Archive for the ‘Peace Movement’ Category

Judge: Rumsfeld sanctioned torture in Gitmo

January 16, 2009

RINF.COM, Jan 15, 2009

A top US official has for the first time publicly admitted that a suspect, incarcerated at the Guantanamo Bay prison was tortured.

The Washington Post reported Wednesday that Susan J Crawford, a judge tasked with deciding on whether Guantanamo detainees should be brought to trial, told the newspaper that she decided against prosecuting Saudi national Mohammed al-Qahtani because his interrogation met the legal definition of torture.

Crawford said that the harsh techniques used against al-Qahtani were approved by the then defense secretary Donald Rumsfeld.

“A lot of this happened on his watch,” she said.

The paper quoted the judge as saying that al-Qahtani, who allegedly planned to participate in the September 11, 2001 attacks on the US but was denied entry into the country, was subjected to prolonged isolation, sleep deprivation, nudity and exposure to cold that placed him in a “life threatening condition.”

“The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent,” said Crawford, a former inspector general of the Pentagon.

“You think of torture, you think of some horrendous physical act done to an individual. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. It was abusive and uncalled for and coercive. Clearly coercive,” she added.

The report came out amid growing certainty that President-elect Barack Obama will issue an executive order to close the notorious prison camp as one of his first moves.

Obama is under huge pressure from human rights groups to close Guantanamo, but has also conceded that closing it is quite complicated and will take some time.

Gaza Besieged, Gaza Mauled

January 16, 2009

By Jules Rabin | Counterpunch, January 15, 2009

First, a story—a true one. On February 28, 1994, in a funeral eulogy for an American-born Israeli who had been beaten to death by a Palestinian mob a few days before, a certain Rabbi Perin declared, “A million Arabs are not worth one Jewish fingernail.” The world was shocked by the statement when it was reported in the New York Times, and the Israeli prime minister himself denounced it. The murdered Israeli was Baruch Goldstein, who, on February 25, 1994, had stepped into a mosque carrying an assault rifle and killed 29 Palestinian men and boys bowed in prayer before his gun jammed. He was then killed with iron bars by surviving worshipers.

Now in Gaza, a more modest version of the stunning ratio suggested by Rabbi Perin, the worth of the million and the worth of the one, is being enacted. The tally to this date in the mutual killing taking place in Gaza and the adjoining Israeli territory since the end of December is 979 Palestinian dead and 13 Israeli dead, a proportion of 75 to 1. Of the Palestinian dead, 292 were children and approximately 75 were women. In one Palestinian family, five sisters, ages 4 to 17, were killed; in another, two sisters, ages 5 and 12 were killed. A 2,000 pound bomb dropped on the home of a Hamas leader killed not only him but his four wives and 13 of his 17 children.

Of the total of 13 Israeli dead in the current phase of the decades-long conflict, three were civilians, killed by rockets fired from Gaza into Israeli territory beginning December 19, when a six-month cease-fire agreed to by Israel and the Hamas government of Gaza expired. To “teach Israel a lesson,” Hamas had summoned up the heaviest weaponry in its arsenal: an assortment of crude rockets with notoriously wild aim. To “teach Hamas a lesson” in turn, Israel launched day and night bombing attacks on all of Gaza, of less than pinpoint accuracy, starting two weeks ago, on December 27. In the first four days of the new lesson, those aerial attacks killed more than 400 Palestinians, of all sizes and all places in Gaza society, and made rubble a familiar sight throughout the city. Those 400 and more Palestinian deaths stood as first payment for the three Israelis who had been killed by Palestinian rockets.

Gaza, be it noted, with three times the population of Vermont and 1.5 percent of Vermont’s land area, is one of the most densely populated regions of the world. The people of Gaza are most of them refugees of the 1967 war, and their descendants. They don’t merely live and survive as best they can in Gaza. As life-long refuges, they are locked in place by the Israeli military, who since decades past have exercised total control over what persons and what goods will enter and leave the territory.

Especially since the imposition of the stricter blockade of the last 18 months, Gaza has come to resemble an open-air prison where a million-and-a-half virtual inmates, cut off from the rest of the world, struggle to piece together an existence.

The effect of the blockade on the health of the population of Gaza has been severe in the extreme. In the period before the new outbreak of violence a couple of weeks ago, investigators found that 75 percent of Gazans were undernourished. The children of Gaza, who number 58 percent of the population and whose bodies persist in wanting to grow, have been the greatest sufferers: 46 percent suffer from acute anemia, 45 percent have an iron deficiency, and 18 percent have been stunted in their growth. Because of lack of fuel, provision of electricity and water has been sketchy and scarce. And now, since the assault by Israel, beginning on December 27, the condition of Gaza has gone from calamitous to catastrophic: a humanitarian disaster, in the view of both the International Red Cross and the United Nations Relief Agency, who have a certain expertise in these matters.

