GAZA CITY – We are a delegation of 8 American lawyers, members of the National Lawyers Guild in the United States, who have come here to the Gaza Strip to assess the effects of the recent attacks on the people, and to determine what, if any, violations of international law occurred and whether U.S. domestic law has been violated as a consequence. We have spent the last five days interviewing communities particularly impacted by the recent Israeli offensive, including medical personnel, humanitarian aid workers and United Nations representatives. In particular, the delegation examined three issues: 1) targeting of civilians and civilian infrastructure; 2) illegal use of weapons and 3) blocking of medical and humanitarian assistance to civilians.
Targeting of Civilians and Civilian Infrastructure
Much of the debate surrounding Israel’s aerial and ground offensive against Gaza has centered on whether or not Israel observed principles of proportionality and distinction. The debate suggests that Israel targeted Hamas i.e., its military installations, its leaders, and its militants, and in the process of its discrete military exercise it inadvertently killed Palestinian civilians. While we have found evidence that Palestinian civilians were victims of excessive force and collateral damage, we have also found troubling instances of Palestinian civilians being targets themselves.
The delegation recorded numerous accounts of Israeli soldiers shooting civilians, including women, children, and the elderly, in the head, chest, and stomach. Another common narrative described Israeli forces rounding civilians into a single location i.e., homes, schools which Israeli tanks or warplanes then shelled. Israeli forces continued to shoot at civilians fleeing the targeted structures.
We spoke to Khaled Abed Rabbo, who witnessed an Israeli soldier execute his 2-year-old and 7-year-old daughters, and critically injure a third daughter, Samar, 4-years old, on a sunny afternoon outside his home. Two other Israeli soldiers were standing nearby eating chips and chocolates at the time on January 7, 2009. Abed Rabbo recounts standing in front of the Israeli soldiers with his mother, wife and daughters for 5 – 7 minutes before one of the soldiers opened fire on his family.
We spoke to Ibtisam al-Sammouni, 31, and a resident of Zaytoun neighborhood in Gaza City. On January 4th, the Israeli army forced approximately 110 of Zaytoun’s residents into Ibtisam’s home. At approximately 7 am on January 5th, the Israeli military launched two tank shells at the house without warning killing two of Ibtisam’s children: Rizka, 14 and Faris, 12. When the survivors attempted to flee Israeli forces shot at them. Her son Abdullah, 7, was injured in the shelling and remained in the home among his deceased siblings for four days before Israeli forces permitted medical personnel into Zaytoun to rescue them. After medical personnel removed the injured persons, an Israeli war plane destroyed the house and it crumbled over the lifeless bodies. The dead remained beneath the rubble for 17 days before the Israeli Army permitted medical personnel to remove their bodies for burial.
We spoke to the family of Rouhiya al-Najjar, 47, who lived in Khoza’a, Khan Younis. Israeli forces ordered her neighborhoods residents to march to the city center. Rouhiya led 20 women out of her home and into the alley. They all carried white scarves. Upon entering the alley, an Israeli sniper shot Rouhiya in her left temple killing her instantly. Israeli forces prevented medical personnel from reaching her body for twelve hours. These are only some of the accounts that we’ve collected.
Israeli forces also destroyed numerous buildings throughout the Gaza Strip during the recent incursion. Guild delegates viewed the remains of hundreds of demolished homes and businesses – in addition to the remains of the American School in Gaza, damaged medical centers, and the charred innards of UNRWA warehouses. While in situations of armed conflict, collateral damage and mistakes can occur, the circumstances surrounding the cases that the delegation investigated indicate deliberate targeting rather than collateral damage or mistake. Specifically:
The American School at Gaza, which was hit with two F-16 missiles on January 3, 2009, killing the watch guard on duty. According to Ribhi Salem, the school’s director, the Israelis gave no warnings. Mr. Salem stated that the school had come to an agreement with resistance groups not to use school grounds and there had never been resistance activity on the property.
United Nations Relief and Works Agency (UNRWA)
John Ging, the Director of Gaza Operations for UNRWA reported that Israeli forces fired missiles at UNRWA schools in Gaza City, Jabalyia and Bet Lahiya. The United Nation compound in Gaza city was also hit with white phosphorous shells and missiles. Ging noted that al United Nations buildings and vehicles all fly UN flags, are marked in blue paint from the top, and that during hostilities the UN personnel remained in constant contact with Israeli authorities.
