Israelis told to fight ‘holy war’ in Gaza

March 21, 2009

By Donald Macintyre in Jerusalem |The Independent, UK,  March 21, 2009

Many Israeli troops had the sense of fighting a “religious war” against Gentiles during the 22-day offensive in Gaza, according to a soldier who has highlighted the martial role of military rabbis during the operation.

The soldier testified that the “clear” message of literature distributed to troops by the rabbinate was: “We are the Jewish people, we came to this land by a miracle, God brought us back to this land and now we need to fight to expel the Gentiles who are interfering with our conquest of this holy land.”

The claim comes in the detailed transcript of a post-war discussion by soldiers, publication of which has triggered a military police inquiry into allegations about the use of lethal firepower against unarmed civilians.

The investigation was ordered by the military’s advocate general Avichai Mandleblit on Thursday after the liberal daily newspaper Haaretz published extracts from the transcript describing incidents in which Palestinian civilians were killed and property wantonly damaged.

In the fuller version of the transcript published yesterday, the soldier, a unit commander from the Givati brigade, says: “This was the main message and the whole sense many soldiers had in this operation was of a religious war.” He recalled that his own sergeant was from a hesder yeshiva, a college combining religious study and military service, who led the whole platoon in prayer before going into battle. The commander added that he had sought to talk to the men about Palestinian politics and society and, “about how not everyone in Gaza is Hamas and not every inhabitant wants to vanquish us”.

After the offensive, Yesh Din, an Israeli human rights group called for the dismissal of the military’s head chaplain, Rabbi Avichai Rontzki, a brigadier general. It said that he had distributed to troops a booklet saying that it was “terribly immoral” to show mercy to a “cruel enemy” and that the soldiers were fighting “murderers”.

The longer transcript conveys a fuller sense of the debate involving graduates from the Yitzhak Rabin military preparatory course. At one point Danny Zamir, the head of the course, says he would have questioned the killing of 180 traffic policemen during bombing on the first day of the operation. One pilot replies: “Tactically speaking you call them police. In any case they are armed and belong to Hamas … during better times they take Fatah people and throw them off the roofs and see what happens.”

The latest casualty figures published by the Palestinian Centre for Human Rights list the names of 1,434 dead of whom they say 926 were civilians, 236 fighters and 255 police officers.

Sheehan: Our Shame

March 21, 2009

By Cindy Sheehan | AfterDowningStreet.org, March 19, 2009

I remember sitting in my living room, six years ago, watching the “Leader of the Free World” announcing that the United States military had just embarked in “shock and awe” against the country of Iraq.

The images made me physically ill, as they had 12 years before when the criminal’s criminal father was bombarding Iraq.

I was also personally sick with fear as my family had “skin in the game,” our son/brother, Casey. On that night, Casey’s life clock starting ticking down: He had exactly one year and 15 days to live from “shocking and awful.”

Six years and over a million lives later, our military is still shamefully in Iraq. Our “Peace President” has created no positive change there and is in fact extending the length of the deployment of “combat troops.” The country has been ethnically cleansed. Violence is down because everyone there is either dead, displaced or too poor, wounded or frightened to move or continue fighting. Violence is down, but not out, and you can bet there will be a strong US military presence in Iraq until every last drop of oil has fallen into the hands of foreign oil companies.

What about Afghanistan? When will the “peace movement” begin to protest the anniversary (Oct. 7, 2001) of the invasion of that war-torn country? When will we begin saying “illegal and immoral” in connection with Afghanistan and start mourning the dead there? Maybe when US casualties begin to ratchet up as Obama surges US troop presence there? Obama is sending incursions farther and farther into Pakistan every day. From one “dumb war” to another “dumb war,” and the cycle of death will never end for we in the Robbed Class or the poor innocents of that region.

The economic collapse is a very worrisome and immediate problem to so many of us, but we need to remember that the Military Industrial Robber Class Complex is the reason we are in this current crisis and the economic costs of the occupations cannot and must not be separated from the human cost. Whose life clock is ticking away today? How can we allow yet another year to pass?