With such punishing effects on the civilian population, the continuing Israeli blockade of Gaza, now of 18 months duration, constitutes “collective punishment,” a belligerent action that besides being abhorrent to most people is expressly forbidden under Article 33 of the Fourth Geneva Convention, the controlling international law on the conduct of war.

So who started it? Who first violated the six-month cease-fire between Israel and the Hamas government of Gaza, that began on June 19, 2008?

Was it Gaza and Hamas? During the period of the cease-fire, from June 19 to December 19, 2008, rockets continued to be fired from Gaza into neighboring Israeli communities, with their usual vague aim and murderous intent. But their numbers had dropped dramatically, even according to the Israeli military. Hamas claims that those rockets were fired by rogue parties over whom it had no control.

Whoever fired them, there were no deaths resulting from them in the period of the cease-fire. But whether deaths resulted or not, all Israelis within range of Gaza’s rockets have lived for months in states of daily anxiety.

Hamas, for its part, accuses Israel of violating the cease-fire in two different ways. It claims that the tight blockade of Gaza maintained by Israel for the past year and a half, and including the period of the cease-fire, had become unendurable. It has claimed that the protracted blockade, with its punishing effects on the health of the population at-large, was in itself an illegal action both under the rules of the Fourth Geneva Convention and under the terms of the Egyptian-brokered cease-fire of June 2008, and that of itself it constituted a casus belli that gave Hamas the right to pick up arms in its own defense.
Hamas makes also the more punctuated claim that Israel had openly violated the mutual cease-fire on November 4, 2008, 50 days before Hamas formally declared an end to its own observance of it, when Israeli troops broke into Gaza, killing six Palestinians and carting off six others.

With its back to the wall because of the blockade, and lacking planes, helicopters, and tanks of its own, Hamas resumed the only form of warfare it was capable of, the frank terror of rockets aimed in the direction of nearby Israeli communities.

It is these current rocket attacks from Gaza which, taken together with similar attacks carried out over the last eight years have inflicted a total of 28 Israeli civilian deaths, that Israel has cited as grounds for attacking Gaza now, from the air and sea and ultimately by land, with overwhelming force. The death counts are eloquent of a great moral equation that I leave it to the reader to judge: those 28 Israeli deaths in eight years of on-and-off Palestinian rocket attack on the one hand; and 979 Palestinian deaths, suddenly, in the little more than two weeks of the blitzkrieg that Israel is currently waging on Gaza.

Enter also into the moral equation also the enormous damage done to the housing and civic structures of Gaza—schools, hospitals, university buildings—and the psychological effects on the children of Gaza who, while enduring cold and hunger, have been witnessing death all around them, and are emotionally petrified by the mayhem raining down on them, from which there is no escape within the confines of crammed, crowded, and locked down Gaza.

Will the people of Gaza and the Hamas government they saw fit to elect two years ago, now under day and night attack of breathtaking severity, “learn the lesson” that Israel seeks to teach them? While at the same time and in the same spirit of rough pedagogy, Hamas tries to teach Israel a parallel lesson with its scatter-shot of rockets.? So far, not. Neither side, in its outrage, chooses to understand the rough “lesson” the other side is teaching. It is as though the human brute had lost its tongue and its power of reason.

Gaza under punishment, I submit, locked down, sealed in, half starved, terrified, and overpowered as it is now, with elements still resisting, is acquiring an eerie resemblance to the Warsaw ghetto of the 1940s: a resemblance still small, but increasing.

In a comment on the current bombing of Gaza, Titus North, an American professor of political science, called attention to the anomaly of Israel. “A state founded by Holocaust survivors,” he wrote, “should be a beacon of morality, not a black hole for it.”

That terrible loop the course of history has taken, with descendants of the historic victims of the Holocaust now wearing the jackboots of the dominant warrior, is a bitter thing for a Jew like myself to contemplate.

Postscript: A few days ago, Congress  pledged its “unwavering support for Israel” in this hottest of little wars. While at the same time, in capital cities throughout the world, people have been demonstrating in the tens and hundreds of thousands, to express their outrage at the violent disproportion of Israel’s response to the provocation of the rocket attacks that keep coming from Gaza.

My word to our representatives in Washington: By making the United States Israel’s Siamese twin in this affair, joined to it at hip, and ankle, you not only fail to reflect the views of a great part of your constituency, but also expose us to the kinds of international anger and hatred that Israel is incurring throughout the world, with the lord knows what consequences for our own safety and standing in the world.

Jules Rabin is a writer, political critic, and longtime resident of Marshfield, Vermont.

Attacks Are Inhuman, Peace Activists Tell Olmert, Barak

January 16, 2009

by Jason Koutsoukis

Despite graphic images of the carnage in Gaza being shown around Israel and the high number of Palestinian casualties, public support for the war remains high.

