Archive for the ‘War Criminals’ Category

How Do People Keep Going in Gaza?

February 10, 2009

What 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

US Senator Leahy Seeks Bush-Era ‘Truth Commission’

February 10, 2009

by Randall Mikkelsen

WASHINGTON – A U.S. “truth commission” should investigate Bush administration policies including the promotion of war in Iraq, detainee treatment and wiretapping without a warrant, an influential senator proposed on Monday.

[US President Barack Obama gave a cool welcome to a proposal from Democratic Senator Pat Leahy, seen here at the US Capitol, for a "truth commission" to probe alleged abuses under George W. Bush -- but did not rule out possible prosecutions for wrongdoing. (AFP/Getty Images/File/Alex Wong)]US President Barack Obama gave a cool welcome to a proposal from Democratic Senator Pat Leahy, seen here at the US Capitol, for a “truth commission” to probe alleged abuses under George W. Bush — but did not rule out possible prosecutions for wrongdoing. (AFP/Getty Images/File/Alex Wong)

Democratic Senator Patrick Leahy, chairman of the Judiciary Committee, urged a commission as a way to heal what he called sharp political divides under former President George W. Bush and to prevent future abuses.He compared it to other truth commissions, such as one in South Africa that investigated the apartheid era.

“We need to come to a shared understanding of the failures of the recent past,” Leahy said in a speech at Georgetown University.

“Rather than vengeance, we need a fair-minded pursuit of what actually happened,” he said. “And we do that to make sure it never happens again.”

Some Republicans and intelligence officials have resisted any suggestion of broad inquiries into accusations against the Bush administration, saying it would be a distraction or weaken morale in the fight against terrorism.

“If every administration started to reexamine what every prior administration did, there would be no end to it. This is not Latin America,” the Judiciary committee’s top-ranking Republican, Senator Arlen Specter, told reporters last month.

President Barack Obama suggested shortly before he took office in January that he did not favor prosecuting Bush administration officials over their counterterrorism policies, but said he would look into “past practices.”

“What we have to focus on is getting things right in the future as opposed to looking at what we got wrong in the past,” he said.

Leahy said he had not begun to promote the truth commission idea with the Obama administration or with the Democratically controlled Congress. But he suggested it could be formed by both Congress and the White House, and said the panel must have credibility across the political spectrum.

Issues to investigate would include the Justice Department’s firings of several U.S. attorneys, which Leahy said may have been motivated by a White House aim to influence elections, policies on the treatment of terrorism suspects and other areas “where (congressional) committees were lied to.”

This included the war in Iraq, he said. “There were lies told to the American people all the way through.”

Bush has acknowledged that intelligence on Iraqi weapons programs was wrong, but said he never lied to the public about the war.

Leahy said he wanted the Defense Department investigated for filming Iraq-war protesters, which he said came “shockingly close” to the FBI’s Vietnam War-era Cointelpro operation to investigate domestic war protesters. “We fought a revolution in this country so we could protest the actions of our government,” he said.

(Editing by David Storey)

Gaza Massacre Foretold in 2005: What May Come After the Evacuation of Jewish Settlers from the Gaza Strip

February 9, 2009

A Warning from Israel

by Uri Davis and Ilan Pappe and Tamar Yaron

Global Research, February 8, 2009

Counterpunch – 2005-07-15

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We feel that it is urgent and necessary to raise the alarm regarding what may come during and after evacuation of Jewish settlers from the Gaza Strip occupied by Israel in 1967, in the event that the evacuation is implemented.

We held back on getting this statement published and circulated, seeking additional feedback from our peers. The publication in Ha’aretz (22 June 2005) quoting statements by General (Reserves) Eival Giladi, the head of the Coordination and Strategy team of the Prime Minister’s Office, motivated us not to delay publication and circulation any further. Confirming our worst fears, General (Res.) Eival Giladi went on record in print and on television to the effect that “Israel will act in a very resolute manner in order to prevent terror attacks and [militant] fire while the disengagement is being implemented” and that “If pinpoint response proves insufficient, we may have to use weaponry that causes major collateral damage, including helicopters and planes, with mounting danger to surrounding people.”