Every year I say that this will be our last…I don’t believe that anymore. I believe that a very few of us will be demonstrating against these “wars” for years and every year that goes by, fewer of us will be out.

It is our shame that we as a nation complacently sit by and allow the audacity of the atrocities of empire to continue in our names.

Our demands must be the same with the Obama regime as it was with the Bush regime: Troops home completely and immediately. Leave cowardice and compromise to the politicians: we in the movement must never compromise or sell out the values of peace with justice. Or if we have already sold-out, we must buy-back…we need everyone!

Many have already given up or have been co-opted by the Democratic Party or the false specter of “hope.” Most have never even protested other than bitching on blogs or yelling at the TV when Bush or Cheney came on spewing their lies (Cheney is still at it).

Some will never give up. Here’s to you! I honor your commitment to peace, no matter who is the current warmonger occupying the Evil Office (oops, I sorta meant “Oval Office”)

Hasta la victoria, siempre!

March 19, 2009

CIA reveals it has 3,000 pages of documents relating to destroyed interrogation tapes

March 21, 2009

John Byrne | The Raw Story
Published: Friday March 20, 2009
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The Central Intelligence Agency disclosed Friday that it has 3,000 summaries, transcripts, reconstructions and memoranda relating to 92 interrogation videotapes that were destroyed by the agency, the American Civil Liberties Union revealed Friday evening.

The agency, however, says they won’t make them public or provide them to the civil rights group. The disclosure came as part of a lawsuit.

The CIA says they incinerated the tapes to protect the identities of agents involved in the interrogations. Their destruction came at the same time a federal judge was seeking information from Bush administration lawyers about the interrogation of alleged al Qaeda operative Abu Zubaydah.

The CIA also refused to publicly disclose any witnesses who may have viewed the destroyed tapes or had custody of them prior to their destruction.

“The government is still needlessly withholding information about these tapes from the public, despite the fact that the CIA’s use of torture is well known,” Amrit Singh, staff attorney with the ACLU, said in a release. “Full disclosure of the CIA’s illegal interrogation methods is long overdue and the agency must be held accountable for flouting the rule of law.”

The CIA could not be reached for comment.

Perhaps not surprisingly, the information came to light late Friday and was sent out by the ACLU in a release at 6:44PM ET. Organizations and agencies often release unfavorable information on Friday evenings, because American newspapers have the lowest circulation on Saturdays.

More from the ACLU’s release issued Friday follows.


In December 2007, the ACLU filed a motion to hold the CIA in contempt for its destruction of the tapes in violation of a court order requiring the agency to produce or identify all records requested by the ACLU. That motion is still pending.

The agency’s latest submission came in response to an August 20, 2008 court order issued in the context of the contempt motion. That order required the agency to produce “a list of any summaries, transcripts, or memoranda regarding the [destroyed tapes] and of any reconstruction of the records’ contents” as well as a list of witnesses who may have viewed the videotapes or retained custody of the videotapes before their destruction. The CIA will provide these lists to the court for in camera review on March 26, 2009.

Earlier this month, the CIA acknowledged it destroyed 92 tapes of interrogations. The tapes, some of which show CIA operatives subjecting suspects to extremely harsh interrogation methods, should have been identified and processed for the ACLU in response to its Freedom of Information Act request demanding information on the treatment and interrogation of detainees in U.S. custody. The tapes were also withheld from the 9/11 Commission, appointed by former President Bush and Congress, which had formally requested that the CIA hand over transcripts and recordings documenting the interrogation of CIA prisoners.

The government’s letter to U.S. District Court Judge Alvin K. Hellerstein of the Southern District of New York is available online here.

The ACLU’s contempt motion and related legal documents are available online here.

US Flag-Burning Marks War Anniversary in Iraq

March 21, 2009

Sadr Supporters Rally for Release of Detainees

Antiwar.com

Posted March 20, 2009

Protesters marched through the streets, burning American flags and chanting “no, no for occupation.” It was yet another reminder of just how much resentment remains in Iraq over the American military presence.

The supporters of Shi’ite cleric Moqtada al-Sadr took to the streets in numerous Iraqi cities after Friday prayers, calling on US and Iraqi forces to release detained members of their faction who “were not involved in acts of violence against Iraqis in accordance with the directives of Sayyid Moqtada al-Sadr.”