[Israeli left-wing activists protest outside President Shimon Peres' residence in Jerusalem. Israel's offensive against Hamas in the Gaza Strip has caused unprecedented suffering to civilian residents of the Palestinian territory, local human rights groups said on Wednesday. (AFP/Gali Tibbon)]Israeli left-wing activists protest outside President Shimon Peres’ residence in Jerusalem. Israel’s offensive against Hamas in the Gaza Strip has caused unprecedented suffering to civilian residents of the Palestinian territory, local human rights groups said on Wednesday. (AFP/Gali Tibbon)

A poll commissioned by the liberal daily newspaper Haaretz yesterday found 82 per cent of people surveyed believe that Israel has not gone too far with its use of military force during Operation Cast Lead in Gaza.The war in Gaza also appears to have gone some way towards rebuilding public confidence in the military following the perceived failures of Israel’s 2006 war in Lebanon, with 78 per cent of people judging the war a success.

But not all Israelis are in favour of the war.

On Wednesday a coalition of nine Israeli human rights groups convened to urge an immediate halt to the fighting in the Gaza Strip which they said was on the verge of a humanitarian catastrophe.

In an open letter to the Israeli Prime Minister, Ehud Olmert. and the Defence Minister, Ehud Barak, the groups said a commission of inquiry would be needed after the conflict ended to investigate alleged Israeli war crimes.

Michael Sfard, a lawyer with the Israeli human rights group Yesh Din that was a part of Wednesday’s press conference, told the Herald it was time Israelis looked into the mirror.

“I think we have become so used to violence that when the sort of things that are happening in Gaza are shown, people don’t care any more,” Mr Sfard said.

“Several years ago, the killing of 15 Hamas militants by the IDF [Israel Defence Forces] caused a major moral revision here within Israel.

“Now [there have been] 1000 people killed in Gaza, many of them children, and there is very little national debate about whether this is right or wrong.”

The groups, which also included Amnesty International, B’Tselem, Gisha, and Physicians for Human Rights, also presented six cases in which they say IDF troops fired on medical personnel, killing 12 people.

They said there have been 15 hits on medical facilities during the conflict, including clinics and medical storage facilities.

“I care about humanity, and what is happening here is inhuman,” said Professor Zvi Bentwich, the head of the Centre for Tropical Diseases and AIDS at Ben Gurion University.

“There is no sense whatsoever of proportionality, it’s a dreadful and callous disregard for human life,” Professor Bentwich said.

Copyright © 2009. The Sydney Morning Herald

Growing calls for investigations and accountability in Gaza conflict

January 15, 2009

Philip Luther of Amnesty International explains the human rights issues in the Israel/Gaza conflict

© Amnesty International

Smoke rises during Israeli airstrike, Gaza City, 13 January 2009

Smoke rises during Israeli airstrike, Gaza City, 13 January 2009

© APGraphicsBank

Amnesty International, 14 January 2009

As evidence of war crimes and crimes against humanity mounts daily in Gaza, there are growing calls for an investigation into the conduct of all parties to the conflict.

Amnesty International has urged all parties to the Gaza conflict, as well as the international community, to ensure that a thorough, independent and impartial investigation is established without delay into abuses of international human rights and humanitarian law, and to ensure full accountability.

These include Israeli attacks that have been directed at civilians or civilian buildings in the Gaza Strip, or which are disproportionate, and Palestinian armed groups’ indiscriminate rocket attacks into civilian population centres in southern Israel.

Where appropriate, states must be ready to initiate criminal investigations and carry out prosecutions before their own courts if the evidence warrants it.

The Israeli army’s attacks are often disproportionate and have killed hundreds of unarmed civilians. Attacks are also directed at civilians and civilian buildings.

Most of the civilian population in Gaza has no access to the humanitarian aid on which they depend. They have nowhere to go for safety, while hospitals are overstretched and lacking basic necessities.

Meanwhile, Hamas and other Palestinian armed groups persist in firing indiscriminate rockets into Israel.

Amnesty International has called on Israel, Hamas and other Palestinian armed groups to immediately cease all attacks on civilians and disproportionate attacks which harm civilians.

According to Amnesty International:

  • All parties should abide by a humanitarian truce – the current lull in fighting of three hours a day is grossly insufficient and anyway has not been fully respected in practice – so as to allow humanitarian aid to enter Gaza and to be distributed to the civilian population.
  • Israel, Hamas and other Palestinian armed groups must also respect the role of medical personnel and ambulances in assisting the wounded. The Israeli authorities should allow the free movement of ambulances to collect the wounded and the dead at all times. Israel must also permit immediate and unfettered access for humanitarian workers, human rights workers and journalists.

Israeli human rights groups speak out as death toll passes 1,000

January 15, 2009

The number of Palestinians killed by Israel’s offensive in Gaza climbed above 1,000 yesterday, despite repeated calls from the UN for a halt to the conflict.