We believe that one primary, unstated motive for the determination of the government of the State of Israel to get the Jewish settlers of the Qatif (Katif) settlement block out of the Gaza Strip may be to keep them out of harm’s way when the Israeli government and military possibly trigger an intensified mass attack on the approximately one and a half million Palestinians in the Gaza Strip, of whom about half are 1948 Palestine refugees.

The scenario could be similar to what has already happened in the past – a tactic that Ariel Sharon has used many times in his military career – i.e., utilizing provocation in order to launch massive attacks.

Following this pattern, we believe that Prime Minister Ariel Sharon and Defence Minister Shaul Mofaz are considering to utilize provocation for vicious attacks in the near future on the approximately one and a half million Palestinian inhabitants of the Gaza Strip: a possible combination of intensified state terror and mass killing. The Israeli army is not likely to risk the kind of casualties to its soldiers that would be involved in employing ground troops on a large scale in the Gaza Strip. With General Dan Halutz as Chief of Staff they don’t need to. It was General Dan Halutz, in his capacity as Commander of the Israeli Air Force, who authorized the bombing of a civilian Gaza City quarter with a bomb weighing one ton, and then went on record as saying that he sleeps well and that the only thing he feels when dropping a bomb is a slight bump of the aircraft.

The initiators of this alarm have been active for many decades in the defence of human rights inside the State of Israel and beyond. We do not have the academic evidence to support our feeling, but given past behavior, ideological leanings and current media spin initiated by the Israeli government and military, we believe that the designs of the State of Israel are clear, and we submit that our educated intuition with matters pertaining to the defence of human rights has been more often correct than otherwise.

We urge all those who share the concern above to add their names to ours and urgently give this alarm as wide a circulation as possible.

Circulating and publishing this text may constitute a significant factor in deterring the Israeli government, thus protecting the Palestinian population in the Gaza Strip from this very possible catastrophe and contributing to prevent yet more war crimes from occurring.

Please sign, circulate, and publish this alarm without delay!

Please send notification of your signature to Tamar Yaron tiyaron@hazorea.org.il

WE WOULD ALSO APPRECIATE RECEIVING NOTIFICATION IF THE ALARM WAS PUBLISHED IN ANY MEDIA AND/OR IF IT WAS SENT TO A GROUP DISTRIBUTION LIST.

Uri Davis, Sakhnin, uridavis@actcom.co.il ,
Ilan Pappe, Tiv’on,
pappe@poli.haifa.ac.il , and
Tamar Yaron, Kibbutz Hazorea,
tiyaron@hazorea.org.il

What We Found in Gaza

February 9, 2009

Strong Indications of Violations of the Laws of War, U.S. Law, and War Crimes Found in the Gaza Strip

NLG Delegation

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

World needs credible body to pursue Israeli war criminals

February 7, 2009

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Khalid Amayreh | uruknet.info, 6 February, 2009

On 27th December, Israel carried out a genocidal blitzkrieg against the estimated 1.5 million Palestinian inhabitants of the Gaza Strip, using state-of-the-art of the American technology of death.

This deadly weapons used against the imprisoned Gaza inhabitants include , inter alia, F-16 war planes, equipped with all sorts of lethal missiles including bunker buster bombs, apache helicopters, white Phosphorous shells, flechette dart shells, as well as the Dense Inert Metal Explosive (DIME), a deadly weapon recently developed by the United States army to create a powerful and lethal blast over a small area.

DIME is believed to still be in the experimental stage. However, it is widely believed that Israel had received a green light from the Pentagon to use Gaza as a testing ground.

In addition, Israel used all other conventional weapons, including tank and artillery shells against densely populated neighborhoods.

According to David Halpin, a retired British surgeon and trauma specialist, the Israeli army used Gaza as a “laboratory for testing what I call weapons from hell.”

“I fear the thinking in Israel is that it is in its interests to create as much mutilation as possible to terrorize the civilian population in the hope they will turn against Hamas.” (see, Is Gaza a Testing Ground For experimental Weapons, Jonathan Cook, The Electronic Intifada, 13 January).

