Posts Tagged ‘human rights violations’

UN Human Rights Council Blasts US for Killing Civilians, Drone Attacks and Using Mercenaries

June 10, 2009

The UN group is also calling on the US to appoint a Special Prosecutor to investigate crimes by US officials.

By Jeremy Scahill, RebelReports, June 10, 2009

The UN Human Rights Council has issued a report blasting the US for killing civilians, violating human rights and creating a “zone of impunity” for unaccountable private contractors to fight its wars. The UN group also criticized the US use of drones to attack Pakistan. The report, released this week was authored by Philip Alston, the U.N. special rapporteur on extrajudicial, summary or arbitrary executions.

“First, the government has failed to track and make public the number of civilian casualties, or the conditions under which deaths occurred,” he said. “Second, the military justice system fails to provide ordinary people, including U.S. citizens and families of Iraqi and Afghan victims, basic information on the status of investigations into civilian casualties or prosecutions resulting therefrom.”

Alston called on the US to establish a national commission to investigate the killing of civilians and for the appointment of a Special Prosecutor to criminally investigate government officials accused of crimes.

“The government has failed to effectively investigate and punish lower-ranking soldiers for such deaths, and has not held senior officers responsible,” Alston said. “Worse, it has effectively created a zone of impunity for private contractors and civilian intelligence agents by only rarely investigating and prosecuting them.”

On the issue of drone attacks, Alston said, “Targeted killings carried out by drone attacks on the territory of other states are increasingly common and remain deeply troubling… The U.S. government should disclose the legal basis for such killings and identify any safeguards designed to reduce collateral civilian casualties and ensure that the government has targeted the correct person.”

According to Reuters:

U.S. diplomat Lawrence Richter objected to Alston’s remarks, saying the U.N. investigator did not have the mandate to cover military and intelligence operations related to armed conflict.

Richter told the Human Rights Council that the United States has an extensive legal framework to respond to unlawful killings and is doing all it can to provide information about the deaths that occur in its armed conflicts.

Alston, who is an Australian law professor, visited the United States last year, before Obama became president.

The Fujimori Verdict and the Justice Cascade: Ending Impunity

April 8, 2009

Scott Gilmore | The Huffington Post, April 8, 2009

“I governed from hell, not from the palace.”

With these fateful words, Alberto Fujimori closed his defense last Friday. After 491 days of trial – where a mountain of evidence tied Fujimori to a campaign of massacres, kidnapping and torture – the one-time Peruvian president claimed that he merely did his job: his policies were the product of Peru’s long and brutal counterinsurgency war. In the end, the argument failed him.

Today, a three-judge panel of the Peruvian Supreme Court handed down a 25-year sentence, marking the first time an elected head of state has been convicted of human rights violations in his own country.

The verdict was not a surprise. An air of culpability had surrounded Fujimori in the final sessions of the trial. Gone was the indignant “¡Soy inocente!” of the trial’s opening day – a phrase that became an instant viral ring-tone, percolating throughout Latin America. The denials were still intact, but the tone had changed. I was just defending my country from terrorists: History will judge me as one who saved his nation.

Somehow this all sounds very familiar. From Dick Cheney’s rhetorical stabs at President Obama’s stance on interrogation to Douglas Feith’s sniveling criticism of a criminal complaint filed in the Spanish National Court against him and other Bush-era officials, the ‘counterterrorism defense‘ is all the rage. But what government officials like Feith, Cheney, and Fujimori are asking for is a very dangerous thing. It’s impunity: the status of being above the law and immune from accountability.

History shows that impunity can be a far more insidious threat to a democracy than the dramatic shock of terrorism. The case of Peru is a prime example. Fujimori rose to power in 1990 on a promise of saving the country from economic crisis and political conflict. During his campaign, he was an almost comical, populist candidate who tooled around the streets of Lima on his bicycle, reveling to cries of “El Chino”. Once in power, he proved German political theorist Karl Schmitt’s dictum, “Sovereign is he who decides the exception.” [PDF, international relations flow chart]

Along with his spy chief – an alleged CIA asset with the Dracula-esque name Vladimir Montesinos – Fujimori created a parallel government with two objectives: to subvert the political opposition, via a blend of bribery and surveillance, and to destroy the Shining Path, by terrorizing its alleged base of supporters among the rural and urban poor. What followed for the next decade were two streams of crime whose waters converged.

