Archive for the ‘War Criminals’ Category

Gaza Killings Trigger Call for War Crimes Probe

January 14, 2009


By Thalif Deen | Inter Press Service


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Gaza: Israeli troops reveal ruthless tactics against Hamas

January 14, 2009

From
January 14, 2009

An explosion after an Israeli air strike in Rafah in the southern Gaza Strip

Israel’s soldiers appear eager to take the fight to Gaza’s den

Image :1 of 2

At the first sign of movement in the dark Gaza alleyway, Alon opened fire without hesitation. Snipers liked to operate at night, he said, and the area had been cleared of Israeli troops.

“He could have been advancing to attack,” the Israeli lieutenant explained. “We are treating everything as hostile right now. We were told not to take chances — to shoot rather than ask questions.”

Alon — he would only give his first name and rank — was part of the forces that took control of the Jabalya refugee camp in northern Gaza. It was his first day of recuperative leave out of Gaza since Israel began its ground offensive 12 days ago.

As Israel laid the groundwork for what is expected to be the third stage in its offensive, sending a stream of reservists in to support weary combat units, those soldiers on a break from the combat gave first-hand accounts of Israel’s military tactics.


“I’m not a newcomer in the army,” Alon told The Times. “Both my brothers served in combat units that saw action in Gaza. And I can say that this is the most aggressive line that we have ever taken towards fighting the Palestinians. As you say in English, the gloves were off.”

He was shocked by some of the scenes inside Gaza, describing whole neighbourhoods levelled. “It doesn’t look like we’ve been there a few weeks — it looks destroyed, demolished, like we were bombing it for years. You can’t imagine what damage we have done. We didn’t want any civilians to die, we do everything we can to make sure that Palestinian civilians there, the non-fighters, aren’t hurt. We tell them to leave the areas that we are fighting . . . but it’s not easy; what we are doing there is difficult work.”

Palestinian doctors say that more than 900 people have been killed, nearly half of them civilians, since Israel began Operation Cast Lead in Gaza on December 27. Thirteen Israelis have died, three of them civilians.

As speculation mounted over how long Israel would continue its punishing offensive, its soldiers appeared eager to take the fight to Gaza’s densely populated towns.

The troops said they had had a taste of the traps and tricks that Hamas had laid in store for them: booby-trapped houses, tunnels intended to spirit away kidnapped soldiers, militants dressed in civilian clothing — but insisted that the operation could not claim success unless Hamas was dealt a “knockout blow” by troops combing through the urban centres.

“It will expose us to more of their traps but it must be done. We have been learning, slowly circling them and moving closer in. We have them trapped now so we can’t stop.” Reporters embedded with Israeli forces in Gaza have described them as “moving slowly but shooting readily”.

In one account, tank crews leading an armoured column to the beachfront suddenly saw a person standing in an open cabana less than a mile away. The figure quickly retreated as the tanks opened fire. “There have been several attempts to use antiarmour weaponry against us, in at least one case a long-range missile,” said Lieutenant-Colonel Erez, a tank commander, giving only his first name as per standard military policy. “We have responded pre-emptively and forcefully. We also hit anyone seen trying to observe our movements.”

Lieutenant-Colonel Yehuda, whose men are situated in houses on the outskirts of Gaza City, said that it was standard practice for Israeli troops to enter suspicious buildings with bursts of shooting, to stave off a doorway attack. “In one case the building started burning but we managed to clear out our men in time,” he said.

His unit had not seen as much action as Alon’s but had fought off several attacks nonetheless, killing three gunmen who emerged from a bunker and a suspected suicide bomber who approached on a bicycle.

In another account, published in the Israeli media, the Armoured 401st Brigade convoy had left Gaza’s coast and was heading towards Israel when its commander spotted people, apparently armed, on a rooftop about 800 metres away from the road. A few days before the Israelis had dropped leaflets calling on all residents living near the road to get out.

Like Alon, Lieutenant-Colonel Yigal had little room for doubt. After checking none of his comrades were in the area — four Israeli soldiers were killed by “friendly” fire in the first days of the offensive — he gave the order and machineguns and tanks opened up.

