| Editorial
Arab News, 9 February 2009 |
| Israel will elect a new prime minister tomorrow, either a very new one or one who has been there before. But regardless of who wins, few people in Israel or beyond are predicting significant diplomatic shifts any time soon. If anything, the situation with regards to the peace process could get worse — if that is at all possible.
The latest polls predict that Benjamin Netanyahu, a former premier, will recapture his post and will lead his right-wing Likud party to victory. Foreign Minister Tzipi Livni of the centrist Kadima party is a close second. Perhaps the most striking poll result indicates that Defense Minister Ehud Barak’s Labor party, which has long dominated Israeli politics, has been pushed out of third place by hard-liner Avigdor Lieberman and his Yisrael Beiteinu party. That sets Lieberman up as a kingmaker, holding the crucial swing votes that any winner will need to form a government. And Lieberman is as anti-Arab as it gets. Polling organizations are warning that unusually large numbers of Israelis, estimated at 15-20 percent, say they are undecided, which could make the result difficult to predict. Yet, running across Israel is a sense of inevitability that the right will win this election. All the signs are that Israel has shifted to the right, in large part because many Israelis no longer believe further peace agreements are a serious prospect. The war in Gaza has boosted Netanyahu and other hard-line candidates as Israelis prepare to choose not only their new leader but a new 120-member Parliament. After last month’s devastating Israeli offensive, Gaza and Hamas are at the top of the agenda in the Israeli campaign, and each candidate seems to be trying to outdo the next with a harsher stand against the group. While all the top candidates promise to be tough with Hamas, Netanyahu takes the hardest line. He has called for Hamas to be uprooted from Gaza and says the Gaza campaign was ended too soon. Lest this give any joy to President Mahmoud Abbas and his “moderate” Fatah party, Netanyahu says he will allow existing Jewish settlements in the West Bank to expand. He claims any territory Israel relinquishes to the Palestinians as part of a peace deal would be “grabbed by extremists.” He contends peace efforts should focus on anything other than creating an independent state. Those views will put Netanyahu at odds with the Palestinians, all other Arabs and most of the international community, whose most important member as far as Israel is concerned, is the US. President Barack Obama has been attempting to reach out to Arabs and promising fresh approaches to deal with the Middle East, including moving forward vigorously with the vision of establishing a Palestinian state alongside Israel. Apparently, however, Netanyahu and the majority of Israelis are unwilling to make any concessions for peace even if it stands in the way of Obama’s softer overtures. Popular with Israelis, the military action in Gaza swung voter concerns away from peace talks, and back to conflict, boosting the likes of Netanyahu, Barak and Lieberman. |
Posts Tagged ‘Palestinians’
Gaza Massacre Foretold in 2005: What May Come After the Evacuation of Jewish Settlers from the Gaza Strip
February 9, 2009A Warning from Israel
by Uri Davis and Ilan Pappe and Tamar Yaron
Global Research, February 8, 2009
Counterpunch – 2005-07-15
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We feel that it is urgent and necessary to raise the alarm regarding what may come during and after evacuation of Jewish settlers from the Gaza Strip occupied by Israel in 1967, in the event that the evacuation is implemented.
We held back on getting this statement published and circulated, seeking additional feedback from our peers. The publication in Ha’aretz (22 June 2005) quoting statements by General (Reserves) Eival Giladi, the head of the Coordination and Strategy team of the Prime Minister’s Office, motivated us not to delay publication and circulation any further. Confirming our worst fears, General (Res.) Eival Giladi went on record in print and on television to the effect that “Israel will act in a very resolute manner in order to prevent terror attacks and [militant] fire while the disengagement is being implemented” and that “If pinpoint response proves insufficient, we may have to use weaponry that causes major collateral damage, including helicopters and planes, with mounting danger to surrounding people.”
We believe that one primary, unstated motive for the determination of the government of the State of Israel to get the Jewish settlers of the Qatif (Katif) settlement block out of the Gaza Strip may be to keep them out of harm’s way when the Israeli government and military possibly trigger an intensified mass attack on the approximately one and a half million Palestinians in the Gaza Strip, of whom about half are 1948 Palestine refugees.