The protests come in the wake of the six-year anniversary of the American invasion of Iraq, at a time when many are wondering how much longer the American presence will continue and how much longer the Iraqi populace will have to wait for a return to normalcy.

Related Stories

compiled by Jason Ditz [email the author

Dead Palestinian babies and bombed mosques – IDF fashion 2009

March 21, 2009

A T-shirt printed at the request of an IDF soldier in the sniper unit reading ‘I shot two kills.’

Last update – 22:41 20/03/2009
By Uri Blau | Haaretz, Israel,  March 20, 2009
The office at the Adiv fabric-printing shop in south Tel Aviv handles a constant stream of customers, many of them soldiers in uniform, who come to order custom clothing featuring their unit’s insignia, usually accompanied by a slogan and drawing of their choosing. Elsewhere on the premises, the sketches are turned into plates used for imprinting the ordered items, mainly T-shirts and baseball caps, but also hoodies, fleece jackets and pants. A young Arab man from Jaffa supervises the workers who imprint the words and pictures, and afterward hands over the finished product.

Dead babies, mothers weeping on their children’s graves, a gun aimed at a child and bombed-out mosques – these are a few examples of the images Israel Defense Forces soldiers design these days to print on shirts they order to mark the end of training, or of field duty. The slogans accompanying the drawings are not exactly anemic either: A T-shirt for infantry snipers bears the inscription “Better use Durex,” next to a picture of a dead Palestinian baby, with his weeping mother and a teddy bear beside him. A sharpshooter’s T-shirt from the Givati Brigade’s Shaked battalion shows a pregnant Palestinian woman with a bull’s-eye superimposed on her belly, with the slogan, in English, “1 shot, 2 kills.” A “graduation” shirt for those who have completed another snipers course depicts a Palestinian baby, who grows into a combative boy and then an armed adult, with the inscription, “No matter how it begins, we’ll put an end to it.”

There are also plenty of shirts with blatant sexual messages. For example, the Lavi battalion produced a shirt featuring a drawing of a soldier next to a young woman with bruises, and the slogan, “Bet you got raped!” A few of the images underscore actions whose existence the army officially denies – such as “confirming the kill” (shooting a bullet into an enemy victim’s head from close range, to ensure he is dead), or harming religious sites, or female or child non-combatants.

Continued >>


Urgent: Ahmad Sa’adat transferred to solitary confinement in Asqelan prison!

March 20, 2009

The Campaign to Free Ahmad Sa’adat

70_saadat_ap220.jpg

Uruknet.info, March 19, 2009

On March 19, 2009, Ahmad Sa’adat was suddenly transferred from Hadarim prison and to Asqelan prison, where he is being held in solitary confinement.

Ahmad Sa’adat alongside 11,000 other Palestinian prisoners, has been repeatedly subjected to solitary confinement and punitive measures at the behest of the Israeli regime. Sa’adat has been moved repeatedly from prison to prison, and often placed in solitary confinement or isolation.

Palestinian lawyer Buthaina Duqmaq, president of the Mandela Association for Palestinian prisoners, stated that this is part of the Israeli policies towards
Palestinian prisoners. Sa’adat has been particularly targeted because he is
both a Palestinian national leader and a leader among the prisoners, whose presence within the prison strengthens the prisoners’ unity and steadfastness.

Furthermore, Ahmad Sa’adat is suffering from back injuries that require medical assistance and treatment. Instead of receiving the medical care he needs, the Israeli prison officials are refusing him access to specialists and engaging in medical neglect and maltreatment. Now, they are returning him to isolation where he will face even more serious medical neglect and injury.

The Campaign to Free Ahmad Sa’adat demands an end to this isolation and calls upon all to write to the International Committee of the Red Cross and other human rights organizations to exercise their responsibilities and act swiftly to demand that the Israelis ensure that Ahmad Sa’adat and all Palestinian prisoners receive needed medical care and that this punitive isolation be ended.

Email the ICRC, whose humanitarian mission includes monitoring the
conditions of prisoners, at jerusalem.jer@icrc.org, and inform them about the
urgent situation of Ahmad Sa’adat!