With mounting concern about the hundreds of civilians killed, nine Israeli human rights groups wrote to their government warning of their “heavy suspicion … of grave violations of international humanitarian law by military forces”.

Among the sites hit yesterday was Sheikh Radwan cemetery. Thirty graves were destroyed, spreading rotting flesh over a wide area. The army said it was targeting a nearby weapons cache.

So far 1,010 Palestinians have died, including 315 children and 95 women, Dr Moawiya Hassanein, head of Gaza’s medical emergency services, told the Guardian. The number of injured after 19 days of fighting stood at 4,700, he said. On the Israeli side, 13 people have died, among them three civilians, and four soldiers accidentally killed by their own troops.

The Palestinian Centre for Human Rights, which is based in Gaza and has field staff across the territory, believed at least 673 civilians had been killed – about two-thirds of the total. A more accurate count of civilian deaths is difficult, with journalists and international human rights observers banned from entering Gaza.

Ban Ki-moon, the UN secretary-general, was in Cairo for talks to halt the fighting. “My call is for an immediate end to violence in Gaza, and then to the Israeli military offensive and a halt to rocket attacks by Hamas,” he said. “It is intolerable that civilians bear the brunt of this conflict.”

Yesterday John Holmes, the UN’s humanitarian chief, told the security council: “The situation for the civilian population of Gaza is terrifying, and its psychological impact felt particularly by children and their parents, who feel helpless and unable to protect them.”

He added that Hamas’s rocket attacks on Israel violated international laws and must cease. “Yet any Israeli response must itself comply with international humanitarian law. Here, too, there is considerable and grave cause for concern.”

The Israeli military pressed on with its offensive yesterday, striking 20 sites across Gaza, including what it said were rocket launching sites, three smuggling tunnels, several armed gunmen and five buildings storing weapons.

Yet despite the intense bombing and artillery, militant rocket fire from Gaza has continued every day since the war began. Yesterday at least 16 rockets were fired into southern Israel, some reaching as far as Be’er Sheva and Ashdod.

Separately, guerrillas in southern Lebanon fired rockets into northern Israel yesterday. There were no casualties. The Israeli military fired mortars back.

The nine Israeli human rights groups, which include B’Tselem, Gisha, Amnesty International’s Israel section and Physicians for Human Rights, said accounts from Gaza showed the Israeli military was “making wanton use of lethal force” and called for a halt to attacks on civilians, access for civilians to escape the fighting, medical care for the injured, access for medical and rescue teams and the proper operation of electricity, water and sewage systems. Their unusually strong criticisms stand out in a country whose Jewish population at least has been united in extraordinarily strong support for the war in Gaza.

The desperate state of health facilities in Gaza was highlighted yesterday in the Lancet medical journal. Several mobile clinics and ambulances have been damaged by Israeli attacks, it notes, and at least six medical personnel killed. Hospitals and clinics have been forced to close. International law requires that all medical staff and facilities be protected at all times, even during armed conflict, said the Lancet. “Attacks on staff and facilities are serious violations of these laws,” it said.

Many doctors are working 24-hour shifts, ambulances cannot be maintained and are breaking down, while hospital equipment, medicines and anaesthetics, beds and medical staff are all in short supply. Hospitals and clinics have had their electricity supplies cut and are relying on “fragile back-up generators”.

Norwegian doctors Mads Gilbert and Erik Fosse wrote that during their spell working in al-Shifa hospital in Gaza City in the current conflict they had “witnessed the most horrific war injuries in men, women and children of all ages in numbers almost too large to comprehend. The wounded, dying and dead have streamed into the overcrowded hospital in endless convoys of ambulances and private cars and wrapped in blankets in the caring arms of others. The endless and intense bombardments from Israeli air, ground and naval forces have missed no targets, not even the hospital.”

Two Palestinian journalists working for an Iranian television station were charged in Israel yesterday with passing classified information to the enemy. They were accused of reporting the start of the ground invasion two weeks ago while the information was still under military censorship, and could face lengthy jail terms.

The Humiliation of America

January 14, 2009


Paul Craig Roberts | Information Clearing House, January  14, 2009


“Early Friday morning the secretary of state was considering bringing the cease-fire resolution to a UNSC vote and we didn’t want her to vote for it.” Olmert said. “I said ‘get President Bush on the phone.’ They tried and told me he was in the middle of a lecture in Philadelphia. I said ‘I’m not interested, I need to speak to him now.’ He got down from the podium, went out and took the phone call.”

“Let me see if I understand this,” wrote a friend in response to news reports that Israeli Prime Minister Olmert ordered President Bush from the podium where he was giving a speech to receive Israel’s instructions about how the United States had to vote on the UN resolution. “On September 11th, President Bush is interrupted while reading a story to school children and told the World Trade Center had been hit–and he went on reading. Now, Olmert calls about a UN resolution when Bush is giving a speech and Bush leaves the stage to take the call. There exists no greater example of a master-servant relationship.”