The scenario could be similar to what has already happened in the past – a tactic that Ariel Sharon has used many times in his military career – i.e., utilizing provocation in order to launch massive attacks.
Following this pattern, we believe that Prime Minister Ariel Sharon and Defence Minister Shaul Mofaz are considering to utilize provocation for vicious attacks in the near future on the approximately one and a half million Palestinian inhabitants of the Gaza Strip: a possible combination of intensified state terror and mass killing. The Israeli army is not likely to risk the kind of casualties to its soldiers that would be involved in employing ground troops on a large scale in the Gaza Strip. With General Dan Halutz as Chief of Staff they don’t need to. It was General Dan Halutz, in his capacity as Commander of the Israeli Air Force, who authorized the bombing of a civilian Gaza City quarter with a bomb weighing one ton, and then went on record as saying that he sleeps well and that the only thing he feels when dropping a bomb is a slight bump of the aircraft.
The initiators of this alarm have been active for many decades in the defence of human rights inside the State of Israel and beyond. We do not have the academic evidence to support our feeling, but given past behavior, ideological leanings and current media spin initiated by the Israeli government and military, we believe that the designs of the State of Israel are clear, and we submit that our educated intuition with matters pertaining to the defence of human rights has been more often correct than otherwise.
We urge all those who share the concern above to add their names to ours and urgently give this alarm as wide a circulation as possible.
Circulating and publishing this text may constitute a significant factor in deterring the Israeli government, thus protecting the Palestinian population in the Gaza Strip from this very possible catastrophe and contributing to prevent yet more war crimes from occurring.
Please sign, circulate, and publish this alarm without delay!
Please send notification of your signature to Tamar Yaron tiyaron@hazorea.org.il
WE WOULD ALSO APPRECIATE RECEIVING NOTIFICATION IF THE ALARM WAS PUBLISHED IN ANY MEDIA AND/OR IF IT WAS SENT TO A GROUP DISTRIBUTION LIST.
Uri Davis, Sakhnin, uridavis@actcom.co.il ,
Ilan Pappe, Tiv’on, pappe@poli.haifa.ac.il , and
Tamar Yaron, Kibbutz Hazorea, tiyaron@hazorea.org.il
Obama, Mitchell and the Palestinians
February 7, 2009By James Abourezk | Counterpunch, Feb 6 – 8, 2009
Abe Foxman, head of the “Anti-Defamation League”, claims that George Mitchell is too fair to be a broker between Israel and the Palestinians. I guess that Foxman, in denouncing the choice of Mitchell for Middle East negotiator, shows that he is accustomed to such impartial mediators as Dennis Ross, who, when he left the Clinton Administration returned to the Israeli Lobby, whence he came. Or he possibly could be making a comparison between George Mitchell and Alan Dershowitz, the notorious Israeli propagandist. (I once called Dershowitz a “snake” on Al Manar TV, which prompted him to write a column in the Jerusalem Post calling me an anti-Semite. My mistake was to forget to apologize to the snakes.)
I’m sorry to say that, as much as I admire George Mitchell for the public service he has provided over the years, being fair will not be enough to end the Israeli occupation of Palestine and the brutality that accompanies it.
The gyrations of various administrations over the years, all of whom have put on great shows of “settling” the conflict, has done nothing but waste a great deal of newspaper ink and television time reporting peace efforts, as though the media believed what snake oil salespeople, such as Condi Rice, were selling to the public. What someone in our government should have realized by now is that Israel absolutely does not want to give up the West Bank for a Palestinian state, even though there are warnings that if a “two state solution” is not reached, the Palestinians will be forced into a state of apartheid for the rest of the century. Certainly, the Israelis have no intention of allowing the Palestinians to outvote them in Israel, which leaves South African style apartheid as the only solution.
One can count all the reasons given by the Israelis for not achieving the “peace” that Israel claims it wants, reasons such as:
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- We have no negotiating partner.
- The Palestinians have to recognize Israel’s right to exist first before we talk to them.
- They have to end terrorism first.
- We made the Palestinians the best offer they could ever have gotten, but they turned it down.
These are just some of the shopworn excuses trotted out to avoid cutting a deal.