The imprisonment of Sa’adat, facing a 30 year sentence for his powerful and
political leadership of the Palestinian people, is a symbol of Israel’s
attempts to isolate and target the Palestinian people and their national
movement for liberation, through massive imprisonment. They have not succeeded in breaking the will of the people of Palestine, through imprisonment, massacres, and siege, and will never succeed in breaking the will of Sa’adat, the Palestinian prisoners, or the Palestinian people.

Freedom for Ahmad Sa’adat and all Palestinian prisoners now!

The Campaign to Free Ahmad Sa’adat
http://www.freeahmadsaadat.org/

Asking the Hard Questions About the Iraq War

March 20, 2009

by Barbara Lee, Lynn Woolsey, Maxine Waters | The San Francisco Chronicle, March 19, 2009

Six years ago this week, President George W. Bush launched our nation into one of the most disastrous, misguided and dangerous military actions in our history – the initial invasion and proceeding occupation of Iraq.

Now, as a new administration seeks to withdraw troops from Iraq, it’s essential that the media, the public and those of us in elected office hold them accountable.

This time, no matter how uncomfortable it may be for those of us who support President Obama (who himself opposed the invasion from the beginning), we must hold our Iraq policy accountable and demand answers to tough questions regarding how and when our occupation of Iraq will end.

Last month, Obama laid forth a time line for the drawdown of our military presence in Iraq. His proposal would have two-thirds of our troops home by August 2010, with the remaining force of 50,000 scheduled to leave by the end of 2011, almost three years from now. While his announcement received praise from both sides of the political aisle, it has not received an honest and frank discussion of its merits and potential faults.

Americans seem to be collectively trying to forget about Iraq, and while we appreciate the president’s decision, his declaration allows us to simply move on and focus on other issues. While this reaction is understandable, it is also dangerous.

We cannot afford to ignore the enormous risks and potential sacrifices that loom ahead. As founders of the Out of Iraq Caucus, our position has been clear all along. We opposed the war and occupation from the start, and we have worked day-in and day-out to end it.

We believe that ending the occupation of Iraq means redeploying all troops and all military contractors out of Iraq. It also means leaving behind no permanent bases and renouncing any claims upon Iraqi oil.

We remain concerned about the president’s plan – not opposed to it, but concerned. The plan calls for 127,000 troops to stay in Iraq until the end of this year, and for 50,000 troops to remain in Iraq for another two-and-a-half years after that. We cannot imagine the need for such an enormous military commitment. How did military planners agree on such a large residual force, one which is comparable in size to our force levels in South Korea at the height of the Cold War?

What role will this transitional force play in the event that violence flares back up?

And what steps are being taken to address the 190,000 American contractors in Iraq and to dismantle our permanent bases? These questions must be addressed before we can move forward.

America’s interests in Iraq and the region will best be advanced by reducing the size of our military footprint and making greater use of our other assets of national power, including diplomacy, reconciliation, commerce, development assistance and humanitarian aid.

As we solemnly mark the beginning of a seventh year of the conflict in Iraq, we not only reflect on the incredible sacrifices made by the men and women who serve in the military, but also demand an honest assessment of the potential future obstacles that their brothers and sisters in arms will face.

We urge everyone to remain engaged and continue to aggressively question Iraq war policy. This includes Republicans, Democrats, independents and, especially, the news media. We must all be willing to ask the hard questions as we work toward the common goal of ending the war and occupation, redeploying all American troops and military contractors out of Iraq and reuniting them with their families and loved ones.

As Obama has said, “We must be as careful getting out of Iraq as we were careless getting in.”

Reps. Barbara Lee, D-Oakland, Lynn Woolsey, D-Petaluma, and Maxine Waters, D-Los Angeles, are founders of the Out of Iraq Caucus.

Ex-Bush Admin Official: Many at Gitmo Are Innocent

March 20, 2009

by Andrew O. Selsky

SAN JUAN, Puerto Rico – Many detainees locked up at Guantanamo were innocent men swept up by U.S. forces unable to distinguish enemies from noncombatants, a former Bush administration official said Thursday. “There are still innocent people there,” Lawrence B. Wilkerson, a Republican who was chief of staff to then-Secretary of State Colin Powell, told The Associated Press. “Some have been there six or seven years.”