Death squads carried out forced disappearances and massacres; intelligence agents wire-tapped telephones and set up covert cameras in the offices of activists, jurists, and elected officials. Human rights violations and corruption fed each other. Funds were required for black-ops and pay-offs. Laws needed to be overturned or eviscerated by interpretation. In 1992, Fujimori adopted a simpler measure: the self-coup. Ordering the army to close Congress and the Constitutional Court, Fujimori assumed dictatorial power. A semblance of democracy was eventually restored, but only once an amnesty law and a new, favorable Constitution had been drafted.

And so, the whole edifice of a Constitutional democracy was dragged down in the name of national defense. Once the contours of the parallel government were exposed, Peru dealt with the intellectual authors of this massive crime the way any legitimate democracy should: in its courts.

Today’s sentence against Fujimori is a victory against impunity, and a repudiation of the notion that government leaders are bound by no limits when it comes to national security. But even victories in the courts can be undone: Fujimori’s daughter Keiko – who earned an MBA at Colombia University – is a likely frontrunner in the 2011 elections. She has already promised to pardon her father if elected.

From a North American vantage point, we can only hope that the impact of the Fujimori trial will cascade throughout the Americas, from Central America – where the fledgling justice systems of countries like El Salvador, Guatemala and Honduras are beginning to reckon with a legacy of human rights abuse – to the United States, where all eyes are watching the White House, Congress and the Justice Department, waiting for the investigations to begin on the crimes of our own war on terrorism.

Taking Off the Blinders in the U.S.

March 28, 2009

By A.M. Khan | ZNet, March 28. 2009

A.M. Khan’s ZSpace Page


“There has been anti-Semitism, the Nazis, Hitler, Auschwitz but was that their [the Palestinians] fault? They only see one thing: We have come here and stolen their country.”

–David Ben-Gurion, one of the founders of Israel and the first Prime Minister

Now that Israel’s bombardment of Gaza is off the front page and the Gazans are left to deal with the aftermath outside of world media attention, it makes sense to step back and review how the Israel-Palestine conflict is depicted in U.S. mainstream media. This depiction shapes how the U.S. public views the recent events in Gaza. It also shapes how the public understands what constitutes a just resolution to the conflict.

The nature of U.S. mainstream media coverage of events in Gaza and of the Israel-Palestine conflict renders Americans grossly misinformed. U.S. media representations are largely absent of historical context and omit the fact that for decades Israel has committed human rights violations against the Palestinian people and occupied their land. The media lens in mainstream U.S. coverage (print and television) obscures core issues and creates a false framework of the conflict. In the U.S., the Israel-Palestine conflict is framed as “a cycle of violence” between two adversaries of equal power engaged since millennia in a conflict based on religious and ethnic difference.  Not a single element of this frame is true.

Myth Number 1: The conflict has been ongoing since millennia.

The conflict is less than 100 years old. Before 1900, Jews, Christians, and Muslims lived together in the Holy Land mostly peacefully in a quiet agrarian society. While some European Jews immigrated in the late 1800’s to what was then Ottoman Empire-controlled Palestine, their numbers were small. In 1917, as World War I was coming to a close, the British government became the colonial power in control of historic Palestine (the area known today as Israel, the West Bank, and the Gaza Strip). With the 1917 “Balfour Declaration” the British made clear their support for a Jewish state in Palestine. After 1917, immigration of European Jews to Palestine escalated, increasing each year as time wore on. Many of these new immigrants were in flight from anti-Semitism in Europe.

As the Nazis came to power in Germany in the early 1930’s and began their oppression and later genocide of European Jews, the numbers of European Jewish immigrants to Palestine increased dramatically. Through these early decades of the 20th century, between the British commitment to creating a Jewish state in Palestine and as more European Jews flooded in, tensions between the European newcomers and the native Palestinian Arabs began and increased over time. After the genocide and near annihilation of European Jewry by the Nazis during World War II, the movement to make a Jewish homeland in Historic Palestine found understandable sympathy. The fly in the ointment was the fact that another people already lived in that land.

In 1948 the state of Israel was established by these European Jewish immigrants, adherents of an ideology called “Zionism.” There were different opinions among Zionist leaders as to how to deal with the native Palestinian Arabs. Some advocated peaceful co-existence and others advocated dispossession and expulsion. There were also positions in between. In the end, the more regressive positions prevailed. In their writings, Zionist leaders like David Ben-Gurion, the first Prime Minister of Israel, were explicit and unapologetic about their aim to expel the native Palestinian Arabs and take their land.