It seems that very few people have caught on to this scam, even though it has been exposed for many years. So, as the establishment continues to blather about achieving “peace,” Israel continues to swallow up Palestinian lands, beating up, imprisoning and massacring Palestinians on a daily basis.
It is very clear to me, as well as to anyone else who declines to see the conflict through an Israeli prism, that only when an American President flatly tells the Israelis that they must move the settlers out of the West Bank, there will be no peace, only more occupation, more brutality, more violations of international law, and more bloody slaughters of civilians such as the one we only recently witnessed in Gaza. Anything short of that leaves the Israelis in complete control, and it will leave America with more and more enemies not only in the Middle East, but around the world.
President Obama mentioned recently that if he doesn’t get the economy turned around in his first term, he will most likely not have a second term. What he has not yet calculated is that the Israeli occupation results in angry terrorism against American interests all over the world. He is faced with the choice of either angering the Likud Lobby by demanding that the Israeli settlers be kicked out of the West Bank, or of continuing the heavy spending required to maintain Israel’s occupation against the wishes of the people they are occupying. What is your guess as to what he will do?
Surely we should have learned by now that America can no longer afford to listen to the Abe Foxmans and the Alan Dershowitzes of the world. As a nation, we are out of money, bereft of ideas, and incapable of curbing the moral and financial corruption in Washington, D.C., which includes the corruption brought about by the Likud Lobby.
The result is that the rich get richer, the poor and the middle class become more and more desperate, searching for jobs that no longer exist, and for homes they can no longer afford.
The likes of George W. Bush and Dick Cheney have brought the world down around our collective ears, and after having done so, they have ridden off into the sunset, happy in the knowledge that they’ve taken care of their rich friends, who have profited from the wars they have started. The oil price surge, the conflicts in the Middle East, which have brought about the surge in military spending has created fortunes for their cronies, all paid for by the people of this country. We are, unfortunately, not finished paying the price for Mr. Bush’s costly — in terms of human lives and of money — puerile adventures for the past eight years. We will be reaping the hatred and the violence caused by their wars, in addition to suffering the economic fallout resulting from their policies of greed and corruption. And we have not yet counted the kinds of misery and poverty and corruption these two heroes have spawned as a result of the Iraq War.
The cowardice of our presidents and of our Congress keeps Israel in the driver’s seat so far as continuing the occupation. Brutality is the natural product of an occupation that is necessary to keep the land they’ve stolen from the Palestinians. We are in desperate need of “change,” and we hope and we pray that Mr. Obama will have the courage to put it in motion.
James G. Abourezk is a lawyer practicing in South Dakota. He is a former United States senator and the author of two books, Advise and Dissent, and a co-author of Through Different Eyes. This article also runs in the current issue of Washington Report For Middle East Affairs. Abourezk can be reached at georgepatton45@gmail.com
Self-Defense Against Peace
February 6, 2009Israel’s Unjust War on Gaza
By Michael Mandel | Counterpunch, Feb 5, 2009
Did self-defence justify Israel’s war on Gaza?
Objections have been raised to this claim on grounds of a lack of both proportionality and necessity. To kill over 1000 Palestinians in 3 weeks, hundreds of them children, and wound thousands more, in order to deter a threat from rockets that did not kill or injure anybody in Israel for the six months the truce was declared by both sides, or even before Israel launched its attack on December 27, is so disproportionate as to be intolerable in any ethical system that holds Palestinian lives equal in value to Israeli lives. It is also so disproportionate as to defy belief that defence against these rockets was the real motive of the war. To ignore the many diplomatic avenues available to avoid even this threat, such as lifting the suffocating 18-month siege, suggests the same thing.
A more fundamental objection, however, is the self-evident legal and moral principle that an aggressor cannot rely upon self-defence to justify violence against resistance to its own aggression. You can find this principle in domestic law and in the judgments of the Nuremberg tribunals.