By the 23rd day of the criminal onslaught , when Israel halted its blitz, Gaza looked very much like a real concentration camp, with over 10,000 Palestinians dead and mutilated, including more than 300 kids mercilessly killed and five times as many kids seriously injured or maimed.

In addition, the civilian infrastructure all over the Gaza Strip was utterly destroyed. This includes apartment and public buildings, dozens of mosques, college and dorm buildings, businesses, schools, hospitals, power plants, water supply treatment facilities, UN Shelter schools, civilian police stations, farmland, and thousands of homes.

It was a no-holds-barred assault, and many older people who lived through the Second World War have likened Gaza on 18 January with the bombed-out German City of Dresden before the end of the Second World War.

The massive killing of civilians carried out by the Israeli army was done knowingly and deliberately, as Israeli soldiers were instructed not to show any mercy toward the civilian population. This explains the total annihilation of numerous entire families by bombing residential homes.

Israel claims that the offensive targeted Hamas, not the people of Gaza. However, Israeli political and military leaders as well as many intellectuals readily stretched their concept of “Hamas” to encompass virtually the entire Palestinian community in Gaza.

For example, Yaron London, a “left-leaning” Israeli intellectual and prominent media figure told reporters that “The time has come to shock the Gaza population with actions that until now have nauseated us-actions such as killing the political leadership, causing hunger and thirst in Gaza, blocking off energy sources, causing widespread destruction, and being less discriminating in the killing of civilians. There is no other choice.”

He added : “I am referring to both the population and their leadership; they are the same, because the population voted for Hamas. I can’t separate between one who voted for Hamas and a Hamas leader.”

There are actually numerous other quotations by Israeli leaders condoning and even gloating over the crimes the Israeli army has committed in Gaza.

Pornographic war crimes

Israeli officials and spokespersons don’t really deny that war crimes have been committed in Gaza. However, they try desperately to extenuate the severity and seriousness of these crimes by arguing that “things like that happen in war time,” and that “Hamas, too, committed war crimes.”

Non the less, comparing Hamas’s crimes with the holocaust-like blitz in Gaza flies in the face of the dignity of language. It is a verbal promiscuity, a sort of fornication with words.

Indeed, using Israeli crimes and Hamas’s “crimes” in the same breath would be as absurd and corrupt as equating the Nazi atrocities with the resistance in Nazi-occupied Europe.

The crimes committed in Gaza by the Israeli Defense Forces are not questionable or controversial and don’t require much efforts to ascertain them.

The factuality of these crimes, which transcend reality, is not only established by the naked physical reality, but are also further ascertained by Israel’s confused efforts to cover up these crimes.

Indeed, Israel has embarked on quiet but massive efforts to cover up the Gaza war crimes by falsifying the names the alleged war criminals who are numbered in the thousands.

On 5 February, the Israeli newspaper Ha’aretz reported that the Israeli army began removing the names and details of army officers involved in the Gaza blitz from legal documents.

“The censor’s office issued sweeping gag orders on the names of all officers who participated in the operation, fearing their identification would expose them to legal action abroad.”

http://www.xpis.ps/

Self-Defense Against Peace

February 6, 2009

Israel’s Unjust War on Gaza

By Michael Mandel | Counterpunch, Feb 5, 2009

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

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

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

To quote one Nuremberg judge:

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

So who was the aggressor here?

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

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

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

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

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

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

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

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

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

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

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

War on Gaza: Israeli Action, Not Reaction

February 5, 2009

Nicola Nasser| PEJ News, Feb 4, 2009

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

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

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

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

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

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

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

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


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

US Sold Phosphorus Shells to Israel

February 4, 2009

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

Antiwar.com

Posted February 3, 2009

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

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

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

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

GAZA: The Attrition of Reason, Memory and Morality

February 3, 2009

Les Blough, Editor | AxisofLogic, Jan 28, 2009

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

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

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

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

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

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

© Copyright 2009 by AxisofLogic.com

Editorials: Gaza: Welcome initiative by ICC

February 3, 2009

Arab News, Feb 3, 2009

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

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

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

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

Bad news from neighborhood

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