By Richard Falk
The Nation, December 29, 2008
Editor’s Note: This statement was issued December 27 in response to Israel’s attack in Gaza by Professor Richard Falk, United Nations special rapporteur for human rights in the Occupied Territories and a longtime member of The Nation‘s editorial board.
The Israeli airstrikes on the Gaza Strip represent severe and massive violations of international humanitarian law as defined in the Geneva Conventions, both in regard to the obligations of an Occupying Power and in the requirements of the laws of war.
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Those violations include:
• Collective punishment: The entire 1.5 million people who live in the crowded Gaza Strip are being punished for the actions of a few militants.
• Targeting civilians: The airstrikes were aimed at civilian areas in one of the most crowded stretches of land in the world, certainly the most densely populated area of the Middle East.
• Disproportionate military response: The airstrikes have not only destroyed every police and security office of Gaza’s elected government, but have killed and injured hundreds of civilians; at least one strike reportedly hit groups of students attempting to find transportation home from the university.
Earlier Israeli actions, specifically the complete sealing off of entry and exit to and from the Gaza Strip, have led to severe shortages of medicine and fuel (as well as food), resulting in the inability of ambulances to respond to the injured, the inability of hospitals to adequately provide medicine or necessary equipment for the injured, and the inability of Gaza’s besieged doctors and other medical workers to sufficiently treat the victims.
Certainly the rocket attacks against civilian targets in Israel are unlawful. But that illegality does not give rise to any Israeli right, neither as the Occupying Power nor as a sovereign state, to violate international humanitarian law and commit war crimes or crimes against humanity in its response. I note that Israel’s escalating military assaults have not made Israeli civilians safer; to the contrary, the one Israeli killed today after the upsurge of Israeli violence is the first in over a year.
Israel has also ignored recent Hamas diplomatic initiatives to re-establish the truce or ceasefire since its expiration on 26 December.
The Israeli airstrikes today, and the catastrophic human toll that they caused, challenge those countries that have been and remain complicit, either directly or indirectly, in Israel’s violations of international law. That complicity includes those countries knowingly providing the military equipment including warplanes and missiles used in these illegal attacks, as well as those countries who have supported and participated in the siege of Gaza that itself has caused a humanitarian catastrophe.
I remind all Member States of the United Nations that the UN continues to be bound to an independent obligation to protect any civilian population facing massive violations of international humanitarian law–regardless of what country may be responsible for those violations. I call on all Member States, as well as officials and every relevant organ of the United Nations system, to move on an emergency basis not only to condemn Israel’s serious violations, but to develop new approaches to providing real protection for the Palestinian people.
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About Richard Falk
Richard Falk, professor emeritus of international law and practice at Princeton University, is the United Nations Human Rights Rapporteur in the Occupied Territories and a member of The Nation editorial board. He is the author of many books, including The Costs of War: International Law, the UN, and World Order After Iraq. more…
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In the Arab Press, Multiple Targets For Scorn
December 30, 2008The Lede, The New York Times, December 29, 2008
By Sharon OttermanA review of Arabic and English-language Web sites from the Arab world on Monday shows that gory images of destruction from the air attacks in Gaza are dominating news reports, as you would expect. The term being used nearly universally by Arab media outlets to describe the Gaza attacks is “massacre,” according to Marc Lynch, a blogger and media analyst who writes Abu Aardvark.
But there is much more to the Arab media’s reaction to the news from Gaza than just the reflexive denunciations of Israel for mounting the attacks.
Considerable attention is being paid to comments by Hassan Nasrallah, the secretary general of the Lebanese Shiite militant group Hezbollah. In a speech Sunday night, Mr. Nasrallah condemned Israel’s attack on Gaza in the harshest terms, but then pointed his finger at the governments of Egypt, Jordan and other Arab regimes that he said were conspiring with Israel against residents of Gaza.