For Alon, a return to the action cannot come fast enough. “It feels good to be winning again, to show that we are still the strongest army in the world,” he said — a reference to the 2006 Lebanon war, when confidence in the country’s forces was badly shaken by its inability to stop Hezbollah’s rocket attacks. “It was important to go in and remind them what we can do. It’s the only way to get them to stop.”

Israel may face UN court ruling on legality of Gaza conflict

January 14, 2009

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Israel Is Committing War Crimes

January 13, 2009

Hamas’s violations are no justification for Israel’s actions.

By GEORGE E. BISHARAT | The Wall Street Journal, January 10, 2009

Israel’s current assault on the Gaza Strip cannot be justified by self-defense. Rather, it involves serious violations of international law, including war crimes. Senior Israeli political and military leaders may bear personal liability for their offenses, and they could be prosecuted by an international tribunal, or by nations practicing universal jurisdiction over grave international crimes. Hamas fighters have also violated the laws of warfare, but their misdeeds do not justify Israel’s acts.

The United Nations charter preserved the customary right of a state to retaliate against an “armed attack” from another state. The right has evolved to cover nonstate actors operating beyond the borders of the state claiming self-defense, and arguably would apply to Hamas. However, an armed attack involves serious violations of the peace. Minor border skirmishes are common, and if all were considered armed attacks, states could easily exploit them — as surrounding facts are often murky and unverifiable — to launch wars of aggression. That is exactly what Israel seems to be currently attempting.

Israel had not suffered an “armed attack” immediately prior to its bombardment of the Gaza Strip. Since firing the first Kassam rocket into Israel in 2002, Hamas and other Palestinian groups have loosed thousands of rockets and mortar shells into Israel, causing about two dozen Israeli deaths and widespread fear. As indiscriminate attacks on civilians, these were war crimes. During roughly the same period, Israeli forces killed about 2,700 Palestinians in Gaza by targeted killings, aerial bombings, in raids, etc., according to the Israeli human rights group B’Tselem.

But on June 19, 2008, Hamas and Israel commenced a six-month truce. Neither side complied perfectly. Israel refused to substantially ease the suffocating siege of Gaza imposed in June 2007. Hamas permitted sporadic rocket fire — typically after Israel killed or seized Hamas members in the West Bank, where the truce did not apply. Either one or no Israelis were killed (reports differ) by rockets in the half year leading up to the current attack.

Israel then broke the truce on Nov. 4, raiding the Gaza Strip and killing a Palestinian. Hamas retaliated with rocket fire; Israel then killed five more Palestinians. In the following days, Hamas continued rocket fire — yet still no Israelis died. Israel cannot claim self-defense against this escalation, because it was provoked by Israel’s own violation.

An armed attack that is not justified by self-defense is a war of aggression. Under the Nuremberg Principles affirmed by U.N. Resolution 95, aggression is a crime against peace.

Israel has also failed to adequately discriminate between military and nonmilitary targets. Israel’s American-made F-16s and Apache helicopters have destroyed mosques, the education and justice ministries, a university, prisons, courts and police stations. These institutions were part of Gaza’s civilian infrastructure. And when nonmilitary institutions are targeted, civilians die. Many killed in the last week were young police recruits with no military roles. Civilian employees in the Hamas-led government deserve the protections of international law like all others. Hamas’s ideology — which employees may or may not share — is abhorrent, but civilized nations do not kill people merely for what they think.

Deliberate attacks on civilians that lack strict military necessity are war crimes. Israel’s current violations of international law extend a long pattern of abuse of the rights of Gaza Palestinians. Eighty percent of Gaza’s 1.5 million residents are Palestinian refugees who were forced from their homes or fled in fear of Jewish terrorist attacks in 1948. For 60 years, Israel has denied the internationally recognized rights of Palestinian refugees to return to their homes — because they are not Jews.

Although Israel withdrew its settlers and soldiers from Gaza in 2005, it continues to tightly regulate Gaza’s coast, airspace and borders. Thus, Israel remains an occupying power with a legal duty to protect Gaza’s civilian population. But Israel’s 18-month siege of the Gaza Strip preceding the current crisis violated this obligation egregiously. It brought economic activity to a near standstill, left children hungry and malnourished, and denied Palestinian students opportunities to study abroad.

