GAZA CITY – We are a delegation of 8 American lawyers, members of the National Lawyers Guild in the United States, who have come here to the Gaza Strip to assess the effects of the recent attacks on the people, and to determine what, if any, violations of international law occurred and whether U.S. domestic law has been violated as a consequence. We have spent the last five days interviewing communities particularly impacted by the recent Israeli offensive, including medical personnel, humanitarian aid workers and United Nations representatives. In particular, the delegation examined three issues: 1) targeting of civilians and civilian infrastructure; 2) illegal use of weapons and 3) blocking of medical and humanitarian assistance to civilians.
Targeting of Civilians and Civilian Infrastructure
Much of the debate surrounding Israel’s aerial and ground offensive against Gaza has centered on whether or not Israel observed principles of proportionality and distinction. The debate suggests that Israel targeted Hamas i.e., its military installations, its leaders, and its militants, and in the process of its discrete military exercise it inadvertently killed Palestinian civilians. While we have found evidence that Palestinian civilians were victims of excessive force and collateral damage, we have also found troubling instances of Palestinian civilians being targets themselves.
The delegation recorded numerous accounts of Israeli soldiers shooting civilians, including women, children, and the elderly, in the head, chest, and stomach. Another common narrative described Israeli forces rounding civilians into a single location i.e., homes, schools which Israeli tanks or warplanes then shelled. Israeli forces continued to shoot at civilians fleeing the targeted structures.
We spoke to Khaled Abed Rabbo, who witnessed an Israeli soldier execute his 2-year-old and 7-year-old daughters, and critically injure a third daughter, Samar, 4-years old, on a sunny afternoon outside his home. Two other Israeli soldiers were standing nearby eating chips and chocolates at the time on January 7, 2009. Abed Rabbo recounts standing in front of the Israeli soldiers with his mother, wife and daughters for 5 – 7 minutes before one of the soldiers opened fire on his family.
We spoke to Ibtisam al-Sammouni, 31, and a resident of Zaytoun neighborhood in Gaza City. On January 4th, the Israeli army forced approximately 110 of Zaytoun’s residents into Ibtisam’s home. At approximately 7 am on January 5th, the Israeli military launched two tank shells at the house without warning killing two of Ibtisam’s children: Rizka, 14 and Faris, 12. When the survivors attempted to flee Israeli forces shot at them. Her son Abdullah, 7, was injured in the shelling and remained in the home among his deceased siblings for four days before Israeli forces permitted medical personnel into Zaytoun to rescue them. After medical personnel removed the injured persons, an Israeli war plane destroyed the house and it crumbled over the lifeless bodies. The dead remained beneath the rubble for 17 days before the Israeli Army permitted medical personnel to remove their bodies for burial.
We spoke to the family of Rouhiya al-Najjar, 47, who lived in Khoza’a, Khan Younis. Israeli forces ordered her neighborhoods residents to march to the city center. Rouhiya led 20 women out of her home and into the alley. They all carried white scarves. Upon entering the alley, an Israeli sniper shot Rouhiya in her left temple killing her instantly. Israeli forces prevented medical personnel from reaching her body for twelve hours. These are only some of the accounts that we’ve collected.
Israeli forces also destroyed numerous buildings throughout the Gaza Strip during the recent incursion. Guild delegates viewed the remains of hundreds of demolished homes and businesses – in addition to the remains of the American School in Gaza, damaged medical centers, and the charred innards of UNRWA warehouses. While in situations of armed conflict, collateral damage and mistakes can occur, the circumstances surrounding the cases that the delegation investigated indicate deliberate targeting rather than collateral damage or mistake. Specifically:
The American School at Gaza, which was hit with two F-16 missiles on January 3, 2009, killing the watch guard on duty. According to Ribhi Salem, the school’s director, the Israelis gave no warnings. Mr. Salem stated that the school had come to an agreement with resistance groups not to use school grounds and there had never been resistance activity on the property.