To quote one Nuremberg judge:
On of the most amazing phenomena of this case which does not lack in startling features is the manner in which the aggressive war conducted by Germany against Russia has been treated by the defense as if it were the other way around. …If it is assumed that some of the resistance units in Russia or members of the population did commit acts which were in themselves unlawful under the rules of war, it would still have to be shown that these acts were not in legitimate defense against wrongs perpetrated upon them by the invader. Under International Law, as in Domestic Law, there can be no reprisal against reprisal. The assassin who is being repulsed by his intended victim may not slay him and then, in turn, plead self defense. (Trial of Otto Ohlendorf and others, Military Tribunal II-A, April 8, 1948)
So who was the aggressor here?
There would have been no question as to who was the aggressor had this attack taken place before Israel’s withdrawal from the Gaza strip in 2005. At that point Israel had been committing a continuous aggression against Gaza for 38 years, in its illegal and violent occupation of it, along with the rest of the Palestinian territory, including East Jerusalem, after its conquest in 1967.
By 2005, the occupation had been condemned as illegal by the highest organs with jurisdiction over international law, most notably the
International Court of Justice in its 2004 opinion on the separation barrier. A central illegality of the occupation for the International Court lay in Israel’s settlements, which violate the law against colonization, and which are central to the occupation. The fifteen judges of the International Court were unanimously of the opinion that the settlements were illegal and the wall itself was held by a majority of 13-2 to be illegal, partly because it was there to defend the settlements, and not Israel itself, and thus could not qualify as self-defence.
The rocket attacks from Gaza started in 2001 and took their first Israeli victim in 2004. Since then, there had been 14 Israeli victims prior to the current war. Tragic, indeed, but obviously paling in comparison to the 1700 Palestinians killed in Gaza during the same period. One death is indeed a tragedy, but many deaths are not just “a statistic”, as Stalin had it; they are the tragedy multiplied many times over. Given Israel’s illegal, aggressive and violent occupation, prior to the withdrawal, Gaza rockets could only be regarded as necessary and proportionate self-defence, or as reprisals against Israel’s aggression.
Did Israel’s withdrawal from Gaza in 2005 change the situation?
It has been forcefully argued that the 18-month siege of Gaza, a major reason for Hamas’ refusal to extend the truce, was itself an act of aggression, giving rise to a right of self-defence.
But even more important, though usually ignored, is Israel’s continued illegal and aggressive occupation of the West Bank and East Jerusalem after the withdrawal from Gaza in 2005. Indeed, the withdrawal from Gaza was intended to strengthen the hold on the other territories and was accompanied by a greater increase in the number of settlers there than those removed from Gaza.
The occupation of the West Bank and East Jerusalem figured equally with Gaza in the condemnations of the World Court and the Security Council. Furthermore, in the Oslo Accords, Israel and the Palestinians agreed that “The two sides view the West Bank and the Gaza Strip as a single territorial unit, the integrity and status of which will be preserved during the interim period.” Indeed, when Hamas won the elections in 2006, elections declared impeccably fair and civil by all international observers, it won them for the whole of the Palestinian Authority, including the West Bank (it was not allowed by Israel to campaign in East Jerusalem). Many Hamas West Bank legislators remain in Israeli jails.
And the basic fact is that the Palestinians of the West Bank and Gaza are one people, however separated they are by walls and fences and check-points. Israel’s unilateral withdrawal from one part of that people’s land cannot turn that people into aggressors when they resist the illegal occupation of the rest.
So self-defense cannot justify this attack, or the siege that preceded it. What can? That Hamas is a “terrorist organization”? But terrorism is about deliberately killing civilians for illegal political ends, and in that enterprise, Israel has topped Hamas by many multiples. That Hamas does not recognize Israel’s “right to exist”? But Hamas has offered many times to make a long-term truce with Israel on the basis of the legal international borders, something it is clearly entitled to insist upon. Israel says that’s not good enough, that Hamas first has to recognize Israel’s legitimacy, in other words, it has to concede the legitimacy of the Jewish state and all it has meant to the Palestinians. In other words, as one Israeli journalist ironized, Israel is insisting that Hamas embrace Zionism as a condition of even talking peace with it.
These are not justifications for violence on this or any scale. Indeed, they point to the most plausible reason Israel is fighting Hamas (and the PLO before it): self-defence, if you will, not against rockets and mortars, but against having to make peace with the Palestinians on the basis of the pre-1967 borders as required by international law.
