Archive for the ‘Palestine’ Category

Self-Defense Against Peace

February 6, 2009

Israel’s Unjust War on Gaza

By Michael Mandel | Counterpunch, Feb 5, 2009

Did self-defence justify Israel’s war on Gaza?

Objections have been raised to this claim on grounds of a lack of both proportionality and necessity. To kill over 1000            Palestinians in 3 weeks, hundreds of them children, and wound thousands more, in order to deter a threat from rockets that did not kill or injure anybody in Israel for the six months the truce was declared by both sides, or even before Israel launched its attack on December 27, is so disproportionate as to be intolerable in any ethical system that holds Palestinian lives equal in value to Israeli lives. It is also so disproportionate as to defy belief that defence against these rockets was the real motive of the war. To ignore the many diplomatic avenues available to avoid even this threat, such as lifting the suffocating 18-month siege, suggests the same thing.

A more fundamental objection, however, is the self-evident legal and moral principle that an aggressor cannot rely upon self-defence to justify violence against resistance to its own aggression. You can find this principle in domestic law and in the judgments of the Nuremberg tribunals.

To quote one Nuremberg judge:

On of the most amazing phenomena of this case which does not lack in startling features is the manner in which the aggressive war conducted by Germany against Russia has been treated by the defense as if it were the other way around. …If it is assumed that some of the resistance units in Russia or members of the population did commit acts which were in themselves unlawful under the rules of war, it would still have to be shown that these acts were not in legitimate defense against wrongs perpetrated upon them by the invader. Under International Law, as in Domestic Law, there can be no reprisal against reprisal. The assassin who is being repulsed by his intended victim may not slay him and then, in turn, plead self defense. (Trial of Otto Ohlendorf and others, Military Tribunal II-A, April 8, 1948)

So who was the aggressor here?

There would have been no question as to who was the aggressor had this attack taken place before Israel’s withdrawal from the Gaza strip in 2005. At that point Israel had been committing a continuous aggression against Gaza for 38 years, in its illegal and violent occupation of it, along with the rest of the Palestinian territory, including East Jerusalem, after its conquest in 1967.

By 2005, the occupation had been condemned as illegal by the highest organs with jurisdiction over international law, most notably the International Court of Justice in its 2004 opinion on the separation barrier. A central illegality of the occupation for the International Court lay in Israel’s settlements, which violate the law against colonization, and which are central to the occupation. The fifteen judges of the International Court were unanimously of the opinion that the settlements were illegal and the wall itself was held by a majority of 13-2 to be illegal, partly because it was there to defend the settlements, and not Israel itself, and thus could not qualify as self-defence.

The rocket attacks from Gaza started in 2001 and took their first Israeli victim in 2004. Since then, there had been 14 Israeli victims prior to the current war. Tragic, indeed, but obviously paling in comparison to the 1700 Palestinians killed in Gaza during the same period. One death is indeed a tragedy, but many deaths are not just “a statistic”, as Stalin had it; they are the tragedy multiplied many times over. Given Israel’s illegal, aggressive and violent occupation, prior to the withdrawal, Gaza rockets could only be regarded as necessary and proportionate self-defence, or as reprisals against Israel’s aggression.

Did Israel’s withdrawal from Gaza in 2005 change the situation?

It has been forcefully argued that the 18-month siege of Gaza, a major reason for Hamas’ refusal to extend the truce, was itself an act of aggression, giving rise to a right of self-defence.

But even more important, though usually ignored, is Israel’s continued illegal and aggressive occupation of the West Bank and East Jerusalem after the withdrawal from Gaza in 2005. Indeed, the withdrawal from Gaza was intended to strengthen the hold on the other territories and was accompanied by a greater increase in the number of settlers there than those removed from Gaza.

The occupation of the West Bank and East Jerusalem figured equally with Gaza in the condemnations of the World Court and the Security Council. Furthermore, in the Oslo Accords, Israel and the Palestinians agreed that “The two sides view the West Bank and the Gaza Strip as a single territorial unit, the integrity and status of which will be preserved during the interim period.” Indeed, when Hamas won the elections in 2006, elections declared impeccably fair and civil by all international observers, it won them for the whole of the Palestinian Authority, including the West Bank (it was not allowed by Israel to campaign in East Jerusalem). Many Hamas West Bank legislators remain in Israeli jails.

And the basic fact is that the Palestinians of the West Bank and Gaza are one people, however separated they are by walls and fences and check-points. Israel’s unilateral withdrawal from one part of that people’s land cannot turn that people into aggressors when they resist the illegal occupation of the rest.

So self-defense cannot justify this attack, or the siege that preceded it. What can? That Hamas is a “terrorist organization”? But terrorism is about deliberately killing civilians for illegal political ends, and in that enterprise, Israel has topped Hamas by many multiples. That Hamas does not recognize Israel’s “right to exist”? But Hamas has offered many times to make a long-term truce with Israel on the basis of the legal international borders, something it is clearly entitled to insist upon. Israel says that’s not good enough, that Hamas first has to recognize Israel’s legitimacy, in other words, it has to concede the legitimacy of the Jewish state and all it has meant to the Palestinians. In other words, as one Israeli journalist ironized, Israel is insisting that Hamas embrace Zionism as a condition of even talking peace with it.

These are not justifications for violence on this or any scale. Indeed, they point to the most plausible reason Israel is fighting Hamas (and the PLO before it): self-defence, if you will, not against rockets and mortars, but against having to make peace with the Palestinians on the basis of the pre-1967 borders as required by international law.

Michael Mandel is Professor of Law at Osgoode Hall Law School of York University in Toronto, where he teaches the Law of War. He is the author of How America Gets Away with Murder.

Settlement Expansion Cutting Into Peace

February 6, 2009

By Daan Bauwens | Inter Press Service

TEL AVIV, Feb 6 (IPS) – A secret government database revealed last week the real extent of settlement construction on the West Bank. In violation of the Road Map to peace agreed with the U.S., Israeli Defence Minister Ehud Barak, it turned out, agreed to the construction of another settlement on the West Bank. Many now question how devoted Israeli leaders really are to the idea of achieving peace.

A comprehensive official database on settler activity, compiled systematically by order of the Israeli Ministry of Defence, shows that in 75 percent of the West Bank settlements, construction has been carried out without the permits that were issued, or contrary to them. Furthermore, the database reveals that in more than 30 settlements, extensive construction of roads, schools, synagogues and even police stations was carried out on private land belonging to Palestinian residents.

The data-gathering project began four years ago. Brigadier-General Baruch Spiegel, aide to former Minister of Defence Shaul Mofaz, was put in charge. The idea was to have credible and readily accessible information to counter legal action by Palestinian residents, human rights organisations and leftist movements who challenge the legality of settlement construction in the West Bank.

The Ministry of Defence has always refused to publicise the data, arguing that it would endanger Israel’s national security, or harm its foreign relations. The report was recently obtained and published on the Internet by the Israeli daily Haaretz.

