Archive for the ‘War Criminals’ Category

The Israeli destruction of Gaza and international silence

February 14, 2009

by Ann Wright

I travelled to Gaza last week with Medea Benjamin and Tighe Berry of Codepink: Women for Peace. We were allowed by the Egyptian government to enter Gaza for only 48 hours.I knew that 1026 of the 1330 who were killed in the Israeli attacks on Gaza were civilians. Of the 1026 civilians, 282 were children, 111 women, 168 civilian policemen and 501 civilian men died in Israeli bombings. 274 have been classified as combatant deaths.

I knew that the estimates for the cost of reconstruction to the destruction done by Israeli bombing is over $2 billion. After seeing the destruction in Gaza City, I thought I would be prepared for North Gaza. I had heard the damage done by F-16s and tanks was substantial, but I was stunned by the large number of apartment buildings and industries that had been blown up and destroyed by the Israeli military in the northern Gaza border region with Israel.

The Israeli military destroyed virtually everything in a corridor along the border in Jabalia and forced the evacuation of Gazans back into the center part of Gaza, a tiny area 45 kilometers long and 8 kilometers wide. Homes and factories were leveled and tens of thousands of citizens were left homeless. We saw five tent camps that had been set up by relief organizations. Living conditions are spartan.

Nahed, a project manager for Palestine Medical Relief Society, guided us through the wreckage of North Gaza. We visited one of the four primary health care facilities PMRS operates, with an overworked staff trying to cope with the medical and emotional challenges of those who have returned to their bombed out homes with family members dead or injured.

37 Members of One Family Killed as Israeli Military Orders 150 into a Building then Bombs it

In the Al Zaiton area in northern Gaza, we met with the remaining members of the al Samouni family. The large extended family lived in many houses and some family members operated a poultry farm in the area. After the Israeli army invaded, Army personnel ordered 150 members of the family into one large home and then bombed the home as well as all the numerous homes and buildings of the family. 37 members of the family were killed and many were injured. The Israeli government said the military had made a mistake.
The al Samouni family set up several large tents for the numerous visitors who come by the area to pay respects. One tent had eight women inside. All had family members killed and wounded in the attacks. We spoke with Ibtessana al Samouni who had two children killed and her husband and daughter seriously injured and are being treated in Saudi Arabia. One of her sons was also injured and is in a military hospital in Cairo. She and her remaining 5 children are living with other relatives in Gaza City. Ibtessana had a glazed stare and kept repeating that no one in her family had done anything to the Israelis. We saw in her eyes the disbelief that some of her children were dead and that she would not see her husband and other children for months. The emotional health of the al Samouni extended family considering the large number of deaths and injuries in the family seemed precarious.

The family area, a section of land about ½ mile by ½ mile was completely bombed. It looked like a huge tornado or hurricane had wiped out the area. The poultry farm was totally destroyed and bulldozers were pushing the rotting chicken carcasses into a pit while we were there.

Life Without Your Home

Dressed in her black abaya, Izbet Abed Rabu told us she and her family of five children and her husband now live in a tent provided by the United Nations after her home was destroyed in Jabalia, northern Gaza. She showed us her two story concrete block home that was flattened into rubble. Her eyes teared over as she said she was lucky. No one in her family had been killed in the Israeli naval shelling and rocket attacks, but her neighbors had been hit hard. Two neighboring families each had three family members killed.

Izbet pointed to the white tent provided by the United Nations and said that after two weeks they still have only blankets, but no cots or any “furniture” inside the tents. With the night desert temperatures falling into the low 40 degrees, she said her four children are cold. The children are not yet in school.

Industries Systematically Destroyed

There are few industries left in northern Gaza and the Israeli military destroyed 10-15 of those remaining industries including two cement companies, a dairy, gas station, an aluminum recycling company and a health products company. The production capacity of Gaza has been severely impacted by the Israeli warplanes.

Agricultural Lands Purposefully Destroyed

We walked in the agricultural lands mangled by Israeli tanks that had been positioned in the fields near the medical clinic. The fruit trees in one field had been completed knocked down and bulldozed over. Olive orchards throughout Gaza were systematically destroyed by Israeli tanks.

Schools Destroyed

Close by was Khalil al Noubany High School that had been used by Israeli soldiers. To secure the building they blew holes in it setting part of it on fire. The remaining part was occupied and used to fire on any one remaining in the area. The Israeli soldiers trashed the school. They left h military trash everywhere. School books and supplies had been thrown on the floor and walked on in virtually all the classrooms. It was quite obvious that they soldier had intentionally damaged the insides of the classrooms and purposefully destroyed books and educational materials. The headmaster of the school, who arrived as we were looking at the school, said that the school had served 550 girl students in the morning and 530 male students in the afternoon. She told us that the school is so severely damaged that it cannot reopen this year and students are having to travel to the few remaining schools that are open in Gaza.

Later in the day while he was serving double duty as a Gaza government official at the Rafah, Gaza border crossing, Mr. Ahmed Ayes Alnajjar of the Ministry of Education told us that 7 schools in Gaza were totally destroyed and 135 schools were substantially damaged.

The Prison Called Gaza

We left northern Gaza and headed for the Rafah border crossing with Egypt. We had to be across the border into Egypt by 5pm as the Egyptian government was closing the border. If we did not exit Gaza by 5pm we too would be imprisoned in Gaza until the border crossing reopened-which might be months. So after only 48 hours in Gaza, we were forced to depart.

On the way to the Gaza border, we stopped to see a few of the 1500 tunnels that Palestinians have dug since the borders of Gaza were closed and the siege began. Palestinians have been locked into the prison called Gaza for the past sixteen months.

Bombing Tunnels With a Blind Eye

The tunnel area is in plain sight next to the Egyptian border. It is a surreal scene. Buildings behind the tunnel area have been bombed and are destroyed. Trucks and cars are parked under the remaining roofs of a large bombed out fresh air market– ready to move goods from the tunnel area.

Mounds of fresh sand are everywhere indicating that tunnels are still being dug. Generators hum providing air into the tunnels and powering the cables that pull loads of every imaginable type of goods from vegetables, canned goods, bags of rice and sugar, merchandise for hardware stores, etc. through the tunnels to the surface on the Gaza side.

Every tunnel is surrounded by barriers made of light fencing covered with large plastic bags. Young men are busy hauling up goods that have been brought through the tunnel from Egypt.

The tunnel “managers” we spoke with were surprisingly open in allowing us to come into the areas and talk with them. They said that about 900 tunnels have been destroyed or partially damaged by Israeli bombs. Most are being rebuilt, despite the almost daily bombing by Israeli war planes. The tunnels we saw had openings about 4 feet across. The entry holes were from 50 to 65 feet deep and the tunnels were 500 to 1,000 feet long. One tunnel opening was built with concrete blocks and another opening was built with wood.

The tunnel manager said that to rebuild a tunnel that has been blown up takes about half the time to reopen and digging a new tunnel. The tunnel areas are little cities with electricity, water, food and coffee at each tunnel entrance.

Tunnel digging is about the only employment for young men in Gaza. They earn 100 shekels ($25) per day for digging in the tunnels. One manager said many tunnel diggers had died when the reinforced sand tunnels collapsed during construction. But young men continue to risk the dangers as tunnel construction is one of the few jobs available to them.

While we did not see the other end of the tunnel operation on the Rafah, Egypt side of the border, it is inconceivable that Egyptian authorities do not know where the tunnel openings are. All they have to do is to follow the parade of trucks loaded with merchandise that come into Rafah, Egypt.