Misuse of Weapons
Our delegation has heard allegations of the use of DIME (Dense Inert Metal Explosive) weaponry, white phosphorus and other possible weapons whose use in civilian areas is prohibited. We have also heard of the use of prohibited weapons, such as flachettes. We have found our own evidence of the use of flachette shells, which we will combine with evidence collected by Amnesty International to push for further investigation. We have not found any conclusive evidence of the use of DIME, though we believe that this warrants further investigation and disclosure by the Israeli military.
Our findings overwhelmingly point to the use of conventional weapons in a prohibited manner, specifically, the use of battlefield weaponry in densely populated civilian areas. Customary international law forbids the use of weapons calculated to cause unnecessary suffering. We found evidence that Israel used white phosphorus in extensively throughout its three-week offensive in a manner that led to numerous deaths and injuries. For example, Sabah Abu Halima, 45, lived in Beit Lahiya with her husband, seven boys, and one girl. It was midday and she and her entire family was home. Within minutes she felt her home shaking and missiles fell through the rooftop. She fell to the ground upon impact. When she looked up she saw her children burning.
Preventing Access to Medical and Humanitarian Aid
Under customary international humanitarian law, the wounded are protected persons and must receive the medical care and attention required by their conditions, to the fullest extent practicable and with the least possible delay. Parties to a conflict are required to ensure the unhindered movement of medical personnel and ambulances to carry out their duties and of wounded persons to access medical care. Speaking to medical workers and the family of victims, NLG delegates documented serious violations of this provision. Among the stories documented include:
Zaytoun neighborhood, which came under attack and invasion by ground foces on January 3, 2009. The Palestinian Red Crescent received 145 calls from Zaytoun for help, but were denied entry by Israel. Bashar Ahmed Murad, Director of Emergency Medical Services for the Palestinian Red Crescent Society told us that “a lot of people could have been saved, but hey weren’t given medical care by the Israelis, nor did the Israeli army allow Palestinian medical services in.” When paramedics were finally allowed to enter on January 7, Israeli forces only gave them a 3-hour “lull” to work and prohibited ambulances into the area. Instead they forced paramedics park the ambulances 2 kilometers away and enter the area on foot. Murad told delegation members how they had to pile the wounded on donkey carts and have the medical workers pull the carts in order to help the most people possible in the short time they were given. After the 3 hours were over, the
Israeli army started shooting toward the ambulances. The Red Crescent was not able to reach that area again to evacuate the dead until January 17, 2009 when the Israeli army pulled out.
Al-Shurrab Family
On January 16th, Israeli forces shot at the jeep of Mohammed Shurrab, 64 years of age, and two of his sons, Kassab and Ibrahim, aged 28 and 18 as they were returning from their fields. Mohammad was shot in the left arm and Ibrahim was shot in the leg. The elder son, Kassab, sustained a fatal bullet wound to the chest, being shot multiple times after being ordered out of the car. Mohammad, bleeding from his wound, contacted the media, the International Committee of the Red Cross, and a number of NGOs via mobile phone in order to acquire medical assistance. Israeli forces denied medical relief agencies clearance to reach them until almost 24 hours after Mohammad, Ibrahim and Kassab had been shot. Earlier that morning, Ibrahim had succumbed to his wound and died. Mohammad Shurrab and his sons were shot during a so-called “lull” in Israeli ground operations, which Israeli forces had agreed to in order to allow humanitarian relief to enter and be
distributed in the Gaza Strip. As such NLG delegates fail to see how this denial of medical access to the wounded Shurrab family could have been absolutely necessary and not simply arbitrary.
International humanitarian law also prohibits attacks on medical personnel, medical units and medical transports exclusively assigned to carry out medical functions. Delegate members saw ambulances seriously damaged and destroyed, some apparenly deliberately crushed by Israeli tanks. The Palestinian Red Crescent Society and the Palestinian Ministry of Health informed delegates that 15 Palestinian medics were killed and 21 injured in the course of Israel’s assualt.