The 1948 nation building of Israel was premised on dispossession of the natives, including a premeditated campaign of ethnic cleansing and massacre. In 1948, Zionist military forces expelled about 750,000 Palestinians from 78% of Historic Palestine into the West Bank, Gaza Strip, and exile abroad. After statehood, these Zionist forces became the Israeli army. In 1967, again through military means, Israel took control of the remaining 22% of historic Palestine (i.e., the West Bank and Gaza Strip). The Palestinians driven into the West Bank and Gaza Strip in 1948 (as well as those already there) came under Israeli military occupation in 1967, where they remain today 41 years later. Thus, in 1948 Israel proper was created on 78% of historic Palestine and since 1967 Israel has occupied the remaining 22% of historic Palestine.

Myth Number 2: The conflict is a cycle of violence between adversaries of similar power

The Israel-Palestine conflict is between two parties vastly unequal in power. Israel, the nuclear-armed occupier, has the fourth most powerful army in the world and cutting edge military weaponry. The Palestinians, an occupied and stateless people, are largely unarmed. The Palestinians have no army, no air force, no planes, no tanks, no gunships, and no nuclear weapons. This is why we see pictures of Palestinians throwing stones at tanks. If you possessed anything more powerful, would a stone really be your weapon of choice against a tank?

Myth Number 3: The conflict is based on religious and ethnic differences

The Israel-Palestine conflict is about possession and control of a small piece of land approximately the size of New Jersey. Israel believes itself entitled to all of the land because in the Bible God promised all of historic Palestine to the Jews. Since 1967, in violation of international law, Israel has moved 500,000 of its citizens into the West Bank. These settlers are connected to Israel through Israeli-only roads that crisscross the West Bank. West Bank Palestinians are not allowed to use these roads and must take circuitous routes on older roads in order to go around Israeli settlements, often adding hours to their journeys.

Regarding the “peace process,” Israel’s talk of making peace has been a rhetorical screen. Behind this screen each and every Israeli government since 1967,whether its flavor was left, right, or center, has continued the campaign begun in 1948, of land grab, human rights violations, and imprisonment of the Palestinians into multiple separate enclaves within the Occupied Territories of the West Bank and Gaza Strip. Since 1967 every Israeli government has continued a national construction project (based on a plan created in the late 1960’s by Labor Minister Yigal Allon)to separate, isolate, and enclose every Palestinian city and most towns and villages by surrounding them with Israeli settlements. Today, that project is essentially complete. In addition to the settlement building, Israel’s construction of the Wall (86% of which is in the West Bank rather than along the 1967 border) and ongoing annexation of land and water resources have created facts on the ground establishing Israel’s dominance over all of historic Palestine. Today, Israel’s mission of total dominance is near completion.

In 1988, the Palestine Liberation Organization (as representative of the Palestinian people) agreed to recognize Israel, forego claim to 100% of historic Palestine, and accept a nation on 22% of their original land (i.e., on the West Bank and Gaza Strip). Israel has never agreed to this. Israel has made clear that it wants a future Palestinian state to be a version of 80% of 22% of 100%. Such a “state” would be a non-contiguous series of disconnected cantons. Israel’s Wall cuts deep into the West Bank and incorporates into Israel West Bank settlements and aquifers. This is the desert after all, and water is treasure. The Wall and settlements segment the West Bank and make a contiguous Palestinian state unlikely, if not impossible. Israel also wants control over exit and entry from that 80% of 22% of 100%. An analogy for this: imagine that in each of the rooms of your house you can do as you wish but that someone with guns controls all the hallways between the rooms. Is this a viable structure for life?

What holds all this in place and allows it to continue is that Israel has the multibillion dollar per year financial support and diplomatic cover of the most powerful nation in history, the United States. The U.S. has agreed to provide Israel with $30 billion dollars in military aid over the next 10 years and has provided billions upon billions of dollars in aid to Israel in the past. For decades, Israel has been the largest recipient of U.S. foreign aid and receives one-third of the total U.S. foreign aid budget. The U.S., a veto-wielding member of the United Nations Security Council, has also vetoed each and every resolution put forward by the United Nations in response to Israel’s multiple violations of international law. In each of the U.N. votes on these resolutions against Israeli government actions, year after year, the U.S. and Israel (and a few small Pacific Island nations) stand alone against the rest of the international community in siding with Israel against international law and world opinion.