The information on the database demonstrates that the state does not abide by its own rules. The website of the Foreign Ministry says: “Israel’s actions relating to the use and allocation of land under its administration are all taken with strict regard to the rules and norms of international law – Israel does not requisition private land for the establishment of settlements.”

And yet, in many of the settlements it was the Ministry of Construction and Housing that was responsible for the construction. A large part of the newly built infrastructure involves roads, schools and police stations. Besides, the large extent of building violations demonstrates the poor functioning of the Israeli Civil Administration which is in charge of supervision of construction in the territories.

Earlier last week, Israel’s largest peace movement Peace Now published a report with the title ‘Settlers do not need to wait for Bibi’, referring to the right-wing Likud party leader Benjamin Netanyahu, and the fact that settlers do not necessarily need a right-wing government to carry on with their mission of occupying the Biblical promised land. Among other things, Peace Now’s Settlement Watch discovered that the construction of settlements increased almost 60 percent in 2008.

Freezing of all settlement construction is the cornerstone of the road map to peace. The road map was founded on the findings of the Sharm-el-Sheikh fact-finding committee on the second Intifadah (Palestinian uprising) chaired by George Mitchell, currently U.S. special envoy to the Middle East.

After the mission, Mitchell formulated the “settlement-terrorism equation” in 2001 that demanded an immediate stop to terror from the Palestinian side and halting of all settlement activity, including construction for natural growth from the Israeli side.

Former Israeli prime minister Ariel Sharon and former U.S. president George W. Bush adopted the Mitchell agenda, suppressing Palestinian terrorism by building a separation wall that left most of the settlements on the outside, and then by evacuating settlers from the Gaza Strip. Israel was allowed to keep on building within the settlements enclosed by the fence.

At the peace negotiations in 2007 in Annapolis (in Maryland in the U.S.), the centre-left Kadima-Labour government again pledged to freeze all construction in order to make a two-state solution to the conflict possible. In November 2008 Prime Minister Ehud Olmert declared he was cutting off funding for illegal outposts, thereby admitting that the state had until then financed the construction of these officially unrecognised, illegal settlements on Palestinian land.

“It is political weakness,” says Hagit Ofran, head of Peace Now’s Settlement Watch. “Religious people, ideologists want to hold on to the West Bank and in order to achieve that, they build as much as possible. They threaten with violence if they will be evacuated, they swear to strike back against Israeli police and forces. That’s something the government prefers not to see happening, so they turn a blind eye.”

As far as government support by active aid is concerned, Israeli Defence Minister Ehud Barak has only recently approved the construction of a new settlement in the Binyamin region in return for settlers’ agreement to evacuate the illegal outpost of Migron. Binyamin is located to the northeast and northwest of Jerusalem. According to human rights lawyers Michael Sfard and Shlomi Zacharia, who already advocated the evacuation of Migron two years ago, Barak is expanding settlements and outposts under the guise of evacuation.

Currently there are approximately 290,000 Jews living in 120 official settlements and dozens of illegal outposts in the West Bank, most of them opposed to a two-state solution as they lay claim to the whole land. The alternative to a two-state solution is one state, which according to the demographic evolution would mean a secular and bi-national state with a Jewish minority, which is unacceptable to most Jewish Israelis.

In the meantime, the expansion of Jewish settlements is slowly occupying land Palestinians demand in any final agreement. “This lack of political courage is weakening our Palestinian peace activists,” says Hagit Ofran. “They don’t see the use of peace negotiations if Israel in the meantime keeps building and occupying their land. Some stop believing in peace or justice and become militants or terrorists. That’s the main problem.”

Benjamin Netanyahu’s Likud party is leading the polls for the coming elections of Feb. 10. He has opposed creation of new settlements, but said he would allow “natural growth”. Over the last decade, Israel has officially not built any new settlements, but termed all new settlement construction necessary to “natural growth”. Netanyahu has also promised the Yesha council, the umbrella organisation of Jewish municipal councils in the West Bank, not to be party to evacuation of any West Bank settlement. (END/2009)

War on Gaza: Israeli Action, Not Reaction

February 5, 2009

Nicola Nasser| PEJ News, Feb 4, 2009

Stubbornly insisting on getting the carriage before the horse as the approach to a “durable and sustainable” ceasefire in Gaza Strip, U.S. and European diplomacy in particular is building on an Israeli misleading premise that the 22 – day military operation, dubbed “Cast Lead,” against the Palestinian Gaza Strip was a reaction and not a premeditated long planned scheme that found in the change of guards in Washington D.C. an excellent timing. It was “not simply a reaction,” but “a calculation,” Daniel Klaidman wrote in Newsweek on January 10.

U.S. and European diplomats are reiterating the Israeli propaganda justification: “What would any normal country do if they were threatened by rocket fire? They would act.” U.S. President Barack Obama was the last western leader to uphold this Israeli claim. “But Israel is not a normal country, it is an occupying country,” former Palestinian – Israeli member of Knesset Azmi Bishara said. Moreover what country would tolerate an eight–year siege and not consider it an act of war without any national reaction? Why should western diplomacy judge Palestinians in Gaza as universally abnormal?

Western diplomacy is building on the Palestinian reaction in self–defense as the igniting cause of violence and on the Israeli aggressive action as the resulting effect. It is a non starter. It could win EU high representative Javier Solana, the international middle East quartet of peace mediators’ envoy Tony Blair, who are regular visitors to the region, and U.S. newly appointed Middle East envoy George Mitchell some audience among their Arab and Palestinian peace partners who might still hope that the United States and the European Union may yet be able to deliver on their two–state promise, but this audience was not and is still not the key player in Gaza. Israeli and Hamas’ non–abiding reaction to the UN Security Council resolution 1860 proved British Foreign Secretary David Miliband right when he said immediately thereafter that “peace is made on the ground while resolutions are written in the United Nations.”

Hamas has survived the Israeli “Operation Cast Lead,” which failed to remove it as a key player, to remain the only player on the ground in Gaza and not only as a key player there as well as a major much stronger player among Palestinians in the West Bank and the Diaspora. To build their diplomacy for a “durable and sustainable” ceasefire on the recognition only of the Israeli player while bypassing or sidelining the other protagonist is a dead end approach that could only encourage more Israeli aggressive actions and would for sure invoke more Palestinian violent reaction.

Unfortunately this has been the focus of UN resolution 1860, the so–called Egyptian initiative, the recent European summit meetings with Arab and Israeli leaders, the Israeli–US memorandum of understanding of January 19, George Mitchell’s Middle East eight–day tour, a focus that President Obama had subscribed to two days after his inauguration. It might not be too long before western diplomacy regrets this approach. Hamas should be “engaged … as there could be no solution to the issue” by keeping it out in the cold, Nathan J Brown, an expert from Carnegie Endowment, was quoted as saying by Indian “The Hindu” on January 25, a view shared also by former US president Jimmy Carter.