United Nations Relief and Works Agency (UNRWA)
John Ging, the Director of Gaza Operations for UNRWA reported that Israeli forces fired missiles at UNRWA schools in Gaza City, Jabalyia and Bet Lahiya. The United Nation compound in Gaza city was also hit with white phosphorous shells and missiles. Ging noted that al United Nations buildings and vehicles all fly UN flags, are marked in blue paint from the top, and that during hostilities the UN personnel remained in constant contact with Israeli authorities.
Misuse of Weapons
Our delegation has heard allegations of the use of DIME (Dense Inert Metal Explosive) weaponry, white phosphorus and other possible weapons whose use in civilian areas is prohibited. We have also heard of the use of prohibited weapons, such as flachettes. We have found our own evidence of the use of flachette shells, which we will combine with evidence collected by Amnesty International to push for further investigation. We have not found any conclusive evidence of the use of DIME, though we believe that this warrants further investigation and disclosure by the Israeli military.
Our findings overwhelmingly point to the use of conventional weapons in a prohibited manner, specifically, the use of battlefield weaponry in densely populated civilian areas. Customary international law forbids the use of weapons calculated to cause unnecessary suffering. We found evidence that Israel used white phosphorus in extensively throughout its three-week offensive in a manner that led to numerous deaths and injuries. For example, Sabah Abu Halima, 45, lived in Beit Lahiya with her husband, seven boys, and one girl. It was midday and she and her entire family was home. Within minutes she felt her home shaking and missiles fell through the rooftop. She fell to the ground upon impact. When she looked up she saw her children burning.
Preventing Access to Medical and Humanitarian Aid
Under customary international humanitarian law, the wounded are protected persons and must receive the medical care and attention required by their conditions, to the fullest extent practicable and with the least possible delay. Parties to a conflict are required to ensure the unhindered movement of medical personnel and ambulances to carry out their duties and of wounded persons to access medical care. Speaking to medical workers and the family of victims, NLG delegates documented serious violations of this provision. Among the stories documented include:
Zaytoun neighborhood, which came under attack and invasion by ground foces on January 3, 2009. The Palestinian Red Crescent received 145 calls from Zaytoun for help, but were denied entry by Israel. Bashar Ahmed Murad, Director of Emergency Medical Services for the Palestinian Red Crescent Society told us that “a lot of people could have been saved, but hey weren’t given medical care by the Israelis, nor did the Israeli army allow Palestinian medical services in.” When paramedics were finally allowed to enter on January 7, Israeli forces only gave them a 3-hour “lull” to work and prohibited ambulances into the area. Instead they forced paramedics park the ambulances 2 kilometers away and enter the area on foot. Murad told delegation members how they had to pile the wounded on donkey carts and have the medical workers pull the carts in order to help the most people possible in the short time they were given. After the 3 hours were over, the
Israeli army started shooting toward the ambulances. The Red Crescent was not able to reach that area again to evacuate the dead until January 17, 2009 when the Israeli army pulled out.
Al-Shurrab Family
On January 16th, Israeli forces shot at the jeep of Mohammed Shurrab, 64 years of age, and two of his sons, Kassab and Ibrahim, aged 28 and 18 as they were returning from their fields. Mohammad was shot in the left arm and Ibrahim was shot in the leg. The elder son, Kassab, sustained a fatal bullet wound to the chest, being shot multiple times after being ordered out of the car. Mohammad, bleeding from his wound, contacted the media, the International Committee of the Red Cross, and a number of NGOs via mobile phone in order to acquire medical assistance. Israeli forces denied medical relief agencies clearance to reach them until almost 24 hours after Mohammad, Ibrahim and Kassab had been shot. Earlier that morning, Ibrahim had succumbed to his wound and died. Mohammad Shurrab and his sons were shot during a so-called “lull” in Israeli ground operations, which Israeli forces had agreed to in order to allow humanitarian relief to enter and be
distributed in the Gaza Strip. As such NLG delegates fail to see how this denial of medical access to the wounded Shurrab family could have been absolutely necessary and not simply arbitrary.