Israel should be held accountable for its crimes, and the U.S. should stop abetting it with unconditional military and diplomatic support.

George E. Bisharat is a professor at Hastings College of the Law in San Francisco.

Video Report From Inside Gaza

January 13, 2009

A Scene Of Devastation

Video Report From Inside Gaza

Al Jazeera’s Ayman Mohyeldin reports on the public who are struggling to cope under the bombardment in Gaza.

Information Clearing House

Posted January 12, 2009

Click on “comments” below to read or post comments

The Blood-Stained Monster Enters Gaza

January 13, 2009

URI AVNERY investigates how Israel’s propaganda has conned its own leadership.

By Uri Avnery | Counterpunch, January 12, 2009

Nearly seventy ago, in the course of World War II, a heinous crime was committed in the city of Leningrad. For more than a thousand days, a gang of extremists called “the Red Army” held the millions of the town’s inhabitants hostage and provoked retaliation from the German Wehrmacht from inside the population centers. The Germans had no alternative but to bomb and shell the population and to impose a total blockade, which caused the death of hundreds of thousands.

Some time before that, a similar crime was committed in England. The Churchill gang hid among the population of London, misusing the millions of citizens as a human shield. The Germans were compelled to send their Luftwaffe and reluctantly reduce the city to ruins. They called it the Blitz.

This is the description that would now appear in the history books – if the Germans had won the war.

Absurd? No more than the daily descriptions in our media, which are being repeated ad nauseam: the Hamas terrorists use the inhabitants of Gaza as “hostages” and exploit the women and children as “human shields”, they leave us no alternative but to carry out massive bombardments, in which, to our deep sorrow, thousands of women, children and unarmed men are killed and injured.

* * *

IN THIS WAR, as in any modern war, propaganda plays a major role. The disparity between the forces, between the Israeli army – with its airplanes, gunships, drones, warships, artillery and tanks – and the few thousand lightly armed Hamas fighters, is one to a thousand, perhaps one to a million. In the political arena the gap between them is even wider. But in the propaganda war, the gap is almost infinite.

Almost all the Western media initially repeated the official Israeli propaganda line. They almost entirely ignored the Palestinian side of the story, not to mention the daily demonstrations of the Israeli peace camp. The rationale of the Israeli government (“The state must defend its citizens against the Qassam rockets”) has been accepted as the whole truth. The view from the other side, that the Qassams are a retaliation for the siege that starves the one and a half million inhabitants of the Gaza Strip, was not mentioned at all.

Only when the horrible scenes from Gaza started to appear on Western TV screens, did world public opinion gradually begin to change.

True, Western and Israeli TV channels showed only a tiny fraction of the dreadful events that appear 24 hours every day on Aljazeera’s Arabic channel, but one picture of a dead baby in the arms of its terrified father is more powerful than a thousand elegantly constructed sentences from the Israeli army spokesman. And that is what is decisive, in the end.

War – every war – is the realm of lies. Whether called propaganda or psychological warfare, everybody accepts that it is right to lie for one’s country. Anyone who speaks the truth runs the risk of being branded a traitor.

The trouble is that propaganda is most convincing for the propagandist himself. And after you convince yourself that a lie is the truth and falsification reality, you can no longer make rational decisions.

An example of this process surrounds the most shocking atrocity of this war so far: the shelling of the UN Fakhura school in Jabaliya refugee camp.

Immediately after the incident became known throughout the world, the army “revealed” that Hamas fighters had been firing mortars from near the school entrance. As proof they released an aerial photo which indeed showed the school and the mortar. But within a short time the official army liar had to admit that the photo was more than a year old. In brief: a falsification.

Later the official liar claimed that “our  soldiers were shot at from inside the school”. Barely a day passed before the army had to admit to UN personnel that that was a lie, too. Nobody had shot from inside the school, no Hamas fighters were inside the school, which was full of terrified refugees.

But the admission made hardly any difference anymore. By that time, the Israeli public was completely convinced that “they shot from inside the school”, and TV announcers stated this as a simple fact.

So it went with the other atrocities. Every baby metamorphosed, in the act of dying, into a Hamas terrorist. Every bombed mosque instantly became a Hamas base, every apartment building an arms cache, every school a terror command post, every civilian government building a “symbol of Hamas rule”. Thus the Israeli army retained its purity as the “most moral army in the world”.