“There is true and full collaboration between certain Arab regimes, especially those who have already signed peace deals with Israel, to crush any form of resistance,” he told thousands of Hezbollah supporters in Beirut’s southern suburbs.
Mr. Nasrallah’s comments were the main story on the Arabic-language Web site of the satellite television channel Al Arabiya and the London-based newspaper Al-Sharq al-Awsat, among others, early on Monday afternoon. (Al Arabiya’s English-language Web site also featured the comments, but gave them less prominence in English than in Arabic.)
The comments fed into Hezbollah’s ongoing narrative that it is the truest friend of the Palestinian cause, not the American-aligned governments of Egypt, Jordan, Saudi Arabia and other Arab countries, who have shown themselves once again to be unable to stop Israeli aggression.
Throughout the Arab world, in fact, the Gaza attacks are being received as a gift-wrapped package by opponents of the American-allied regimes, regardless of where the opponents fall on the political spectrum, said Steven Cook, senior fellow for Middle Eastern Studies at the Council on Foreign Relations in New York.
Al Dostor, one of the most outspoken opposition newspapers in Egypt, ran on its home page a photo-montage, with images of the bloodshed in Gaza placed on top of a picture taken in Cairo last week of the Egyptian foreign minister, Ahmed Abu Gheit, and his Israeli counterpart, Tzipi Livni. The central photo, which shows the two diplomats hand in hand, apparently was chosen to convey the idea that Israeli the attacks on Hamas, the militant Palestinian group that controls Gaza, were mounted with at least tacit Egyptian support, a charge the Egyptian regime has denied.
By contrast, the official state-run Egyptian newspaper, Al-Ahram, after calling for an end to “the Israeli killing machine,” concentrated on reporting that the Egyptian government had allowed 17 aid trucks to pass through the Rafah border crossing into Gaza.
The official Jordanian press took a similar approach of looking for hopeful developments. Al Rai, for example, reported that in Cairo, Mr. Abul Gheit and the Palestinian president, Mahmoud Abbas, met to discuss a plan for a Palestinian-Israeli cease-fire followed by an agreement for calm.
There is no love lost on Hamas in many Arab capitals, in large part because it is an ally of other Islamic opposition movements in the region, like the Muslim Brotherhood, that threaten the ruling regimes. But because the general Arab public is solidly behind the Palestinian cause, criticism of Hamas during a time of crisis is being kept to a minimum, even in state-run newspapers, according to Nathan Brown, a Middle East expert at the Carnegie Endowment for International Peace in Washington.
While Hamas remains locked in a frequently bloody rivalry with Fatah, Mr. Abbas’s political party, which governs the West Bank, the Gaza air attacks have been treated as a time for solidarity in the Palestinian press. Al-Ayaam, the main Palestinian newspaper in Ramallah, devoted its coverage to details of the chaos in Gaza and news about a population in shock and crisis, rather than political recriminations.
Even so, though, there were signs of mounting frustration with Hamas among some Arab commentators — along with a sense of despair that after the dust settles, Israel and Palestine will be no closer to solving the region’s woes. Hassan Haidar, on the English-language Web site of Al-Hayat, wrote that while Israel had been looking for a pretext to attack Gaza, “Hamas’s decision to suspend the truce was offered to Israel on a silver plate, with the movement falling in the Israeli trap.”
And in the Daily Star, a Beirut-based English-language publication that includes a wider range of opinions than is usually seen in the Arab press, editorials blasted Israel’s “wanton disregard for innocent life,” but also said that the strife between Fatah and Hamas, once again, had been shown not to be in the interest of Palestinians.
After saying that Israel seemed “poised to embark on a course of even greater folly,” the Star editorial continued:
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Tags:Al-Ahram, Arab regimes as accomplices, Arab Web sites, bloodshed in Gaza, Egypt and Saudi Arabia, Gaza under Israeli attack, Hamas and Fatah rivalry, Hassan Nasrallah, images of destruction, Jordan
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