Michael Mandel is Professor of Law at Osgoode Hall Law School of York University in Toronto, where he teaches the Law of War. He is the author of How America Gets Away with Murder.
The tale of two apartheids
February 4, 2009Israeli leaders are usually loath to admit that Israel is an apartheid-style state. Yet there have been moments of candor.
Socialist Worker, January 29, 2009 | Issue 689
IN APRIL 1976, John Vorster, president of the then-racist apartheid regime of South Africa, paid an official state visit to Israel, where he was given the red-carpet treatment.
Paul D’Amato is managing editor of the International Socialist Review and author of The Meaning of Marxism, a lively and accessible introduction to the ideas of Karl Marx and the tradition he founded.
Israeli television showed him on his first day, visiting the Holocaust memorial in Jerusalem. At an official state banquet held for Vorster, Israeli Prime Minister Yitzhak Rabin toasted the “ideals shared by Israel and South Africa.”
Why was an outspoken member of a Nazi militia in South Africa during the Second World War and a leading member of the party that crafted official apartheid policies in South Africa being feted in Israel?
A statement in the South African government’s yearbook made two years after Vorster’s visit provides an answer: “Israel and South Africa have one thing above all else in common: they are both situated in a predominantly hostile world inhabited by dark peoples.”
These close ties came from the identification that both states had for each other’s cause. Both were settler states that claimed to be bringing “civilization” to so-called backward peoples. And both were committed to using any and all means to maintain their regional domination over the “natives” that they had conquered–in South Africa, to create a white state based on the exploitation of Black labor; in Israel, to create an exclusively Jewish state through the systematic removal of the indigenous Palestinian population.

In an excellent two-part article in the Guardian in 2006, Chris McGreal quotes Ronnie Kasrils, then the intelligence minister in the post-apartheid government led by the African National Congress. Kasrils, who is Jewish and had co-authored a petition protesting Israel’s occupation of Palestinian territory, explained why such a close affinity could develop between the two countries:
Israelis claim that they are the chosen people, the elect of God, and find a biblical justification for their racism and Zionist exclusivity.
This is just like the Afrikaners of apartheid South Africa, who also had the biblical notion that the land was their God-given right. Like the Zionists who claimed that Palestine in the 1940s was “a land without people for a people without land,” so the Afrikaner settlers spread the myth that there were no black people in South Africa when they first settled in the 17th century. They conquered by force of arms and terror and the provocation of a series of bloody colonial wars of conquest.
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VORSTER’S VISIT signaled an acceleration of economic, diplomatic and military cooperation between the two countries, a collaboration that already had a lengthy history.
South African Gen. Jan Smuts, who had a close relationship with the Zionist leader Chaim Weizman, Israel’s first prime minister, had been instrumental in convincing Britain to sign the Balfour Declaration that agreed to the “establishment in Palestine of a national home for the Jewish people.” After 1948, South Africa was one of the first countries to recognize Israel.
N. Kirschner, a veteran South African Zionist leader, wrote in 1960 in an Israeli publication: “There exists a bond between Jewish aspirations and the aspirations of the people of South Africa.”
That bond was expressed chiefly in growing military and secret nuclear cooperation. Each country shared its intelligence and counterinsurgency techniques with the other, and South Africa purchased arms from Israel. Israel purchased nuclear materials from South African in order to develop its secret weapons program, and in return, Israel provided scientific and technical assistance to help South African build its nuclear bombs.
Hundreds of white South Africans graduated from Israeli military training schools. “It is a clear and open secret,” wrote an Israeli journalist in 1976, “that in army camps, one can find Israeli officers in not insignificant numbers who are busy teaching white soldiers to fight black terrorists, with methods imported from Israel.”
The parallels between Israel and apartheid South Africa are striking. In South Africa, the white colonial settler minority conquered the Black majority, forcing them into Bantustans–so-called independent African homelands–that covered only 13 percent of the country. This allowed the whites to declare South Africa a white country.
Blacks, who outnumbered whites by 4-to-1, became the cheap labor that built South Africa’s economy, but they couldn’t be citizens.