* * *

THE TRUTH is that the atrocities are a direct result of the war plan. This reflects the personality of Ehud Barak – a man whose way of thinking and actions are clear evidence of what is called “moral insanity”, a sociopathic disorder.

The real aim (apart from gaining seats in the coming elections) is to terminate the rule of Hamas in the Gaza Strip. In the imagination of the planners, Hamas is an invader which has gained control of a foreign country. The reality is, of course, entirely different.

The Hamas movement won the majority of the votes in the eminently democratic elections that took place in the West Bank, East Jerusalem and the Gaza Strip. It won because the Palestinians had come to the conclusion that Fatah’s peaceful approach had gained precisely nothing from Israel – neither a freeze of the settlements, nor release of the prisoners, nor any significant steps toward ending the occupation and creating the Palestinian state. Hamas is deeply rooted in the population – not only as a resistance movement fighting the foreign occupier, like the Irgun and the Stern Group in the past – but also as a political and religious body that provides social, educational and medical services.

From the point of view of the population, the Hamas fighters are not a foreign body, but the sons of every family in the Strip and the other Palestinian regions. They do not “hide behind the population”, the population views them as their only defenders.

Therefore, the whole operation is based on erroneous assumptions. Turning life into living hell does not cause the population to rise up against Hamas, but on the contrary, it unites behind Hamas and reinforces its determination not to surrender. The population of Leningrad did not rise up against Stalin, any more than the Londoners rose up against Churchill.

He who gives the order for such a war with such methods in a densely populated area knows that it will cause dreadful slaughter of civilians. Apparently that did not touch him. Or he believed that “they will change their ways” and “it will sear their consciousness”, so that in future they will not dare to resist Israel.

A top priority for the planners was the need to minimize casualties among the soldiers, knowing that the mood of a large part of the pro-war public would change if reports of such casualties came in. That is what happened in Lebanon Wars I and II.

This consideration played an especially important role because the entire war is a part of the election campaign. Ehud Barak, who gained in the polls in the first days of the war, knew that his ratings would collapse if pictures of dead soldiers filled the TV screens.

Therefore, a new doctrine was applied: to avoid losses among our soldiers by the total destruction of everything in their path. The planners were not only ready to kill 80 Palestinians to save one Israeli soldier, as has happened, but also 800. The avoidance of casualties on our side is the overriding commandment, which is causing record numbers of civilian casualties on the other side.

That means the conscious choice of an especially cruel kind of warfare – and that has been its Achilles heel.

A person without imagination, like Barak (his election slogan: “Not a Nice Guy, but a Leader”) cannot imagine how decent people around the world react to actions like the killing of whole extended families, the destruction of houses over the heads of their inhabitants, the rows of boys and girls in white shrouds ready for burial, the reports about people bleeding to death over days because ambulances are not allowed to reach them, the killing of doctors and medics on their way to save lives, the killing of UN drivers bringing in food. The pictures of the hospitals, with the dead, the dying and the injured lying together on the floor for lack of space, have shocked the world. No argument has any force next to an image of a wounded little girl lying on the floor, twisting with pain and crying out: “Mama! Mama!”

The planners thought that they could stop the world from seeing these images by forcibly preventing press coverage. The Israeli journalists, to their shame, agreed to be satisfied with the reports and photos provided by the Army Spokesman, as if they were authentic news, while they themselves remained miles away from the events. Foreign journalists were not allowed in either, until they protested and were taken for quick tours in selected and supervised groups. But in a modern war, such a sterile manufactured view cannot completely exclude all others – the cameras are inside the strip, in the middle of the hell, and cannot be controlled. Aljazeera broadcasts the pictures around the clock and reaches every home.

* * *

THE BATTLE for the TV screen is one of the decisive battles of the war.

Hundreds of millions of Arabs from Mauritania to Iraq, more than a billion Muslims from Nigeria to Indonesia see the pictures and are horrified. This has a strong impact on the war. Many of the viewers see the rulers of Egypt, Jordan and the Palestinian Authority as collaborators with Israel in carrying out these atrocities against their Palestinian brothers.