Olmert gloated as he told Israelis how he had shamed US Secretary of State Condi Rice by preventing the American Secretary of State from supporting a resolution that she had helped to craft. Olmert proudly related how he had interrupted President Bush’s speech in order to give Bush his marching orders on the UN vote.

Israeli politicians have been bragging for decades about the control they exercise over the US government. In his final press conference, President Bush, deluded to the very end, said that the whole world respects America. In fact, when the world looks at America, what it sees is an Israeli colony.

Responding to mounting reports from the Red Cross and human rights organizations of Israel’s massive war crimes in Gaza, the United Nations Human Rights Council voted 33-1 on January 12 to condemn Israel for grave offenses against human rights.

On January 13, the London Times reported that Israelis have gathered on a hillside overlooking Gaza to enjoy the slaughter of Palestinians in what the Times calls “the ultimate spectator sport.”

It is American supplied F-16 fighter jets, helicopter gunships, missiles, and bombs that are destroying the civilian infrastructure of Gaza and murdering the Palestinians who have been packed into the tiny strip of land. What is happening to the Palestinians herded into the Gaza Ghetto is happening because of American money and weapons. It is just as much an attack by the United States as an attack by Israel. The US government is complicit in the war crimes.

Yet in his farewell press conference on January 12, Bush said that the world respects America for its compassion.

The compassion of bombing a UN school for girls?

The compassion of herding 100 Palestinians into one house and then shelling it?

The compassion of bombing hospitals and mosques?

The compassion of depriving 1.5 million Palestinians of food, medicine, and energy?

The compassion of violently overthrowing the democratically elected Hamas government?

The compassion of blowing up the infrastructure of one of the poorest and most deprived people on earth?

The compassion of abstaining from a Security Council vote condemning these actions?

And this is a repeat of what the Israelis and Americans did to Lebanon in 2006, what the Americans did to Iraqis for six years and are continuing to do to Afghans after seven years. And still hope to do to the Iranians and Syrians.

In 2002 I designated George W. Bush “the White House Moron.” If there ever was any doubt about this designation, Bush’s final press conference dispelled it.

Bush talked about connecting the dots, but Bush has failed to connect any dots for eight solid years. “Our” president was a puppet for a cabal led by Dick Cheney and a handful of Jewish neoconservatives, who took control of the Pentagon, the State Department, the National Security Council, the CIA, and “Homeland Security.” From these power positions, the neocon cabal used lies and deception to invade Afghanistan and Iraq, pointless wars that have cost Americans $3 trillion, while millions of Americans lose their jobs, their pensions, and their access to health care.

“These obviously very difficult economic times,” Bush said in his press conference, “started before my presidency.”

Bush has plenty of liberal company in failing to connect a $3 trillion dollar war with hard times. The Center on Budget and Policy Priorities blames Bush’s tax cut, not the wars, for “the fiscal deterioration.”

Bush told the White House Press Corps, a useless collection of non-journalists, that the two mistakes of his invasion of Iraq were: (1) Putting up the “mission accomplished” banner on the aircraft carrier, which, he said, “sent the wrong message,” and (2) the absence of the alleged weapons of mass destruction that he used to justify the invasion.

Although Bush now admits that there were not any such weapons in Iraq, Bush said that the invasion was still the right thing to do.

The deaths of 1.25 million Iraqis, the displacement of 4 million Iraqis, and the destruction of a country’s infrastructure and economy are merely the collateral damage associated with “bringing freedom and democracy” to the Middle East.

Unless George W. Bush is the best actor in human history, he truly believes what he told the White House Press Corps.

What Bush did not explain is how America is respected when its people put a moron in charge for eight years.

The Facts About Hamas and the War on Gaza

January 14, 2009

By NORMAN FINKELSTEIN | Counterpunch, January 13, 2009

The record is fairly clear. You can find it on the Israeli website, the Ministry of Foreign Affairs website. Israel broke the ceasefire by going into the Gaza and killing six or seven Palestinian militants. At that point—and now I’m quoting the official Israeli website—Hamas retaliated or, in retaliation for the Israeli attack, then launched the missiles.

Now, as to the reason why, the record is fairly clear as well. According to Ha’aretz, Defense Minister Barak began plans for this invasion before the ceasefire even began. In fact, according to yesterday’s Ha’aretz, the plans for the invasion began in March. And the main reasons for the invasion, I think, are twofold. Number one; to enhance what Israel calls its deterrence capacity, which in layman’s language basically means Israel’s capacity to terrorize the region into submission. After their defeat in July 2006 in Lebanon, they felt it important to transmit the message that Israel is still a fighting force, still capable of terrorizing those who dare defy its word.