In historical perspective, nothing proves the Israeli action and the Palestinian reaction more than the very existence of Hamas. While founding the Palestine Liberation Organization (PLO) was the reaction of the Palestinian refugees in exile to the Israeli action of forcing them out of their homeland in 1948, the founding of the Islamic Resistance Movement (Hamas) in Gaza was the Palestinian reaction to the Israeli military expansion in 1967, which led to the occupation of the rest of historic Palestine.

More recently, the Palestinian reaction managed to develop some locally–made primitive rockets in self–defense, and to smuggle in some “Grad” systems, which Israel used in addition to the tunnels under the Gaza–Egypt borders as justification for military action, while imposing a media blackout to hide the horrible humanitarian disaster unfolding in Gaza as the result of its eight year blockade of the territory, which left the besieged Palestinians with one of two choices: Either to starve slowly to death or die instantly en masse in “Operation Cast Lead.” Israel imposed siege, in itself an act of war, as a collective punishment against Gaza civilians. US and European strong advocates of Humanitarian Intervention, led by French foreign minister Bernard Kouchner, who call now for such interventions in Darfur, Myanmar and Zimbabwe and who did intervene militarily for humanitarian reasons in Cambodia, Rwanda, Bosnia and Kosovo, have kept mum on Gaza.

Swedish Foreign Minister Carl Bildt hit directly at the root cause of the Gaza conflict. “They will dig tunnels out of desperation and there will be no way of stopping all these tunnels if you don’t open up the border,” he said. Bildt was joined by British Prime Minister Gordon Brown who urged ending, “Gaza’s economic isolation by reopening the crossings that link it to the outside world.” European leaders seem to have finally awakened to the real equation of cause and effect in the conflict. However they are calling for opening Gaza border crossings as a sideshow, as the effect and not as the root cause of Palestinian reaction, as a prerequisite for a “durable and sustainable” ceasefire and not as an obligation that Israel must abide by in its capacity as the occupying power under international law, as merely a humanitarian outlet for the besieged civilian population and not as a national right of the Palestinians in Gaza Strip in the context of the Israeli unilateral military redeployment from the coastal strip in 2005.


Nicola Nasser is a veteran Arab journalist based in Bir Zeit of the Israeli –occupied Palestinian Territories.
He can be reached at nicolanasser@yahoo.com

Destruction of Gaza and the crimes of Hosni Mubarak

February 4, 2009

Collusion, Complicity and Sheer Insanity

By Rannie Amiri | Counterpunch, Feb 2, 2009

As staggering as the statistics detailing Gaza’s destruction may be, they still do not present a complete picture of the unique travesties and tragedies suffered by individuals, families, neighborhoods and villages during Israel’s savage 22-day assault on the tiny territory. Yet, they bear repeating. From the Palestinian Central Bureau of Statistics (www.pcbs.gov.ps) and various NGOs:

  • 1,334 killed, one-third of them children (more children than ‘militants’ were killed)
  • 5,450 injured, one-third of them children
  • 100,000 displaced, 50,000 made homeless
  • 4,100 residential homes and buildings destroyed, 17,000 damaged (together accounting for 14 percent of all buildings in Gaza)
  • 29 destroyed educational institutions, including the American International School
  • 92 destroyed or damaged mosques
  • 1,500 destroyed shops, factories and other commercial facilities
  • 20 destroyed ambulances
  • 35-60% of agricultural land ruined
  • $1.9 billion in total estimated damages

In the face of such massive devastation and hardship—and this after the crippling 18-month siege had already reduced Gazato a state of bare subsistence—the behavior and actions of the regime of Egyptian president Hosni Mubarak remain as contemptible after the war as they were before.

On Dec. 25, just two days prior to the onset of the vicious aerial bombardment of Gaza, Israeli Foreign Minister Tzipi Livni met with Mubarak in Cairo. It is understood that Egypt gave the green light for the attack in the hope that the ruling (and democratically-elected) Islamist group Hamas would be toppled and the more pliant Fatah faction, led by Palestinian President Mahmoud Abbas, would supplant it.

Rafah crossing sealed

The reasons for Mubarak’s animus toward Hamas, and by extension, for his reprehensible decision to keep the vital Rafah border crossing with Gaza closed to humanitarian supplies was explained earlier.

Apologists for the dictator will say the 2005 agreement between Israel, the Palestinian Authority (PA) and the European Union (EU) that regulates movement across the border prohibits it from being opened in the absence of PA and EU observers.

It makes no mention, however, of barring critical humanitarian goods from reaching the territory, where conditions were becoming ever more desperate. Additionally, Egypt was a non-signatory to the treaty, which had already expired after one year and was never renewed.

If keeping the Rafah crossing—the only gateway to non-Israeli territory from Gaza—closed before and during the war was not a criminal act, doing so in its aftermath must surely be.

Preventing Gaza’s children from obtaining medical care

Reporting for The National, Jonathan Cook details four cases of children in Gaza who required urgent, life-saving surgery in France, but were denied entry into Egypt via Rafah. As the aunt of the one of the war’s child casualties remarked, “Each morning we arrived at the crossing and the Egyptian soldiers cursed us and told us to go away.”

Doctors accompanying the children were allowed to pass into Egypt, but the ambulances carrying them were not. Their exclusion was attributed to the Palestinian health ministry in Ramallah who did not authorize their exit, stating there was “no more reason to refer any more children for treatment abroad.” Egyptian authorities abided by their ruling, not wanting to create diplomatic trouble.

But that is no excuse.

First, Hamas, democratically elected to power in the 2006 Palestinian parliamentary elections, is the legitimate governing authority. Second, the term of Mahmoud Abbas as president of the PA expired on Jan. 9. Finally, emergency medical situations always take precedent over (alleged) bureaucratic considerations. Those in control of the Rafah crossing must be held directly responsible.

Feeding Israeli soldiers, not Gaza’s people

In light of catastrophic circumstances due to lack of basic foodstuffs (75 percent of Gaza’s children are thought to be malnourished and 30 percent are stunted in growth), a recent report by the popular Egyptian weekly Al-Osboa was all the more shocking. It revealed that an Egyptian company was allowed to provide Israel Defense Force soldiers with food during the war while Gazans were starving.

Iranian Red Crescent ship kept offshore

An Iranian ship sent by the country’s Red Crescent Society carrying 2,000 tons of medical supplies and other humanitarian aid for Gaza continues to be anchored 15 miles off Gaza’s shore. It had already been intercepted and prevented by the Israeli navy from reaching Gaza. Now, it awaits permission to dock in the Egyptian port of Al-Areesh to unload its cargo. To date, permission has not been grated.

In light of the above, blistering criticism of the Egyptian regime’s behavior has come from Hezbollah leader Sayyid Hassan Nasrallah:

“[Egypt] told the Arab and Islamic world that the Rafah border was opened and it was not … The opening of the Rafah crossing is crucial to the Palestinian people, the Resistance and the living conditions there … its closure is one of the biggest crimes in history.”