After coming through the border we stopped in Rafah, Egypt to see what the smuggling town was like. The police presence was tremendous. We had barely gotten our bags out of the taxi when a policeman was at our side asking why we were in Rafah. We replied that we were hungry and wanted to get something to eat. We stopped at a small falafel stand and for the next hour were watched by police. As one of us would go to explore the main street, police would follow in the distance. They definitely did not want us straying off the main road and back into the houses and businesses where the tunnel entrances are.

It is remarkable that all the tunnels haven’t been bombed. With the sophisticated satellite views, cameras from drones, tethered radar and surveillance balloon and the $32 million tunnel detection equipment provided by the U.S. government, the Israeli, Egyptian and United States’ governments know exactly where the tunnels are.

But, closing the border provides Egyptian and Israeli businessmen a tremendous opportunity to sell goods to people in Gaza at very high prices. No doubt, Egyptian and Israeli government officials are paid to turn a blind eye to the tunneling and “smuggling.” Determining who profits economically from the occupations and sieges is fascinating. A new Israeli website http://www.whoprofits.org tracks who profits financially from the occupation and no doubt profits from the blockade and will profit from the rebuilding of destroyed Gaza.

Israeli bombing of tunnels is, of course, only on the Gaza side. No one is bombing the entrances to the tunnels on the Egyptian side of the border.

The tunnel economy means that for the ordinary citizens of Gaza, where there is a 70% unemployment rate and where over 900,000 of the 1.5 million in Gaza are on United Nations rations, closing the border and forcing commerce through the tunnels they pay exorbitant fees for every item brought through the tunnels.

SILENCE from the International Community

The sights we saw in Gaza were tragic-a goliath Israel pounding a small Gaza David with international silence and complicity in the 22 day military attack on Gaza and on the 16 month siege of Gaza. 1330 Palestinians have died, 5400 have been wounded and hundreds of thousands with memories of the bombings and invasion and occupation. Over $2 billion will be spent on rebuilding destroyed homes, businesses and factories. And there is SILENCE!!

Smashing of Gaza is a War Crime

I deplore the use of rockets against Israeli towns by Hamas and other groups in Gaza which have killed approximately 20 Israelis.

But, as a military officer who taught the Geneva Conventions and the Law of Land Warfare in US military schools, I fully believe the disproportionate response by the Israeli government and military in the smashing of Gaza is a violation of international law and a war crime.

Ann Wright is a 29 year US Army/Army Reserves veteran who retired as a Colonel and a former US diplomat who resigned in March, 2003 in opposition to the war on Iraq.  She served in Nicaragua, Grenada, Somalia, Uzbekistan, Kyrgyzstan, Sierra Leone, Micronesia and Mongolia.  In December, 2001 she was on the small team that reopened the US Embassy in Kabul, Afghanistan.  She is the co-author of the book “Dissent: Voices of Conscience.”  (www.voicesofconscience.com)

Tamil conflict ‘killing 40 civilians a day’

February 14, 2009

Morning Star Online

(Friday 13 February 2009)

A SRI Lankan health official said on Friday that fighting between government troops and Tamil Tiger rebels was killing around 40 civilians a day.

Aid groups have estimated that more than 200,000 civilians are trapped in a tiny strip of land still controlled by the rebels along the north-eastern coast.

Mullaittivu district health officer Dr Thurairajah Varatharajah said that artillery barrages were routinely hitting civilian areas in the region.

He added that the makeshift hospital that he was running in a school in the coastal town of Putumattalan was overwhelmed by casualties.

Dr Varatharajah said that the facility was badly understaffed since most of the doctors and nurses had either fled the war zone or had stopped coming to work and that the hospital was running out of some essential antibiotics and anaesthetics.

He added that civilians in the area had been suffering heavy casualties for three to four weeks as the military pushed the Tamil Tigers into the area, estimating that more than 100 wounded civilians were coming to the hospital every day, most of them with injuries from artillery shells.

Patients and medical staff were forced to evacuate the hospital in the town of Puthukkudiyiruppu last week after it came under heavy shelling for days. The staff, with the help of the Red Cross, set up a makeshift hospital in Putumattalan.

Dr Varatharajah claimed that the area around the hospital had been shelled on Monday, killing 22 people.

The artillery fire appeared to have stopped on Friday after the government declared a 7.5-mile coastal strip that included the hospital a “safe zone” and pledged not to attack it, he said.

The Tamil Tigers have been fighting since 1983 for an independent state for minority Tamils. More than 70,000 people have been killed.

The Sri Lankan government rejected Britain’s decision to appoint a special envoy to address the deteriorating humanitarian situation and help resolve the country’s ethnic conflict.

British Prime Minister Gordon Brown named former defence secretary Des Browne as his special envoy for Sri Lanka on Thursday, but President Mahinda Rajapaksa and his cabinet called the unilateral decision by Sri Lanka’s former colonial ruler “unhelpful,” noting that London had failed to consult with Colombo before announcing Mr Browne’s appointment.

Gaza: Inside the world’s biggest prison

February 13, 2009

Global Research, February 13, 2009

The Irish Times – 2009-01-24

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Evidence is mounting that the Israeli defence forces used the Gaza assault as a testing ground for new, horrific weapons that have confounded doctors’ attempts to save the wounded.

THERE WERE MANY ways to die during the Israeli offensive on Gaza.

From their hospital beds at Gaza’s Shifa Hospital, Atallah Saad, 13, and Yussef Salem, 17, told me how “zananas” – remotely piloted drones that fire missiles – wounded them and killed Atallah’s mother and pregnant sister-in-law, and two of Yussef’s school friends. The drones were given the nickname because they make a loud z-z-z-z-z sound. But the most shocking thing about them is that an Israeli operator watches his target – in these cases, all civilians – through a surveillance camera before launching the missile. Death by remote control.

White phosphorous was another, much publicised means of death. Each M82581 artillery shell, manufactured by General Dynamics in Pine Bluff, Arkansas, bears the initials PB. And each of the 155mm shells contains 116 felt wafers soaked in phosphorus, which ignites on contact with oxygen. The phosphorous makes the white jellyfish-shaped clouds seen on television during the December 27th-January 17th Israeli offensive. It provides cover for advancing troops, but it also burns houses and people. If one of the felt pads lands on your skin, it burns until all the fuel is consumed, creating deep, wide, chemical burns, often to the bone.

Dr Nafiz Abu Shabaan pulls a plastic bag from under his desk. It is filled with white phosphorous, buried in sand. The brown pieces look like dog dirt, and re-ignite if broken open. Mahmoud al Jamal, 18, sits in the doctor’s office, his right ear congealed, his fingers and part of his chest eaten away by white phosphorous. The unsightly wounds make him look like a leper.

Al Jamal was walking at dawn when he saw the white jellyfish in the sky. “Everything was set on fire around me. I felt my body burning. I fell down and I asked the man lying next to me to help me, but he was dead. Then I lost consciousness.” Al Jamal’s brother later told him how smoke poured from his body in the ambulance on the way to the hospital.

The Israeli’s use of white phosphorous is amply documented. Israel says it is legal, but human-rights groups say its use in civilian areas might constitute a war crime. Dr Abu Shabaan is more concerned by evidence of new, mysterious weapons and appeals for an impartial international investigation into Israel’s use of new weapons.