And the second main reason for the attack is because Hamas was signaling that it wanted a diplomatic settlement of the conflict along the June 1967 border. That is to say, Hamas was signaling they had joined the international consensus, they had joined most of the international community, overwhelmingly the international community, in seeking a diplomatic settlement. And at that point, Israel was faced with what Israelis call a Palestinian peace offensive. And in order to defeat the peace offensive, they sought to dismantle Hamas.

As was documented in the April 2008 issue of Vanity Fair by the writer David Rose, basing himself on internal US documents, it was the United States in cahoots with the Palestinian Authority and Israel which were attempting a putsch on Hamas, and Hamas preempted the putsch. That, too, is no longer debatable or no longer a controversial claim.

The issue is can it rule in Gaza if Israel maintains a blockade and prevents economic activity among the Palestinians. The blockade, incidentally, was implemented before Hamas came to power. The blockade doesn’t even have anything to do with Hamas. The blockade came to—there were Americans who were sent over, in particular James Wolfensohn, to try to break the blockade after Israel redeployed its troops in Gaza.

The problem all along has been that Israel doesn’t want Gaza to develop, and Israel doesn’t want to resolve diplomatically the conflict, both the leadership in Damascus and the leadership in the Gaza have repeatedly made statements they’re willing to settle the conflict in the June 1967 border. The record is fairly clear. In fact, it’s unambiguously clear.

Every year, the United Nations General Assembly votes on a resolution entitled “Peaceful Settlement of the Palestine Question.” And every year the vote is the same: it’s the whole world on one side; Israel, the United States and some South Sea atolls and Australia on the other side. The vote this past year was 164-to-7. Every year since 1989—in 1989, the vote was 151-to-3, the whole world on one side, the United States, Israel and the island state of Dominica on the other side.

We have the Arab League, all twenty-two members of the Arab League, favoring a two-state settlement on the June 1967 border. We have the Palestinian Authority favoring that two-state settlement on the June 1967 border. We now have Hamas favoring that two-state settlement on the June 1967 border. The one and only obstacle is Israel, backed by the United States. That’s the problem.

Well, the record shows that Hamas wanted to continue the ceasefire, but only on condition that Israel eases the blockade. Long before Hamas began the retaliatory rocket attacks on Israel, Palestinians were facing a humanitarian crisis in Gaza because of the blockade. The former High Commissioner for Human Rights, Mary Robinson, described what was going on in Gaza as a destruction of a civilization. This was during the ceasefire period.

What does the record show? The record shows for the past twenty or more years, the entire international community has sought to settle the conflict in the June 1967 border with a just resolution of the refugee question. Are all 164 nations of the United Nations the rejectionists? And are the only people in favor of peace the United States, Israel, Nauru, Palau, Micronesia, the Marshall Islands and Australia? Who are the rejectionists? Who’s opposing a peace?

The record shows that in every crucial issue raised at Camp David, then under the Clinton parameters, and then in Taba, at every single point, all the concessions came from the Palestinians. Israel didn’t make any concessions. Every concession came from the Palestinians. The Palestinians have repeatedly expressed a willingness to settle the conflict in accordance with international law.

The law is very clear. July 2004, the highest judicial body in the world, the International Court of Justice, ruled Israel has no title to any of the West Bank and any of Gaza. They have no title to Jerusalem. Arab East Jerusalem, according to the highest judicial body in the world, is occupied Palestinian territory. The International Court of Justice ruled all the settlements, all the settlements in the West Bank, are illegal under international law.

Now, the important point is, on all those questions, the Palestinians were willing to make concessions. They made all the concessions. Israel didn’t make any concessions.

I think it’s fairly clear what needs to happen. Number one, the United States and Israel have to join the rest of the international community, have to abide by international law. I don’t think international law should be trivialized. I think it’s a serious issue. If Israel is in defiance of international law, it should be called into account, just like any other state in the world.

Mr. Obama has to level with the American people. He has to be honest about what is the main obstacle to resolving the conflict. It’s not Palestinian rejectionism. It’s the refusal of Israel, backed by the United States government, to abide by international law, to abide by the opinion of the international community.

And the main challenge for all of us as Americans is to see through the lies.

Norman Finkelstein is author of five books, including Image and Reality of the Israel-Palestine Conflict, Beyond Chutzpah and The Holocaust Industry, which have been translated into more than 40 foreign editions. He is the son of Holocaust survivors. This article is an edited extract of the views of Finkelstein given at DemocracyNow.org. His website is www.NormanFinkelstein.com

Gaza Killings Trigger Call for War Crimes Probe

January 14, 2009


By Thalif Deen | Inter Press Service


UNITED NATIONS, Jan 13 (IPS) – With hundreds of civilians, mostly women and children, killed during nearly three weeks of fighting in Gaza, there is a growing demand either for an international tribunal or an international commission to investigate charges of war crimes committed by Israel.