All of the facts above are available from easily accessible public sources. The facts are not in dispute. However, they have been obscured by a web of misinformation that hides the truth. Because the facts are what they are, when Israel is criticized, its proponents, who cannot rely on facts to support their cause, resort to personal attacks and charges of “anti-Semitism.” Their charges of anti-Semitism presuppose that all criticism of Israel as a state actor and all efforts to hold Israel, which is after all a nation state like any other, accountable for its actions are inherently anti-Semitic. When the truth cannot be bent to their narrative, proponents of Israeli government actions, no matter what those actions are, resort to the cudgel of anti-Semitism to silence and censor criticism of the actions of the state of Israel. So far, this method of silencing critics has proven highly effective in the U.S. Publicly criticizing Israel has cost academics their jobs and members of congress political office. These examples keep the rest of us in line as well.

Decades of misinformation and a mythical story (i.e., a land without a people for a people without a land), as well as the daily falsehoods we continue to be fed, can make the situation in Israel-Palestine seem more murky, complicated, and relativistic than it actually is.

When the American colonists were dispossessing the Native Americans, there was violent resistance. A people being dispossessed will resist. They resist because of their dispossession (not because they are crazy, evil, or filled with hate because of their religion). And, of course, violent native resistance hurts the occupier and harms innocents. However, when the occupier casts itself as the victim and says it is acting only in “self-defense” against native “attack”, it has turned logic on its head. Israel’s propaganda campaign over the last 41 years, casting itself as the only and perpetual victim, has been extremely successful in making this bizarre topsy-turvy spin seem logical and correct. It is yet another example of the effectiveness of saying the same thing over and over again until people start believing it is true.

There are many situations in history where two opposing perspectives are not of equal moral weight. The colonial campaign China continues in Tibet, the former British Empire’s actions around the globe, the apartheid system in South Africa, Belgium’s enslavement and killing of 10 million Congolese for natural resources, the genocide of the Jews by the Nazis, the genocide of the Armenians by Turkey all come to mind. The moral equation in Israel-Palestine is as simple and clear.

While discussion of U.S. national interest and geopolitical strategy take up much space in newspapers and conversation among the pundit class, the dimension of morality, the concern with doing the right thing, rarely enters our public discourse. In the end, the situation in the Occupied Territories of Gaza and the West Bank calls on our moral sense. It calls on our humanity, compassion, and sense of fairness. Our silence and complicity in Israel’s dispossession of the Palestinians and its ongoing human rights abuses over decades is a moral lapse of huge proportion.

Americans have a larger stake in this issue than citizens of other countries because we foot the bill to the tune of $8 million a day in aid to Israel. All of us who pay U.S. income taxes funded the recent atrocities in Gaza. We paid to drop white phosphorus on civilians. We paid to level homes, clinics, and schools. We paid to kill children and whole families as they slept in their beds. We are complicit in the bloodbath in Gaza. We are complicit in children starving to death laying next to their dead mothers buried in rubble as the International Red Cross documented in Gaza. We fund acts of state terror in which people watch their beloved daughter, son, father, mother be literally torn apart. We pay for a military machine that maims, kills, and holds captive an unarmed civilian population of men, women, and children, enclosing them in prison-like cantons within the West Bank and Gaza. For decades, we have been paying for the slow annihilation of a society and people who have done absolutely nothing to us.

So what can we do as individual citizens? Call your congresspeople to demand an even-handed U.S. policy in Israel-Palestine. Call the Obama White House to do the same. Learn about the growing Boycott, Divestment, Sanctions campaign against Israel (modeled on the anti-apartheid campaign against South Africa). Don’t buy Israeli products. Tell your local grocer you won’t shop there until they stop carrying Israeli products. Educate your neighbor. Educate yourself. Watch the documentary film “Occupation 101.” Read “The Ethnic Cleansing of Palestine” by Israeli historian Ilan Pappe. Read the writings of Palestinian intellectuals Edward Said and Rashid Khalidi. Go to www.endtheoccupation.org to find a political group in your area working for justice in Israel-Palestine. Most of all, do something. Do not be silent. Do not be complicit.

A.M. Khan is an Indian American psychologist by day and an activist and beginning documentary filmmaker by night. She welcomes correspondence on her work and can reached at: amkhan601@gmail.com.