The reply from the Egyptian government was all too predictable:

“Hassan Nasrallah’s criticism of Egypt confirms once more that he is nothing more than an agent of the Iranian regime and takes his orders from Tehran.”

Irrespective of whether Nasrallah takes orders from Tehran or Tokyo, there were no substantive answers to his accusations. Instead, Egypt reverted to parroting tired anti-Iranian rhetoric which increasingly is falling on deaf ears.

Abetting the siege of Gaza, giving sanction to the Israeli onslaught and its crimes against humanity, and afterward, preventing aid from getting into the territory and the injured from getting out, are all egregious offenses.

Just as many call for Olmert, Barak, Livni and the generals and soldiers who participated in this war to be prosecuted for violating international law and committing war crimes, Mubarak’s own complicity makes him equally liable in facing similar charges.

Rannie Amiri is an independent commentator on the Middle East. He may be reached at: rbamiri at yahoo dot com.

“Why the Only Solution for Jews and Palestinians is a One State Solution”

February 4, 2009

By Elie Elhadj, author of The Islamic Shield | Arab Democracy, Feb 3, 2009

For a durable solution to the Arab-Israeli conflict, the Bible and the Quran must be de-politicized. In political terms, de-politicization means a single secular democratic state for Jews and Palestinians.

De-politicize the Bible and the Quran

The Arab Israeli conflict has become a religious war. Politicizing the Bible’s Genesis 15:18 politicized the Quran. Genesis 15:18 declares: “The Lord made a covenant with Abraham, saying, unto thy seed have I given this land from the river of Egypt unto the great river, the river Euphrates.”

Defeated in 1948, powerless and humiliated in every war since that time, Arabs took refuge in Islam. They invoked hostile Quranic Verses (such as chapter 2: verse 65, 2:120, 5:51, 5:60, 5:78), recounted purported stories of the Prophet Muhammad’s troubled relationship with the Jewish tribes in Medina (Banu Qurayza, Banu Al-Nadir, and Banu Qainuqa), and drew lessons from the symbolism of substituting Friday for the Sabbath and of changing the direction during prayer from Jerusalem to Mecca. Other Quranic verses urge jihad against Muslims enemies (2:191, 2:193, 8:60, 9:5, 9:29) and promise (2:82) the martyred the delights of paradise; wine (47:15), beautiful women (44:54), silk, brocade, and gold (18:31), etc… Combined, these verses made a jihadist’s career worthwhile. In the hands of jihadist leaders, these verses transformed political frustrations into religious crusades and the jihadists into walking bombs.

For thirteen centuries, however, these were non-issues. Hundreds of thousands of Jews lived harmoniously among Muslims in Algeria, Egypt, Iran, Iraq, Lebanon, Libya, Morocco, Syria, Tunisia, and Yemen.

Prime Minister Benjamin Disraeli, Britain’s first and thus far the only person of Jewish parentage to reach the premiership (1868 and 1874-1880), described in his novel Coningsby the “halcyon centuries” during the golden age of Muslim Spain in which the “children of Ishmael rewarded the children of Israel with equal rights and privileges with themselves.” Disraeli described glowingly how Muslims and Jews alike “built palaces, gardens and fountains; filled equally the highest offices of the state, competed in an extensive and enlightened commerce, and rivaled each other in renowned universities.”

In 1492 the Muslim Ottoman Sultan Bayezid-II (1481-1512) encouraged great numbers of Jews to settle in the Ottoman Empire following their expulsion from Spain and Portugal.

Islam venerates Judaism. Arabs believe they share a common ancestry with the Jewish people going back to the sons of Abraham, Ismail and Ishaq. The Quran praises Abraham as the first Muslim, describing Islam as the Religion of Abraham. The Quranic Chapter 14, with its 52 Verses is named after Abraham and to Joseph the Quran names Chapter 12, with its 111 Verses. Muslim men are allowed to marry Jewish women, without the need to convert them to Islam (the children must be Muslims). Today, Jewish-derived Arabic names like Daoud, Ibrahim, Ishaq, Mousa, Sara, Sulaiman, Yacoub, Yousef, Zakariyya are common in every Arab society.

Politicizing the Bible politicized the Quran. A vexing religious confrontation has been created pushing the moderates among Arab Muslims into orthodoxy and the orthodox into Islamism and Jihadism. The victory of Hamas in the January 25, 2006 parliamentary elections in the West Bank and the Gaza Strip, as well as the popularity of Islamic Jihad, are reminders that this conflict has been delivering the Muslim masses into the hands of the Islamists. History suggests that this religious war could go on for a20thousand years. Military action alone against the Jihadists will breed more Jihadists. Experience suggests that, like its previous victories, Israel’s latest battle against Hamas in the Gaza strip that started on December 27, 2008 will strengthen jihadism.

Unless the Arab Israeli conflict is resolved politically and quickly, Islamism and Jihadism will continue on their march. Avraham Berg, speaker of Israel’s Knesset in 1999-2003 and former chairman of the Jewish Agency for Israel, articulated in sobering terms what Israel should do in order to bring peaceful coexistence between the Jewish and Palestinian peoples.

The Bible and the Quran Must be De-politicized

For a durable solution to the Arab Israeli conflict, a single democratic and secular state for Jews and Palestinians needs to evolve. A single state promises a more durable long-term solution than the two-state solution, currently in vogue. The two-state solution is inherently unstable for four reasons:

1. First, demographically, a purely Jewish state is impossible to attain. Had Palestine been uninhabited at the time of Israel’s creation a refugee problem would not have arisen and a purely Jewish state could have been possible. However, around the time of Israel’s creation Palestine was a home to around 1.4 million Palestinian Arabs.

The Zionist dream of creating an exclusive state for the Jewish people in Palestine is unsustainable in the long-term. Presently, 1.4 million Palestinians are estimated to be citizens of Israel, or a quarter of Israel’s Jewish population. Due to their high population growth rates the Palestinian-Israelis will eventually become the majority. The Palestinian-Israelis are in addition to the 4.2 million Palestinians who live under Israel’s occupation in the Gaza Strip and the West Bank. Outside Palestine, 2.6 millions are registered in refugee camps in Jordan, Lebanon, and Syria, plus 1.5 million scattered worldwide.

Unless the Palestinian-Israelis somehow vanish, Israel’s Jewish population will eventually become the minority and the Palestinian-Israelis the majority; the population growth rate of the Palestinian-Israelis is much greater than that of Israeli Jews. The number of Palestinians in Israel in 1948 was about 150,000. If Israel would allow the future Palestinian-Israeli majority full citizenship rights, they’ll control the government. If Israel subjects the majority to an apartheid regime, the system will eventually unravel. Apartheid regimes have short lives: Witness Rhodesia and South Africa.