But there are fears that any such move may be shot down by the United States, and possibly by other Western nations, which continue to politically temper their criticism of Israel despite violations of all the known international conventions protecting women, children, the wounded and the dying in war zones.

“On an inter-governmental level, the war crimes process is essentially subject to geopolitical control, which means in practice that the criminal wrongdoing of the most powerful [the U.S. government] and its closest friends [Israel] get a free pass,” Richard Falk, a professor of international law and a U.N. human rights expert, told IPS.

Despite widespread condemnation, this practice of “geopolitical impunity” is likely to shield Israel from formal scrutiny with respect to the alleged crimes of war and crimes against humanity associated with its military operations in Gaza since Dec. 27, he added.

Falk, who is the U.N. Special Rapporteur for Human Rights in the Occupied Palestinian Territories, was detained and expelled from an airport in Tel Aviv last month when he was on a U.N.-mandated assignment to probe human rights in the occupied territories.

As of Tuesday, the Palestinian death toll had risen to more than 900, mostly civilians, compared with over 10 Israelis, including those killed by Hamas’s rocket fire.

The London-based Amnesty International has asked the Security Council “to take firm action to ensure full accountability for war crimes and other serious abuses of international human rights and humanitarian law.”

The U.N. High Commissioner for Human Rights Navi Pillay told a special session of the Human Rights Council (HRC) in Geneva that accountability must be ensured for violations of international law.

“I remind this Council that violations of international humanitarian law may constitute war crimes for which individual criminal responsibility may be invoked,” she said.

At the special session Monday, the HRC adopted a resolution calling for an “urgent independent international fact-finding mission” to investigate all violations of international human rights and humanitarian law by Israel.

Asked specifically about charges of “war crimes” in Gaza, Secretary-General Ban Ki-moon refused to express his view on the unbridled killings of civilians.

“That’s something which the International Criminal Court (ICC) or other international organisations will have to determine,” he told reporters Monday, on the eve of his weeklong peace mission to the Middle East.

But the Paris-based International Federation for Human Rights (FIDH), which is calling for an international commission of investigation, points out that Israel has not ratified the statute of the ICC.

“Activating the ICC jurisdiction for these crimes implies for the U.N. Security Council to refer the situation to the ICC,” in order for the ICC prosecutor to initiate an investigation, FIDH said in a letter to the 15-member U.N. body.

But any such Security Council action will most likely be vetoed by the United States, a longstanding ally of Israel.

Besides the ICC, which was established in 2003, there have been special criminal tribunals or special courts created to prosecute war crimes or genocide in the former Yugoslavia, Rwanda, Sierra Leone, Lebanon, Cambodia and East Timor.

“There certainly should be a tribunal,” Michael Ratner, president of the New York-based Centre for Constitutional Rights, told IPS.

While it would look at war crimes committed by all parties, Hamas’s actions pale in comparison to the murders committed by Israel, he said.

“The continued impunity of Israel for crimes it has committed encourages it in perpetrating gross violations of humanitarian law,” said Ratner, who is also adjunct professor law at Columbia University.

“A tribunal is essential, [but] the United States will likely veto such a Security Counsel resolution. By doing so, it is enabling and condoning war crimes,” he warned.

Stephen Zunes, professor of politics and international studies at the University of San Francisco, said: “A strong case can be made for an investigation into war crimes committed by Israeli armed forces.”

Since the Gaza Strip is legally a non-self-governing territory, the United Nations has a particular responsibility to ensure that those guilty of war crimes are prosecuted, he added.

“Such prosecution, however, would be more appropriate if pursued through the International Criminal Court, which did not exist at the time special tribunals were set up for Yugoslavia, Cambodia and Rwanda,” Zunes told IPS.

By pursuing cases through the ICC rather than a special tribunal, it would lessen the likelihood of charges that the United Nations was once again unfairly singling out Israel for violations of international humanitarian law, he added.

Falk said “the most that we can expect are fact-finding and investigative missions” established by the Human Rights Council in Geneva (as proposed in its Special Session) and by the General Assembly (as an outcome of an upcoming Ninth Special Session).

“I think these symbolic steps are important, and they will undoubtedly be opposed by the United States and Israel, and Israel will in all likelihood not allow such initiatives to enter Gaza,” he said.

This will confirm concealment, a virtual admission of guilt, and will still enable authoritative reports and recommendations for a criminal accountability mechanism to be established, which the General Assembly has the authority to do under Article 22 of the U.N. Charter, Falk said.

There are some other possibilities for establishing legal responsibility and criminal accountability, especially well-organised civil society initiatives.

He pointed out that one model would be the tribunal process associated with the Iraq War, with sessions in some 20 countries, and a culminating Iraq War Tribunal held in Istanbul, Turkey in June 2005.

