’s national security adviser, Ephraim Halevy. The Hamas leadership has undergone a change ‘right under our very noses’, Halevy wrote recently in Yedioth Ahronoth, by recognising that ‘its ideological goal is not attainable and will not be in the foreseeable future.’ It is now ready and willing to see the establishment of a Palestinian state within the temporary borders of 1967. Halevy noted that while Hamas has not said how ‘temporary’ those borders would be, ‘they know that the moment a Palestinian state is established with their co-operation, they will be obligated to change the rules of the game: they will have to adopt a path that could lead them far from their original ideological goals.’ In an earlier article, Halevy also pointed out the absurdity of linking Hamas to al-Qaida.

In the eyes of al-Qaida, the members of Hamas are perceived as heretics due to their stated desire to participate, even indirectly, in processes of any understandings or agreements with Israel. [The Hamas political bureau chief, Khaled] Mashal’s declaration diametrically contradicts al-Qaida’s approach, and provides Israel with an opportunity, perhaps a historic one, to leverage it for the better.

Why then are Israel’s leaders so determined to destroy Hamas? Because they believe that its leadership, unlike that of Fatah, cannot be intimidated into accepting a peace accord that establishes a Palestinian ‘state’ made up of territorially disconnected entities over which Israel would be able to retain permanent control. Control of the West Bank has been the unwavering objective of Israel’s military, intelligence and political elites since the end of the Six-Day War.[*] They believe that Hamas would not permit such a cantonisation of Palestinian territory, no matter how long the occupation continues. They may be wrong about Abbas and his superannuated cohorts, but they are entirely right about Hamas.

Middle East observers wonder whether Israel’s assault on Hamas will succeed in destroying the organisation or expelling it from Gaza. This is an irrelevant question. If Israel plans to keep control over any future Palestinian entity, it will never find a Palestinian partner, and even if it succeeds in dismantling Hamas, the movement will in time be replaced by a far more radical Palestinian opposition.

If Barack Obama picks a seasoned Middle East envoy who clings to the idea that outsiders should not present their own proposals for a just and sustainable peace agreement, much less press the parties to accept it, but instead leave them to work out their differences, he will assure a future Palestinian resistance far more extreme than Hamas – one likely to be allied with al-Qaida. For the US, Europe and most of the rest of the world, this would be the worst possible outcome. Perhaps some Israelis, including the settler leadership, believe it would serve their purposes, since it would provide the government with a compelling pretext to hold on to all of Palestine. But this is a delusion that would bring about the end of Israel as a Jewish and democratic state.

Anthony Cordesman, one of the most reliable military analysts of the Middle East, and a friend of Israel, argued in a 9 January report for the Center for Strategic and International Studies that the tactical advantages of continuing the operation in Gaza were outweighed by the strategic cost – and were probably no greater than any gains Israel may have made early in the war in selective strikes on key Hamas facilities. ‘Has Israel somehow blundered into a steadily escalating war without a clear strategic goal, or at least one it can credibly achieve?’ he asks. ‘Will Israel end in empowering an enemy in political terms that it defeated in tactical terms? Will Israel’s actions seriously damage the US position in the region, any hope of peace, as well as moderate Arab regimes and voices in the process? To be blunt, the answer so far seems to be yes.’ Cordesman concludes that ‘any leader can take a tough stand and claim that tactical gains are a meaningful victory. If this is all that Olmert, Livni and Barak have for an answer, then they have disgraced themselves and damaged their country and their friends.’

15 January

International Law and Israel’s War on Gaza

January 25, 2009

by Francis A. Boyle

Global Research, January 24, 2009

mwcnews.net

When the Oslo Document was originally presented by the Israeli government to the Palestinian Delegation to the Middle East Peace Negotiations in the Fall of 1992, it was rejected by the Delegation because it obviously constituted a bantustan. This document carried out Menachem Begin’s disingenuous misinterpretation of the Camp David Accords–expressly rejected by U.S. President Jimmy Carter–that all they called for was autonomy for the people and not for the land too.