International humanitarian law also prohibits attacks on medical personnel, medical units and medical transports exclusively assigned to carry out medical functions. Delegate members saw ambulances seriously damaged and destroyed, some apparenly deliberately crushed by Israeli tanks. The Palestinian Red Crescent Society and the Palestinian Ministry of Health informed delegates that 15 Palestinian medics were killed and 21 injured in the course of Israel’s assualt.
Conclusions
This delegation is seriously concerned by our initial findings. We have found strong indications of violations of the laws of war and possible war crimes committed by Israel in the Gaza Strip. We are particularly concerned that most of the weapons that were found used in the December 27 assualt on Gaza are US-made and supplied. We believe that Israel’s use of these weapons may constitute a violation of US law, and particularly the Foreign Assistance Act and the US Arms Export Control Act.
A report of our initial findings will be compiled and submitted to, among others, members of the United States Congress. We intend to push for an investigation by the United States government into possible violations by Israel of US law. We also hope to contribute our finding and efforts to other efforts by local and international lawyers to push for accountability against those found responsible for the egregious crimes that we have documented.
Members of the Legal Delegation
Huwaida Arraf (New York, Washington DC)
huwaida.arraf@gmail.com
Palestine: 0599-130-426
USA: 1-202-294-8813
Noura Erekat (Washington DC)
noo194@yahoo.com
Palestine:
USA: 1-510-847-4239
James Marc Leas (Vermont)
jolly39@gmail.com
Palestine:
USA: 1-802 864-1575 and 1-802 734-8811(cell)
Linda Mansour (Ohio)
Lindamansour@aol.com
Palestine:
USA: 1-419-535-7100 and 1-419-283-8281 (cell)
Rose Mishaan (California)
roseindigo7@gmail.com
Palestine:
USA: 1-917-803-2201
Thomas Nelson (Oregon)
nelson@thnelson.com
Palestine:
USA: 1-503-709-6397
Radhika Sainath (California)
radhika.sainath@gmail.com
Palestine:
USA: 1-917-669-6903
Reem Salahi (California)
reemos@gmail.com
Palestine:
USA: 1-510-225-8880
Gaza 2009: Culture of Resistance vs. Defeat
February 12, 2009By Dr. Haidar Eid | ZNet, Feb 12, 2009
The ongoing bloodletting in the Gaza Strip and the ability of the Palestinian people to creatively resist the might of the world’s 4th strongest army is being hotly debated by Palestinian political forces. The latest genocidal war which lasted for 22 days, and in which apartheid Israel used F16s, Apache helicopters, Merkava tanks and conventional and non-conventional weapons against the population, have raised many serious questions about the concept of resistance and whether the outcome of the war can, or cannot, be considered a victory for the Palestinian people. The same kind of questions were raised in 2006 when apartheid Israel launched its war against the Lebanese people and brutally killed more than 1200 Lebanese.
At the beginning of the Gaza war, we were told by certain sectors of the Palestinian political leadership that “the two sides are to blame: Hamas and Israel;” “Hamas must stop the launching of the rockets from Gaza.” Resistance in all its forms, violent and otherwise, was considered, by these same people, “futile.” Now that there are fewer bombs raining down on Gaza, the conflict focuses on whether the outcome of the war was one of victory or defeat. For the Israeli ruling class the answer is clear – in spite of the fact that none of the objectives announced at the beginning of the war have been achieved. It is clear because they, like the defeatist Palestinian camp, simply use the numbers of martyrs, disabled and homeless to determine victory and defeat.
This approach fails to acknowledge that none of the so-called ‘objectives’ of the war have been achieved: Hamas is still in power; rockets are still being launched; no pro-Oslo forces have been reinstated in the Gaza Strip. The question now being raised by some Palestinian intellectuals and political forces, after the (un)expected brutality of the IOF, is “was it worth it?” The “it” here remains ambiguous depending on the reaction of the listener/reader. What is of interest here is the radical change that some national forces, especially the left and their intellectuals, have gone through in their mechanical, as opposed to dialectical, interpretation of history and their role, thereafter, in its making.