“There exists the political climate to organise such a tribunal process for Gaza, and it will have worldwide resonance.”

In the course of such a democratically conceived grassroots tribunal process, there would also be an opportunity to consider the implications of the U.S. role in providing vast military assistance and unconditional diplomatic support to Israel, as well as to consider the relative passivity of Europe, Arab neighbours, and others, he added.

Israel may face UN court ruling on legality of Gaza conflict

January 14, 2009

Children at a UN-supported school for pupils displaced from their homes Link to this video

Israel faces the prospect of intervention by international courts amid growing calls that its actions in Gaza are a violation of world humanitarian and criminal law.

The UN general assembly, which is meeting this week to discuss the issue, will consider requesting an advisory opinion from the international court of justice, the Guardian has learned.

“There is a well-grounded view that both the initial attacks on Gaza and the tactics being used by Israel are serious violations of the UN charter, the Geneva conventions, international law and international humanitarian law,” said Richard Falk, the UN’s special rapporteur on the Palestinian territories and professor emeritus of international law at Princeton University.

“There is a consensus among independent legal experts that Israel is an occupying power and is therefore bound by the duties set out in the fourth Geneva convention,” Falk added. “The arguments that Israel’s blockade is a form of prohibited collective punishment, and that it is in breach of its duty to ensure the population has sufficient food and healthcare as the occupying power, are very strong.”

A Foreign Office source confirmed the UK would consider backing calls for a reference to the ICJ. “It’s definitely on the table,” the source said. “We have already called for an investigation and are looking at all evidence and allegations.”

An open letter to the prime minister signed by prominent international lawyers and published in today’s Guardian states: “The United Kingdom government … has a duty under international law to exert its influence to stop violations of international humanitarian law in the current conflict between Israel and Hamas.”

The letter argues that Israel has violated principles of humanitarian law, including launching attacks directly aimed at civilians and failing to discriminate between civilians and combatants.

The letter follows condemnation earlier this week from leading QCs of Israel’s action as a violation of international law, and a vote by the UN’s human rights council on Monday on a resolution condemning the ongoing Israeli military operation in the Gaza Strip.

“The blockade of humanitarian relief, the destruction of civilian infrastructure, and preventing access to basic necessities such as food and fuel are prima facie war crimes,” a group of leading QCs and academics, including Michael Mansfield QC and Sir Geoffrey Bindman, wrote in a letter to the Sunday Times.

Israel has already been found to have violated its obligations in international law by a previous advisory opinion of the ICJ, and is likely to vigorously contest arguments that it is an occupying power. It previously stated that occupation ceased after disengagement from Gaza in 2005.

Its stance raises questions as to the utility of an advisory opinion by the ICJ after Israel rejected its finding in a previous case, which found the wall being constructed in the Palestinian territories to be a violation of Israel’s obligations under international humanitarian law.

Questions are also being raised as to whether the international criminal court, which deals with war crimes and crimes against humanity, would have any jurisdiction to hear cases against perpetrators of the alleged crimes on both sides of the conflict. Neither Israel nor the Palestinian territories are signatories to the Rome statute, which brings states within the jurisdiction of the ICC.

More likely, experts say, is the establishment of ad-hoc tribunals of the kind created to deal with the war in the former Yugoslavia and the genocide in Rwanda.

“If there were the political will there could be an ad-hoc tribunal established to hear allegations of war crimes,” Falk said. “This could be done by the general assembly acting under article 22 of the UN charter which gives them the authority to establish subsidiary bodies.”

We Will Not Go Down: A Song From Gaza Source:

January 13, 2009

Information Clearing House

We Will Not Go Down
A song for Gaza
Video


This is a song of hope for the Palestinians in Gaza, composed and performed by Michael Heart
Women and children alike Murdered and massacred night after night While the so-called leaders of countries afar Debated on who’s wrong or right
Posted January 12, 2009 –

A blinding flash of white light
Lit up the sky over Gaza tonight
People running for cover
Not knowing whether they’re dead or alive
They came with their tanks and their planes
With ravaging fiery flames
And nothing remains
Just a voice rising up in the smoky haze
We will not go down
In the night, without a fight
You can burn up our mosques and our homes and our schools
But our spirit will never die
We will not go down
In Gaza tonight
Women and children alike
Murdered and massacred night after night
While the so-called leaders of countries afar
Debated on who’s wrong or right
But their powerless words were in vain
And the bombs fell down like acid rain
But through the tears and the blood and the pain
You can still hear that voice through the smoky haze
We will not go down
In the night, without a fight
You can burn up our mosques and our homes and our schools
But our spirit will never die
We will not go down
In Gaza tonight
We will not go down
In the night, without a fight
You can burn up our mosques and our homes and our schools
But our spirit will never die
We will not go down
In the night, without a fight
We will not go down
In Gaza tonight