Soon thereafter, unbeknownst to the Delegation and to almost everyone else, the Israeli government opened up a secret channel of negotiations in Norway. There the Israeli government re-presented the document that had already been rejected by the Palestinian Delegation in Washington, D.C. It was this document, with very minor modifications, that was later signed at the White House on 13 September 1993.

Before the signing ceremony, I commented to a high-level official of the Palestine Liberation Organization: “This document is like a straight-jacket. It will be very difficult to negotiate your way out of it.” This PLO official agreed with my assessment and responded: “Yes, you are right. It will depend upon our negotiating skill.”

Of course I have great respect for Palestinian negotiators. They have done the best they can negotiating in good faith with the Israeli government that has been invariably backed up by the United States. But there has never been any good faith on the part of the Israeli government either before, during or after Oslo. Ditto for the United States.

Even if Oslo had succeeded, it would have resulted in the imposition of a bantustan upon the Palestinian People. But Oslo has run its course! Therefore, it is my purpose here today to chart a NEW DIRECTION for the Palestinian People to consider.

An agenda for an international legal response:

First, we must immediately move for the de facto suspension of Israel throughout the entirety of the United Nations System, including the General Assembly and all U.N. subsidiary organs and bodies. We must do to Israel what the U.N. General Assembly has done to the genocidal rump Yugoslavia and to the criminal apartheid regime in South Africa! Here the legal basis for the de facto suspension of Israel at the U.N. is quite simple:

As a condition for its admission to the United Nations Organization, Israel formally agreed to accept General Assembly Resolution 181 (II) (1947) (partition/Jerusalem trusteeship) and General Assembly Resolution 194 (III) (1948) (Palestinian right of return), inter alia. Nevertheless, the government of Israel has expressly repudiated both Resolution 181 (II) and Resolution 194 (III). Therefore, Israel has violated its conditions for admission to U.N. membership and thus must be suspended on a de facto basis from any participation throughout the entire United Nations System.

Second, any further negotiations with Israel must be conducted on the basis of Resolution 181 (II) and its borders; Resolution 194 (III); subsequent General Assembly resolutions and Security Council resolutions; the Third and Fourth Geneva Conventions of 1949; the 1907 Hague Regulations; and other relevant principles of public international law.

Third, we must abandon the fiction and the fraud that the United States government is an “honest broker.” The United States government has never been an honest broker from well before the very outset of these negotiations in 1991. Rather, the United States has invariably sided with Israel against the Palestinians. We need to establish some type of international framework to sponsor these negotiations where the Palestinian negotiators will not be subjected to the continual bullying, threats, harassment, intimidation and outright lies perpetrated by the United States government.

Fourth, we must move to have the U.N. General Assembly impose economic, diplomatic, and travel sanctions upon Israel pursuant to the terms of the Uniting for Peace Resolution (1950), whose Emergency Special Session on Palestine is now in recess.

Fifth, the Provisional Government of the State of Palestine must sue Israel before the International Court of Justice in The Hague for inflicting acts of genocide against the Palestinian People in violation of the 1948 Genocide Convention!

Sixth, An International Criminal Tribunal for Israel (ICTI) can be established by the UN General Assembly as a “subsidiary organ” under article 22 of the UN Charter. Article 22 of the UN Charter states the UN General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions. The purpose of the ICTI would be to investigate and Prosecute suspected Israeli war criminals for offences against the Palestinian people.

On January 4, 2009, Nobel Peace Laureate, Mairead Maguire wrote to the UN Secretary General, Ban Ki-Moon and Father Miguel D’Escoto President of United Nations General assembly adding her voice to the many calls from International Jurists, Human rights Organizations, and individuals, for the UN General Assembly to seriously consider establishing an International Criminal Tribunal for Israel in view of the ongoing Israeli atrocities against the people of Gaza and Palestine.

Francis A. Boyle is Professor of International Law at the University of Illinois. He was Legal Advisor to the Palestinian Delegation to the Middle East Peace Negotiations (1991-93)

Jewish Voices of Dissent on Gaza

January 25, 2009

by César Chelala | Middle East Time, January 25, 2009

As the dust is settling on the barren Gazan landscape, it is appropriate to listen to the voices of Jewish intellectuals who have forcefully spoken against the Israeli government actions in Gaza. Their opinion helps bring a much needed perspective on the situation.