2. Secondly, intractable issues stand in the way of a two-state solution: Jerusalem, borders, security for Israel and for Palestine, water rights, settlements, and the refugees’ right-of-return. Since the signing of the Oslo Agreement on September 13, 1993, none of the thorny issues has been resolved. When Bill Clinton, Ehud Barak, and Yasser Arafat attempted in July 2000 to tackle these issues at Camp David, the negotiations collapsed, leading to the second intifada and to Hamas’ gains in the 2006 parliamentary elections, which culminated by the take-over by Hamas of the Gaza Strip in June 2007, and Israel’s devastating war against Hamas eighteen months later.

3. Thirdly, even if a miracle patches up a two-state agreement the extremists on both sides would undermine the agreement. The extremists believe that they are divinely ordained to keep-up the struggle until they control the entirety of the land.

4. Fourthly, the Arab masses w ill shun a Zionist state. Judging from Israel’s peace treaties with Egypt (March 26, 1979) and Jordan (October 26, 1994), relations among the Egyptian and Jordanian masses and Israelis failed to develop beyond small diplomatic missions.

Western democratic and secular ideals should inspire the development of a single, democratic, and secular state for Palestinians and Jews. There are three reasons in support of such a development:

1. First, the intractable obstacles that have bedeviled the two-state solution would disappear.

2. Secondly, a single state will commingle Palestinians and Jews into an inseparable mix. The Jewish settlers in the West Bank and East Jerusalem, estimated at about half a million in more than 125 settlements, could become instruments of integration between Palestinians and Jews, not segregation; a mixture of Jews among Arabs as difficult to unscramble as removing the Palestinian Israelis from Israel. A single state would lead the Arab governments to recognize the new state. Muslims everywhere, Arabs especially, would no longer have an excuse to boycott their Jewish “cousins.” Economic, cultural, educational, and social interaction would follow. The two sides would quickly learn how much they could benefit from one other.

3. Thirdly, a single state solution would allow Arabs and Jews full access to the entirety of Palestine.

The secular democratic one-state solution has been gathering pace. A well attended conference by Arabs and Israelis at London University’s School of Oriental and African Studies (SOAS) was held on November 17-18, 2007 to address the various aspects of this concept.

Arab and Jew Can Live Together in Peace

Around the time of Israel’s creation, more than 850,000 Jews migrated from Arab countries, 600,000 going to Israel. The charge that the Jews migrated because of Arab maltreatment is an unfair political expediency. The migration happened in the course of Israel’s creation. During this period, 531 Palestinian villages were depopulated and 805,000 refugees lost their homes, according to Palestinian sources (650,000 to 700,000 refugees, according to Jewish sources).

Had Zionism adhered to the stipulation in the 1917 Balfour declaration: “Nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine,” the Muslim/Jewish conflict would not have developed.

Durable peace and the long-term prosperity of the Jewish people in the Arab World require the genuine welcome of the Arab masses. Smart bombs and nuclear weapons cannot force Arab peoples’ acceptance of a Zionist Israel. The 600,000 Jews, who had lived in Arab countries for centuries and are today a major proportion of Israel’s Jewish population, could become a positive link with the Arab World. They share with the Arab peoples many customs, habits, values, food, music, dance, and, for the older generation, the Arabic language.

Whether it would be a good bargain to exchange a partial and declining Jewish exclusivity in an unstable two-state solution for a durable single state embracing Jews and Muslims is a question Israel’s Jewish people alone can answer.

In provoking the enmity of their age-old Muslim friends, Zionism has disserved the long-term interests of the Jewish people.

Elhadj is the author of Elie Elhadj, author of The Islamic Shield: Arab Resistance to Democratic and Religious Reforms, and many articles which can be read here:
www.daringopinion.com

US Sold Phosphorus Shells to Israel

February 4, 2009

Among Israel’s Most Condemned Tactics in Gaza Was Enabled by Arkansas-Made Rounds

Antiwar.com

Posted February 3, 2009

The Pine Bluff Arsenal, a United States Army installation in Arkansas, specializes in chemical and biological weapons. The military touts them as the only facility in the Northern Hemisphere which fills white phosphorus munitions. That’s the important point here, as it once again ties the US military directly into the Israeli war in the Gaza Strip, and one of its most unseemly practices.

State Department officials told the Associated Press that the United States provided Israel with white phosphorus rounds, and photos taken during the Israeli conflict show the military readying rounds with Pine Bluff Arsenal serial numbers.

The use of white phosphorus is not in and of itself a war crime, and is generally considered acceptable as a means of obscuring troop movements or illuminating areas. Its use in civilian areas however, even if not directed at the civilian population, is banned under the Geneva Convention on Certain Conventional Weapons. Preliminary investigations show indisputable evidence that Israel used white phosphorus in some of the most densely populated portions of Gaza, and still burning fragments were found after the war ended wedged into civilian buildings.

The Israeli military officially denied using such munitions during the war, though they eventually conceded to it. Their official story now is that the use was not illegal and that Hamas was the one committing war crimes by provoking such attacks. The treaty prohibits the use of such weapons against military targets in civilian regions however, and makes no exception allowing the nation violating it to transfer blame to others in case they really wanted to hit those targets. Related Stories • February 2, 2009 — Relative End to Gaza War Bolsters Israeli Right in Polls • February 1, 2009 — Israel Bombs Central Gaza as Olmert Vows ‘Disproportionate’ Response • January 30, 2009 — Israeli Envoy: Attack on Gaza a ‘Preintroduction’ to Attack on Iran compiled by Jason Ditz [email the author]

The tale of two apartheids

February 4, 2009

Israeli leaders are usually loath to admit that Israel is an apartheid-style state. Yet there have been moments of candor.

IN APRIL 1976, John Vorster, president of the then-racist apartheid regime of South Africa, paid an official state visit to Israel, where he was given the red-carpet treatment.

Columnist: Paul D’Amato

Paul D'Amato Paul D’Amato is managing editor of the International Socialist Review and author of The Meaning of Marxism, a lively and accessible introduction to the ideas of Karl Marx and the tradition he founded.

Israeli television showed him on his first day, visiting the Holocaust memorial in Jerusalem. At an official state banquet held for Vorster, Israeli Prime Minister Yitzhak Rabin toasted the “ideals shared by Israel and South Africa.”

Why was an outspoken member of a Nazi militia in South Africa during the Second World War and a leading member of the party that crafted official apartheid policies in South Africa being feted in Israel?

A statement in the South African government’s yearbook made two years after Vorster’s visit provides an answer: “Israel and South Africa have one thing above all else in common: they are both situated in a predominantly hostile world inhabited by dark peoples.”

These close ties came from the identification that both states had for each other’s cause. Both were settler states that claimed to be bringing “civilization” to so-called backward peoples. And both were committed to using any and all means to maintain their regional domination over the “natives” that they had conquered–in South Africa, to create a white state based on the exploitation of Black labor; in Israel, to create an exclusively Jewish state through the systematic removal of the indigenous Palestinian population.