“We’ve seen many, many cases of amputation – like a cauterised wound, with no bleeding,” he recounts.

“Some have minor chest injuries, but the X-rays show nothing and they die suddenly, without explanation.”

Palestinian and foreign doctors who’ have treated the war-wounded at Shifa suspect the injuries may be caused by Dense Inert Metal Explosive, also known as Focus Lethality Munition, a weapon invented through Israeli-American cooperation.

“We are guinea pigs to the Americans and Israelis,” says Dr Abu Shabaan. “The Americans give the Israelis new weapons, and they try them out on us.”

“They are definitely testing weapons on us,” says Dr Sobhi Skaik, a member of the Royal College of Surgeons in Edinburgh and the head of the surgery department at Shifa. “The amount of damage done by these weapons is not commensurate to the wounds. We found computer chips, magnetic pieces and transistors in wounds. Sometimes there are only minute pin-point punctures to the abdomen and chest, but you see huge damage to internal organs. One patient had his liver burned black, as if it had been grilled. We think there must be something embedded in the human body that is releasing poison and killing.”

YET FOR ALL the high-tech and Frankenstein weaponry, perhaps Israel’s most vicious arm against the Palestinians has been “al-hissar”, the siege, imposed on the Gaza Strip 19 months ago when Hamas, after winning a democratic election that the world refused to recognise, seized power from the Fatah Palestinian Authority.

The world turned a blind eye as Gazans languished in the world’s biggest prison, unable to travel, import, export or interact with anyone or anything beyond their borders. And the world largely ignored the rockets Hamas fired in anger and frustration from within the siege.

As a result of this dual negligence the conflict exploded, killing 13 Israelis and 1,300 Palestinians.

The siege was one reason casualties were so high in the three-week war, says Fred Abrahams of Human Rights Watch. With the Israeli and Egyptian borders closed, “It wasn’t possible for Gazans to escape. The only way to get out was on a stretcher.”

For 19 months, Gaza has endured shortages of fuel, food, medicine and building materials. The Palestinians suffer the additional humiliation of using their tormentors’ currency, but two months ago the Israeli government cut the supply of shekels, creating a severe cash shortage. Fayad Salam, the prime minister of the Palestinian Authority in Ramallah, was forced to plea with the Israeli prime minister Ehud Olmert.

There were long queues at ATMs in Gaza City this week, but no matter how much they have in salary or savings, cash is rationed and Palestinians can withdraw only 1,000 Israeli shekels per month. “If the Israelis could deprive us of air, they would do it,” says a Palestinian doctor.

The siege of Gaza lies at the heart of the conflict. “If the Israelis want the war to end, they must open all the borders and end the siege,” says Hamas government spokesman Tahir al-Nounou. “Because the siege is war; the siege is killing our people.”

The only lifeline for Gaza are some 1,300 tunnels beneath the Gaza-Egyptian border. It costs $10,000 (€7,800) to dig a tunnel. The best tunnels are bored with sophisticated machines that compress earthen walls so no give-away sand appears outside. Some have railway tracks and electricity, and the tunnels are a lucrative business for Gazans and Egyptians. Because Hamas is believed to import weapons through the tunnels, Israel carpet-bombed them during the offensive. Yet only an estimated 400 were destroyed, and by mid-week the tunnels were again open. Huge plastic cubes in metal frames, holding petrol, appeared on the pavements of Gaza City.

But the return to a semblance of normality cannot efface the three-week nightmare. Whole families were wiped out. Abu Mohamed Balousha, who lost five daughters, and the Samounis of Zeitoun, where a four-year-old boy was the only survivor in a family of 30, have become causes célèbres.

Everyone has a worst memory. For ambulance driver Hathem Saleh, it was desperate telephone calls from the wounded. “When you have been talking to him on the phone and you cannot reach him because the Israeli tank will hit you – it happened to me many times . . . I could hear cries and the Israelis were shooting at us.”

Dr Mahmoud al Khozendar, a chest physician, tells of a colleague whose Russian wife was cut in half when an Israeli missile hit their home. It also killed their six-month-old child. “He took the two parts of his wife and put her on the bed with the baby. He escaped with a wounded son and daughter, and asked the Red Crescent to go back for the bodies.”

At Shifa, al Khozendar had a room full of limbs he could not match with bodies, and one body with two heads. “Most of the bodies were buried without names,” he says.

THERE WERE MANY ways to die during the Israeli offensive on Gaza. Perhaps the greatest number killed were crushed to death when the Israelis fired heavy tank artillery at their houses. Halima Radwan, 60, seemed particularly symbolic to me. Radwan was a young woman when she and her family fled from Israel in the 1967 war. She spent her life as a wandering Palestinian, moving to Gaza, Jordan, Lebanon, Egypt. In 1996, in the glory days when Gaza had an airport and Palestinians carried passports, she and her husband Ahmad, a PLO official, decided to move back to “Palestine”. They built a five-bedroom villa in the Abed Rabbo district of Gaza. A month before the offensive, they paid off their debts and celebrated.

Maher Radwan, 36, is Halima and Ahmad’s only son and a mechanical engineer with the Palestinian Authority. He, his wife and children lived with his parents. “Before the ground offensive started, I decided to take my wife and children further from the border,” Maher recounts in front of the ruined villa. “I begged my parents to come with us, but they said ‘No, we are old. The Israelis won’t harm us’.”

On January 6th, an Israeli tank fired a shell at the Radwans’ house. Ahmad was wounded in the head and walked out with a white flag. He begged the Israelis to allow the Red Crescent to rescue his wife Halima, who was buried alive in her kitchen. The Israelis said no. Halima lived for four days under the debris of her house, which the Israelis then dynamited.

“They knew she was there and they saw her, because they searched the house before they destroyed it,” says Maher.

As soon as the ceasefire took effect last Sunday, he went with friends and relatives to dig his mother out. “I had the tiniest hope she might still be alive.” But Halima’s legs, shoulder and head had been crushed by concrete.

Broken porcelain, a framed verse from the Koran and a piece of plaster with Hebrew writing by the Israeli soldiers are scattered in the ruins of the Radwan family home. The pigeons they raised have returned to roost on the broken roof. Maher Radwan’s neighbours say there can be no peace with the Israelis who did this. But Maher is more sad than angry. Peace might still be possible, he says, “if only there were wise Israeli people”.

Bring Binyam home

February 13, 2009

The greatest injustice I fear is that Binyam Mohamed is still being held at Guantánamo only to suppress evidence of his torture

I am a lawyer and a soldier, and I act for Binyam Mohamed, who is currently on hunger strike in Guantánamo Bay. I came to England to ask everyone to work as hard as possible to get Binyam home. The new administration in the US has said that it wants to close Guantánamo. The UK government says that it has been asking for Binyam’s return since August 2007. Despite that, and despite England being the US’s closest ally, Binyam is still in a cell in Guantánamo Bay. I believe that now is the time to press the new administration.

Guards told Binyam that he was going home in December, and so he is on hunger strike (together with 50 or so other prisoners). This means that he is tube-fed while strapped to a chair, twice a day. Binyam has lost so much weight that he speaks of the pain he suffers from being strapped to the chair for hours each day – he speaks of feeling his bones against the chair. I am really worried that if Binyam does not come home soon, he will leave Guantánamo Bay in a coffin.

