Posts Tagged ‘Israel’

GAZA: The Attrition of Reason, Memory and Morality

February 3, 2009

Les Blough, Editor | AxisofLogic, Jan 28, 2009

The world can never really know thoroughness with which the Zionist killing machine ravaged Gaza and its people. Just as words and photographs can never really capture a beautiful mountain or ocean vista, no words or photographs can deliver the enormity of this war crime. One would need to have been there. Likewise, the world can never really know the numbers of Israeli soldiers killed and wounded by the indomitable Palestinian Resistance who were outgunned and out numbered by the killers. This is because the Zionist regime in Palestine are hiding the numbers of their own dead and wounded. Nor can we know the residual military strength and numbers of Hamas’ guerrilla fighters at this time. But of one thing we can be certain: the truly amazing spirit of the Palestinian Resistance has only been deepened in the people of Gaza and the West Bank.

Attrition of Reason: The Zionists and their Washington syncophants think that their war crimes in Afghanistan and Iraq have eclipsed and subsumed their war crimes in Gaza. They think the “shock and awe” of these wars have numbed all that is truly good in the people of the world. They think their lies and obfuscations have left people questioning their own native intelligence and judgement. They think these holocausts have rendered the masses helpless, without the reason, will, heart or morality to fight back. This has been their biggest mistake. Arrogance and ignorance are joined from birth, like hapless twins, at the hip. Thus, arrogance blindly oversteps itself – always. This is the greatest of all the strategic and tactical mistakes that are being made by the Zionists.

Attrition of Memory: The Zionists and their Washington backers knew there would be worldwide outrage at their revolting handiwork. They are counting on the world to forget and allow their crimes to fade, relegated to an historical footnote in their march toward full spectrum dominance of the Middle East. They think memory of their war crimes will be controlled and squirreled away in another rathole by their revisionist historians. They also think their slaughters at Sabra and Shatila in 1982, their massacre in Jenin in 2002, their bombardments of Lebanon in 2006, killing and maiming thousands, and many other attempts at ethnic cleansing – have been effectively obscured and buried by their revisionists. But none of it is forgotten; instead, each of their crimes has entered the world’s irrepressible collective memory and consciousness.

Attrition of Morality: Somehow, against the backdrop of millions killed and utter destruction in Iraq, the thousands maimed and killed and the destruction of the Gazan infrastructure looms bigger. The world’s moral outrage – not against the Jews – but against the “state” of Israel has lain dormant in the hearts and minds of people around the world for decades. The slaughter in Gaza has taken the lid off that cauldron of bitter dissent for the first time in 60 years. Not even the powerful, Zionist-controlled media in the United States has been able to suppress, by obfuscation and deception, these truths. Neither can the morality and righteous indignation of the world be cowed by the tiresome and deceptive charges of “anti-semitism” this time.

We will not cooperate with the attrition of reason, memory, morality on which the Zionists so much depend. We urge all honest alternative media to do everything possible to keep the details and impact of these atrocities fresh in the minds of the public. We will be doing our part to deny any fading memory or distortions of these war crimes – accusations of “Anti-semitism” be damned.

In her 23rd report from Gaza since the Zionists launched their attacks on December 27, Hiyam Noir bears witness to the destruction and misery inflicted upon the Gazans from air, sea and land in Palestine. Read her latest report on the devastation of the Al-Attatra village.

© Copyright 2009 by AxisofLogic.com

Under the Black Flag: Israeli War Crimes

February 3, 2009

By URI AVNERY | Counterpunch, Feb 2, 2009

A Spanish judge has instituted a judicial inquiry against seven Israeli political and military personalities on suspicion of war crimes and crimes against humanity. The case: the 2002 dropping of a one ton bomb on the home of Hamas leader Salah Shehade. Apart from the intended victim, 14 people, most of them children, were killed.

For those who have forgotten: the then commander of the Israeli Air Force, Dan Halutz, was asked at the time what he feels when he drops a bomb on a residential building. His unforgettable answer: “A slight bump to the wing.” When we in Gush Shalom accused him of a war crime, he demanded that we be put on trial for high treason. He was joined by the Prime Minister, Ariel Sharon, who accused us of wanting to “turn over Israeli army officers to the enemy”. The Attorney General notified us officially that he did not intend to open an investigation against those responsible for the bombing.

I should be happy, therefore, that at long last somebody is ready to put that action to a judicial test (even if he seems to have been thwarted by political pressure.) But I am sorry that this has happened in Spain, not in Israel.

* * *

ISRAELI TV VIEWERS have lately been exposed to a bizarre sight: army officers appearing with their faces hidden, as usual for criminals when the court prohibits their identification. Pedophiles, for example, or attackers of old women.

On the orders of the military censors, this applies to all officers, from battalion commanders down, who have been involved in the Gaza war. Since the faces of brigade commanders and above are generally known, the order does not apply to them.

Immediately after the cease-fire, the Minister of Defense, Ehud Barak, promoted a special law that would give unlimited backing by the state to all officers and soldiers who took part in the Gaza war and who might be accused abroad of war crimes. This seems to confirm the Hebrew adage: “On the head of the thief, the hat is burning”.