Victims of repression in South Africa and Palestine

In an excellent two-part article in the Guardian in 2006, Chris McGreal quotes Ronnie Kasrils, then the intelligence minister in the post-apartheid government led by the African National Congress. Kasrils, who is Jewish and had co-authored a petition protesting Israel’s occupation of Palestinian territory, explained why such a close affinity could develop between the two countries:

Israelis claim that they are the chosen people, the elect of God, and find a biblical justification for their racism and Zionist exclusivity.

This is just like the Afrikaners of apartheid South Africa, who also had the biblical notion that the land was their God-given right. Like the Zionists who claimed that Palestine in the 1940s was “a land without people for a people without land,” so the Afrikaner settlers spread the myth that there were no black people in South Africa when they first settled in the 17th century. They conquered by force of arms and terror and the provocation of a series of bloody colonial wars of conquest.

– – – – – – – – – – – – – – – –

VORSTER’S VISIT signaled an acceleration of economic, diplomatic and military cooperation between the two countries, a collaboration that already had a lengthy history.

South African Gen. Jan Smuts, who had a close relationship with the Zionist leader Chaim Weizman, Israel’s first prime minister, had been instrumental in convincing Britain to sign the Balfour Declaration that agreed to the “establishment in Palestine of a national home for the Jewish people.” After 1948, South Africa was one of the first countries to recognize Israel.

N. Kirschner, a veteran South African Zionist leader, wrote in 1960 in an Israeli publication: “There exists a bond between Jewish aspirations and the aspirations of the people of South Africa.”

That bond was expressed chiefly in growing military and secret nuclear cooperation. Each country shared its intelligence and counterinsurgency techniques with the other, and South Africa purchased arms from Israel. Israel purchased nuclear materials from South African in order to develop its secret weapons program, and in return, Israel provided scientific and technical assistance to help South African build its nuclear bombs.

Hundreds of white South Africans graduated from Israeli military training schools. “It is a clear and open secret,” wrote an Israeli journalist in 1976, “that in army camps, one can find Israeli officers in not insignificant numbers who are busy teaching white soldiers to fight black terrorists, with methods imported from Israel.”

The parallels between Israel and apartheid South Africa are striking. In South Africa, the white colonial settler minority conquered the Black majority, forcing them into Bantustans–so-called independent African homelands–that covered only 13 percent of the country. This allowed the whites to declare South Africa a white country.

Blacks, who outnumbered whites by 4-to-1, became the cheap labor that built South Africa’s economy, but they couldn’t be citizens.

Likewise, Theodore Herzl, known as the father of Zionism, sold the Jewish state to its potential imperial backers as “an outpost of civilization against barbarism.”

Variations on statements such as this one from Joseph Weitz, head of the Jewish Agency’s Colonization Department, can be found scattered throughout the writings of the founders of the state of Israel: “There is no room for both peoples together in this country…There is no other way than to transfer the Arabs from here to the neighboring countries. To transfer all of them; not one village, not one tribe should be left.”

These principles guided the Zionist armies and paramilitary gangs that used massacres and terror to drive 750,000 Palestinians from their homes in 1948 in order to create the state of Israel, and again led to the expulsion of 325,000 Palestinians from their land after the 1967 war.

These are not old, outdated views, but the deeply held conviction of leading Zionists today. Listen to the ravings of Israeli Professor Arnon Soffer, head of the Israel Defense Force’s National Defense College, speaking to the Jerusalem Post in 2004 about Israel’s unilateral pullout from Gaza:

We will tell the Palestinians that if a single missile is fired over the fence, we will fire 10 in response. And women and children will be killed, and houses will be destroyed. After the fifth such incident, Palestinian mothers won’t allow their husbands to shoot Qassams, because they will know what’s waiting for them.

Second of all, when 2.5 million people live in a closed-off Gaza, it’s going to be a human catastrophe. Those people will become even bigger animals than they are today, with the aid of an insane fundamentalist Islam. The pressure at the border will be awful.

It’s going to be a terrible war. So, if we want to remain alive, we will have to kill and kill and kill. All day, every day…If we don’t kill, we will cease to exist…Unilateral separation doesn’t guarantee “peace”–it guarantees a Zionist-Jewish state with an overwhelming majority of Jews.

– – – – – – – – – – – – – – – –

THERE ARE some differences between South African and Israeli apartheid.

Israel’s relationship to Arab labor was different than that of the South Africa rulers to the Black majority. Rather than exploiting cheap Arab labor, the early Zionist settlers in Palestine built their state-in-embryo by excluding Arab labor, under the slogan “Jewish Land, Jewish Labor.”

After the formation of the state of Israel, Arabs did become a source of cheap labor, but Israel has never been dependent on Arab labor–whereas in South Africa, strikes threatened to bring down apartheid because Black labor was its lifeblood.

Yet the similarities are more striking than the differences. If apartheid South Africa declared itself a white state by creating the fiction of Black “homelands” and implementing pass laws to severely restrict the movement of Africans, in Israel, an exclusively Jewish state was creating by expelling the majority of Palestinians from their lands and legally barring their return.

A battery of laws were put in place after 1948 that grant the state legal authority, in various ways, to seize Arab farms, orchards, homes and businesses if the owners are absent for any length of time, or for “security” reasons. At the same time, any Jew in the world was granted the legal right to enter Israel and become a citizen.

Today, Israel treats the Arab minority within its current borders as third-class citizens (behind the Mizrahim, or the Middle Eastern, as opposed to European, Jews). Palestinians receive lower wages and education funding, face routine harassment and police brutality, and are subjected to high incarceration rates; they are restricted from owning land, and are victims of land seizures and expulsions that continue to this day.

A paper on Israel’s Arab minority by Eric Gust of the Center for Contemporary Conflict explained that “advancement of Arabs within Israeli society, whether in the demographic, economic, political or educational sectors, is viewed as occurring at the expense of the Jewish population, and could be perceived as a threat to the Jewish nature of Israel.”

Israel is also an apartheid state in form, if not in legal terms, because it has turned the lands it occupied in 1967–the West Bank and Gaza–into South African-style Bantustans, whose inhabitants face economic blockade and routine assaults from the Israeli army and settlers, and whose towns and refugee camps are cut off from each other by an apartheid wall and a system of checkpoints, while special roads crisscross the West Bank that can only be used by Jews.

Any “two-state” solution that Israel accepts will merely put a legal stamp on this fact.

Israeli leaders are usually loath to publicly admit that Israel is an apartheid-style state. Yet there are moments of candor.

Former Chief of Staff of the Israel Defense Force, Gen. Rafael Eitan, speaking at a closed meeting of Israeli professionals in 1983, gave a presentation that considered South Africa’s Bantustan policy as a possible solution to the Palestinian problem.