Likewise, Theodore Herzl, known as the father of Zionism, sold the Jewish state to its potential imperial backers as “an outpost of civilization against barbarism.”
Variations on statements such as this one from Joseph Weitz, head of the Jewish Agency’s Colonization Department, can be found scattered throughout the writings of the founders of the state of Israel: “There is no room for both peoples together in this country…There is no other way than to transfer the Arabs from here to the neighboring countries. To transfer all of them; not one village, not one tribe should be left.”
These principles guided the Zionist armies and paramilitary gangs that used massacres and terror to drive 750,000 Palestinians from their homes in 1948 in order to create the state of Israel, and again led to the expulsion of 325,000 Palestinians from their land after the 1967 war.
These are not old, outdated views, but the deeply held conviction of leading Zionists today. Listen to the ravings of Israeli Professor Arnon Soffer, head of the Israel Defense Force’s National Defense College, speaking to the Jerusalem Post in 2004 about Israel’s unilateral pullout from Gaza:
We will tell the Palestinians that if a single missile is fired over the fence, we will fire 10 in response. And women and children will be killed, and houses will be destroyed. After the fifth such incident, Palestinian mothers won’t allow their husbands to shoot Qassams, because they will know what’s waiting for them.
Second of all, when 2.5 million people live in a closed-off Gaza, it’s going to be a human catastrophe. Those people will become even bigger animals than they are today, with the aid of an insane fundamentalist Islam. The pressure at the border will be awful.
It’s going to be a terrible war. So, if we want to remain alive, we will have to kill and kill and kill. All day, every day…If we don’t kill, we will cease to exist…Unilateral separation doesn’t guarantee “peace”–it guarantees a Zionist-Jewish state with an overwhelming majority of Jews.
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THERE ARE some differences between South African and Israeli apartheid.
Israel’s relationship to Arab labor was different than that of the South Africa rulers to the Black majority. Rather than exploiting cheap Arab labor, the early Zionist settlers in Palestine built their state-in-embryo by excluding Arab labor, under the slogan “Jewish Land, Jewish Labor.”
After the formation of the state of Israel, Arabs did become a source of cheap labor, but Israel has never been dependent on Arab labor–whereas in South Africa, strikes threatened to bring down apartheid because Black labor was its lifeblood.
Yet the similarities are more striking than the differences. If apartheid South Africa declared itself a white state by creating the fiction of Black “homelands” and implementing pass laws to severely restrict the movement of Africans, in Israel, an exclusively Jewish state was creating by expelling the majority of Palestinians from their lands and legally barring their return.
A battery of laws were put in place after 1948 that grant the state legal authority, in various ways, to seize Arab farms, orchards, homes and businesses if the owners are absent for any length of time, or for “security” reasons. At the same time, any Jew in the world was granted the legal right to enter Israel and become a citizen.
Today, Israel treats the Arab minority within its current borders as third-class citizens (behind the Mizrahim, or the Middle Eastern, as opposed to European, Jews). Palestinians receive lower wages and education funding, face routine harassment and police brutality, and are subjected to high incarceration rates; they are restricted from owning land, and are victims of land seizures and expulsions that continue to this day.
A paper on Israel’s Arab minority by Eric Gust of the Center for Contemporary Conflict explained that “advancement of Arabs within Israeli society, whether in the demographic, economic, political or educational sectors, is viewed as occurring at the expense of the Jewish population, and could be perceived as a threat to the Jewish nature of Israel.”
Israel is also an apartheid state in form, if not in legal terms, because it has turned the lands it occupied in 1967–the West Bank and Gaza–into South African-style Bantustans, whose inhabitants face economic blockade and routine assaults from the Israeli army and settlers, and whose towns and refugee camps are cut off from each other by an apartheid wall and a system of checkpoints, while special roads crisscross the West Bank that can only be used by Jews.
Any “two-state” solution that Israel accepts will merely put a legal stamp on this fact.
Israeli leaders are usually loath to publicly admit that Israel is an apartheid-style state. Yet there are moments of candor.
Former Chief of Staff of the Israel Defense Force, Gen. Rafael Eitan, speaking at a closed meeting of Israeli professionals in 1983, gave a presentation that considered South Africa’s Bantustan policy as a possible solution to the Palestinian problem.