The war on Gaza has emerged as a political tsunami that has not only put an end to the fiction of the 2-state solution and brought back liberation rather than independence on the agenda, but it has also created a new Palestinian political map given the intellectual debate vis-à-vis the outcome of the war. This new classification of the Palestinian intelligentsia and ruling classes has led to many ex-lefties joining the right-wing anthem of Oslo and its culture of defeatism. Not unlike the Oslo intelligentsia, the new pragmatic left is characterized by demagogy, opportunism and short-sightedness. The conduct of these NGOized intellectuals does not show any commitment to their national and historical responsibility.
Foucault’s famous formulation, “where there is power, there is resistance”, helps us to theorize the political and, hence, the cultural resistance, represented in some of the (post)war discourse. Within the context of resistance, it is worth quoting Frantz Fanon’s definitions of the role of the “native intellectual” during the “fighting phase”:“[T]he native, after having tried to lose himself in the people and with the people, will… shake the people…[H]e turns himself into an awakener of the people; hence comes a fighting literature, and a national literature.” On the other hand, there are intellectuals who, according to Fanon’s theorization, “give proof that [they] [have] assimilated the culture of the occupying power. [Their] writings correspond point by point with those of [their] opposite numbers in the mother country. [Their] inspiration is European [i.e. Western] …” Hencethe adoption of the Israeli narrative by some intellectual sections, including NGOized lefties, whereby Israel was exonerated of its crimes: “we are to blame for what happened”; “we were not consulted when Hamas started the war!” and “the people are paying the price, not the resistance movement;” “Hamas should have renewed the Hudna;” ” we cannot afford to lose so many lives; Hamas should have understood this;” ” there was no resistance at all on the streets of Gaza; resistance men ran away as soon as they saw the first tank…” By the same token, one would also condemn the Algerian, South Africa, French, Vietnamese, Lebanese and Egyptian resistance to occupation. The same logic was used by the Bantustan chiefs of South Africa against the anti-apartheid movement, by the Vichy government of France, the North Vietnamese government, the reactionary Egyptian Forces against the progressive regime of Nasser in 1956, and even by the Siniora-Junblatt-Ja’aja-Hariri coalition in 2006.
Obviously, these intellectuals’ assimilation of the Western mentality, through a process of NGOization, and hence Osloization, makes them look down upon the culture of resistance as useless, futile and hopeless. Resistance, broadly speaking, is not only the ability to fight back against a militarily more powerful enemy, but also an ability to creatively resist the occupation of one’s land. The Oslo defeatists and the neo-left camp fail to use people power creatively or even to see that it exists. They are defeated because they want to fight the battle on Israel’s terms-through the adoption of an Israel-Hamas dichotomy, rather than apartheid Israel vs. the Palestinian people- instead of looking for what are their strengths: that they are the natives of the land, they have international law supporting their claims, they have the moral high ground, the support of the international civil society, etc. One good lesson from the South African struggle is the way it tried to define resistance and its adoption of what it referred to as “the four pillars ofthe struggle” to achieve victory over the apartheid regime: armed struggle, internal mass mobilization, international solidarity, and the political underground. Alas, none of these pillars seem to fit within the paradigm of the Palestinian neo-left.
The principled critical legacy of the likes of Ghassan Kanafani, Edward Said and Frantz Fanon is no longer the guiding torch of the NGOized left -the secular democratic left which is supposed to be, as Said would argue, “someone who cannot easily be co-opted by governments or corporations [or donors], and whose raison d’etre is to represent all those people and issues that are routinely forgotten or swept under the rug.” A fascinating, and timely, remark by Hungarian philosopher George Lukacs points the way that the NGOized left should be taking right now, “When the intellectual’s society reaches a historical crossroads in its fight for a clear definition of its identity, the intellectual should be involved in the whole socio-political process and leave his ivory tower.”