[In this photo, reviewed by the U.S. Military, a guard stands near the shadow of a detainee at Guantanamo's Camp 5 detention center, at the U.S. Naval Base, in Guantanamo Bay, Cuba, January 21, 2009. (REUTERS/Brennan Linsley/Pool/Files)]In this photo, reviewed by the U.S. Military, a guard stands near the shadow of a detainee at Guantanamo’s Camp 5 detention center, at the U.S. Naval Base, in Guantanamo Bay, Cuba, January 21, 2009. (REUTERS/Brennan Linsley/Pool/Files)

Wilkerson, who first made the assertions in an Internet posting on Tuesday, told the AP he learned from briefings and by communicating with military commanders that the U.S. soon realized many Guantanamo detainees were innocent but nevertheless held them in hopes they could provide information for a “mosaic” of intelligence.”It did not matter if a detainee were innocent. Indeed, because he lived in Afghanistan and was captured on or near the battle area, he must know something of importance,” Wilkerson wrote in the blog. He said intelligence analysts hoped to gather “sufficient information about a village, a region, or a group of individuals, that dots could be connected and terrorists or their plots could be identified.”

Wilkerson, a retired Army colonel, said vetting on the battlefield during the early stages of U.S. military operations in Afghanistan was incompetent with no meaningful attempt to discriminate “who we were transporting to Cuba for detention and interrogation.”

Navy Cmdr. Jeffrey Gordon, a Pentagon spokesman, declined to comment on Wilkerson’s specific allegations but noted that the military has consistently said that dealing with foreign fighters from a wide variety of countries in a wartime setting was a complex process. The military has insisted that those held at Guantanamo were enemy combatants and posed a threat to the United States.

In his posting for The Washington Note blog, Wilkerson wrote that “U.S. leadership became aware of this lack of proper vetting very early on and, thus, of the reality that many of the detainees were innocent of any substantial wrongdoing, had little intelligence value, and should be immediately released.”

Former Defense Secretary Donald Rumsfeld and Vice President Dick Cheney fought efforts to address the situation, Wilkerson said, because “to have admitted this reality would have been a black mark on their leadership.”

Wilkerson told the AP in a telephone interview that many detainees “clearly had no connection to al-Qaida and the Taliban and were in the wrong place at the wrong time. Pakistanis turned many over for $5,000 a head.”

Some 800 men have been held at Guantanamo since the prison opened in January 2002, and 240 remain. Wilkerson said two dozen are terrorists, including confessed Sept. 11 plotter Khalid Sheikh Mohammed, who was transferred to Guantanamo from CIA custody in September 2006.

“We need to put those people in a high-security prison like the one in Colorado, forget them and throw away the key,” Wilkerson said. “We can’t try them because we tortured them and didn’t keep an evidence trail.”

But the rest of the detainees need to be released, he said.

Wilkerson, who flew combat missions as a helicopter pilot in Vietnam and left the government in January 2005, said he did not speak out while in government because some of the information was classified. He said he feels compelled to do so now because Cheney has claimed in recent press interviews that President Barack Obama is making the U.S. less safe by reversing Bush administration policies toward terror suspects, including ordering Guantanamo closed.

The administration is now evaluating what to do with the prisoners who remain at the U.S. military base in Cuba.

“I’m very concerned about the kinds of things Cheney is saying to make it seem Obama is a danger to this republic,” Wilkerson said. “To have a former vice president fearmongering like this is really, really dangerous.”

MIDEAST: Israelis Using ‘Excessive’ Force Against Protesters

March 20, 2009

By Mel Frykberg | Inter Press Service

RAMALLAH, Mar 19 (IPS) – The critical wounding of a U.S. activist has highlighted the excessive use of force by Israeli forces.

The activist, Tristan Anderson, 38, was shot in the head by Israeli soldiers during a protest against Israel’s separation barrier in the Palestinian West Bank last week. He remains in intensive care in Tel Hashomer Hospital in Tel Aviv.