* * *

I DO NOT object to trials abroad. The main thing is that war criminals, like pirates, should be brought to justice. It is not so important where they are caught. (This rule was applied by the State of Israel when it abducted Adolf Eichmann in Argentina and hanged him in Israel for heinous crimes committed outside the territory of Israel and, indeed, before the state even existed.)

But as an Israeli patriot, I would prefer suspected Israeli war criminals to be put on trial in Israel. That is necessary for the country, for all decent officers and soldiers of the Israeli army, for the education of future generations of citizens and soldiers.

There is no need to rely on international law alone. There are Israeli laws against war crimes. Enough to mention the immortal phrase coined by Justice Binyamin Halevy, serving as a military judge, in the trial of the border policemen who were responsible for the 1956 massacre in Kafr Kassem, when dozens of children, women and men were mown down for violating a curfew which they did not even know about.

The judge announced that even in wartime, there are orders over which flies “the black flag of illegality”. These are orders which are “manifestly” illegal – that is to say, orders which every normal person can tell are illegal, without having to consult a lawyer.

War criminals dishonor the army whose uniform they wear – whether they are generals or common soldiers. As a combat soldier on the day the Israeli Defense Army was officially created, I am ashamed of them and demand that they be cast out and be put on trial in Israel.

My list of suspects includes politicians, soldiers, rabbis and lawyers.

* * *

THERE IS not the slightest doubt that in the Gaza war, crimes were committed. The question is to what extent and by whom.

Example: the soldiers call on the residents of a house to leave it. A woman and her four children come out, waving white handkerchiefs. It is absolutely clear that they are not armed fighters. A soldier in a near-by tank stands up, points his rifle and shoots them dead at short range. According to testimonies that seem to be beyond doubt, this happened more than once.

Another example: the shelling of the United Nations school full of refugees, from which there was no shooting – as admitted by the army, after the original pretexts were disproved.

These are ”simple” cases. But the spectrum of cases is far wider. A serious judicial investigation has to start right from the top: the politicians and senior officers who decided on the war and confirmed its plans must be investigated about their decisions. In Nuremberg it was laid down that the starting of a war of aggression is a crime.

An objective investigation has to find out whether the decision to start the war was justified, or if there existed another way of stopping the launching of rockets against Israeli territory. Without doubt, no country can or should tolerate the bombing of its towns and villages from beyond the border. But could this be prevented by talking with the Gaza authorities? Was our government’s decision to boycott Hamas, the winner of the democratic Palestinian elections, the real cause of this war? Did the imposition of the blockade on a million and a half Gaza Strip inhabitants contribute to the launching of the Qassams? In brief: were the alternatives considered before it was decided to start a deadly war?

The war plan included a massive attack on the civilian population of the Strip. The real aims of a war can be understood less from the official declarations of its initiators, than from their actions. If in this war some 1300 men, women and children were killed, the great majority of whom were not fighters; if about 5000 people were injured, most of them children; if some 2500 homes were partly or wholly destroyed; if the infrastructure of life was totally demolished – all this clearly could not have happened accidentally. It must have been a part of the war plan.

The things said during the war by politicians and officers make it clear that the plan had at least two aims, which might be considered war crimes: (1) To cause widespread killing and destruction, in order to “fix a price tag”. “to burn into their consciousness”, “to reinforce deterrence”, and most of all – to get the population to rise up against Hamas and overthrow their government. Clearly this affects mainly the civilian population. (2) To avoid casualties to our army at (literally) any price by destroying any building and killing any human being in the area into which our troops were about to move, including destroying homes over the heads of their inhabitants, preventing medical teams from reaching the victims, killing people indiscriminately. In certain cases, inhabitants were warned that they must flee, but this was mainly an alibi-action: there was nowhere to flee to, and often fire was opened on people trying to escape.

An independent court will have to decide whether such a war-plan is in accordance with national and international law, or whether it was ab initio a crime against humanity and a war-crime.

This was a war of a regular army with huge capabilities against a guerrilla force. In such a war, too, not everything is permissible. Arguments like “The Hamas terrorists were hiding within the civilian population” and “They used the population as human shields” may be effective as propaganda but are irrelevant: that is true for every guerrilla war. It must be taken into account when a decision to start such a war is being considered.

In a democratic state, the military takes its orders from the political establishment. Good. But that does not include “manifestly” illegal orders, over which the black flag of illegality is waving. Since the Nuremberg trials, there is no more room for the excuse that “I was only obeying orders”.

Therefore, the personal responsibility of all involved – from the Chief of Staff, the Front Commander and the Division Commander right down to the last soldier – must be examined. From the statements of soldiers one must deduce that many believed that their job was “to kill as many Arabs as possible”. Meaning: no distinction between fighters and non-fighters. That is a completely illegal order, whether given explicitly or by a wink and a nudge. The soldiers understood this to be “the spirit of the commander”.

Continued >>

Fidel Castro attacks Obama over Gaza

February 2, 2009
Al Jazeera, Jan 31, 2009

Castro says the US should return the naval base at Guantanamo Bay to Cuba [AFP]

Fidel Castro, the former Cuban president, has attacked Barack Obama, the US president, accusing him of supporting “Israeli genocide” against the  Palestinians.