The Joint Task Force, which runs Guantánamo Bay, gives me no information about Binyam. When I called to enquire about his condition, they said first, that they would look into it and then that they would tell me nothing and that I should make a Freedom of Information request, which would have taken months to process. Therefore, whenever I want information about Binyam, I have to make the 5-hour trip to Guantánamo. Each time, he asks why he is still there.

It is worth bearing in mind that all charges against Binyam have been dropped and that Binyam’s chief prosecutor resigned, citing the unfairness of the system.

I profoundly hope that he is not being kept in Guantánamo to avoid information surrounding his rendition and torture coming out. Clive Stafford Smith and I are testifying at the All Party Parliamentary Group on Extraordinary Rendition in Portcullis House, Westminster today, which is open to members of the public. I understand that a number of intelligence agents and politicians will also speak in an attempt to get Binyam home. I am meeting with David Miliband , this Thursday, and I hope that he will assure me that Binyam is coming home.

Gaza 2009: Culture of Resistance vs. Defeat

February 12, 2009

By Dr. Haidar Eid | ZNet, Feb 12, 2009

The ongoing bloodletting in the Gaza Strip and the ability of the Palestinian people to creatively resist the might of the world’s 4th strongest army is being hotly debated by Palestinian political forces. The latest genocidal war which lasted for 22 days, and in which apartheid Israel used F16s, Apache helicopters, Merkava tanks and conventional and non-conventional weapons against the population, have raised many serious questions about the concept of resistance and whether the outcome of the war can, or cannot, be considered a victory for the Palestinian people. The same kind of questions were raised in 2006 when apartheid Israel launched its war against the Lebanese people and brutally killed more than 1200 Lebanese.

At the beginning of the Gaza war, we were told by certain sectors of the Palestinian political leadership that “the two sides are to blame: Hamas and Israel;” “Hamas must stop the launching of the rockets from Gaza.” Resistance in all its forms, violent and otherwise, was considered, by these same people, “futile.” Now that there are fewer bombs raining down on Gaza, the conflict focuses on whether the outcome of the war was one of victory or defeat. For the Israeli ruling class the answer is clear – in spite of the fact that none of the objectives announced at the beginning of the war have been achieved. It is clear because they, like the defeatist Palestinian camp, simply use the numbers of martyrs, disabled and homeless to determine victory and defeat.

This approach fails to acknowledge that none of the so-called ‘objectives’ of the war have been achieved: Hamas is still in power; rockets are still being launched; no pro-Oslo forces have been reinstated in the Gaza Strip. The question now being raised by some Palestinian intellectuals and political forces, after the (un)expected brutality of the IOF, is “was it worth it?” The “it” here remains ambiguous depending on the reaction of the listener/reader. What is of interest here is the radical change that some national forces, especially the left and their intellectuals, have gone through in their mechanical, as opposed to dialectical, interpretation of history and their role, thereafter, in its making.

The war on Gaza has emerged as a political tsunami that has not only put an end to the fiction of the 2-state solution and brought back liberation rather than independence on the agenda, but it has also created a new Palestinian political map given the intellectual debate vis-à-vis the outcome of the war. This new classification of the Palestinian intelligentsia and ruling classes has led to many ex-lefties joining the right-wing anthem of Oslo and its culture of defeatism. Not unlike the Oslo intelligentsia, the new pragmatic left is characterized by demagogy, opportunism and short-sightedness. The conduct of these NGOized intellectuals does not show any commitment to their national and historical responsibility.

Foucault’s famous formulation, “where there is power, there is resistance”, helps us to theorize the political and, hence, the cultural resistance, represented in some of the (post)war discourse. Within the context of resistance, it is worth quoting Frantz Fanon’s definitions of the role of the “native intellectual” during the “fighting phase”:[T]he native, after having tried to lose himself in the people and with the people, will… shake the people…[H]e turns himself into an awakener of the people; hence comes a fighting literature, and a national literature.” On the other hand, there are intellectuals who, according to Fanon’s theorization, “give proof that [they] [have] assimilated the culture of the occupying power. [Their] writings correspond point by point with those of [their] opposite numbers in the mother country. [Their] inspiration is European [i.e. Western] …” Hencethe adoption of the Israeli narrative by some intellectual sections, including NGOized lefties, whereby Israel was exonerated of its crimes: “we are to blame for what happened”; “we were not consulted when Hamas started the war!” and “the people are paying the price, not the resistance movement;” “Hamas should have renewed the Hudna;” ” we cannot afford to lose so many lives; Hamas should have understood this;” ” there was no resistance at all on the streets of Gaza; resistance men ran away as soon as they saw the first tank…” By the same token, one would also condemn the Algerian, South Africa, French, Vietnamese, Lebanese and Egyptian resistance to occupation. The same logic was used by the Bantustan chiefs of South Africa against the anti-apartheid movement, by the Vichy government of France, the North Vietnamese government, the reactionary Egyptian Forces against the progressive regime of Nasser in 1956, and even by the Siniora-Junblatt-Ja’aja-Hariri coalition in 2006.

Obviously, these intellectuals’ assimilation of the Western mentality, through a process of NGOization, and hence Osloization, makes them look down upon the culture of resistance as useless, futile and hopeless. Resistance, broadly speaking, is not only the ability to fight back against a militarily more powerful enemy, but also an ability to creatively resist the occupation of one’s land. The Oslo defeatists and the neo-left camp fail to use people power creatively or even to see that it exists. They are defeated because they want to fight the battle on Israel’s terms-through the adoption of an Israel-Hamas dichotomy, rather than apartheid Israel vs. the Palestinian people- instead of looking for what are their strengths: that they are the natives of the land, they have international law supporting their claims, they have the moral high ground, the support of the international civil society, etc. One good lesson from the South African struggle is the way it tried to define resistance and its adoption of what it referred to as “the four pillars ofthe struggle” to achieve victory over the apartheid regime: armed struggle, internal mass mobilization, international solidarity, and the political underground. Alas, none of these pillars seem to fit within the paradigm of the Palestinian neo-left.

The principled critical legacy of the likes of Ghassan Kanafani, Edward Said and Frantz Fanon is no longer the guiding torch of the NGOized left -the secular democratic left which is supposed to be, as Said would argue, “someone who cannot easily be co-opted by governments or corporations [or donors], and whose raison d’etre is to represent all those people and issues that are routinely forgotten or swept under the rug.” A fascinating, and timely, remark by Hungarian philosopher George Lukacs points the way that the NGOized left should be taking right now, When the intellectual’s society reaches a historical crossroads in its fight for a clear definition of its identity, the intellectual should be involved in the whole socio-political process and leave his ivory tower.”

Decolonizing cultural resistance insists on the right to view Palestinian history as a holistic entity, both coherent and integral. It also reflects a national and historical consciousness that Palestinians are able to be agents of change in their present and future regardless of the agendas of western donors, the Quartet and other official “international” bodies. Yet we see that the neo-democrats of Palestine are unable to acknowledge Palestinian agency because they refuse to respect the will of the people as expressed through the ballot box. This position is meant to synergise with that of their donors and international bodies who have worked hard over the last two years to deligitimise Palestinian agency.

This lack of political consciousness and the search for individual solutions –the major characteristics of defeatist ideology–contradict the collective national reality of the colonized Palestinians. Political consciousness must begin with a rejection of the conditions imposed by the Israeli occupation and the Quartet on the majority of Palestinians and even more crucially, a rejection of the crumbs that are offered as a reward for good behaviour to a select minority of Palestinians. Indeed, class consciousness is dialectically related to the struggle for national liberation. It is the interests of some NGOized groups, ex-lefties, and neo-liberals, whose defeatist perspective on the outcome of Gaza 2009 is being disseminated with the help of some unpopular media outlets, which is at stake here – not the interests of the Palestinian people who have gained even more legitimacy through their steadfast resistance to the Israeli bombardment.