Last November, Israeli Prime Minister Ehud Olmert made a statement that if Israel was unable to implement a two-state solution, it would “face a South African-style struggle for equal voting rights, and as soon as that happens, the state of Israel is finished.”
He had warned four years earlier: “We don’t have unlimited time. More and more Palestinians are uninterested in a negotiated, two-state solution, because they want to change the essence of the conflict from an Algerian paradigm to a South African one. From a struggle against ‘occupation,’ in their parlance, to a struggle for one-man-one-vote. That is, of course, a much cleaner struggle, a much more popular struggle–and ultimately, a much more powerful one. For us, it would mean the end of the Jewish state.”
Israel leaders look with horror on the prospect of the struggle for a democratic, secular Palestine–a state for all its inhabitants–because the whole basis of the existence of Israel as an exclusively Jewish state would be destroyed.
For that same reason, those of us who oppose Zionism should welcome such a struggle with open arms.
Prosecutor looks at ways to put Israeli officers on trial for Gaza ‘war crimes’
February 2, 2009The International Criminal Court is exploring ways to prosecute Israeli commanders over alleged war crimes in Gaza.
The alleged crimes include the use of deadly white phosphorus in densely populated civilian areas, as revealed in an investigation by The Times last month. Israel initially denied using the controversial weapon, which causes horrific burns, but was forced later, in the face of mounting evidence, to admit to having deployed it.
When Palestinian groups petitioned the ICC this month, its prosecutor said that it was unable to take the case because it had no jurisdiction over Israel, a nonsignatory to the court. Now, however, Luis Moreno-Ocampo, the ICC prosecutor, has told The Times that he is examining the case for Palestinian jurisdiction over alleged crimes committed in Gaza.
Palestinian groups have submitted arguments asserting that the Palestinian Authority is the de facto state in the territory where the crimes were allegedly committed.
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“It is the territorial state that has to make a reference to the court. They are making an argument that the Palestinian Authority is, in reality, that state,” Mr Moreno-Ocampo told The Times at the World Economic Forum in Davos.
Part of the Palestinian argument rests on the Israeli insistence that it has no responsibility for Gaza under international law since it withdrew from the territory in 2006. “They are quoting jurisprudence,” Mr Moreno-Ocampo said. “It’s very complicated. It’s a different kind of analysis I am doing. It may take a long time but I will make a decision according to law.”
Mr Moreno-Ocampo said that his examination of the case did not necessarily reflect a belief that war crimes had been committed in Gaza. Determining jurisdiction was a first step, he said, and only after it had been decided could he launch an investigation.
The prosecutor’s office has already received several files on alleged crimes from Palestinian groups and is awaiting further reports from the Arab League and Amnesty International containing evidence gathered in Gaza.
Under the Rome treaty that founded it, the ICC can investigate and prosecute allegations of the most serious war crimes only if the country responsible is unwilling or unable to do so through its national courts.
States that are party to the treaty can refer cases of crimes committed by their citizens or on their territory. Cases involving the citizens or territory of a country that has not signed up to the court can be referred by the United Nations Security Council – as in the case of Darfur. Ivory Coast set a precedent as the first nonstate party to accept the ICC’s jurisdiction over alleged war crimes on its territory. It signed the Rome treaty but never ratified it. In 2005 it lodged a declaration with the court accepting the ICC’s jurisdiction over crimes committed there since September 2002.
Palestinian lawyers argue that the Palestinian Authority should be allowed to refer the cases in Gaza on this same ad hoc basis – despite its lack of internationally recognised statehood.
The case has wide-reaching ramifications for the Palestinian case for statehood. If the court rejects the case, it will highlight the legal black hole that Palestinians find themselves in while they remain stateless. However, it also underlines some of Israel’s worst fears about a Palestinian state on its borders. A Palestinian state that ratified the Rome treaty would then be able to refer alleged Israeli war crimes to the court without the current legal wrangling. The case could also lead to snowballing international recognition of a Palestinian state by countries eager to see Israel prosecuted.