Decolonizing cultural resistance insists on the right to view Palestinian history as a holistic entity, both coherent and integral. It also reflects a national and historical consciousness that Palestinians are able to be agents of change in their present and future regardless of the agendas of western donors, the Quartet and other official “international” bodies. Yet we see that the neo-democrats of Palestine are unable to acknowledge Palestinian agency because they refuse to respect the will of the people as expressed through the ballot box. This position is meant to synergise with that of their donors and international bodies who have worked hard over the last two years to deligitimise Palestinian agency.
This lack of political consciousness and the search for individual solutions –the major characteristics of defeatist ideology–contradict the collective national reality of the colonized Palestinians. Political consciousness must begin with a rejection of the conditions imposed by the Israeli occupation and the Quartet on the majority of Palestinians and even more crucially, a rejection of the crumbs that are offered as a reward for good behaviour to a select minority of Palestinians. Indeed, class consciousness is dialectically related to the struggle for national liberation. It is the interests of some NGOized groups, ex-lefties, and neo-liberals, whose defeatist perspective on the outcome of Gaza 2009 is being disseminated with the help of some unpopular media outlets, which is at stake here – not the interests of the Palestinian people who have gained even more legitimacy through their steadfast resistance to the Israeli bombardment.
Osloized and NGOized classes argue that the only solution to the Israeli-Palestine conflict is the establishment of two-states which basically means the creation of an independent Palestine on 22% of Mandate Palestine. They maintain that the only way to reach independence is through negotiations, though ten years of negotiations have not moved the Israeli position at all. The establishment of a Palestinian state is not mentioned in any of the clauses of the Oslo agreement, thus leaving the matter to be determined by the balance of power in the region. This balance tilts in favor of Israel, which rejects the establishment of a sovereign Palestinian state, in spite of its recognition of the Palestinian people and its national movement (PLO). No Israeli party, neither Labour, Likud or Kadima is ready to accept a Palestinian state as the expression of the right of the Palestinian people to self-determination. The impasse negotiations have reached has proven the oppositional camp correct.
Hence the “shocking” results of the 2006 elections, in which Hamas won the majority of the seats of the Legislative Council. Both liberals and lefties were “surprised” and even felt “betrayed!” Accusations of the “immaturity” and even “backwardness” of the Palestinian people have been thrown around since then. Nothing was mentioned about the failure of “the peace process”; nor the end of the two-state solution, and thereafter, the necessity and need for a new national program that can mobilize the masses; a program that is necessarily democratic in its nature; one that respects resistance in its different forms and, ultimately, guarantees peace with justice.
It is this lack of a political vision and a clear-cut ideological programme that allows for the contortions of the Osloized classes. It is this lack that makes it prepared to recognize a “Jewish state” alongside a Palestinian State, including the legitimization of discriminatory practices applied by Israel against its non-Jewish, i.e. mainly Palestinian citizens and residents since 1948, and the end of the right of return of more than 6 million refuges. What we are constantly told, is either accept Israeli occupation in its ugliest form. i.e. the ongoing presence of the apartheid wall, colonies, checkpoints, zigzag roads, color coded number plates, house demolitions and security coordination supervised by a retired American general, OR have a hermetic medieval siege imposed on us, but still die with dignity. The first option seems to be the favorite of some NGOized “activists.”
The new, much-needed programme, however, must make the necessary link between all Palestinian struggles: the occupation of Gaza and the West Bank, Israel’s ethnically-based discrimination and rights violations of more than one million Palestinian citizens, and the 1948 externally displaced refugees. Gaza 2009 was not a defeat but a victory, because in Gaza the Israelis shot the two-state solution in the head; it is a victory achieved with the blood of those children, men and women who sacrificed their lives so that we could live and continue to resist, not surrender. Those Palestinians that are mourning the demise of the two-prison solution are out of step with new facts on the ground: there can be no going back to fake solutions and negotiations; it is time for a final push to real freedom and statehood. They can join other Palestinians, and internationals, in their demand for a secular, democratic state in Mandate Palestine with equality for all or they can walk into the dustbin of history.
Haidar Eid is an independent political commentator and activist residing in Gaza.
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