U.S. Human Rights Abuses in the War on Terror

March 19, 2009

By Joanne Mariner |  Counterpunch, March 17

Since September 2001, the U.S. government has been directly responsible for a broad array of serious human rights violations in fighting terrorism, including torture, enforced disappearance, arbitrary detention, and unfair trials. In many instances, US abuses were carried out in collaboration other governments.

To cite one example—albeit a particularly notable one—Pakistan’s intelligence agencies worked closely with the CIA to “disappear” terrorist suspects, hold them in secret detention, and subject them to torture and other abuses.

With Barack Obama’s term as U.S. president, the U.S. approach to fighting terrorism has changed. The scope of the Obama administration’s reforms is not yet clear, but it is obvious that the new administration wants to rethink many of the policies that were instituted over the past eight years.

This change in the U.S. approach is long overdue. What is called for, however, is not only for the United States to reform its own abusive policies, but also for U.S. officials to try to counteract the negative influence of past policies worldwide. As a brief review of US counterterrorism efforts will suggest, the human rights impact of the US-led “war on terror” has been felt across the globe.

Collaboration and Assistance in U.S. “War on Terror” Operations

In carrying out post-9/11 “war on terror” operations—including the detention, interrogation, and transfer of terrorist suspects—the United States relied on the assistance of a broad array of countries, from close allies like Britain to pariah states like Syria.

A few states in this long list stand out. Among the leading partners of the United States in the “war on terror” were Pakistan, Afghanistan, and Jordan. Other countries that played a crucial role in facilitating abusive U.S. practices were Egypt, Thailand, Poland, and Romania.

Some governments carried out abuses at the behest of the United States, as a means of gaining U.S. favor or counterterrorism funding. More often, however, the collaboration was genuine, because the perceived interests of the two countries were aligned. Libya, for example, took custody of a number of Libyan nationals who were rendered to Libya by the CIA in 2004-2006. While the detention and interrogation of these men were deemed to serve U.S. interests, the Libyan authorities had independent reasons for wanting to hold them.

The forms of cooperation varied from intelligence sharing to prisoner transfers to allowing the U.S. to hold prisoners in secret detention on a country’s territory. It is worth noting that many of the countries that were most deeply implicated in abusive U.S. practices received millions of dollars in U.S. military and counterterrorism assistance.

Some governments adopted abusive practices in response to direct US pressure. Most notably, the US encouraged a number of countries to pass draconian counterterrorism laws, often laws that expand police powers, reduce due process guarantees, and set out vague and overbroad definitions of terrorism.

Leading by Negative Example

The negative global impact of US human rights abuses post-9/11 does not, however, end there. Besides direct collaboration and pressure, the US also led by example. Many governments latched onto the Bush administration’s “war on terror” arguments to justify their own abuses, particularly the notion that defeating terrorism trumps any countervailing human rights obligations.

As then-Justice Department official John Yoo expressed the idea in a March 2003 memo, abuses against suspected terrorists can be justified by reference to a “national and international version of the right to self-defense.” The torture of terrorist suspects, according to this rationale, may be deemed necessary and defensible because of the government’s overriding obligation “to protect the nation from attack.” When fighting terrorism, in other words, the stakes are so high that respect for human rights is optional.

While the United States is not the first government to put forward such arguments, its post-9/11 iteration of these views had tremendous global resonance. The political and economic power of the United States, its historical reputation as a defender of human rights, and the vehemence with which it expressed its positions on the “war on terror” all amplified the negative global impact of these views.

Repressive governments, always seeking rhetorical cover for their violations, were quick to adopt the language of counterterrorism to help shield their abuses from critical scrutiny. In Egypt, for example, the government specifically cited the “war on terrorism” and new security laws passed in the United States and elsewhere to justify the 2003 renewal of long-standing emergency powers.

The Bush Legacy

By closing Guantanamo, shutting down CIA prisons, and condemning rather than justifying torture, the new administration will have made enormous strides. It should know, nonetheless, that the global legacy of the past eight years may not be quick to disappear.

The prisoners that the United States handed over to Libya and Syria will still be held without charge; the repressive laws that were passed will remain on the statute books, and the example of U.S. abuses will not be easily forgotten. Not only should the U.S. reform its own practices, it should remedy their impact on the rest of the world.

Joanne Mariner is a human rights lawyer living in Paris.

UN Condemns Britain’s Role in Torture Cases

March 11, 2009

Calls for investigation over Government’s involvement in US rendition programme

by Robert Verkaik | The Independent, UK, March 10, 2009

Britain was condemned last night for its complicity in the American programme of rendition and alleged torture of hundreds of terror suspects, in a highly critical United Nations report.