Uri Avnery, one of the most outspoken leaders in the Israeli human rights community, a former Israeli soldier and member of the Knesset writes, “In this war, as in any modern war, propaganda plays a major role. The disparity between the forces, between the Israeli army – with its airplanes, gunships, drones, warships, artillery and tanks – and the few thousand lightly-armed Hamas fighters, is one to a thousand, perhaps one to a million. In the political arena the gap between them is even wider. But in the propaganda war, the gap is almost infinite.”

“Almost all the Western media initially repeated the official Israeli propaganda line. They almost entirely ignored the Palestinian side of the story, not to mention the daily demonstrations of the Israeli peace camp. The rationale of the Israeli government (“The state must defend its citizens against the Qassam rockets”) has been accepted as the whole truth. The view from the other side, that the Qassams are retaliation for the siege that starves the 1.5 million inhabitants of the Gaza Strip, was not mentioned at all.”

The Qassam rockets fired at Israeli towns were the excuse for the more than 1,400 people, many of them civilians, killed by the Israeli Defense Forces (IDF), and for the thousands of maimed.

In a speech in the House of Commons on Jan. 15 MP Gerald Kaufman said, “My parents came to Britain as refugees from Poland. Most of their families were subsequently murdered by the Nazis in the Holocaust. My grandmother was ill in bed when the Nazis came to her home in Staszow. A German soldier shot her dead in her bed.”

“My grandmother did not die to provide cover for Israeli soldiers murdering Palestinian grandmothers in Gaza. The current Israeli government ruthlessly and cynically exploits the continuing guilt among gentiles over the slaughter of Jews in the Holocaust as justification for the murder of Palestinians. The implication is that Jewish lives are precious, but the lives of Palestinians don’t count.”

The IDF claim that maximum care had been taken to minimize civilians lost of lives. Sara Roy, a senior research scholar at the Center for Middle Eastern Studies at Harvard University, wrote recently in the Christian Science Monitor, “One Palestinian friend asked me, ‘Why did Israel attack when the children were leaving school and the women were in the markets’?”

“And what will happen to Jews as a people whether we live in Israel or not? Why have we been unable to accept the fundamental humanity of Palestinians and include them within our moral boundaries? Rather, we reject any human connection with the people we are oppressing. Ultimately, our goal is to tribalize pain, narrowing the scope of human suffering to ourselves alone.”

With the cease-fire now in effect, it is fair to ask what has been the result of this tragic war. Has it made Israel safer, has it destroyed Hamas, has it eliminated the threat of Hamas firing Qassam rockets into Israeli towns and cities? Has it made the population of Gaza more moderate? Let’s listen to Gideon Levy.

Writing in the Israeli newspaper Haaretz Levy states: “On the morrow of the return of the last Israeli soldier from Gaza, we can determine with certainty that they had all gone out there in vain. This war has ended in utter failure for Israel…. We have gained nothing in this war save hundreds of graves, some of them very small, thousands of maimed people, much destruction and the besmirching of Israel’s image…. The conclusion is that Israel is a violent and dangerous country, devoid of all restraints and blatantly ignoring the resolutions of the United Nations Security Council, while not giving a hoot to international law.”

Or, as Sara Roy also states, “Israel’s victories are pyrrhic and reveal the limits of Israeli power and our own limitations as a people: our inability to live a life without barriers. Are these the boundaries of our rebirth after the Holocaust? As Jews in a post-Holocaust world empowered by a Jewish state, how do we as people emerge from atrocity and abjection, empowered but also humane? How do we move beyond fear to envision something different, even if uncertain? The answers will determine who we are and what, in the end, we become.”

César Chelala, MD, PhD, is a co-winner of an Overseas Press Club of America award. He is also the foreign correspondent for Middle East Times International (Australia).

Galloway: From London to Gaza

January 25, 2009

Despite official apathy to the suffering in Gaza, Londoners are gathering for a solidarity convoy to deliver aid to Palestine

The government is always looking for some Islamic organisation to proscribe or some Muslim cleric – preferably with a steel claw – to ban. All in the name of community cohesion and preventing violent extremism. But how many Muslims does the government think have been radicalised by the horrific scenes coming out of Gaza and the complacent hypocrisy of the British foreign office?