Castro, who had recently praised Obama as “honest” and “noble”, said in a column posted on a government website that Obama was continuing the policies of George Bush, his predecessor, by supporting Israel.

The former Cuban leader, who was succeeded by his brother Raul as president in February, accused the US of having enabled Israel to become an “important nuclear power”.

He also accused the US of giving Israel military aid with which it “threatens extreme violence against the population of all the Muslim countries”.

Castro highlighted statements made by the Obama administration that reiterated its strong support for Israel, which recently carried out a 22-day assault on Gaza in which more than 1,300 Palestinians were killed.

Obama has repeatedly reiterated his strong support for Israel’s right to defend itself against rocket attacks by Palestinian fighters.

Guantanamo claim

Fidel Castro also criticised Obama for suggesting Cuba would have to make concessions before it considers returning the territory of the US naval base at Guantanamo Bay.

“Maintaining a military base in Cuba against the will of the people violates the most elemental principles of international law,” Castro said.

“Not respecting Cuba’s will is an arrogant act and an abuse of immense power against a little country,” he added.

Cuba indefinitely leased Guantanamo to the US in 1903 after the US occupied the country during the 1898 Spanish-American War.

Castro has claimed that the base at the south-eastern tip of Cuba was taken over illegally.

Obama said during his election campaign he was willing to consider holding talks with nations with poor relations with the US, such as Cuba and Iran.

Israel and the Bomb

January 31, 2009

The Calculus of Death

By Jules Rabin | Counterpunch, January 31 / February 1, 2009

Can Israel be trusted with the nuclear bombs it steadfastly refuses to admit owning?

On the evidence of events in Gaza, I think not. Here’s why.

In the last week of December, when Israel lost patience over a series of rocket attacks from Gaza that killed three Israelis in as many days, on top of 25 more who had been killed in the same manner in the eight years preceding, the Israeli armed forces retaliated with sustained and overwhelming attacks on the entirety of densely populated Gaza.

Under intense Israeli bombardment and tank fire, over 1,300 Gazans, a third of them children, were killed in the 21 days of the Israeli onslaught — a stunningly great number of them under circumstances that have opened Israel to charges of committing war crimes.

Mark the ratio: 1,300 Palestinian lives, fighters and civilians, taken in skewed payment for the original three Israelis, whose deaths were the proximate cause — call it the last straw after eight years of rocket attacks from Gaza — of the assault on Gaza.

And mark the overwhelming swiftness of the reaction. It took Israel a mere 22 days to present the people of Gaza with a definitive version of the type of blunt lesson that the Hamas government of Gaza had been trying for eight years of intermittent rocket attacks to teach Israel.

With those ratios in mind — the 1,300 Palestinian deaths achieved in 22 days and the 28 Israeli deaths inflicted in eight years — it’s fair to ask how might an Israel in possession of an arsenal of nuclear weapons react if instead of a ragtag force of guerillas like that of Hamas it were threatened by a modern army like its own, equipped with tanks and attack jets. If, say, as happened with Gaza, a major Israeli city were to undergo an assault of 22 days duration that turned a great part of it into rubble, and caused a thousand Israeli deaths.

On the showing of the overwhelming scale of its punitive assault on Gaza, could we expect Israel to show restraint — nuclear restraint — in the event of an assault by an armed force more nearly matching its own? When there is no other lesson on earth, militarily speaking, that can be taught as swiftly and conclusively as the one the nuclear bomb teaches?

In the calculus of death, how many lives of the “other” will the taking of the life of a single Israeli, or three, or a thousand, be worth, finally, tomorrow and the next day and the last day of all?

Jules Rabin is a writer, political critic, and longtime resident of Marshfield, Vermont.

Holbrooke: Insensitive Choice for a Sensitive Region

January 31, 2009

by Stephen Zunes | Foreign Policy In Focus, January 31, 2009

Obama’s choice for special envoy to Afghanistan and Pakistan, arguably the most critical area of U.S. foreign policy, is a man with perhaps the most sordid history of any of the largely disappointing set of foreign policy and national security appointments.

Richard Holbrooke got his start in the Foreign Service during the 1960s, in the notorious pacification programs in the Mekong Delta of South Vietnam. This ambitious joint civilian-military effort not only included horrific human rights abuses but also proved to be a notorious failure in curbing the insurgency against the U.S.-backed regime in Saigon. This was an inauspicious start in the career of someone Obama hopes to help curb the insurgency against the U.S.-backed government in Afghanistan.

In Asia

In the late 1970s, Holbrooke served as assistant secretary of State for East Asian and Pacific Affairs. In this position, he played a major role in formulating the Carter administration’s support for Indonesia’s occupation of East Timor and the bloody counterinsurgency campaign responsible for up to a quarter-million civilian deaths. Having successfully pushed for a dramatic increase in U.S. military aid to the Suharto dictatorship, he then engaged in a cover-up of the Indonesian atrocities. He testified before Congress in 1979 that the mass starvation wasn’t the fault of the scorched-earth campaign by Indonesian forces in the island nation’s richest agricultural areas, but simply a legacy of Portuguese colonial neglect. Later, in reference to his friend Paul Wolfowitz, then the U.S. ambassador to Indonesia, Holbrooke described how “Paul and I have been in frequent touch to make sure that we keep [East Timor] out of the presidential campaign, where it would do no good to American or Indonesian interests.”