Anderson was one of approximately 400 international, Palestinian and Israeli protestors taking part in a demonstration in the village of Ni’ilin, near the central West Bank city Ramallah, when he was hit by a teargas canister.

Since Israel’s devastating three-week war on Gaza, human rights organisations and activists have accused the Israeli Defence Forces (IDF) of using indiscriminate violence and testing new weapons on unarmed protestors.

The teargas canister which hit Anderson is a new variety being used by the IDF, and is particularly lethal if fired directly at protestors.

The gas canister can travel over 400 metres. It does not make a noise when fired, or emit a smoke tail, and has a propeller for mid-air acceleration. A combination of velocity and silence increases the danger it poses.

Witnesses gave testimonies to the media and to human rights organisations that they saw Israeli soldiers aiming at Anderson before they shot the canister from a distance of about 60 metres. It hit him directly on the forehead. The impact of the canister caused severe damage to the right eye, and Anderson has had to undergo critical brain surgery.

Israeli soldiers continued to fire teargas canisters towards the wounded man and the people surrounding him as he lay critically injured on the ground and Palestinian medics tried to give him first aid.

Later, a Palestinian ambulance trying to rush Anderson to hospital was blocked at least five minutes by Israeli soldiers. Only after other foreigners engaged the soldiers in heated debate did they allow the ambulance to pass.

Anderson was then delayed another 15 minutes while an Israel ambulance was called, because Palestinian ambulances are not allowed to cross into Israeli territory without special permit.

Jonathan Pollack, an Israeli activist who witnessed the event said that the soldiers had fired unnecessarily. “There was no way that their lives were even remotely in danger or that they might have been injured,” Pollack told IPS.

“Even if the IDF (Israeli defence forces) argument was true that they had been the targets of stones before they shot him, no stone could travel uphill for 60 metres and threaten them, and Anderson had definitely not been involved in any violent activity.”

Pollack said the demonstration had finished and most of the demonstrators had left when the teargas was fired. “At the time of the shooting there were no confrontations, and Anderson was standing amongst about 10 remaining protestors just milling about.”

Sarit Michaeli, spokeswoman for the Israeli rights group B’Tselem says that the IDF has at times used crowd control measures indiscriminately. “The teargas canister is not meant to be used as a weapon or fired directly at protestors but in an arc or at an angle,” she told IPS.

“We have many credible witnesses, and I myself have seen soldiers fire at people who are nowhere near and have nothing to do with any stone- throwing. And even when the soldiers have the right to shoot on grounds of self-defence, they are obliged to use the minimum of force and in a strictly proportionate way.”

B’Tselem is concerned about the even more severe crowd control methods being employed by the IDF.

An Israeli journalist was recently shot in the chest with a rubber-coated steel bullet (marble-sized metal ball covered in 0.5mm of rubber) when the soldiers knew full well the target was a journalist. Towards the end of last year the IDF began once again to use Ruger rifles, which use .22 calibre ammunition, against unarmed protestors.

“We have written a letter to the judge advocate general (JAG) protesting and questioning the use of Ruger rifles,” said Michaeli.

According to B’Tselem, back in 2001 then JAG Major-General Menachem Finkelstein had ordered that use of the Ruger rifle be stopped. The decision followed the killing of several children in the Gaza Strip by Ruger rifle fire, and an order by the Central Command to cease using the rifle. The order came after it was found that soldiers often used the rifle against demonstrators without justification.

Furthermore, Israeli soldiers are using live ammunition against protestors, contrary to IDF laws of engagement.

Although Anderson’s case made international headlines because of his status as a foreigner, four Palestinians were killed by the IDF in the village of Ni’ilin last year.

Ahmed Mousa, 10, was shot dead with live ammunition in July last year. The following day Yousef Amira, 17, was left brain-dead, and died a week later after he too had been shot in the head with rubber-coated steel bullets.

Arafat Rateb Khawaje, 22, was shot in the back with live ammunition in December. The same day Mohammed Khawaje, 20, was also shot in the head with live ammunition. He died three days later.