The appeal for a policy that breaks with slavish support for Israel’s actions operates on a number of different levels. I’ve long since stopped addressing the great lacuna which passes for an ethical sense at King Charles Street. An argument based on naked self-interest stands a better chance. And from that point of view the efforts by various branches of government not only to justify the unjustifiable in Palestine, but to delegitimise protests over it are extremely difficult to fathom.

Take the official policy of systematically undercounting the number of people who take part in protests. Among other things, that tells those who take part in the hope of making a difference that peaceful, democratic protest will not even be registered properly, let alone make a difference to political outcomes. Then there are the extraordinary attempts to clamp down on protest. In Birmingham, for example, the council, the largest local authority in Europe, withdrew permission for a demonstration over Gaza just days before it was due to take place. It went ahead, without incident, thanks to the leadership of my friend Councillor Salma Yaqoob, who marshalled a cross-section of politicians behind it.

In Tower Hamlets young people organised a 100-strong car cavalcade in protest at the massacres in Gaza and advertising a national demonstration in central London. The following day the police were handing out fliers at Brick Lane mosque telling people that such activities were illegal. Of all the problems we face in Tower Hamlets – including illegal activities – not one of them is young men cooperating with one another and using their cars to form peaceful convoys with a socially engaged message. I’m sure the same is true elsewhere in the capital.

If the authorities in London and across Britain thought this through they would welcome this efflorescence of political protests over Gaza. How better to marginalise the violent extremists than by creating the space for radical but democratic political engagement?

And that space is burgeoning, whether the government likes it or not. The upsurge in solidarity and political engagement over Palestine is astonishing – and almost wholly outwith the political mainstream. The kinds of meetings I and others in the anti-war movement have been addressing across Britain are reminiscent of 2002 and the build-up to the Iraq war. This time, however, people want to do much more than march and rally. There is a groundswell of solidarity.

That’s why I’ve taken the initiative to launch a solidarity convoy from Britain to Gaza, through north Africa, headed by firefighting equipment donated by the Fire Brigades Union. The convoy will contain trucks and vans from towns and cities across the country containing medicines and other necessities the Palestinians of Gaza desperately need.

This is not an alternative, of course, to the vast amounts of aid that ought to be airlifted now to Gaza. The purpose of the convoy, however, is not simply to bring aid. It is to provide a focus for solidarity and actions such as those in Birmingham city council, which has taken a big step towards boycotting Israel. I think the time is ripe to push these issues into London councils and the London Assembly. The mayor of London’s silence over Gaza is out of step with the feeling of most Londoners. That gap is going to be keenly felt in the coming months.

The convoy’s route through north Africa is deliberately chosen. It will take it through big Arab centres and into Egypt, which holds the key to the liberation of Gaza and Palestine. The response to the call for the convoy has been overwhelming. Mosques, community groups, trade unions and other organisations are busy organising to get a truck on the road and to fill it with useful things.

In my experience it is tapping something wider than a basic humanitarian response to the suffering in Gaza. I cannot think of anything better to forge the bonds of social solidarity the government says it wants to see. In the 1930s ordinary people across Europe rallied to aid the people of Republican Spain, who faced the bombing of towns and the massacres of civilians by the jackbooted General Franco. The cry was “Aidez L’Espagne!” – today the call should be “Viva Palestina!”

Calling a Time Out

January 24, 2009

As you settle into the Oval Office, Mr. President, may I offer a suggestion? Please do not try to put Afghanistan aright with the U.S. military. To send our troops out of Iraq and into Afghanistan would be a near-perfect example of going from the frying pan into the fire. There is reason to believe some of our top military commanders privately share this view. And so does a broad and growing swath of your party and your supporters.

True, the United States is the world’s greatest power — but so was the British Empire a century ago when it tried to pacify the warlords and tribes of Afghanistan, only to be forced out after excruciating losses. For that matter, the Soviet Union was also a superpower when it poured some 100,000 troops into Afghanistan in 1979. They limped home, broken and defeated, a decade later, having helped pave the way for the collapse of the Soviet Union.