Osloized and NGOized classes argue that the only solution to the Israeli-Palestine conflict is the establishment of two-states which basically means the creation of an independent Palestine on 22% of Mandate Palestine. They maintain that the only way to reach independence is through negotiations, though ten years of negotiations have not moved the Israeli position at all. The establishment of a Palestinian state is not mentioned in any of the clauses of the Oslo agreement, thus leaving the matter to be determined by the balance of power in the region. This balance tilts in favor of Israel, which rejects the establishment of a sovereign Palestinian state, in spite of its recognition of the Palestinian people and its national movement (PLO). No Israeli party, neither Labour, Likud or Kadima is ready to accept a Palestinian state as the expression of the right of the Palestinian people to self-determination. The impasse negotiations have reached has proven the oppositional camp correct.

Hence the “shocking” results of the 2006 elections, in which Hamas won the majority of the seats of the Legislative Council. Both liberals and lefties were “surprised” and even felt “betrayed!” Accusations of the “immaturity” and even “backwardness” of the Palestinian people have been thrown around since then. Nothing was mentioned about the failure of “the peace process”; nor the end of the two-state solution, and thereafter, the necessity and need for a new national program that can mobilize the masses; a program that is necessarily democratic in its nature; one that respects resistance in its different forms and, ultimately, guarantees peace with justice.

It is this lack of a political vision and a clear-cut ideological programme that allows for the contortions of the Osloized classes. It is this lack that makes it prepared to recognize a “Jewish state” alongside a Palestinian State, including the legitimization of discriminatory practices applied by Israel against its non-Jewish, i.e. mainly Palestinian citizens and residents since 1948, and the end of the right of return of more than 6 million refuges. What we are constantly told, is either accept Israeli occupation in its ugliest form. i.e. the ongoing presence of the apartheid wall, colonies, checkpoints, zigzag roads, color coded number plates, house demolitions and security coordination supervised by a retired American general, OR have a hermetic medieval siege imposed on us, but still die with dignity. The first option seems to be the favorite of some NGOized “activists.”

The new, much-needed programme, however, must make the necessary link between all Palestinian struggles: the occupation of Gaza and the West Bank, Israel’s ethnically-based discrimination and rights violations of more than one million Palestinian citizens, and the 1948 externally displaced refugees. Gaza 2009 was not a defeat but a victory, because in Gaza the Israelis shot the two-state solution in the head; it is a victory achieved with the blood of those children, men and women who sacrificed their lives so that we could live and continue to resist, not surrender. Those Palestinians that are mourning the demise of the two-prison solution are out of step with new facts on the ground: there can be no going back to fake solutions and negotiations; it is time for a final push to real freedom and statehood. They can join other Palestinians, and internationals, in their demand for a secular, democratic state in Mandate Palestine with equality for all or they can walk into the dustbin of history.

Haidar Eid is an independent political commentator and activist residing in Gaza.

UN to investigate Israel over Gaza bombs

February 12, 2009
(Wednesday 11 February 2009)

UNITED Nations secretary-general Ban Ki Moon ordered an investigation into Israeli attacks on UN facilities in Gaza on Tuesday.

Mr Ban declared that he had initiated steps to establish a UN board of inquiry “into incidents involving death and damage at UN premises in Gaza.”

The secretary-general said that the board should start work immediately and report to him within a month.

Over 50 UN installations were damaged during the Israeli air and ground assault between December 27 and January 18.

But Amnesty International insisted that the inquiry should be much broader and include all alleged violations of international law.

Amnesty secretary-general Irene Khan called Mr Ban’s announcement welcome but insufficient.

“It is not only the victims of attacks on the UN who have a right to know why their rights were violated and who was responsible and to obtain justice and reparation,” Ms Khan observed.

She called for a “comprehensive international investigation that looks at all alleged violations of international law – by Israel, by Hamas and by other Palestinian armed groups involved in the conflict.”

Ms Khan urged the security council to support a comprehensive inquiry “that covers all attacks that may have violated the laws of war during the recent fighting in Gaza and southern Israel.”

Gaza: the world looks away

February 12, 2009

If the IDF and Hamas have breached the laws of war, they must be held to account, to set down a marker for future conflicts

On top of the dreadful casualties from Israel’s 22-day war in Gaza, we should add a further serious injury. It is longer-lasting and threatens the lives and wellbeing of very many people in the future. In the Israel/Palestine conflict, we are seeing a terrible undermining of international law and the principle that armies should adhere to minimum standards of humane behaviour, even during the heat of battle.

If they fall below this minimum, they should, according to the laws of war, be held responsible for their war crimes – first, by their own superiors or courts, but, if necessary, by other nations or international courts. This principle – of accountability, even in war – is now in a critical condition as the standards are being ignored by Gaza’s warring parties. Then, it’s being assailed afresh by pugnacious and irresponsible remarks from leaders in the region.

Both sides endangered civilian lives during the conflict, but obviously the behaviour of Israel was massively more destructive. There were reports from Amnesty International of Israeli Defence Forces units commandeering Palestinian homes, forcing families to remain in a ground-floor room while then using the property as a military operations point. In other words, Palestinian families were used as human shields or, at the very least, were exposed to quite unacceptable risk.

Hamas is also accused of using local civilians as human shields, but since this excuse was used for every Israeli attack on civilian targets, we must await objective reports on whether this allegation is true. Even more shockingly, evidence has been growing of the IDF’s use of white phosphorous shells in residential areas – a clear war crime in exposing civilians to horrendous deep-burn injuries that have shocked and bewildered burns unit doctors in Gaza’s overrun hospital wards. Moreover, as the new BBC Panorama programme on Gaza asks, was the colossal destruction of roads, houses, factories, farms and ordinary civilian infrastructure right across the Gaza Strip (creating what an Amnesty researcher called “total devastation“) an act of “wanton destruction” and therefore itself a war crime.

It is true that virtually every conflict has involved atrocious deeds and virtually every armed force, however professional, has lapsed into barbarity. Senior military figures and their apologists will regularly seek to excuse these actions as occurring in the “heat of the moment” or because of the “tremendous pressure of conflict”, but it is notable in the House of Commons that it was MPs with a military background who were most shocked by the use of white phosphorus.

It’s depressing but predictable that, as things stand, with little word from the UN security council, no one looks likely to be held responsible for the wiping out of hundreds of civilian lives in the three-week Gaza war. This abrogation of responsibility doesn’t just let down civilians in Israel and Palestine; it lets down people all over the world. And it is not just the Bush administration that won’t apply the Geneva convention in the occupied Palestinian territories.

The UK and the EU are equally collusive in Israel’s grave breaches of international law and, as human rights lawyer Phil Shiner has pointed out, have taken no action to uphold the opinion of the International Court of Justice that held the route of the wall and the settlements a complete breach of the Geneva convention. The convention requires all high contracting parties (those who have signed and ratified it) to take action to enforce it. The UK and the EU have taken no such action and, instead, plan to upgrade the EU relationship with Israel, which already extends privileged trade access in a treaty containing conditionalities on human rights which are not invoked. By failing to uphold these standards in the occupied territories, our governments are undermining the whole structure of international law.