One avenue would be for Israel to agree to investigate its commanders and prosecute any crimes discovered. That would remove any case from the orbit of the international court. So far that appears unlikely, given Israel’s repeated denials of war crimes in Gaza.
The Israeli army has, however, launched an internal inquiry into whether white phosphorus was used in some cases in built-up areas, having eventually admitted that it did use the incendiary substance, which is not illegal as a battlefield smokescreen but is banned from being used in civilian areas. Camera footage from one such attack shows what appears to be white phosphorous raining down on a UN school in Beit Lahiya, where Red Crescent ambulances and their crews were stationed.
A coalition of Israeli human rights groups has urged the country’s attorney-general to open an independent investigation into allegations of war crimes by troops, urging that to do so could head off international court cases. The groups, including the antisettlement organisation B’Tselem, said that there had been reports of Israeli forces firing into civilian areas, denying medical aid to the wounded and preventing Palestinian ambulances from reaching them, and of firing at people carrying white flags.
Meanwhile, the UN is preparing an inquiry into the bombardment of a UN school in Jabaliya, in the northern Gaza Strip. Israeli forces fired artillery shells outside the school, which had been converted into a refugee shelter for Gazans fleeing their homes. At least 43 people were killed. Israel said that Palestinian militants had fired from the compound, which was denied by the UN.
Avi Shlaim: The newspeak of Israeli propagandists
January 26, 2009- The Guardian, Monday 26 January 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



Israel holding 42 Palestinians in administrative detention for over two years
February 9, 2009B’Tselem – Press Releases, 5 Feb. ’09
B’Tselem releases 2008 annual report – among the findings:
Of the 548 Palestinians Israel is detaining without trial, 42 have been held for over two years, according to figures appearing in B’Tselem’s annual report, published today. Twenty-three have been administratively detained for over two and a half years, including three who have been detained between three and four and a half years, and two over four and a half consecutive years. In fact, the vast majority of administrative detainees (372) have been held without charge or trial for at least two consecutive periods.
In 2008, the number of administrative detainees dropped gradually: from 813 in January to 546 in December. Six of the detainees in December were minors. For the first time, Israel held two female minors in administrative detention; both had their detention period extended for a second period. B’Tselem demands that Israel immediately release all administrative detainees, or try them for the offences they are alleged to have committed. The total number of Palestinian prisoners and detainees in Israeli custody at the end of December was 7,904.
Casualties
B’Tselem’s annual report also includes figures on the number of Palestinians and Israelis killed during the course of the year (not including in Operation Cast Lead). Up until December 26, Israeli security forces killed 455 Palestinians (including eighty-seven minors). At least 175 of those killed (38 percent) did not take part in the hostilities.
18 Israeli civilians were killed by Palestinians inside Israel. Eight of them (four minors), were killed in the attack at the Merkaz Harav yeshiva, in Jerusalem and Four were killed by rocket attacks and mortar fire. Three Israeli civilians were killed by Palestinias in the Terrritories. Palestinians killed ten members of the Israeli security forces.
Restrictions on movement
In contrast to official Israeli claims, Palestinian freedom of movement did not improve significantly in 2008. There are sixty-three permanent staffed checkpoints inside the West Bank, eighteen of them in the city of Hebron. In addition, the army restricts Palestinian movement on 430 kilometers of roads, on which Israelis are allowed free use. On 137 kilometers of these roads, Palestinian travel is completely prohibited. Forty checkpoints serve as crossing points into Israel, although most are them are located a few kilometers inside the West Bank, and not along the Israeli border. The number of physical obstructions Israel maintained in the West Bank actually increased in 2008. In the first nine months of 2008, the average number of such obstructions was 537, compared with a monthly average of 459 in 2007.
B’Tselem’s annual report surveys many additional violations of human rights in the Occupied Territories during 2008. Among them: house demolition, the continued construction of the separation barrier within the West Bank, settlement expansion and the lack of law enforcement on violent settlers. The report also addresses the systematic lack of accountability for harm caused to Palestinians by Israeli security forces.
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Tags:B'Tselem press release, casualties, checkpoints, detentions without trial, Israelis killed, Palestinians, Palestinians killed, West Bank
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