Conclusions
This delegation is seriously concerned by our initial findings. We have found strong indications of violations of the laws of war and possible war crimes committed by Israel in the Gaza Strip. We are particularly concerned that most of the weapons that were found used in the December 27 assualt on Gaza are US-made and supplied. We believe that Israel’s use of these weapons may constitute a violation of US law, and particularly the Foreign Assistance Act and the US Arms Export Control Act.
A report of our initial findings will be compiled and submitted to, among others, members of the United States Congress. We intend to push for an investigation by the United States government into possible violations by Israel of US law. We also hope to contribute our finding and efforts to other efforts by local and international lawyers to push for accountability against those found responsible for the egregious crimes that we have documented.
Members of the Legal Delegation
Huwaida Arraf (New York, Washington DC)
huwaida.arraf@gmail.com
Palestine: 0599-130-426
USA: 1-202-294-8813
Noura Erekat (Washington DC)
noo194@yahoo.com
Palestine:
USA: 1-510-847-4239
James Marc Leas (Vermont)
jolly39@gmail.com
Palestine:
USA: 1-802 864-1575 and 1-802 734-8811(cell)
Linda Mansour (Ohio)
Lindamansour@aol.com
Palestine:
USA: 1-419-535-7100 and 1-419-283-8281 (cell)
Rose Mishaan (California)
roseindigo7@gmail.com
Palestine:
USA: 1-917-803-2201
Thomas Nelson (Oregon)
nelson@thnelson.com
Palestine:
USA: 1-503-709-6397
Radhika Sainath (California)
radhika.sainath@gmail.com
Palestine:
USA: 1-917-669-6903
Reem Salahi (California)
reemos@gmail.com
Palestine:
USA: 1-510-225-8880
How Do People Keep Going in Gaza?
February 10, 2009What Americans Can’t See About Gaza
Kathy Kelly | Counterpunch, Feb 10, 2009
People have asked me, since I returned from Gaza, how people manage? How do they keep going after being traumatized by bombing and punished by a comprehensive state of siege? I wonder myself. I know that whether the loss of life is on the Gazan or the Israeli side of the border, bereaved survivors feel the same pain and misery. On both sides of the border, I think children pull people through horrendous and horrifying nightmares. Adults squelch their panic, cry in private, and strive to regain semblances of normal life, wanting to carry their children through a precarious ordeal.
And the children want to help their parents. In Rafah, the morning of January 18th, when it appeared there would be at least a lull in the bombing, I watched children heap pieces of wood on plastic tarps and then haul their piles toward their homes. The little ones seemed proud to be helping their parents recover from the bombing. I’d seen just this happy resilience among Iraqi children, after the 2003 Shock and Awe bombing, as they found bricks for their parents to use for a makeshift shelter in a bombed military base.
Children who survive bombing are eager to rebuild. They don’t know how jeopardized their lives are, how ready adults are to bomb them again.
In Rafah, that morning, an older man stood next to me, watching the children at work. “You see,” he said, looking upward as an Israeli military surveillance drone flew past, “if I pick up a piece of wood, if they see me carrying just a piece of wood, they might mistake it for a weapon, and I will be a target. So these children collect the wood.”
While the high-tech drone collected information,– “intelligence” that helps determine targets for more bombing, –toddlers collected wood. Their parents, whose homes were partially destroyed, needed the wood for warmth at night and for cooking. Because of the Israeli blockade against Gaza, there wasn’t any gas.
With the border crossing at Rafah now sealed again, people who want to obtain food, fuel, water, construction supplies and goods needed for everyday life will have to rely, increasingly, on the damaged tunnel industry to import these items from the Egyptian side of the border. Israel’s government says that Hamas could use the tunnels to import weapons, and weapons could kill innocent civilians, so the Israeli military has no choice but to bomb the neighborhood built up along the border, as they have been doing.
Suppose that the U.S. weapon makers had to use a tunnel to deliver weapons to Israel. The U.S. would have to build a mighty big tunnel to accommodate the weapons that Boeing, Raytheon, Lockheed Martin and Caterpillar have supplied to Israel. The size of such a tunnel would be an eighth wonder of the world, a Grand Canyon of a tunnel, an engineering feat of the ages.
Think of what would have to come through.