Adding further insult to international law in the aftermath of Israel’s massive military campaign is the strident post-conflict tone. Prime minister Ehud Olmert has recently threatened a “disproportionate” response to continuing Palestinian rocket attacks – precisely what international humanitarian law forbids and what Israel already stands accused of having engaged in.

The international criminal court’s prosecutor Luis Moreno-Ocampo recently confirmed that he is assessing whether the court has jurisdiction over war crimes committed in Gaza. But, in fact, the right way forward is for the security council to fulfil the role envisaged for it when the international criminal court was set up. It was anticipated that some international crimes would not be dealt with when the suspects were from states not party to the Rome Statute.

Instead of establishing ad hoc tribunals, as in Rwanda and former Yugoslavia, it was provided that the security council should have power to refer cases to the ICC. This was done in the case of Darfur and surely should be done in the case of Gaza.

Last November, I saw for myself the damage wrought by Israel’s 19-month blockade of Gaza, and with this battered territory now a scene of almost biblical destruction, of course I understand that humanitarian aid and reconstruction are a priority.

However, the UN security council shouldn’t turn a blind eye to wanton destruction and war crimes either. ICC cases against Israel and Hamas will prove explosive, but it’s my firm belief that it will also set down a marker for future conflict in the Middle East, as well as more widely in the world – from Sri Lanka to Burma to Zimbabwe.

Gilad Shalit: The Grand Illusion

February 11, 2009

Gilad Atzmon, Palestine Think Tank

Feb 10, 2009

A Discourse Analysis

A few days ago, Noam Shalit, the ‘father of’ slammed the Hamas for holding his son for no real reason. Miraculously, he managed to forget the fact that his son Gilad was actually a combatant soldier who served as a post guard in a concentration camp and was captured in a fortress bunker overlooking Gaza.

Father Shalit called upon Hamas to: “stop holding us as hostages of the symbols of yesterday’s wars”. He also claimed that the Hamas is engaged in no less than ‘imaginary resistance’. Seemingly, these are some very bold statements from a father who is supposed to be very concerned with his son’s fate.

Gilad Shalit saga is no doubt an exemplary case-study of Israeli identity. In spite of the fact that Gilad Shailt is a soldier who was directly involved in the Israeli military crime against a civilian population, the Israelis and Jewish lobbies around the world insist upon presenting him as an ‘innocent victim’. The leading slogan of the Shalit campaign reads ‘Gilad Shalit, Human being, JEW’. And I ask myself is he really just an ordinary a ‘human being’ as the slogan suggests or rather a chosen one as implied by the ‘Jew’ predicate? And if he is just a human being, why exactly did they add the ‘Jew’ in? What is there in the ‘Jew’ title that serves the Free Shalit campaign?

Apparently the usage of the predicates ‘Human being’ and ‘Jew’ in such a proximity is rather informative and meaningful. Within the post-holocaust Jewish and liberal discourses ‘human being’ stands for ‘innocence’ and ‘Jew’ stands for ‘victim’. Accordingly, the Shalit’ campaign slogan should be grasped as ‘FREE Gilad Shalit the innocent victim’.

One may wonder at this stage, what does it take for a combatant soldier serving as a post guard in a concentration camp to become an ‘innocent victim’? Apparently, as far as Israeli discourse is concerned, not a lot. It is really just a matter of rhetoric.

It is rather notable that within the Israeli militarized society, the soldier is elevated, his blood is precious in comparison to ordinary Jewish citizens. Israelis adore their military men and grieve every loss of their armed forces with spectacular laments. Considering the IDF being a popular army, the Israeli love of their soldiers can be realized as just another fashion of their inherent self-loving. The Israelis simply love themselves almost as much as they hate their neighbors. In Israel a death in action of an IDF combatant would receive far more attention than a death of a civilian who was subject of so called ‘terror’. Similarly, in Israel an IDF POW would gather the ultimate media attention. Ron Arad, Ehud Goldwasser and Gilad Shalit are household names in Israel, the names and faces are familiar to all Israelis and others who are interested in the conflict. Considering Israel being in a constant state of war, the collective-over caring concern for the military man is rather enigmatic or even peculiar.

Within the Israeli narrative, the soldier is grasped as an innocent being that is ‘caught’ in a war which he is doomed to fight against his will. The Israeli combatant ‘shoots and sobs’. Within the Israeli deluded mindset and historical narrative, the Israelis ‘seek peace’ and it is somehow always the ‘others’ who bring hostility and violence about. This outright self-deception is so imbued within the Israeli self image, something that allows the Israelis to launch and initiate one war after another while being totally convinced that it is always the ‘Arabs’ who attempt to throw the Israeli into the sea.

In that sense, the Israeli ‘War Against Terror’ should be realized as a battle against the terror within. The constant battle against the ‘Arabs’ is an outlet that resolves the Hebraic self-imposed anxiety which the Israeli cannot handle or even confront. In that very sense throwing white phosphorous on women, the elderly and children acts as a collective Valium pill, it brings peace to the Israeli mind, it smoothes the terror within. Killing en masse resolves the insular Israeli collective state of fear. This explains how come 94% http://news.hosuronline.com/NewsD.asp?DAT_ID=722 of the Israeli Jewish population supported the last genocide in Gaza. The consequences are devastating. The total majority of the Israeli Jews not only say NO to ‘love thy neighbor’, they actually say YES to murder in broad daylight.

In their deluded mindset the Israelis are pushed into ‘no choice’ wars ‘against their will’ in spite of the fact that they are ‘innocent victims’. In fact, this delusion or rather cognitive dissonance stands at the very core of the Israeli unethical existence. The Israeli is submerged in a self-notion of blamelessness, it is somehow always the other who carries the guilt and the fault (i). This total discrepancy between Israeli self-perception i.e., ‘innocence’ and Israeli manifested practice i.e., barbarism beyond comparison, can be realized as a severe form of detachment on the verge of collective psychosis.

The case of Shalit embodies this discrepancy very well. Time after time we are asked by Israeli officials and Jewish lobbies to show our compassion to a combatant soldier that was serving as post guard in the biggest jail in history. An American right-winger, for instance, would probably have enough decency in him not to demand our compassionate empathy towards a USA marine that was injured while serving as a post guard in Guantànamo Bay. Similarly, not many would dare demand our compassionate empathy towards a German platoon who performed a role similar to Gilad Shalit’s in an East European concentration camp in the early 1940’s. Moreover, could anyone imagine the kind of Jewish outrage that would be evoked by an imaginary campaign by a right-wing, white supremacist slogan that reads “Free Wolfgang Heim, Human Being, Aryan”?

As much as I understand Noam Shalit’s deep concerns regarding the fate of his son, I must advise him with the hope that he takes it into consideration. His son Gilad is not exactly an innocent angel. If anything, like the rest of the Israelis, he is an integral part of the Israeli continuous sin. He was a soldier in a criminal army that serves a criminal cause that launches criminal wars. I honestly suggest to Mr. Noam Shalit to consider changing his rhetoric. He should drop his righteous preaching voice and replace it with either dignity or a desperate call for Hamas’ mercy. You either acknowledge your son’s deeds and be proud of it as a nationalist militant Jew, alternatively, you may beg for Hamas’ kindness. If I were in his place, I would probably go for the second option. Noam Shalit better drop the word hostage of his vocabulary. Neither he nor his son are Hamas’ hostages. If anything they are both held hostage by a Jewish nationalist project that is going to bring the gravest disaster on the Jewish people. They are both prisoners of a criminal war against ‘thy neighbors’, the Palestinian civilian population.