The security services of the Arab regimes are registering a dangerous ferment among the peoples. Hosny Mubarak, the most exposed Arab leader because of his closing of the Rafah crossing in the face of terrified refugees, started to pressure the decision-makers in Washington, who until that time had blocked all calls for a cease-fire. These began to understand the menace to vital American interests in the Arab world and suddenly changed their attitude – causing consternation among the complacent Israeli diplomats.

People with moral insanity cannot really understand the motives of normal people and must guess their reactions. “How many divisions has the Pope?” Stalin sneered. “How many divisions have people of conscience?” Ehud Barak may well be asking.

As it turns out, they do have some. Not numerous. Not very quick to react. Not very strong and organized. But at a certain moment, when the atrocities overflow and masses of protesters come together, that can decide a war.

THE FAILURE to grasp the nature of Hamas has caused a failure to grasp the predictable results. Not only is Israel unable to win the war, Hamas cannot lose it.

Even if the Israeli army were to succeed in killing every Hamas fighter to the last man, even then Hamas would win. The Hamas fighters would be seen as the paragons of the Arab nation, the heroes of the Palestinian people, models for emulation by every youngster in the Arab world. The West Bank would fall into the hands of Hamas like a ripe fruit, Fatah would drown in a sea of contempt, the Arab regimes would be threatened with collapse.

If the war ends with Hamas still standing, bloodied but unvanquished, in face of the mighty Israeli military machine, it will look like a fantastic victory, a victory of mind over matter.

What will be seared into the consciousness of the world will be the image of Israel as a blood-stained monster, ready at any moment to commit war crimes and not prepared to abide by any moral restraints. This will have severe consequences for our long-term future, our standing in the world, our chance of achieving peace and quiet.

In the end, this war is a crime against ourselves too, a crime against the State of Israel.

Uri Avnery is an Israeli writer and peace activist with Gush Shalom. He is a contributor to CounterPunch’s book The Politics of Anti-Semitism.

UN Rights Council Condemns Israeli Offensive in Gaza

January 13, 2009

GENEVA – A divided UN Human Rights Council voted on Monday to condemn Israel’s offensive in the Gaza Strip and set up a probe into “grave” human rights violations by Israeli forces against the Palestinians.

[United Nations Relief and Works Agency (UNRWA) employees hold a U.N. flag stained with red paint during a protest in the West Bank city of Hebron against Israel's offensive in Gaza January 12, 2009. (Reuters/Nayef Hashlamoun/West Bank)]United Nations Relief and Works Agency (UNRWA) employees hold a U.N. flag stained with red paint during a protest in the West Bank city of Hebron against Israel’s offensive in Gaza January 12, 2009. (Reuters/Nayef Hashlamoun/West Bank)

The resolution setting up a fact-finding mission was adopted despite the lack of Western support.Thirty-three African, Asian, Arab and Latin American countries voted for the resolution. Thirteen mainly European states abstained, while Canada was the only country to vote against.

The 47 member council — frequently critical of Israel in the past — normally seeks to adopt resolutions by consensus.

Western countries said the text put forward by Arab and African states was too biased and failed to clearly recognise the role that rocket attacks launched by Palestinian militants played in triggering the offensive.

Last minute changes failed to overcome the differences after the special session on the violence in the Gaza Strip spilled into a second day.

The European Union’s representative said the EU could have supported some elements, but found the text too one-sided despite its concern about human rights violations in Gaza.

Israel also dismissed the resolution as biased and cast doubt on the Council’s credibility. The United States is not on the Council and steers clear of it.

The text released by the UN Council “strongly” condemned the Israeli military operation in Gaza, saying it had “resulted in massive violations” of the human rights of Palestinians.

With the toll surpassing 900, including nearly 400 women and children, according to Gaza medics, it called for “urgent international action” to halt “grave human rights violations by Israel”.

The draft resolution also called for an end to rocket attacks against Israeli civilians.

But the key contents were four overlapping probes targeting Israel.

The resolution tasked 10 UN experts on human rights and UN High Commissioner for Human Rights Navi Pillay with two separate probes into the violence.

It also set up an independent, international fact-finding mission to “investigate all violations of human rights and international humanitarian law by Israel”, while UN Secretary General Ban Ki-moon was asked to investigate the bombing of UNRWA schools in the Gaza Strip.