Imagine Boeing’s shipments to Israel traveling through an enormous underground tunnel, large enough to accommodate the wingspans of planes, sturdy enough to allow passage of trucks laden with missiles. According to UK’s Indymedia Corporate Watch, 2009, Boeing has sent Israel 18 AH-64D Apache Longbow fighter helicopters, 63 Boeing F15 Eagle fighter planes, 102 Boeing F16 Eagle fighter planes, 42 Boeing AH-64 Apache fighter helicopters, F-16 Peace Marble II & III Aircraft, 4 Boeing 777s, and Arrow II interceptors, plus IAI-developed arrow missiles, and Boeing AGM-114 D Longbow Hellfire missiles,
In September of last year, the U.S. government approved the sale of 1,000 Boeing GBU-9 small diameter bombs to Israel, in a deal valued at up to 77 million.
Now that Israel has dropped so many of those bombs on Gaza, Boeing shareholders can count on more sales, more profits, if Israel buys new bombs from them from them. Perhaps there are more massacres in store. It would be important to maintain the tunnel carefully.
Raytheon, one of the largest U.S. arms manufacturers, with annual revenues of around $20 billion, is one of Israel’s main suppliers of weapons. In September last year, the US Defense Security Cooperation Agency approved the sale of Raytheon kits to upgrade Israel’s Patriot missile system at a cost of $164 million. Raytheon would also use the tunnel to bring in Bunker Buster bombs as well as Tomahawk and Patriot missiles.
Lockheed Martin is the world’s largest defense contractor by revenue, with reported sales, in 2008, of $42.7 billion. Lockheed Martin’s products include the Hellfire precision-guided missile system, which has reportedly been used in the recent Gaza attacks. Israel also possesses 350 F-16 jets, some purchased from Lockheed Martin.
Think of them coming through the largest tunnel in the world.
Maybe Caterpillar Inc. could help build such a tunnel. Caterpillar Inc., the world’s largest manufacturer of construction (and destruction) equipment, with more than $30 billion in assets, holds Israel’s sole contract for the production of the D9 military bulldozer, specifically designed for use in invasions of built-up areas. The U.S. government buys Caterpillar bulldozers and sends them to the Israeli army as part of its annual foreign military assistance package. Such sales are governed by the US Arms Export Control Act, which limits the use of U.S. military aid to “internal security” and “legitimate self defense” and prohibits its use against civilians.
Israel topples family houses with these bulldozers to make room for settlements. All too often, they topple them on the families inside. American peace activist Rachel Corrie was crushed to death standing between one of these bulldozers and a Palestinian doctor’s house.
In truth, there’s no actual tunnel bringing U.S. made weapons to Israel. But the transfers of weapons and the U.S. complicity in Israel’s war crimes are completely invisible to many U.S. people.
The United States is the primary source of Israel’s arsenal. For more than 30 years, Israel has been the largest recipient of U.S. foreign assistance and since 1985 Israel has received about 3 billion dollars, each year, in military and economic aid from the U.S. (“U.S. and Israel Up in Arms,” Frida Berrigan, Foreign Policy in Focus, January 17, 2009)
So many Americans can’t even see this flood of weapons, and what it means, for us, for Gaza’s and Israel’s children, for the world’s children.
And so, people in Gaza have a right to ask us, how do you manage? How do you keep going? How can you sit back and watch while your taxes pay to massacre us? If it would be wrong to send rifles and bullets and primitive rockets into Gaza, weapons that could kill innocent Israelis, then isn’t it also wrong to send Israelis the massive arsenal that has been used against us, killing over 400 of our children, in the past six weeks, maiming and wounding thousands more?
But, standing over the tunnels in Rafah, that morning, under a sunny Gazan sky, hearing the constant droning buzz of mechanical spies waiting to call in an aerial bombardment, no one asked me, an American, those hard questions. The man standing next to me pointed to a small shed where he and others had built a fire in an ash can. They wanted me to come inside, warm up, and receive a cup of tea.
Kathy Kelly, a co-coordinator of Voices for Creative Nonviolence, is writing from Arish, a town near the Rafah border between Egypt and Gaza. Bill Quigley, a human rights lawyer and law professor at Loyola New Orleans and Audrey Stewart are also in Egypt and contributed to this article. Kathy Kelly is the author of Other Lands Have Dreams (published by CounterPunch/AK Press). Her email is kathy@vcnv.org
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Tags:American weapons, children, Gaza, Israeli blockade against Gaza, Israeli military, massacres, Rafah, tunnels
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