Considering the crimes against humanity repeatedly committed by Israel, all that is left for the Jewish state is just rhetorical spin that indeed becomes more and more delusional and ineffective. Thus, it didn’t really take me by surprise to find out that Noam Shalit is not just a concerned parent, he is also a profound post-modernist polemicist . “Resistance against what? Against whom? ” wonders father Shalit, trying to dismiss the Palestinian cause altogether. You Hamas are taking us “hostages of symbols that at best belong to yesterday’s wars, to yesterday’s world, which has since changed beyond recognition.”

Mr. Shalit, I would like you to tell us all what has changed ‘beyond recognition’ (except the landscape of Gaza)? Please enlighten us all because as far as we can see, you yourself still live on stolen Palestinian land, making the Biblical call for plunder into a contemporary devastating reality. As far as we can see, your sons and daughters are still engaged in murderous genocidal practices as they have been for the last six decades.

Mr. Shalit, I suggest that you wake up and the sooner the better. Nothing really changed, at least not in the Israeli side. The only change I may discern is the cheering fact that you and your people do not win anymore. Yes, you manage to kill children, women and old people, yes, you have managed to drop unconventional weapons on civilians dwelling in the most populated area on this planet and yet, you fail to win the war. Your military campaigns achieve nothing except death and carnage. Your murderous genocidal actions attained nothing but exposing what the National Jewish project is all about and what the Israeli is capable of. Your imaginary power of deterrence is melting down as I write these words and Hamas rockets keep pounding Southern Israel. Yet, the Jewish state has secured itself a prominent position as the embodiment of evil. If there is a ‘change beyond recognition’ to be detected is the fact that after Gaza we all know who you are and what you stand for.


[i] Amalek, Spanish Inquisition, Nazis, Poles, Communists, Arabs, PLO, Hamas, Venezuela, Iran and now Turkey


A Call to End All Renditions

February 11, 2009

JURIST –  Forum

JURIST Contributing Editor Marjorie Cohn of Thomas Jefferson School of Law says that instead of leaving the door open for the CIA to continue to engage in the rendition of terrorism suspects to other countries so long as the process is somehow handled “humanely”, the Obama administration should end renditions altogether and prosecute those who have ordered renditions since 2001…


Binyam Mohamed, an Ethiopian residing in Britain, said he was tortured after being sent to Morocco and Afghanistan in 2002 by the U.S. government. Mohamed was transferred to Guantánamo in 2004 and all terrorism charges against him were dismissed last year. Mohamed was a victim of extraordinary rendition, in which a person is abducted without any legal proceedings and transferred to a foreign country for detention and interrogation, often tortured.

Mohamed and four other plaintiffs are accusing Boeing subsidiary Jeppesen Dataplan, Inc. of flying them to other countries and secret CIA camps where they were tortured. In Mohamed’s case, two British justices accused the Bush administration of pressuring the British government to block the release of evidence that was “relevant to allegations of torture” of Mohamed.

Twenty-five lines edited out of the court documents included details about how Mohamed’s genitals were sliced with a scalpel as well as other torture methods so extreme that waterboarding “is very far down the list of things they did,” according to a British official quoted by the Telegraph (UK).

The plaintiffs’ complaint quotes a former Jeppesen employee as saying, “We do all of the extraordinary rendition flights – you know, the torture flights.” A senior company official also apparently admitted the company transported people to countries where they would be tortured.

Obama’s Justice Department appeared before a three-judge panel of the Ninth U.S. Circuit Court of Appeals Monday in the Jeppesen lawsuit. But instead of making a clean break with the dark policies of the Bush years, the Obama administration claimed the same “state secrets” privilege that Bush used to block inquiry into his policies of torture and illegal surveillance. Claiming that the extraordinary rendition program is a state secret is disingenuous since it is has been extensively documented in the media.

“This was an opportunity for the new administration to act on its condemnation of torture and rendition, but instead it has chosen to stay the course,” said the ACLU’s Ben Wizner, counsel for the five men.

If the judges accept Obama’s state secrets claim, these men will be denied their day in court and precluded from any recovery for the damages they suffered as a result of extraordinary rendition.

Two and a half weeks before Obama’s representative appeared in the Jeppesen case, the new President had signed Executive Order 13491. It established a special task force “to study and evaluate the practices of transferring individuals to other nations in order to ensure that such practices comply with the domestic laws, international obligations, and policies of the United States and do not result in the transfer of individuals to other nations to face torture or otherwise for the purpose, or with the effect, of undermining or circumventing the commitments or obligations of the United States to ensure the humane treatment of individuals in its custody or control.”

This order prohibits extraordinary rendition. It also ensures humane treatment of persons in U.S. custody or control. But it doesn’t specifically guarantee that prisoners the United States renders to other countries will be free from cruel, inhuman or degrading treatment that doesn’t amount to torture. It does, however, aim to ensure that our government’s practices of transferring people to other countries complies with U.S. laws and policies, including our obligations under international law.

One of those laws is the International Covenant on Civil Political Rights (ICCPR), a treaty the United States ratified in 1992. Article 7 of the ICCPR prohibits the States Parties from subjecting persons “to torture or to cruel, inhuman, or degrading treatment or punishment.” The UN Human Rights Committee, which is the body that monitors the ICCPR, has interpreted that prohibition to forbid States Parties from exposing “individuals to the danger of torture or cruel, inhuman or degrading treatment or punishment upon return to another country by way of their extradition, expulsion or refoulement.”

Order 13491 also mandates, “The CIA shall close as expeditiously as possible any detention facilities that it currently operates and shall not operate any such detention facility in the future.” The order does not define “expeditiously” and the definitional section of the order says that the terms ‘detention facilities’ and ‘detention facility’ “do not refer to facilities used only to hold people on a short-term, transitory basis.” Once again, “short term” and “transitory” are not defined.

In his confirmation hearing, Attorney General Eric Holder categorically stated that the United States should not turn over an individual to a country where we have reason to believe he will be tortured. Leon Panetta, nominee for CIA director, went further last week and interpreted Order 13491 as forbidding “that kind of extraordinary rendition, where we send someone for the purposes of torture or for actions by another country that violate our human values.”

But alarmingly, Panetta appeared to champion the same standard used by the Bush administration, which reportedly engaged in extraordinary rendition 100 to 150 times as of March 2005. After September 11, 2001, President Bush issued a classified directive that expanded the CIA’s authority to render terrorist suspects to other States. Former Attorney General Alberto Gonzales said the CIA and the State Department received assurances that prisoners will be treated humanely. “I will seek the same kinds of assurances that they will not be treated inhumanely,” Panetta told the senators.

Gonzales had admitted, however, “We can’t fully control what that country might do. We obviously expect a country to whom we have rendered a detainee to comply with their representations to us . . . If you’re asking me, ‘Does a country always comply?’ I don’t have an answer to that.”

The answer is no. Binyam Mohamed’s case is apparently the tip of the iceberg. Maher Arar, a Canadian born in Syria, was apprehended by U.S. authorities in New York on September 26, 2002, and transported to Syria, where he was brutally tortured for months. Arar used an Arabic expression to describe the pain he experienced: “you forget the milk that you have been fed from the breast of your mother.” The Canadian government later exonerated Arar of any terrorist ties. In another instance, thirteen CIA operatives were arrested in Italy for kidnapping an Egyptian, Abu Omar, in Milan and transporting him to Cairo where he was tortured.