In a particularly notorious episode while heading the State Department’s East Asia division, Holbrooke convinced Carter to release South Korean troops under U.S. command in order to suppress a pro-democracy uprising in the city of Kwangju. Holbrooke was among the Carter administration officials who reportedly gave the OK to General Chun Doo-hwan, who had recently seized control of the South Korean government in a military coup, to wipe out the pro-democracy rebels. Hundreds were killed.

He also convinced President Jimmy Carter to continue its military and economic support for the Marcos dictatorship in the Philippines.

At the UN

Holbrooke, as the U.S. ambassador to the United Nations in the late 1990s, criticized the UN for taking leadership in conflict resolution efforts involving U.S. allies, particularly in the area of human rights. For example, in October 2000 he insisted that a UN Security Council resolution criticizing the excessive use of force by Israeli occupation forces against Palestinian demonstrators revealed an unacceptable bias that put the UN “out of the running” in terms of any contributions to the peace process.

As special representative to Cyprus in 1997, Holbrooke unsuccessfully pushed the European Union to admit Turkey, despite its imprisonment of journalists, its ongoing use of the death penalty, its widespread killing of civilians in the course of its bloody counter-insurgency war in its Kurdish region, and other human rights abuses.

In the Former Yugoslavia

Holbrooke is perhaps best known for his leadership in putting together the 1995 Dayton Accords, which formally ended the conflict in Bosnia-Herzegovina. Though widely praised in some circles for his efforts, Holbrooke remains quite controversial for his role. For instance, the agreement allows Bosnian Serbs to hold on to virtually all of the land they had seized and ethnically cleansed in the course of that bloody conflict. Indeed, rather than accept the secular concept of national citizenship that has held sway in Europe for generations, Holbrooke helped impose sectarian divisions that have made the country – unlike most of its gradually liberalizing Balkan neighbors – unstable, fractious, and dominated by illiberal ultra-nationalists.

As with previous U.S. officials regarding their relations with Iraq’s Saddam Hussein and Panama’s Manuel Noriega, Holbrooke epitomizes the failed U.S. policy toward autocratic rulers that swings between the extremes of appeasement and war. For example, during the 1996 pro-democracy uprising in Serbia Holbrooke successfully argued that the Clinton administration should back Milosevic, in recognition of his role in the successful peace deal over Bosnia, and not risk the instability that might result from a victory by Serb democrats. Milosevic initially crushed the movement. In response to increased Serbian oppression in Kosovo just a couple years later, however, Holbrooke became a vociferous advocate of the 1999 U.S.-led bombing campaign, creating a nationalist reaction that set back the reconstituted pro-democracy movement once again. The pro-democracy movement finally succeeded in the nonviolent overthrow of the regime, following Milosevic’s attempt to steal the parliamentary elections in October 2000, but the young leaders of that movement remain bitterly angry at Holbrooke to this day.

Scott Ritter, the former chief UN Special Commission (UNSCOM) inspector who correctly assessed the absence of weapons of mass destruction in Iraq and predicted a disastrous outcome for the U.S. invasion, observes that “not only has he demonstrated a lack of comprehension when it comes to the complex reality of Afghanistan (not to mention Pakistan), Holbrooke has a history of choosing the military solution over the finesse of diplomacy.” Noting how the Dayton Accords were built on the assumption of a major and indefinite NATO military presence, which would obviously be far more problematic in Afghanistan and Pakistan than in Europe, Ritter adds: “This does not bode well for the Obama administration.”

Ironically, back in 2002-2003, when the United States had temporarily succeeded in marginalizing Taliban and al-Qaeda forces, Holbrooke was a strong supporter of redirecting American military and intelligence assets away from the region in order to invade and occupy Iraq. Obama and others presciently criticized this reallocation of resources at that time as likely to lead to the deterioration of the security situation in the country and the resurgence of these extremist groups.

It’s unclear, then, why Obama would choose someone like Holbrooke for such a sensitive post. Indeed, it’s unclear as to why – having been elected on part for his anti-war credentials – Obama’s foreign policy and national security appointments have consisted primarily of such unreconstructed hawks. Advocates of a more enlightened and rational foreign policy still have a long row to hoe.

Stephen Zunes is Middle East editor for Foreign Policy In Focus. He is a professor of Politics at the University of San Francisco and the author of Tinderbox: U.S. Middle East Policy and the Roots of Terrorism (Common Courage Press, 2003.)

Turks hail PM after bust-up with Peres

January 31, 2009

The Morning Star

(Friday 30 January 2009)
Supporters of Turkish PM Recep Tayyip Erdogan awaiting his arrival at Ataturk airport in Istanbul.

DELIGHTED: Supporters of Turkish PM Recep Tayyip Erdogan awaiting his arrival at Ataturk airport in Istanbul.