[Binyam Mohamed, a British resident, returned to the UK after being held captive in the US detention centre at Guantanamo Bay, Cuba, for four years (PA)]Binyam Mohamed, a British resident, returned to the UK after being held captive in the US detention centre at Guantanamo Bay, Cuba, for four years (PA)

The UN Special Rapporteur Martin Scheinin said the US was only able to create its system for moving terror suspects around foreign jails because of the co-operation of allies, naming the UK alongside Pakistan, Indonesia, Kenya, Croatia, Bosnia and Herzegovina, Macedonia, Canada and Georgia.The report led to a clamour of calls for a full and independent investigation into the Government’s involvement in the detention and movement of suspects since the start of the “war on terror” eight years ago.

Mr Scheinin’s findings follow accusations made by British resident Binyam Mohamed, who claims to have evidence of MI5 telegrams sent to the CIA, which he says were used to direct his alleged torture during his 18-month detention in Morocco, before he was sent to the US detention camp at Guantanamo Bay. Some individuals faced “prolonged and secret detention” and practices which breached bans on torture and other forms of ill treatment, the report says.

“Evidence proves that Australian, British and US intelligence personnel have themselves interviewed detainees who were held incommunicado by the Pakistani secret intelligence service … where they were being tortured,” the report concludes. “UK intelligence personnel, for instance, conducted or witnessed just over 2,000 interviews in Afghanistan, Guantanamo Bay and Iraq.”

Mr Scheinin says countries are “responsible” if they help other states carry out human rights violations.

“Grave human rights violations by states such as torture, enforced disappearances or arbitrary detention should place serious constraints on policies of co-operation by states, including by their intelligence agencies, with states that are known to violate human rights,” he said. “The prohibition against torture is an absolute and peremptory norm of international law. States must not aid or assist in the commission of acts of torture … including by relying on intelligence information obtained through torture,”

The Liberal Democrat foreign affairs spokesman, Ed Davey, called on the Attorney General, Baroness Scotland, to make a decision now on whether to ask the police to investigate Mr Mohamed’s allegations. He added: “It is shameful that we now seem to be reliant on outside organisations to uphold the rule of law in our own country.”

The Conservative national security spokeswoman, Baroness Neville-Jones of Hutton Roof, said: “Constant allegations which are not answered are damaging the good name of this country and undermining the credibility of the Government’s position that it neither practises nor condones torture.”

Along with Romania, Poland, Germany and Italy, Britain is accused of using laws designed to protect national security to “conceal illegal acts from oversight bodies or judicial authorities, or to protect itself from criticism, embarrassment and – most importantly – liability”.

The Foreign Office said: “We unreservedly condemn any practice of ‘extraordinary rendition’ to torture. We have always condemned torture. The UK Government, including its intelligence and security agencies, never uses torture for any purpose, including obtaining information. Nor would we instigate action by others to do so.”

Peace in South Asia linked with Kashmir settlement: Shabbir Shah

March 3, 2009

Kashmir Media Watch, March 3, 2009

Srinagar, March 03 (KMS): In occupied Kashmir, the illegally detained senior leader of the All Parties Hurriyet Conference, Shabbir Ahmad Shah has said that peace will elude South Asia until the Kashmir dispute is resolved in accordance with Kashmiris’ aspirations.

Shabbir Ahmed Shah, in a statement issued from Srinagar Central Jail, said that the Kashmir dispute was the basic cause of tension between Pakistan and India. “The international community was evincing keen interest in Indo-Pak affairs after the neighbouring countries became nuclear powers as the Kashmir issue has become a potential threat to world peace,” he said.

The APHC leader strongly condemned the recent killing of two youth in Bomai by Indian troops and expressed solidarity with the families of deceased. He also articulated deep shock and outrage over the murder of Shabir Ahmad Sheikh of Maisuma and sympathised with his family.

Meanwhile, the APHC leaders, Zaffar Akbar Butt, Syed Salim Gilani and Abdul Rashid Untoo addressing public gatherings in Ganderbal, Budgam and Beerwah strongly condemned the human rights violations being perpetrated by Indian troops in occupied Kashmir. They also denounced the continued detention of a large number of pro-movement leaders and activists, demanding their immediate release. »

Israel accused of war crimes over 12-hour assault on Gaza village

January 18, 2009

White flags ignored and houses bulldozed with families inside, claim residents

Israel stands accused of perpetrating a series of war crimes during a sustained 12-hour assault on a village in southern Gaza last week in which 14 people died.