Panetta made clear that the CIA will continue to engage in rendition to detain and interrogate terrorism suspects and transfer them to other countries. “If we capture a high-value prisoner,” he said, “I believe we have the right to hold that individual temporarily to be able to debrief that individual and make sure that individual is properly incarcerated.” No clarification of how long is “temporarily” or what “debrief” would mean.

When Sen. Christopher Bond (R-Mo.) asked about the Clinton administration’s use of the CIA to transfer prisoners to countries where they were later executed, Panetta replied, “I think that is an appropriate use of rendition.” Jane Mayer, columnist for the New Yorker, has documented numerous instances of extraordinary rendition during the Clinton administration, including cases in which suspects were executed in the country to which the United States had rendered them. Once when Richard Clarke, President Clinton’s chief counter-terrorism adviser on the National Security Council, “proposed a snatch,” Vice-President Al Gore said, “That’s a no-brainer. Of course it’s a violation of international law, that’s why it’s a covert action. The guy is a terrorist. Go grab his ass.”

There is a slippery slope between ordinary rendition and extraordinary rendition. “Rendition has to end,” Michael Ratner, president of the Center for Constitutional Rights, recently told Amy Goodman on Democracy Now!: “Rendition is a violation of sovereignty. It’s a kidnapping. It’s force and violence.” Ratner queried whether Cuba could enter the United States and take Luis Posada, the man responsible for blowing up a commercial Cuban airline in 1976 and killing 73 people. Or whether the United States could go down to Cuba and kidnap Assata Shakur, who escaped a murder charge in New Jersey.

Moreover, “renditions for the most part weren’t very productive,” a former CIA official told the Los Angeles Times. After a prisoner was turned over to authorities in Egypt, Jordan or another country, the CIA had very little influence over how prisoners were treated and whether they were ultimately released.

The U.S. government should disclose the identities, fate, and current whereabouts of all persons detained by the CIA or rendered to foreign custody by the CIA since 2001. Those who ordered renditions should be prosecuted. And the special task force should recommend, and Obama should agree to, an end to all renditions.

Marjorie Cohn is a professor at Thomas Jefferson School of Law and president of the National Lawyers Guild. She is the author of Cowboy Republic: Six Ways the Bush Gang Has Defied the Law. Her new book, Rules of Disengagement: The Politics and Honor of Military Dissent (with Kathleen Gilberd), will be published in April 2009. Her articles are archived at http://www.marjoriecohn.com.

Palestinians Press for War Crimes Inquiry on Gaza

February 11, 2009
Published: February 10, 2009

THE HAGUE — The Palestinian Authority is pressing the International Criminal Court in The Hague to investigate accusations of war crimes committed by Israeli commanders during the recent war in Gaza.

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Tyler Hicks/The New York Times

A mosque in El Atatra, Gaza, that was destroyed by the Israeli military. Israel said the mosque had been used by militants.

The Palestinian minister of justice, Ali Kashan, first raised the issue during a visit to the court’s chief prosecutor late last month, and he and other officials are due back again in The Hague this week, court officials said.

Luis Moreno-Ocampo, the prosecutor, had initially said he lacked the legal basis to examine the case. But since the Palestinian Authority signed a commitment on Jan. 22 recognizing the court’s authority, the prosecutor has appeared more open to studying the Palestinian claim.

“The prosecutor has agreed to explore if he could have jurisdiction in the case,” said Béatrice Le Fraper, the director of jurisdiction for the prosecution. She cautioned that accepting jurisdiction would not automatically set off a criminal investigation. “We are still very far from any decision; this is just the beginning of a long process,” she said.

The prosecutor has received more than 200 requests to look into allegations of war crimes during the recent fighting between Israel and Hamas militants. They include accusations from individuals and organizations that Israel violated the rules of war by singling out civilians and nonmilitary buildings, and by using weapons like white phosphorus illegally.

“Quite a few groups have sent experts to the region, people doing forensic work, studying explosives and other weapons,” she said. “The prosecutor can look at all open sources at this stage.”

Should a criminal investigation begin, the prosecution would send its own investigators, who would look into possible violations by both sides. Hamas’s practice of sending rockets into southern Israel, which often landed in civilian areas, might be viewed as a violation. Israeli officials justified their offensive by saying they were trying to stop the rocket attacks.

But even as envisioned by the Palestinian Authority, the case faces numerous hurdles, specialists say.

The court here is the world’s first permanent international criminal court, created to examine war crimes, crimes against humanity and genocide. It can prosecute any citizen from the 108 countries that are currently members of the court. Individuals, governments, the United Nations Security Council or the prosecutor can initiate cases.

Israel is not a member of the court, and the Palestinian territories, not being recognized as a sovereign nation, appear not to fulfill the requirements. But as a remedy, the Palestinian Authority has taken a first step by presenting a declaration to the court, formally accepting jurisdiction for “an indeterminate duration” over acts “committed on the territory of Palestine” since July 1, 2002, when the court’s authority began.

Lawyers say such a declaration allows for joining the court on an ad hoc basis, and has been allowed before, in the case of Sierra Leone, which is not a member. But while the Palestinian declaration has been recorded at the court, its validity is far from settled. The big question, lawyers at the court say, is whether the Palestinian Authority can grant jurisdiction in any form, and if so, how that will be defined.

The issue has raised the question of whether Palestinian officials hope to obtain an implicit recognition of statehood through the court.

The court “will not use the term statehood,” said a legal expert close to the case who spoke on condition of anonymity because the issue was still being decided. “The court will avoid defining whether Palestine is a state. The decision will be only if Palestine can be admitted for the purposes of the court statute.”

The Palestinian officials visiting The Hague in the coming days are expected to try to demonstrate that they have been allowed to sign other international treaties and conventions, and can therefore be accepted as a party to the 1998 Rome treaty that founded the court.

Ms. Le Fraper, the director of jurisdiction, said her office would call on international experts to help settle such questions.

Another unknown is whether the Palestinian Authority can bring a case involving jurisdiction in Gaza. The authority is run by Fatah, but its rival faction, Hamas, has declared itself the only authority in Gaza and ousted Fatah from the territory.

More than 1,300 Palestinians died in the recent war in Gaza, many of them women and children. Israeli officials have insisted that Israel respected international law during the fighting. Israel has also said that it will investigate its attacks on United Nations schools and headquarters and the use of unlawful weapons in urban areas, including the use of white phosphorus.

Human rights groups and a number of United Nations officials have called for an independent international inquiry into actions by both sides. Human Rights Watch said such an independent effort was essential because of “Israel’s poor record of investigating and prosecuting serious violations by its forces, and the absence of any such effort by Hamas or other Palestinian groups.”

Western politicians and other critics of Israel’s recent conduct in Gaza have also said that Hamas has violated the rules of war and committed war crimes with indiscriminate rocket attacks on Israeli civilians and the use of its own civilians as human shields.

Depending on what happens at the court, Hamas’s rocket attacks and other acts viewed by some as crimes could also become part of any criminal investigation. By accepting the jurisdiction of the International Criminal Court on its territory, the Palestinian Authority has also accepted jurisdiction over any war crimes by its own residents.

“That’s the way jurisdiction works,” said a court lawyer. “The Palestinians know that and have taken that risk.”