THOUSANDS of Turks welcomed their prime minister home on Friday with chants of “Turkey is proud of you” after he publicly confronted the Israeli president over the bloody Gaza onslaught.

Prime Minister Recep Tayyip Erdogan’s intervention at the World Economic Forum in Davos also won praise in Gaza, where Turkish flags fluttered from a ruined mosque.

Mr Erdogan was greeted by a jubilant crowd of more than 5,000 supporters, many waving Turkish and Palestinian flags, who had flooded Istanbul’s airport when his plane from Davos touched down at about 2am.

The dispute about Israel’s offensive against Gaza took place at a panel discussion in Davos on Thursday. Israeli President Shimon Peres launched into a 25-minute defence of Tel Aviv’s attack on the coastal enclave, jabbing his finger repeatedly at Mr Erdogan.

“The tragedy of Gaza is not Israel. It is Hamas. They created a dictatorship, a very dangerous one,” he screamed.

After Mr Peres’s intervention had won applause, Mr Erdogan said: “I find it very sad that people applaud what you have said because many people have been killed.

“Mr Peres, you are older than me. Your voice is too loud,” he said, suggesting that his emotion betrayed a guilty conscience.

The session moderator cut Mr Erdogan off in mid-sentence, prompting the Turkish premier to walk out, declaring that he would never return to Davos.

In the Gaza refugee camp of Jebaliya, Turkish flags decorated the ruins of a local mosque that had been destroyed by Israeli air strikes. On the Egyptian side of the Gaza border, over two dozen lorries loaded with food, medicines and commercial goods remain stranded because Tel Aviv refuses to open the crossings.

The UN launched an emergency appeal on Thursday for $613 million (£440m) to help Palestinians rebuild, but UN officials on the ground warned that this would be useless if Israel continues to bar aid from entering Gaza.

John Ging, the top UN official in Gaza, said: “The ordinary people here in Gaza are not getting enough help and are not getting it quickly enough,” demanding that the border crossings be opened.

“There are thousands of tons of assistance generously donated, sitting in Egypt, Jordan and also in the ports in Israel,” Mr Ging reported, adding: “That aid should be right here, right now, helping the people who need it.”

Avi Shlaim: The newspeak of Israeli propagandists

January 26, 2009

What Uri Dromi says about Hamas is pure and poisonous Israeli propaganda (This Hamas hallucination, 23 January). In every respect his article is almost the exact opposite of the truth. Dromi claims that: “The Orwellian mindset of the organisation is as much a barrier to peace as the rockets it fires.” But it is the newspeak of Israeli propagandists like Dromi that is truly Orwellian.

Over the last four weeks the powerful Israeli propaganda machine has been churning out lie after lie about Hamas in order to excuse its own inexcusable onslaught. Israel stopped journalists going into Gaza, preventing any independent reporting on the war crimes its forces were committing. Truth is usually the first casualty in war. Gaza was not even a war in the conventional sense of the word; it was one-sided carnage.

Here are some of the facts Dromi ignores or wilfully misrepresents. First, Hamas is the democratically elected government of the Palestinian people, not the corrupt regime led by Mahmoud Abbas. Second, Hamas spokesmen have repeatedly declared their readiness for a long-term ceasefire. Khalid Mish’al recently did so on these pages (Comment, 6 January). Third, Hamas has a solid record of observing ceasefires, while Israel has a consistent record of sabotaging them. Fourth, even during the ceasefire Israel did not lift its economic blockade of the 1.5 million inhabitants of Gaza, a form of collective punishment forbidden by international law. Fifth, the offensive unleashed in Gaza was illegal, immoral and unnecessary. If all Israel wanted was to stop rocket attacks from Gaza, all it had to do was to observe the ceasefire brokered by Egypt in June 2008.

Professor Avi Shlaim
Oxford

International Law and Israel’s War on Gaza

January 25, 2009

by Francis A. Boyle

Global Research, January 24, 2009

mwcnews.net

When the Oslo Document was originally presented by the Israeli government to the Palestinian Delegation to the Middle East Peace Negotiations in the Fall of 1992, it was rejected by the Delegation because it obviously constituted a bantustan. This document carried out Menachem Begin’s disingenuous misinterpretation of the Camp David Accords–expressly rejected by U.S. President Jimmy Carter–that all they called for was autonomy for the people and not for the land too.

Soon thereafter, unbeknownst to the Delegation and to almost everyone else, the Israeli government opened up a secret channel of negotiations in Norway. There the Israeli government re-presented the document that had already been rejected by the Palestinian Delegation in Washington, D.C. It was this document, with very minor modifications, that was later signed at the White House on 13 September 1993.

Before the signing ceremony, I commented to a high-level official of the Palestine Liberation Organization: “This document is like a straight-jacket. It will be very difficult to negotiate your way out of it.” This PLO official agreed with my assessment and responded: “Yes, you are right. It will depend upon our negotiating skill.”

Of course I have great respect for Palestinian negotiators. They have done the best they can negotiating in good faith with the Israeli government that has been invariably backed up by the United States. But there has never been any good faith on the part of the Israeli government either before, during or after Oslo. Ditto for the United States.