During the first day of the session on Friday, Pillay had warned that human rights violations in Gaza were extremely serious and some attacks that hit civilians and relief workers might warrant prosecutions for war crimes.

“Credible, independent and transparent” investigations were a first step towards ensuring accountability, she added on Friday, warning that “violations of international humanitarian law may constitute war crimes for which individual criminal responsibility may be invoked.”

Julie de Rivero of the advocacy group Human Rights Watch said lack of consensus and the resolution’s focus on Israel “undermined its credibility.”

Israel has refused to cooperate with similar fact-finding missions in the past, as well as a UN special rapporteur on the human rights of the Palestinians, complaining of bias because they fail to consider attacks on Israelis as well.

Israeli authorities last month detained and turned back the UN expert, Richard Falk, upon his arrival at Ben Gurion airport, accusing him of “legitimising Hamas terrorism.”

© 2009 AFP

Gaza is Sinking in a River of Blood: A Message from a Gazan to the World

January 13, 2009

by Mohammed Fares Al Majdalawi

I want to write about the suffering of my people and my family in these days of siege against the people of Gaza. 888 people have been killed and more than 3700 injured. The Red Cross has accused the Israeli military of repeatedly refusing to allow ambulances to go to Zeitoun area, so those who are injured become those who die; a premeditated and purposeful violation of human rights.

In my house we can’t get basic needs. No food. No bread. No fuel. No future. Yesterday, my father went to the bakery at 5 AM. He waited 5 hours to get one loaf of bread, which is not enough for my family because there are 11 of us. So today it was my turn. I went to all the bakeries — all were closed.

There is no safe place we can go. We cannot communicate with our relatives and friends — networks are down as missiles rain on our homes, mosques and even hospitals.

Our life is centered around the burials of those who have died, our martyrs, At night our camp, Jabalya Refugee Camp, is a ghost town, with no sounds other than those of Israeli military aircraft.

There is a horror in every minute and it is clear especially in the lives of children. For example, there were five sisters in one family killed from the Israeli occupation while they stayed in their home. But there are 800,000 other children in Gaza, all afraid, all waiting for someone or something to help them. They are caught in a prison that is becoming a concentration camp. Every day we sleep and open our eyes to the Israeli crimes of killing children and women and destroying civilians’ homes. My words are unable to convey my feelings about this life in Gaza.

I have two messages to the world, to those who claim they love peace and seek freedom.

Imagine your life consisting of no electricity, destroyed homes, the sounds and strikes of missiles, day and night, and the only hunger as great as that for food is the hunger for an end to this occupation and siege. Imagine it is not just you but your children and your family who tell you through their eyes and cries: “We are afraid of the missiles.” “We cannot sleep.” “We may never sleep again.” Imagine you are the dam and the river of blood has turned into a flash flood. How long could you stand it?

We wouldn’t have to stand it any longer if the world stood with us. If they demanded an end to the siege and the killings and demolition of houses for our children. If they demanded assistance reach the people through rallies and sit-ins.

Finally, I invite you to come to Gaza and see the Holocaust. Because despite the siege, the barriers, the killing of my people and homes, and the total destruction of our lives by the Israeli occupation, they can not and will not kill the will of our people for equality and justice.

Mohammed Al Majdawali is a university student, member of Al-Assria Children’s Library, and volunteer with Middle East Children’s Alliance. He lives in Jabalya Refugee Camp with his family and aspires to be a professional filmmaker.

To help MECA send more medical aid to Gaza for thousands of sick and injured people living under siege, www.mecaforpeace.org

Demands grow for Gaza war crimes investigation

January 13, 2009

Gaza conflict, day 17: Israeli reservists join the fighting and Sderot residents send their children back to school, while conditions deteriorate in Gaza Link to this video

Israel is facing growing demands from senior UN officials and human rights groups for an international war crimes investigation in Gaza over allegations such as the “reckless and indiscriminate” shelling of residential areas and use of Palestinian families as human shields by soldiers.

With the death toll from the 17-day Israeli assault on Gaza climbing above 900, pressure is increasing for an independent inquiry into specific incidents, such as the shelling of a UN school turned refugee centre where about 40 people died, as well as the question of whether the military tactics used by Israel systematically breached humanitarian law.