It is logical to conclude that our massive military dominance and supposedly good motives should let us work our will in Afghanistan. But logic does not always prevail in South Asia. With belligerent Afghan warlords sitting atop each mountain glowering at one another, the one factor that could unite them is the invasion of their country by a foreign power, whether British, Russian or American.

I have believed for some time that military power is no solution to terrorism. The hatred of U.S. policies in the Middle East — our occupation of Iraq, our backing for repressive regimes such as Egypt and Saudi Arabia, our support of Israel — that drives the terrorist impulse against us would better be resolved by ending our military presence throughout the arc of conflict. This means a prudent, carefully directed withdrawal of our troops from Iraq, Afghanistan, Saudi Arabia, Qatar and elsewhere. We also need to close down the imposing U.S. military bases in this section of the globe, which do so little to expand our security and so much to stoke local resentment.

We cannot evade this reckoning. The British thought they could extend their control over Iraq even while pulling out their ground forces by creating a string of bases in remote parts of the country, away from the observation of most Iraqis. It didn’t work. No people that desires independence and self-determination wishes to have another nation’s military bases in its country. In 1776, remember, 13 little colonies drove the mighty British Empire from American soil.

In 2003, the Bush administration ordered an invasion of Iraq, supposedly to reduce terrorism. But six years later, there is more terrorism and civil strife in Iraq, not less. The same outcome may occur in Afghanistan if we make it the next American military conflict.

Mr. President, the bright promise of your brilliant campaign for the White House and the high hopes of the millions who thronged the Mall on Tuesday to watch you be sworn in could easily be lost in the mountains and wastelands of Afghanistan.

The Nobel Prize-winning economist Joseph E. Stiglitz has estimated that the war in Iraq will have a total cost of more than $3 trillion. That war has clearly weakened our economy and our armed forces even as it has made the national debt soar. The Bush administration committed itself to Iraq before the recession. Today, with our economy teetering, does the Obama administration believe that it is time for yet another costly war in yet another Muslim country?

I’m aware that some of my fellow Americans regard me as too idealistic. But sometimes idealism is the best realism. And at a minimum, realism and idealism need not be contradictory. The invasion and occupation of Iraq has not only angered Iraqis who have lost family members, neighbors or homes; it has also increased the level of anger throughout the Muslim world and thrown up obstacles to our political leadership in that deeply important part of the planet.

Like you, Mr. President, I don’t oppose all wars. I risked my life in World War II to protect our country against genuine danger. But it is the vivid memory of my fellow airmen being shot out of the sky on all sides of me in a war that I believe we had to fight that makes me cautious about sending our youth into needless conflicts that weaken us at home and abroad, and may even weaken us in the eyes of God.

As you have noted, Mr. President, we take pride in our soldiers who conduct themselves bravely. But as you have also said, some of these soldiers have served two, three and even four tours in dangerous combat. Many of them have come home with enduring brain and nerve damage and without arms and legs. These troops need rest, rehabilitation and reunions with their families.

So let me suggest a truly audacious hope for your administration: How about a five-year time-out on war — unless, of course, there is a genuine threat to the nation?

During that interval, we could work with the U.N. World Food Program, plus the overseas arms of the churches, synagogues, mosques and other volunteer agencies to provide a nutritious lunch every day for every school-age child in Afghanistan and other poor countries. Such a program is now underway in several countries approved by Congress and the United Nations, under the auspices of the George McGovern-Robert Dole International Food for Education and Child Nutrition Act. (Forgive the self-serving title.) Although the measure remains painfully underfunded, with the help of other countries, we are reaching millions of children. We could supplement these efforts with nutritional packages for low-income pregnant and nursing mothers and their infants from birth through the age of 5, as is done here at home by WIC, the Special Supplemental Nutrition Program for Women, Infants and Children.

Is this proposal pie-in-the-sky? I don’t think so. It’s food in the stomachs of hungry kids. It would draw them to school and enable them to learn and grow into better citizens. It would cost a small fraction of warfare’s cost, but it might well be a stronger antidote to terrorism. There will always be time for another war. But hunger can’t wait.