Even if Oslo had succeeded, it would have resulted in the imposition of a bantustan upon the Palestinian People. But Oslo has run its course! Therefore, it is my purpose here today to chart a NEW DIRECTION for the Palestinian People to consider.

An agenda for an international legal response:

First, we must immediately move for the de facto suspension of Israel throughout the entirety of the United Nations System, including the General Assembly and all U.N. subsidiary organs and bodies. We must do to Israel what the U.N. General Assembly has done to the genocidal rump Yugoslavia and to the criminal apartheid regime in South Africa! Here the legal basis for the de facto suspension of Israel at the U.N. is quite simple:

As a condition for its admission to the United Nations Organization, Israel formally agreed to accept General Assembly Resolution 181 (II) (1947) (partition/Jerusalem trusteeship) and General Assembly Resolution 194 (III) (1948) (Palestinian right of return), inter alia. Nevertheless, the government of Israel has expressly repudiated both Resolution 181 (II) and Resolution 194 (III). Therefore, Israel has violated its conditions for admission to U.N. membership and thus must be suspended on a de facto basis from any participation throughout the entire United Nations System.

Second, any further negotiations with Israel must be conducted on the basis of Resolution 181 (II) and its borders; Resolution 194 (III); subsequent General Assembly resolutions and Security Council resolutions; the Third and Fourth Geneva Conventions of 1949; the 1907 Hague Regulations; and other relevant principles of public international law.

Third, we must abandon the fiction and the fraud that the United States government is an “honest broker.” The United States government has never been an honest broker from well before the very outset of these negotiations in 1991. Rather, the United States has invariably sided with Israel against the Palestinians. We need to establish some type of international framework to sponsor these negotiations where the Palestinian negotiators will not be subjected to the continual bullying, threats, harassment, intimidation and outright lies perpetrated by the United States government.

Fourth, we must move to have the U.N. General Assembly impose economic, diplomatic, and travel sanctions upon Israel pursuant to the terms of the Uniting for Peace Resolution (1950), whose Emergency Special Session on Palestine is now in recess.

Fifth, the Provisional Government of the State of Palestine must sue Israel before the International Court of Justice in The Hague for inflicting acts of genocide against the Palestinian People in violation of the 1948 Genocide Convention!

Sixth, An International Criminal Tribunal for Israel (ICTI) can be established by the UN General Assembly as a “subsidiary organ” under article 22 of the UN Charter. Article 22 of the UN Charter states the UN General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions. The purpose of the ICTI would be to investigate and Prosecute suspected Israeli war criminals for offences against the Palestinian people.

On January 4, 2009, Nobel Peace Laureate, Mairead Maguire wrote to the UN Secretary General, Ban Ki-Moon and Father Miguel D’Escoto President of United Nations General assembly adding her voice to the many calls from International Jurists, Human rights Organizations, and individuals, for the UN General Assembly to seriously consider establishing an International Criminal Tribunal for Israel in view of the ongoing Israeli atrocities against the people of Gaza and Palestine.

Francis A. Boyle is Professor of International Law at the University of Illinois. He was Legal Advisor to the Palestinian Delegation to the Middle East Peace Negotiations (1991-93)

Reasons for War?

January 25, 2009

Livni’s Bombs

By Saul Landau | Counterpunch, January 23 / 25, 2009

On January 18, Israel and Hamas agreed to a weeklong cease-fire. Prime Minister Olmert declared Israel had achieved its objectives. “Hamas was hit hard, in its military arms and in its government institutions. Its leaders are in hiding and many of its men have been killed,” said Olmert.

More than 1,100 [1,300] Palestinians lay dead, more than a third women and children, countless more wounded and Gaza’s physical infrastructure destroyed or badly damaged. 13 Israelis died. Hamas still rules Gaza – from within, but has no control of its borders – and presumably can still smuggle weapons in from Egypt.

The truce is beyond shaky as President Obama takes office with an unqualified “I support Israel” policy and a core of Israeli kiss asses for advisers (Dennis Ross and Martin Indyk as examples).

The world witnessed another stupid and lopsided war in which Israel delivered deadly round of rockets and bombs into civilian neighborhoods in Gaza. As people shook their heads in disgust and bewilderment, NY Times columnist Thomas Friedman explained the two possibilities: “If Israel is trying to eradicate Hamas or trying to educate Hamas, by inflicting a heavy death toll on Hamas militants and heavy pain on the Gaza population. If it is out to destroy Hamas, casualties will be horrific and the aftermath could be Somalia-like chaos. If it is out to educate Hamas, Israel may have achieved its aims.”

A small price to pay — 1,400 dead – to learn an important lesson! Obviously the newly educated but now less numerous Palestinians will shout “Never again” as their slogan opposing Hamas in the next elections in Gaza thus showing that they “understand the consequences of previously voting for Hamas.” (Jan. 14)

Friedman also labeled Bush’s invasion of Iraq “the most noble act of US foreign policy since the Marshall Plan.” (NY Times, Nov. 30, 2003)

In 2006, Friedman praised Israel for successfully teaching a lesson by bombing and killing 1,000 plus Lebanese. “Israel’s counterstrategy was to use its Air Force to pummel Hezbollah and, while not directly targeting the Lebanese civilians with whom Hezbollah was intertwined, to inflict substantial property damage and collateral casualties on Lebanon at large. It was not pretty, but it was logical. Israel basically said that when dealing with a nonstate actor, Hezbollah, nested among civilians, the only long-term source of deterrence was to exact enough pain on the civilians — the families and employers of the militants — to restrain Hezbollah in the future.”