Last November, Israeli Prime Minister Ehud Olmert made a statement that if Israel was unable to implement a two-state solution, it would “face a South African-style struggle for equal voting rights, and as soon as that happens, the state of Israel is finished.”

He had warned four years earlier: “We don’t have unlimited time. More and more Palestinians are uninterested in a negotiated, two-state solution, because they want to change the essence of the conflict from an Algerian paradigm to a South African one. From a struggle against ‘occupation,’ in their parlance, to a struggle for one-man-one-vote. That is, of course, a much cleaner struggle, a much more popular struggle–and ultimately, a much more powerful one. For us, it would mean the end of the Jewish state.”

Israel leaders look with horror on the prospect of the struggle for a democratic, secular Palestine–a state for all its inhabitants–because the whole basis of the existence of Israel as an exclusively Jewish state would be destroyed.

For that same reason, those of us who oppose Zionism should welcome such a struggle with open arms.

GAZA: The Attrition of Reason, Memory and Morality

February 3, 2009

Les Blough, Editor | AxisofLogic, Jan 28, 2009

The world can never really know thoroughness with which the Zionist killing machine ravaged Gaza and its people. Just as words and photographs can never really capture a beautiful mountain or ocean vista, no words or photographs can deliver the enormity of this war crime. One would need to have been there. Likewise, the world can never really know the numbers of Israeli soldiers killed and wounded by the indomitable Palestinian Resistance who were outgunned and out numbered by the killers. This is because the Zionist regime in Palestine are hiding the numbers of their own dead and wounded. Nor can we know the residual military strength and numbers of Hamas’ guerrilla fighters at this time. But of one thing we can be certain: the truly amazing spirit of the Palestinian Resistance has only been deepened in the people of Gaza and the West Bank.

Attrition of Reason: The Zionists and their Washington syncophants think that their war crimes in Afghanistan and Iraq have eclipsed and subsumed their war crimes in Gaza. They think the “shock and awe” of these wars have numbed all that is truly good in the people of the world. They think their lies and obfuscations have left people questioning their own native intelligence and judgement. They think these holocausts have rendered the masses helpless, without the reason, will, heart or morality to fight back. This has been their biggest mistake. Arrogance and ignorance are joined from birth, like hapless twins, at the hip. Thus, arrogance blindly oversteps itself – always. This is the greatest of all the strategic and tactical mistakes that are being made by the Zionists.

Attrition of Memory: The Zionists and their Washington backers knew there would be worldwide outrage at their revolting handiwork. They are counting on the world to forget and allow their crimes to fade, relegated to an historical footnote in their march toward full spectrum dominance of the Middle East. They think memory of their war crimes will be controlled and squirreled away in another rathole by their revisionist historians. They also think their slaughters at Sabra and Shatila in 1982, their massacre in Jenin in 2002, their bombardments of Lebanon in 2006, killing and maiming thousands, and many other attempts at ethnic cleansing – have been effectively obscured and buried by their revisionists. But none of it is forgotten; instead, each of their crimes has entered the world’s irrepressible collective memory and consciousness.

Attrition of Morality: Somehow, against the backdrop of millions killed and utter destruction in Iraq, the thousands maimed and killed and the destruction of the Gazan infrastructure looms bigger. The world’s moral outrage – not against the Jews – but against the “state” of Israel has lain dormant in the hearts and minds of people around the world for decades. The slaughter in Gaza has taken the lid off that cauldron of bitter dissent for the first time in 60 years. Not even the powerful, Zionist-controlled media in the United States has been able to suppress, by obfuscation and deception, these truths. Neither can the morality and righteous indignation of the world be cowed by the tiresome and deceptive charges of “anti-semitism” this time.

We will not cooperate with the attrition of reason, memory, morality on which the Zionists so much depend. We urge all honest alternative media to do everything possible to keep the details and impact of these atrocities fresh in the minds of the public. We will be doing our part to deny any fading memory or distortions of these war crimes – accusations of “Anti-semitism” be damned.

In her 23rd report from Gaza since the Zionists launched their attacks on December 27, Hiyam Noir bears witness to the destruction and misery inflicted upon the Gazans from air, sea and land in Palestine. Read her latest report on the devastation of the Al-Attatra village.

© Copyright 2009 by AxisofLogic.com

Editorials: Gaza: Welcome initiative by ICC

February 3, 2009

Arab News, Feb 3, 2009

The International Criminal Court (ICC) in The Hague is wisely reconsidering its decision last month that it was unable to mount a war crimes prosecution over Israeli savagery in Gaza because it did not have jurisdiction. Israel along with the United States (as well as China, Russia and India) does not recognize the ICC. Therefore it was initially argued that procedurally a case could not be brought against named Israeli soldiers and politicians. Yesterday the ICC chief prosecutor Luis Moreno-Ocampo revealed that he was investigating the possibility that because the “alleged” war crimes were committed on Palestinian territory and the Palestinian Authority had requested a prosecution, it was after all possible to bring a case. The UN is separately investigating the shelling of its Gaza schools. This change of heart may have come about because of a belated recognition of international outrage at the shelling of the Gaza ghetto, causing thousands of deaths and injuries among a totally trapped civilian population. There is also clear evidence that the Israelis used phosphorus munitions in dense built-up areas, which is an offense under the Geneva Conventions.

The ICC is still a fledgling international court. If it embarks on a prosecution of Israeli war criminals, it can expect to be heading on a collision course, almost certainly with Washington and very probably with a number of European capitals, whose governments busily condemned the barbarous onslaught but, as with the 2007 Israeli invasion of southern Lebanon, did precious little to try and stop it.

The reason why the ICC must bring a case against Israel is that it is time the court was seen to be prepared to prosecute any one from any country, without fear or favor. So far the ICC has acted over allegations involving developing countries such as Chad and Senegal, Sierra Leone and Rwanda. It has not challenged a modern state like Israel. Most certainly it should. It cannot afford to have the watching world believe that there is one law for poor, unsophisticated countries and another for advanced states enjoying US backing and protection. A war crime is just as heinous when committed by a modern, well-equipped and allegedly disciplined army as it is by fanatics with machetes in the African jungle. Israel’s wrongdoing is compounded in that the butchery of helpless Palestinians was clearly an obnoxious political ploy to try and save the Kadima-led Israeli coalition from defeat at the next week’s general election.

If the ICC does accept the Palestinian complaint and the Israelis refuse to cooperate, as has the Sudanese government over war crimes allegations in Darfur, it does not mean that the case falls. With Sudan the matter was referred to the UN Security Council, who though stopping short of accusing Sudan of genocide, as Washington had wished, condemned the government of President Omar Bashir. To the African Union’s concern, the ICC is now considering if the first international arrest warrant should be issued for a sitting head of state. The court should be no less robust in its early investigation of Israel’s abhorrent behavior in Gaza. War crimes do not cease to be war crimes just because they were committed by the victims of the Holocaust or their descendants.

