By NORMAN FINKELSTEIN | Counterpunch, January 13, 2009
The record is fairly clear. You can find it on the Israeli website, the Ministry of Foreign Affairs website. Israel broke the ceasefire by going into the Gaza and killing six or seven Palestinian militants. At that point—and now I’m quoting the official Israeli website—Hamas retaliated or, in retaliation for the Israeli attack, then launched the missiles.
Now, as to the reason why, the record is fairly clear as well. According to Ha’aretz, Defense Minister Barak began plans for this invasion before the ceasefire even began. In fact, according to yesterday’s Ha’aretz, the plans for the invasion began in March. And the main reasons for the invasion, I think, are twofold. Number one; to enhance what Israel calls its deterrence capacity, which in layman’s language basically means Israel’s capacity to terrorize the region into submission. After their defeat in July 2006 in Lebanon, they felt it important to transmit the message that Israel is still a fighting force, still capable of terrorizing those who dare defy its word.
And the second main reason for the attack is because Hamas was signaling that it wanted a diplomatic settlement of the conflict along the June 1967 border. That is to say, Hamas was signaling they had joined the international consensus, they had joined most of the
international community, overwhelmingly the international community, in seeking a diplomatic settlement. And at that point, Israel was faced with what Israelis call a Palestinian peace offensive. And in order to defeat the peace offensive, they sought to dismantle Hamas.
As was documented in the April 2008 issue of Vanity Fair by the writer David Rose, basing himself on internal US documents, it was the United States in cahoots with the Palestinian Authority and Israel which were attempting a putsch on Hamas, and Hamas preempted the putsch. That, too, is no longer debatable or no longer a controversial claim.
The issue is can it rule in Gaza if Israel maintains a blockade and prevents economic activity among the Palestinians. The blockade, incidentally, was implemented before Hamas came to power. The blockade doesn’t even have anything to do with Hamas. The blockade came to—there were Americans who were sent over, in particular James Wolfensohn, to try to break the blockade after Israel redeployed its troops in Gaza.
The problem all along has been that Israel doesn’t want Gaza to develop, and Israel doesn’t want to resolve diplomatically the conflict, both the leadership in Damascus and the leadership in the Gaza have repeatedly made statements they’re willing to settle the conflict in the June 1967 border. The record is fairly clear. In fact, it’s unambiguously clear.
Every year, the United Nations General Assembly votes on a resolution entitled “Peaceful Settlement of the Palestine Question.” And every year the vote is the same: it’s the whole world on one side; Israel, the United States and some South Sea atolls and Australia on the other side. The vote this past year was 164-to-7. Every year since 1989—in 1989, the vote was 151-to-3, the whole world on one side, the United States, Israel and the island state of Dominica on the other side.
We have the Arab League, all twenty-two members of the Arab League, favoring a two-state settlement on the June 1967 border. We have the Palestinian Authority favoring that two-state settlement on the June 1967 border. We now have Hamas favoring that two-state settlement on the June 1967 border. The one and only obstacle is Israel, backed by the United States. That’s the problem.
Well, the record shows that Hamas wanted to continue the ceasefire, but only on condition that Israel eases the blockade. Long before Hamas began the retaliatory rocket attacks on Israel, Palestinians were facing a humanitarian crisis in Gaza because of the blockade. The former High Commissioner for Human Rights, Mary Robinson, described what was going on in Gaza as a destruction of a civilization. This was during the ceasefire period.
What does the record show? The record shows for the past twenty or more years, the entire international community has sought to settle the conflict in the June 1967 border with a just resolution of the refugee question. Are all 164 nations of the United Nations the rejectionists? And are the only people in favor of peace the United States, Israel, Nauru, Palau, Micronesia, the Marshall Islands and Australia? Who are the rejectionists? Who’s opposing a peace?
The record shows that in every crucial issue raised at Camp David, then under the Clinton parameters, and then in Taba, at every single point, all the concessions came from the Palestinians. Israel didn’t make any concessions. Every concession came from the Palestinians. The Palestinians have repeatedly expressed a willingness to settle the conflict in accordance with international law.
The law is very clear. July 2004, the highest judicial body in the world, the International Court of Justice, ruled Israel has no title to any of the West Bank and any of Gaza. They have no title to Jerusalem. Arab East Jerusalem, according to the highest judicial body in the world, is occupied Palestinian territory. The International Court of Justice ruled all the settlements, all the settlements in the West Bank, are illegal under international law.
Now, the important point is, on all those questions, the Palestinians were willing to make concessions. They made all the concessions. Israel didn’t make any concessions.
I think it’s fairly clear what needs to happen. Number one, the United States and Israel have to join the rest of the international community, have to abide by international law. I don’t think international law should be trivialized. I think it’s a serious issue. If Israel is in defiance of international law, it should be called into account, just like any other state in the world.
Mr. Obama has to level with the American people. He has to be honest about what is the main obstacle to resolving the conflict. It’s not Palestinian rejectionism. It’s the refusal of Israel, backed by the United States government, to abide by international law, to abide by the opinion of the international community.
And the main challenge for all of us as Americans is to see through the lies.
Norman Finkelstein is author of five books, including Image and Reality of the Israel-Palestine Conflict, Beyond Chutzpah and The Holocaust Industry, which have been translated into more than 40 foreign editions. He is the son of Holocaust survivors. This article is an edited extract of the views of Finkelstein given at DemocracyNow.org. His website is www.NormanFinkelstein.com


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)
Israel Is Committing War Crimes
January 13, 2009Hamas’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.
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Tags: B'Tselem, F-16s and Apache helicopters, Gaza Strip, Hamas fighters, Hamas-led government, Israeli attack, Kassam rocket, killed and injured Palestinians, serious violations of international law, siege of the Gaza Strip, truce, United Nations charter, war crimes
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