One problem emerged with Friedman’s logic: Hezbollah emerged far stronger from the 2006 Israeli invasion; Israel much weaker.

Luckily, fanatic Arab militants seem to reject Friedman’s pedagogical method. Imagine, if they began to teach Jews around the world a similar lesson about the violent consequences that would result from supporting Israel! Imagine Friedman’s equivalent writing for the Nazi propaganda machine explaining how killing civilians in London, Leningrad or Warsaw would educate those supporting resistance to the folly of their loyalties!

The Friedman clones on op-ed pages and print and TV newsrooms throughout the West allows Israeli propaganda to prevail. But not as much as previously!

In a McClatchy/Ipsos poll of 1000 Americans adults, 44% supported Israel’s use of force, and 44% blamed Hamas for the Israeli invasion. Only 14% thought Israel had started the conflict. 57% thought Hamas was using excessive force, while only 36%, Israel. (LA Daily News, 1/14/09)

The media mostly omitted coherent history of Israel occupying Gaza after the 1967 Six-Day War and its subsequent illegal occupation of the territory; or that the UN has repeatedly demanded in resolutions that Israel withdraw. After Hamas won the 2006 Gaza elections, Israeli authorities stopped delivering tax revenues on imports that the Gaza government needed to pay bills and police.

Israeli blockaded the Gaza border – an act of war under international law. This provoked the rocket firings into Israel, most of them missing human targets. Simultaneously, Israelis fired missiles into Gaza killing and wounding far more people than the inaccurate Palestinian missiles. The Israeli blockade stopped medical supplies as well, leading to more death and disaster.

The US press didn’t print the most outrageous pro Israel statements.

At a rally in New York, reported Max Blumenthal, “a man held a banner reading, ‘Islam Is A Death Cult.’” Some rally-goers “called for Israel to “wipe them [people of Gaza] all out.” (Alternet, Jan 13)

Avigdor Lieberman, leader of Israel Beiteinu, which polls say will soon be Israel’s fourth largest party, demanded in a university speech in Israel that bombing in Gaza continue until Hamas “loses the will to fight.” Lieberman continued: “We must continue to fight Hamas just like the United States did with the Japanese in World War II.” (Jerusalem Post,January 13, 2009)

Instead of reading such statements, the US public got regurgitated reports about Israeli leaders courageously removing troops and settlers from Gaza in 2005. Surprise! On New Year’s Eve CNN asked: who broke the June 2008 ceasefire that led to Israel’s bombardment of Gaza? Mustafa Barghouti got air time. In 2005, this Palestinian physician got almost 20% of the vote for President of the Palestinian National Authority against Mahmoud Abbas. “The world press,” he declared, “is overwhelmed with the Israeli narrative, which is incorrect. The Israeli spokespersons have been spreading lies.”

Barghouti charged that “Israel started attacking Hamas, and never lifted the blockade on Gaza.” CNN’s Rick Sanchez then said he had confirmed Barghouti’s version of the facts. Israel, not Hamas had started the war.

A NY Times columnist (Nicholas Kristoff, January 8), a Wall St. Journal writer (George Bisharat, January 10) and Time (January 8) also questioned Israel’s behavior. (“Why Israel can’t win”)

Until Israel began its Gaza massacre, US and mainstream Israeli media have accepted as axiomatic that Hamas means “terrorists.” Reporters have repeated the line about Hamas using Gaza residents as “human shields” after launching missiles targeting innocent Israelis. Humane and very patient Israel had no choice but to bomb the bejeezus (or the bemohammed) out of the “military installations” — homes, clinics, refugee camps and schools as examples. Israelis naturally feel terrible about the thousands of dead and wounded women and children.

Rashid Khalidi pointed out “as an occupying power, Israel has the responsibility under the Fourth Geneva Convention to see to the welfare of the civilian population of the Gaza Strip.” It has failed miserably to meet this responsibility. (NY Times, January 8)

Pro-Israeli media denigrates cowardly Hamas for seeking shelter among civilians. Imagine, as Uri Avnery suggested, German propaganda during World War II. “The Churchill gang hid among the population of London, misusing the millions of citizens as a human shield. The Germans were compelled to send their Luftwaffe and reluctantly reduce the city to ruins.” Hamas, Uri Avnery wrote, do not “hide behind the population.” Rather, the population views them as their only defenders. (The Progressive, Jan. 11)

In 2006, George Bush pushed free and fair elections for the Palestinian Legislative Council. Hamas won. The residents had become fed up with corrupt and insensitive Fatah, the US backed party of the Palestinian National Authority under President Mahmoud Abbas.