Bad news from neighborhood

THE news that Israel has invested close to NIS 200 million in Mevasseret Adumim, a new Jewish neighborhood east of Jerusalem where 3,500 housing units are slated to be built, reveals the real intentions of the outgoing government, said the Israeli newspaper Haaretz.

Under the Black Flag: Israeli War Crimes

February 3, 2009

By URI AVNERY | Counterpunch, Feb 2, 2009

A Spanish judge has instituted a judicial inquiry against seven Israeli political and military personalities on suspicion of war crimes and crimes against humanity. The case: the 2002 dropping of a one ton bomb on the home of Hamas leader Salah Shehade. Apart from the intended victim, 14 people, most of them children, were killed.

For those who have forgotten: the then commander of the Israeli Air Force, Dan Halutz, was asked at the time what he feels when he drops a bomb on a residential building. His unforgettable answer: “A slight bump to the wing.” When we in Gush Shalom accused him of a war crime, he demanded that we be put on trial for high treason. He was joined by the Prime Minister, Ariel Sharon, who accused us of wanting to “turn over Israeli army officers to the enemy”. The Attorney General notified us officially that he did not intend to open an investigation against those responsible for the bombing.

I should be happy, therefore, that at long last somebody is ready to put that action to a judicial test (even if he seems to have been thwarted by political pressure.) But I am sorry that this has happened in Spain, not in Israel.

* * *

ISRAELI TV VIEWERS have lately been exposed to a bizarre sight: army officers appearing with their faces hidden, as usual for criminals when the court prohibits their identification. Pedophiles, for example, or attackers of old women.

On the orders of the military censors, this applies to all officers, from battalion commanders down, who have been involved in the Gaza war. Since the faces of brigade commanders and above are generally known, the order does not apply to them.

Immediately after the cease-fire, the Minister of Defense, Ehud Barak, promoted a special law that would give unlimited backing by the state to all officers and soldiers who took part in the Gaza war and who might be accused abroad of war crimes. This seems to confirm the Hebrew adage: “On the head of the thief, the hat is burning”.

* * *

I DO NOT object to trials abroad. The main thing is that war criminals, like pirates, should be brought to justice. It is not so important where they are caught. (This rule was applied by the State of Israel when it abducted Adolf Eichmann in Argentina and hanged him in Israel for heinous crimes committed outside the territory of Israel and, indeed, before the state even existed.)

But as an Israeli patriot, I would prefer suspected Israeli war criminals to be put on trial in Israel. That is necessary for the country, for all decent officers and soldiers of the Israeli army, for the education of future generations of citizens and soldiers.

There is no need to rely on international law alone. There are Israeli laws against war crimes. Enough to mention the immortal phrase coined by Justice Binyamin Halevy, serving as a military judge, in the trial of the border policemen who were responsible for the 1956 massacre in Kafr Kassem, when dozens of children, women and men were mown down for violating a curfew which they did not even know about.

The judge announced that even in wartime, there are orders over which flies “the black flag of illegality”. These are orders which are “manifestly” illegal – that is to say, orders which every normal person can tell are illegal, without having to consult a lawyer.

War criminals dishonor the army whose uniform they wear – whether they are generals or common soldiers. As a combat soldier on the day the Israeli Defense Army was officially created, I am ashamed of them and demand that they be cast out and be put on trial in Israel.

My list of suspects includes politicians, soldiers, rabbis and lawyers.

* * *

THERE IS not the slightest doubt that in the Gaza war, crimes were committed. The question is to what extent and by whom.

Example: the soldiers call on the residents of a house to leave it. A woman and her four children come out, waving white handkerchiefs. It is absolutely clear that they are not armed fighters. A soldier in a near-by tank stands up, points his rifle and shoots them dead at short range. According to testimonies that seem to be beyond doubt, this happened more than once.

Another example: the shelling of the United Nations school full of refugees, from which there was no shooting – as admitted by the army, after the original pretexts were disproved.

These are ”simple” cases. But the spectrum of cases is far wider. A serious judicial investigation has to start right from the top: the politicians and senior officers who decided on the war and confirmed its plans must be investigated about their decisions. In Nuremberg it was laid down that the starting of a war of aggression is a crime.

An objective investigation has to find out whether the decision to start the war was justified, or if there existed another way of stopping the launching of rockets against Israeli territory. Without doubt, no country can or should tolerate the bombing of its towns and villages from beyond the border. But could this be prevented by talking with the Gaza authorities? Was our government’s decision to boycott Hamas, the winner of the democratic Palestinian elections, the real cause of this war? Did the imposition of the blockade on a million and a half Gaza Strip inhabitants contribute to the launching of the Qassams? In brief: were the alternatives considered before it was decided to start a deadly war?

The war plan included a massive attack on the civilian population of the Strip. The real aims of a war can be understood less from the official declarations of its initiators, than from their actions. If in this war some 1300 men, women and children were killed, the great majority of whom were not fighters; if about 5000 people were injured, most of them children; if some 2500 homes were partly or wholly destroyed; if the infrastructure of life was totally demolished – all this clearly could not have happened accidentally. It must have been a part of the war plan.

The things said during the war by politicians and officers make it clear that the plan had at least two aims, which might be considered war crimes: (1) To cause widespread killing and destruction, in order to “fix a price tag”. “to burn into their consciousness”, “to reinforce deterrence”, and most of all – to get the population to rise up against Hamas and overthrow their government. Clearly this affects mainly the civilian population. (2) To avoid casualties to our army at (literally) any price by destroying any building and killing any human being in the area into which our troops were about to move, including destroying homes over the heads of their inhabitants, preventing medical teams from reaching the victims, killing people indiscriminately. In certain cases, inhabitants were warned that they must flee, but this was mainly an alibi-action: there was nowhere to flee to, and often fire was opened on people trying to escape.

An independent court will have to decide whether such a war-plan is in accordance with national and international law, or whether it was ab initio a crime against humanity and a war-crime.

This was a war of a regular army with huge capabilities against a guerrilla force. In such a war, too, not everything is permissible. Arguments like “The Hamas terrorists were hiding within the civilian population” and “They used the population as human shields” may be effective as propaganda but are irrelevant: that is true for every guerrilla war. It must be taken into account when a decision to start such a war is being considered.

In a democratic state, the military takes its orders from the political establishment. Good. But that does not include “manifestly” illegal orders, over which the black flag of illegality is waving. Since the Nuremberg trials, there is no more room for the excuse that “I was only obeying orders”.

Therefore, the personal responsibility of all involved – from the Chief of Staff, the Front Commander and the Division Commander right down to the last soldier – must be examined. From the statements of soldiers one must deduce that many believed that their job was “to kill as many Arabs as possible”. Meaning: no distinction between fighters and non-fighters. That is a completely illegal order, whether given explicitly or by a wink and a nudge. The soldiers understood this to be “the spirit of the commander”.

Continued >>