The villagers of Ni’ilin and their supporters have been protesting weekly against the confiscation of their land by Israeli authorities for expansion of nearby Israeli settlements, and against the separation barrier.

The separation barrier, which slices through the village, divides Palestinian farmers from their land. It was deemed illegal by the International Court of Justice in 2004. (END/2009)

Falk: Gaza offensive possible ‘war crime’

March 20, 2009
Al Jazeera, March 20, 2009

Falk said the Gaza border blocade trapping Gazans in a war zone may also be a crime against humanity

The United Nations special rapporteur on human rights in the Palestinian territories has said Israel’s military offensive on Gaza “would seem to constitute a war crime of the greatest magnitude under international law”.

Richard Falk calls the Israeli attacks a “massive assault on a densely populated urbanised setting”, with the civilian population subjected to “an inhumane form of warfare that kills, maims and inflicts mental harm”.

His findings were written in a report submitted to the UN Human Rights Council on Thursday.

Islamic and African countries backed by China, Cuba and Russia have a majority in the 47-member forum.

Neither Israel nor US, its principal ally, are members.

Falk said the Geneva Convention required forces at war to be able to distinguish between military targets and civilians.

If that is not possible, then “launching the attacks is inherently unlawful”.

Israel launched its offensive on the Hamas-run Gaza Strip in December saying it aimed to stop rocket fire by Hamas into southern Israel.

A ceasefire was declared on January 18 after the offensive left 1,300 Palestinians dead, many of them women and children.

Three Israeli civilians and 10 soldiers were killed during the offensive.

Another crime

Falk said that the Gaza border blockade also was not legally justified and may represent a “crime against peace”, a principle established at the Nuremberg trials of Nazi war criminals.

Sealing the border, denying people the right to flee the war zone as refugees, may also be a crime against humanity, his report said.

In video

Gaza family tells of Israeli shooting

Israeli soldiers say killing civilians ‘allowed’

He said Israel’s violations included alleged “targeting of schools, mosques and ambulances” during the offensive, and its use of weapons including white phosphorus, as well as Hamas firing rockets at civilian targets in southern Israel.Falk called for an independent experts group to investigate possible war crimes committed by both the Israeli military and Hamas.

He recommended witness testimonies as well as explanations from Israeli and Palestinian military commanders.

Falk gave the same death toll from Israel’s offensive in December and January – 1,434 Palestinians, 960 of those civilians – as the Palestinian Human Rights Centre.

Israel disputes the figures and accuses Hamas fighters in Gaza of using civilians as human shields.

Falk said Israel’s allegation should be investigated.

Criminal tribunal urged

Falk suggested the UN Security Council might set up an ad hoc criminal tribunal to establish accountability for war crimes in Gaza, noting Israel has not signed the Rome statutes establishing the International Criminal Court.

He was refused entry into Israel two weeks before the offensive started, preventing him from a planned mission to Gaza. In the report, he said the refusal had set an “unfortunate precedent” for treatment of a special rapporteur.

Israel dropped bombs on Gaza saying it wanted to halt rocket fire from Hamas [EPA]

Speaking to Al Jazeera from Santa Barbara, California, Falk said he is not optimistic that his report will lead to concrete action.”There is a lack of political will on the part of several major governments,” he said.

“There has all along been a pervasive double standard with respect to the implementation of international criminal law.

“It has been applied to non-Western countries in the south and has exempted actors associated with Europe, North America and, generally, the north.”

Falk’s criticism came as reports surfaced in the Israeli media suggesting that Israeli forces killed Palestinian civilians under what may have been lax rules of engagement during the Gaza offensive.

Property ransacked

Quoting Israeli soldiers who fought in the offensive, the Haaretz newspaper reported on Thursday that soldiers had ransacked and destroyed civilian property.

The soldiers’ testimony, made at a course at Oranim Academic College in Tivon, runs counter to the Israeli army’s claims that troops observed a high level of moral behaviour during the operation.

The testimonies include a description by an infantry squad leader in which he relates an incident where an Israeli sharpshooter shot a Palestinian mother and her two children, Haaretz reported.

If proved, the soldiers’ testimonies could contribute to war crimes charges against Israel.