Because Palestinians made “the wrong choice,” Israel shut off fuel and electricity and restricted needed imports and peoples’ movements. The result: high unemployment, extreme poverty and hunger. Israel had used economic means to punish Gaza’s population for its electoral choice. Then, it subjected them to collective military punishment. Israel’s kill and destroy method seems unlikely, however, to convince Palestinians to reject Hamas, just as other people suffering punishment from oppressive military goliaths did not yield to brute force – even those who read Thomas Friedman on pedagogy.

Israel presented its bombing as deterrence, teaching a lesson by killing. Much of the world saw the response as disproportionate and downright barbaric. The US equivalent of suffering in Gaza as of January 16 would have meant 226,000 dead Americans, one third women and children and 1 million plus wounded, a third of them women and children.

Israeli apologists refer to bombing the UN Fakhura school and the Jabaliya refugee camp as inevitable mistakes of a necessary war. Israel must defend its citizens against the Qassam rockets and Hamas fighters had fired mortars from or near the school. Later, Israel showed an aerial photo portraying the school and mortar, but subsequently admitted the photo was a year old.

Although the US public tended to believe Israel’s version, not the retraction, the war has caused confusion. What was this war about? Could it be as banal as gaining seats in the coming elections? That Israeli Defense and Foreign Ministers Ehud Barak and Tzipi Livni have shown their voting publics – elections next month – they have bigger cojones than the hawkish Bibi Netanyahu?

Saul Landau received the Bernardo O’Higgins award from the Republic of Chile for his work on human rights. His latest book is A Bush and Botox World (AK/CounterPunch Press).

Galloway: From London to Gaza

January 25, 2009

Despite official apathy to the suffering in Gaza, Londoners are gathering for a solidarity convoy to deliver aid to Palestine

The government is always looking for some Islamic organisation to proscribe or some Muslim cleric – preferably with a steel claw – to ban. All in the name of community cohesion and preventing violent extremism. But how many Muslims does the government think have been radicalised by the horrific scenes coming out of Gaza and the complacent hypocrisy of the British foreign office?

The appeal for a policy that breaks with slavish support for Israel’s actions operates on a number of different levels. I’ve long since stopped addressing the great lacuna which passes for an ethical sense at King Charles Street. An argument based on naked self-interest stands a better chance. And from that point of view the efforts by various branches of government not only to justify the unjustifiable in Palestine, but to delegitimise protests over it are extremely difficult to fathom.

Take the official policy of systematically undercounting the number of people who take part in protests. Among other things, that tells those who take part in the hope of making a difference that peaceful, democratic protest will not even be registered properly, let alone make a difference to political outcomes. Then there are the extraordinary attempts to clamp down on protest. In Birmingham, for example, the council, the largest local authority in Europe, withdrew permission for a demonstration over Gaza just days before it was due to take place. It went ahead, without incident, thanks to the leadership of my friend Councillor Salma Yaqoob, who marshalled a cross-section of politicians behind it.

In Tower Hamlets young people organised a 100-strong car cavalcade in protest at the massacres in Gaza and advertising a national demonstration in central London. The following day the police were handing out fliers at Brick Lane mosque telling people that such activities were illegal. Of all the problems we face in Tower Hamlets – including illegal activities – not one of them is young men cooperating with one another and using their cars to form peaceful convoys with a socially engaged message. I’m sure the same is true elsewhere in the capital.

If the authorities in London and across Britain thought this through they would welcome this efflorescence of political protests over Gaza. How better to marginalise the violent extremists than by creating the space for radical but democratic political engagement?

And that space is burgeoning, whether the government likes it or not. The upsurge in solidarity and political engagement over Palestine is astonishing – and almost wholly outwith the political mainstream. The kinds of meetings I and others in the anti-war movement have been addressing across Britain are reminiscent of 2002 and the build-up to the Iraq war. This time, however, people want to do much more than march and rally. There is a groundswell of solidarity.

That’s why I’ve taken the initiative to launch a solidarity convoy from Britain to Gaza, through north Africa, headed by firefighting equipment donated by the Fire Brigades Union. The convoy will contain trucks and vans from towns and cities across the country containing medicines and other necessities the Palestinians of Gaza desperately need.

This is not an alternative, of course, to the vast amounts of aid that ought to be airlifted now to Gaza. The purpose of the convoy, however, is not simply to bring aid. It is to provide a focus for solidarity and actions such as those in Birmingham city council, which has taken a big step towards boycotting Israel. I think the time is ripe to push these issues into London councils and the London Assembly. The mayor of London’s silence over Gaza is out of step with the feeling of most Londoners. That gap is going to be keenly felt in the coming months.

The convoy’s route through north Africa is deliberately chosen. It will take it through big Arab centres and into Egypt, which holds the key to the liberation of Gaza and Palestine. The response to the call for the convoy has been overwhelming. Mosques, community groups, trade unions and other organisations are busy organising to get a truck on the road and to fill it with useful things.

In my experience it is tapping something wider than a basic humanitarian response to the suffering in Gaza. I cannot think of anything better to forge the bonds of social solidarity the government says it wants to see. In the 1930s ordinary people across Europe rallied to aid the people of Republican Spain, who faced the bombing of towns and the massacres of civilians by the jackbooted General Franco. The cry was “Aidez L’Espagne!” – today the call should be “Viva Palestina!”