In testimony collected from residents of the village of Khuza’a by the Observer, it is claimed that Israeli soldiers entering the village:

• attempted to bulldoze houses with civilians inside;

• killed civilians trying to escape under the protection of white flags;

• opened fire on an ambulance attempting to reach the wounded;

• used indiscriminate force in a civilian area and fired white phosphorus shells.

If the allegations are upheld, all the incidents would constitute breaches of the Geneva conventions.

The denunciations over what happened in Khuza’a follow repeated claims of possible human rights violations from the Red Cross, the UN and human rights organisations.

The Israeli army announced yesterday that it was investigating “at the highest level” five other attacks against civilians in Gaza, involving two UN facilities and a hospital. It added that in all cases initial investigations suggested soldiers were responding to fire. “These claims of war crimes are not supported by the slightest piece of evidence,” said Yigal Palmor, an Israeli foreign ministry spokesman.

Concern over what occurred in the village of Khuza’a in the early hours of Tuesday was first raised by the Israeli human rights group B’Tselem. Although an Israeli military spokesman said he had “no information that this alleged incident took place”, witness statements collected by the Observer are consistent and match testimony gathered by B’Tselem.

There is also strong visible evidence that Khuza’a came under a sustained attack from tanks and bulldozers that smashed some buildings to pieces.

Pictures taken by photographer Bruno Stevens in the aftermath show heavy damage – and still burning phosphorus. “What I can tell you is that many, many houses were shelled and that they used white phosphorus,” said Stevens yesterday, one of the first western journalists to get into Gaza. “It appears to have been indiscriminate.” Stevens added that homes near the village that had not been hit by shell fire had been set on fire.

The village of Khuza’a is around 500 metres from the border with Israel. According to B’Tselem, its field researcher in Gaza was contacted last Tuesday by resident Munir Shafik al-Najar, who said that Israeli bulldozers had begun destroying homes at 2.30am.

When Rawhiya al-Najar, aged 50, stepped out of her house waving a white flag, so that the rest of the family could leave the house, she was allegedly shot by Israeli soldiers nearby.

The second alleged incident was on Tuesday afternoon, when Israeli troops ordered 30 residents to leave their homes and walk to a school in the village centre. After travelling 20 metres, troops fired on the group, allegedly killing three.

Further detailed accounts of what occurred were supplied in interviews given to a Palestinian researcher who has been working for the Observer, following the decision by Israel to ban foreign media from the Gaza Strip. Iman al-Najar, 29, said she watched as bulldozers started to destroy neighbours’ homes and saw terrified villagers flee from their houses as masonry collapsed.

“By 6am the tanks and bulldozers had reached our house,” Iman recalled. “We went on the roofs and tried to show we were civilians with white flags. Everyone was carrying a white flag. We told them we are civilians. We don’t have any weapons. The soldiers started to destroy the houses even if the people were in them.” Describing the death of Rawhiya, Iman says they were ordered by Israeli soldiers to move to the centre of the town. As they did, Israeli troops opened fire. Rawhiya was at the front of the group, says Iman.

Marwan Abu Raeda, 40, a paramedic working for the Nasser hospital in Khan Younis, said: “At 8am we received a phone call from Khuza’a. They told us about the injured woman. I went immediately. I was 60 or 70 metres away from the injured woman when the Israeli forces started to shoot at me.” As he drove into another street, he came under fire again. Twelve hours later, when Rawhiya was finally reached, she was dead.

Iman said she ended up in an area of rubble where a large group of people had sought cover in a deep hole among the debris of demolished houses. It is then, she says, that bulldozers began to push the rubble from each side. “They wanted to bury us alive,” she said.

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

Iran Shuts Office of Nobel Winner’s Rights Group

December 23, 2008

TEHRAN, Iran – Iranian authorities shut down the office of a human rights group led by Nobel Peace Prize winner Shirin Ebadi on Sunday as the group was preparing to honor a political activist who spent 17 years in prison in the Islamic republic.