George McGovern, a former senator from South Dakota, was the Democratic nominee for president in 1972.

BBC rebuked over refusal to air Gaza appeal

January 24, 2009

Douglas Alexander, the international development secretary, yesterday rebuked Britain’s broadcasters for refusing to air an emergency appeal for Gaza by Britain’s Disasters Emergency Committee.

In a letter to the BBC, Sky and ITV, Alexander expressed his “disappointment” that the appeal would not be broadcast.

The BBC refused to broadcast the humanitarian appeal for Gaza on the grounds that it did not want to risk public confidence in its impartiality.

The decision meant that other broadcasters also refused to air the appeal by the committee, the umbrella group for 13 aid charities.

A BBC spokesperson said: “The decision was made because of question marks about the delivery of aid in a volatile situation and also to avoid any risk of compromising public confidence in the BBC’s impartiality in the context of [a] news story.”

In his letter Alexander said: “I write to express my disappointment at your decision not to support the Disasters & Emergency Committee (DEC) Gaza Crisis Appeal. I met with DEC, along with other NGOs and charities, yesterday to discuss their and the British government’s humanitarian response.

“As you know, the support of broadcasters is highly effective and extremely valued by the group of charities and NGOs who provide humanitarian relief under the DEC umbrella.”

Alexander offered to mediate between the charities and the broadcasters. “I understand from a statement issued to the press by the BBC that ‘the decision was made because of question marks about the delivery of aid in a volatile situation’.

“I stand ready to facilitate discussions with NGOs and charities to seek to address broadcasters’ concerns on this point. The situation is developing on the ground and I understand that Oxfam, Save the Children and others have been able to get some aid into Gaza today.”

Falk likens Gaza to Warsaw Ghetto

January 23, 2009

Press TV
Thu, 22 Jan 2009 19:32:11 GMT

UN investigator Richard Falk says Israeli crimes in Gaza will leave Palestinians mentally scarred for life.

There is more than enough evidence that Israel committed war crimes in its three week-long offensive into Gaza, says a UN investigator.

UN special rapporteur Richard Falk called for an independent inquiry into Israel’s violation of international humanitarian law.

Falk said Israel’s actions against the besieged Gazans are reminiscent of “the worst kind of international memories of the Warsaw Ghetto” which included the starvation and murder of Polish Jews by Nazi Germany in World War Two.

“There could have been temporary provision at least made for children, disabled, sick civilians to leave, even if where they left to was southern Israel,” said the Jewish American academic on Thursday.

Falk, who was denied entry to Israel in December, said Gazans may have been mentally scarred for life because Israel made no effort to allow civilians to escape.

Israeli officials moved closer to being prosecuted for war crimes after Norwegian medics in Gaza found traces of depleted uranium on Gaza victims, suggesting that Israel used the illegal weapons in its war on the impoverished territory, which houses some 1.5 million Palestinians.

According to the International Atomic Energy Agency (IAEA), there is a “high risk of developing cancer from exposure to radiation emitted by … depleted uranium weapons. This risk is assumed to be proportional to the dose received.”

The Geneva Convention has classified depleted uranium ammunitions as ‘illegal weapons of mass destruction’ due to their high radioactivity and toxicity.

Israel faces potential war crimes charges over its excessive use of other controversial weapons on the densely-populated coastal strip.

Human rights group Amnesty International has also touched on the issue, saying that Tel Aviv used white phosphorus munitions “indiscriminately and illegally” in overcrowded areas of Gaza.

“The repeated use [of White Phosphorus] in this manner, despite evidence of its indiscriminate effects and its toll on civilians, is a war crime,” said Donatella Rovera of the Amnesty International.

White phosphorus is a high-incendiary substance that bursts into all-consuming flames that cannot be extinguished with water, burning flesh to the bone and often leading to death.

Israel launched its Operation Cast Lead on December 27 to allegedly defend its territories from Hamas rockets, which were fired in retaliation for Israel’s violation of a ceasefire that had then been in place.

Falk, dismissed Israel’s argument that the assault was for self-defense, saying that “the UN charter, and international law, does not give Israel the legal foundation for claiming self-defense.”