The UN’s senior human rights body approved a resolution yesterday condemning the Israeli offensive for “massive violations of human rights”. A senior UN source said the body’s humanitarian agencies were compiling evidence of war crimes and passing it on to the “highest levels” to be used as seen fit.

Some human rights activists allege that the Israeli leadership gave an order to keep military casualties low no matter what cost to civilians. That strategy has directly contributed to one of the bloodiest Israeli assaults on the Palestinian territories, they say.

John Ging, head of the UN Palestinian refugee agency in Gaza, said: “It’s about accountability [over] the issue of the appropriateness of the force used, the proportionality of the force used and the whole issue of duty of care of civilians.

“We don’t want to join any chorus of passing judgment but there should be an investigation of any and every incident where there are concerns there might have been violations in international law.”

The Israeli military are accused of:

• Using powerful shells in civilian areas which the army knew would cause large numbers of innocent casualties;

• Using banned weapons such as phosphorus bombs;

• Holding Palestinian families as human shields;

• Attacking medical facilities, including the killing of 12 ambulance men in marked vehicles;

• Killing large numbers of police who had no military role.

Israeli military actions prompted an unusual public rebuke from the International Red Cross after the army moved a Palestinian family into a building and shelled it, killing 30. The surviving children clung to the bodies of their dead mothers for four days while the army blocked rescuers from reaching the wounded.

Human Rights Watch has called on the UN security council to set up a commission of inquiry into alleged war crimes.

Two leading Israeli human rights organisations have separately written to the country’s attorney general demanding he investigate the allegations.

But critics remain sceptical that any such inquiry will take place, given that Israel has previously blocked similar attempts with the backing of the US.

Amnesty International says hitting residential streets with shells that send blast and shrapnel over a wide area constitutes “prima facie evidence of war crimes”.

“There has been reckless and disproportionate and in some cases indiscriminate use of force,” said Donatella Rovera, an Amnesty investigator in Israel. “There has been the use of weaponry that shouldn’t be used in densely populated areas because it’s known that it will cause civilian fatalities and casualties.

“They have extremely sophisticated missiles that can be guided to a moving car and they choose to use other weapons or decide to drop a bomb on a house knowing that there were women and children inside. These are very, very clear breaches of international law.”

Israel’s most prominent human rights organisation, B’Tselem, has written to the attorney general in Jerusalem, Meni Mazuz, asking him to investigate suspected crimes including how the military selects its targets and the killing of scores of policemen at a passing out parade.

“Many of the targets seem not to have been legitimate military targets as specified by international humanitarian law,” said Sarit Michaeli of B’Tselem.

Rovera has also collected evidence that the Israeli army holds Palestinian families prisoner in their own homes as human shields. “It’s standard practice for Israeli soldiers to go into a house, lock up the family in a room on the ground floor and use the rest of the house as a military base, as a sniper’s position. That is the absolute textbook case of human shields.

“It has been practised by the Israeli army for many years and they are doing it again in Gaza now,” she said.

While there are growing calls for an international investigation, the form it would take is less clear. The UN’s human rights council has the authority to investigate allegations of war crimes but Israel has blocked its previous attempts to do so. The UN security council could order an investigation, and even set up a war crimes tribunal, but that is likely to be vetoed by the US and probably Britain.

The international criminal court has no jurisdiction because Israel is not a signatory. The UN security council could refer the matter to the court but is unlikely to.

Benjamin Rutland, a spokesman for the Israeli military, said an international investigation of the army’s actions was not justified. “We have international lawyers at every level of the command whose job it is to authorise targeting decisions, rules of engagement … We don’t think we have breached international law in any of these instances,” he said.

George Galloway Speaks Out for Palestinians (video)

January 12, 2009
Axis of Logic, Jan 11, 2009
By George Galloway, MP
Jan 11, 2009, 20:55
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, famous British MP who stands alone against U.S./British Imperialism speaks on 8th JANUARY 2009, at a meeting with the Palestine Solidarity Campaign

STOP THE WAR ISRAEL OUT OF GAZA
@ Friends Meeting House,
173 Euston Road London NW1 2 BJ

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