[Iranian police have shut down the office of a human rights group headed by Nobel peace laureate Shirin Ebadi, seen here in her office, the deputy head of the Human Rights Defenders Centre, Narges Mohammadi, told AFP. (AFP/File/Atta Kenare)]Iranian police have shut down the office of a human rights group headed by Nobel peace laureate Shirin Ebadi, seen here in her office, the deputy head of the Human Rights Defenders Centre, Narges Mohammadi, told AFP. (AFP/File/Atta Kenare)

Iranian authorities banned Ebadi’s Center for Protecting Human Rights last year, but it had continued to operate from an office in the north of the capital, Tehran.Ebadi said police in uniform and plainclothes security officials raided and sealed the building where her group was working without presenting a warrant. No arrests were reported.

The semiofficial Mehr news agency reported that judiciary officials ordered the center’s closure because it did not have the required legal permits. A judiciary statement said the human rights center had issued statements that created an atmosphere “of media publicity against the establishment in recent years,” Mehr reported.

Ebadi said her group would continue its work despite the raid.

“Shutting down our offices won’t make us stop our human rights activities. We will meet again somewhere else and will continue to support the rights of activists and political prisoners,” she told The Associated Press.

Ebadi said recent reports by her group accusing the Iranian government of human rights violations might have prompted the crackdown. She said U.N. human rights representatives are not allowed to visit Iran but have seen the group’s reports and subsequently condemned what they called gross human rights violations.

In an annual report in May, Ebadi’s group said “freedom of speech and freedom of circulating information have further declined” since hard-line President Mahmoud Ahmadinejad took office in 2005.

Among her group’s work, it has campaigned for judicial reforms such as banning stoning and cutting off limbs as punishments for convicted criminals. It has also campaigned against executions of juvenile offenders.

Ebadi said the building authorities targeted Sunday was bought with money she received after winning the Nobel Peace Prize in 2003.

Ebadi, a lawyer and human rights and democracy campaigner, won the prize for efforts that included promoting the rights of women and children in Iran and worldwide. She is the first Iranian and Muslim woman to win the award.

“We will remain committed to defending the rights of defendants jailed for their political views and beliefs,” she said.

Her group had been planning to present an award Sunday to Taqi Rahmani, who spent a total of 17 years in jail after Iran’s 1979 Islamic revolution. Ebadi said he would be honored later.

Rahmani, 48, spent more than a third of his life in prison on vague charges of seeking to overthrow the ruling Islamic establishment. In 2005, Rahmani received an award from Human Rights Watch in recognition of the 17 years he spent imprisoned for his views.

Besides honoring Rahmani, Ebadi’s group had planned Sunday to mark the 60th anniversary of Human Rights Day.

Palestinian group says Israelis killed 68 children in Gaza in year

October 21, 2008

A prominent Palestinian human rights group says it has found evidence that 68 children were killed in the Gaza Strip in the 12 months to June this year as a result of “disproportionate and excessive lethal force” by the Israeli military.

The deaths are documented, with witness testimony, in a report published today by the Palestinian Centre for Human Rights. Many of the deaths resulted from an Israeli military incursion into Jabaliya, in eastern Gaza, in late February and early March, in which more than 100 Palestinians, at least half of them civilians, died in what Israel said was an operation to stop rockets being fired into southern Israeli towns.

Others were killed in smaller strikes before a ceasefire was reached in June between Gaza’s Hamas administration and Israel. Despite occasional breaches, the truce still holds. In the year to June, another 12 children were killed by Israeli troops in the West Bank.

The rights group said many of the deaths passed without investigation, and those internal Israeli military inquiries that were held did not meet international standards of independence and transparency.

Since the start of the second intifada in late 2000, around 4,800 Palestinians have been killed by the Israeli military, including nearly 900 children. More than 1,000 Israelis have been killed, including around 120 children.

The centre cited as one example an incident in April near the village of Juhor al-Dik, when a Reuters cameraman was killed by Israeli tank fire. The same tank shells killed two children: Ahmed Aaref Farajallah, 14, and Ghassan Abu Otaiwi, 17. The Israeli military said it investigated the incident and concluded that the tank crew reached a “reasonable conclusion” that the Palestinians gathered on the road were “hostile”, and said the decision to fire was “sound”.

The Israeli military did not respond to the criticisms last night, because of a Jewish religious holiday. However, it has in the past repeatedly defended its military actions in Gaza, saying it does not intentionally target civilians, and noting that Palestinian militants frequently fire from civilian areas.

The centre said the killing of unarmed civilians represented grave human rights violations, and called on Israel to establish an independent commission to investigate the deaths. It condemned Palestinian militant groups that recruited children to fight and said militants should not fire missiles from in or around residential areas.