Worse Than an Earthquake

January 23, 2009

Kathy Kelly | Counterpunch, January 22, 2009

Rafah, Gaza.

Traffic on Sea Street, a major thoroughfare alongside Gaza’s coastline, includes horses, donkeys pulling carts, cyclists, pedestrians, trucks and cars, mostly older models. Overhead, in stark contrast to the street below, Israel’s ultra modern unmanned surveillance planes criss-cross the skies. F16s and helicopters can also be heard. Remnants of their deliveries, the casings of missiles, bombs and shells used during the past three weeks of Israeli attacks, are scattered on the ground.

Workers have cleared most of the roads. Now, they are removing massive piles of wreckage and debris, much as people do following an earthquake.

“Yet, all the world helps after an earthquake,” said a doctor at the Shifaa hospital in Gaza. “We feel very frustrated,” he continued. “The West, Europe and the U.S., watched this killing go on for 22 days, as though they were watching a movie, watching the killing of women and children without doing anything to stop it. I was expecting to die at any moment. I held my babies and expected to die. There was no safe place in Gaza.”

He and his colleagues are visibly exhausted, following weeks of work in the Intensive Care and Emergency Room departments at a hospital that received many more patients than they could help. “Patients died on the floor of the operating room because we had only six operating rooms,” said Dr. Saeed Abuhassan, M.D, an ICU doctor who grew up in Chicago. “And really we don’t know enough about the kinds of weapons that have been used against Gaza.”

In 15 years of practice, Dr. Abuhassan says he never saw burns like those he saw here. The burns, blackish in color, reached deep into the muscles and bones. Even after treatment was begun, the blackish color returned.

Two of the patients were sent to Egypt because they were in such critical condition. They died in Egypt. But when autopsies were done, reports showed that the cause of death was poisoning from elements of white phosphorous that had entered their systems, causing cardiac arrests.

In Gaza City, the Burn Unit’s harried director, a plastic surgeon and an expert in treating burns, told us that after encountering cases they’d never seen before, doctors at the center performed a biopsy on a patient they believed may have suffered chemical burns and sent the sample to a lab in Egypt. The results showed elements of white phosphorous in the tissue.

The doctor was interrupted by a phone call from a farmer who wanted to know whether it was safe to eat the oranges he was collecting from groves that had been uprooted and bombed during the Israeli invasion. The caller said the oranges had an offensive odor and that when the workers picked them up their hands became itchy.

Audrey Stewart had just spent the morning with Gazan farmers in Tufaa, a village near the border between Gaza and Israel. Israeli soldiers had first evacuated people, then dynamited the houses, then used bulldozers to clear the land, uprooting the orange tree groves. Many people, including children, were picking through the rubble, salvaging belongings and trying to collect oranges. At one point, people began shouting at Audrey, warning her that she was standing next to an unexploded rocket.

The doctor put his head in his hands, after listening to Audrey’s report. “I told them to wash everything very carefully. But these are new situations. Really, I don’t know how to respond,” he said.

Yet he spoke passionately about what he knew regarding families that had been burned or crushed to death when their homes were bombed. “Were their babies a danger to anyone?” he asked us.

“They are lying to us about democracy and Western values,” he continued, his voice shaking. “If we were sheep and goats, they would be more willing to help us.”

Dr. Saeed Abuhassan was bidding farewell to the doctors he’d worked with in Gaza. He was returning to his work in the United Arab Emirates. But before leaving, he paused to give us a word of advice. “You know, the most important thing you can tell people in your country is that U.S. people paid for many of the weapons used to kill people in Gaza,” said Dr. Saeed Abuhassan. “And this, also, is why it’s worse than an earthquake.”

Kathy Kelly, a co-coordinator of Voices for Creative Nonviolence, is writing from Arish, a town near the Rafah border between Egypt and Gaza. Bill Quigley, a human rights lawyer and law professor at Loyola New Orleans and Audrey Stewart are also in Egypt and contributed to this article. Kathy Kelly is the author of Other Lands Have Dreams (published by CounterPunch/AK Press). Her email is kathy@vcnv.org