Hasan Abu Nimah, The Electronic Intifada, 6 May 2009
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| UN Secretary-General Ban Ki-moon at a press conference in Gaza City outside the UN headquarters, still smoldering from the Israeli bombardment of the facility, 20 January 2009. (Wissam Nassar/MaanImages) |
Late last week, according to the BBC Arabic news website, a report was submitted to the United Nations Secretary-General Ban Ki-moon about the scale of destruction Israel inflicted on UN installations in Gaza. This was also mentioned on a BBC news bulletin on 1 May, but I could find little trace of this story anywhere else.
The brief news item stated that the UN report contained secret information supplied by Israel about an incident in which more than 40 Palestinian civilians were massacred when Israeli shells fell “outside” a UN school where many Palestinians were taking shelter. The secretary-general is reportedly considering how much of the information he can release without revealing the information supplied by Israel, the news item said, adding that the UN report concluded that Hamas fighters were not inside UN buildings but close to them.
Commenting on the report, the BBC said that it was informed by a diplomatic source, that the United States has informed Ban’s office that the report should not be published in full due to the damage that that could cause to the Middle East peace talks; in other words (mine, in fact) to Israel.
The point here is neither to pass any premature judgment on an unpublished report — despite obvious inconsistencies regarding shelling “outside” a UN installation that was somehow severely damaged — nor to predict how much of the report the secretary-general will finally decide to publish.
(As this article was being prepared for publication, details about the UN inquiry team report were published. The inquiry, led by Ian Martin, former director of Amnesty International, accused Israel of failing to protect UN facilities and civilians, dismissed as “untrue” Israeli claims that Hamas fighters had been firing from UN facilities, held Israel responsible for all deaths and injuries in six out of nine incidents, and called for further investigation into possible war crimes. Ban has rejected calls to pursue the probe, but called on Israel to pay $11 million in reparations for the damage it caused to the UN.)
But nor can we forget the dark days just past when Israel was slaughtering the innocent people of Gaza and the world stood by, even blaming Hamas — which had scrupulously observed a negotiated ceasefire until Israel broke it — for bringing on the apocalypse.
As the dust from the Israeli bombing began to settle, Ban decided to visit Gaza. That raised hopes that the UN was finally determined to act with courage and responsibility. Gaza had been off limits to international figures because supposedly a politically contagious terrorist organization had taken control of the place and no one was supposed to risk contact with it, even if compelling humanitarian considerations required that.
Well, the secretary-general decided on 20 January to defy the norm and go to Gaza. But his courage only went so far. His highly-protected convoy took him straight to the still smoldering compound of the UN agency for Palestine refugees (UNRWA) whose warehouses of food and fuel were destroyed by Israeli attacks along with their contents. He must have noted that the massive destruction could not have resulted from “shelling outside” the installation. “I am just appalled,” he said, “Everyone is smelling this bombing still. It is still burning. It is an outrageous and totally unacceptable attack against the United Nations.” This flash of anger was limited however only to UN facilities. He spoke as if the rest of Gaza — where more than 7,000 people lay dead or injured, and thousands of homes, schools, mosques, universities, police stations and government buildings were destroyed — did not exist, or were not of UN concern.
Whisked around in his convoy, he did not bother to stop and talk to any of Israel’s victims — the families who had just dug the remains of their loved ones from the rubble or those with horrific injuries in Gaza’s overstretched hospitals. These are the very people, the Palestinian refugees, that the UN is in Gaza to help, but there was it seems no time for them.
Ban did say, however, that he had “condemned from the outbreak of this conflict the excessive use of force by the Israeli forces in Gaza,” and added “I view the rocket attacks into Israel as completely unacceptable.” He also said that he would dispatch a humanitarian needs assessment team led by the UN special coordinator.
What he was saying in effect is that he found Israel’s attack on Gaza perfectly acceptable, but he disagreed only with the tonnage of high explosives that should be dropped by Israeli planes. Indeed, he should specify exactly how many dead children, how many demolished houses, how many burn victims, how many destroyed mosques he would tolerate as not being “excessive.” Would half the number killed and half the damage inflicted be reasonably non-excessive, or perhaps one-third? It would be helpful for both sides to know so that the Israelis would limit their killing to the UN-specified quota, and the Gazans would know how many of their community to sacrifice for the sacred UN-sanctioned killing.
For Ban, then, Israeli bombing is good — although he would like perhaps to see a little bit less. But, in tune with his political masters, he considers Palestinians to have no right to any form of self-defense against the Israeli occupation, constant aggression and the Israeli, internationally-supported, deadly siege, with whatever means they have at their disposal.
In order to maintain the false sense of balance between aggressor and victim, Ban had to visit the Israeli settlement of Sderot. When he patiently inspected the scars left by Hamas rockets that killed a total of three Israelis, he stated, “the projectiles are indiscriminate weapons, and Hamas attacks are violations of basic humanitarian law.” This is the same Ban who did not once invoke the law with respect to Israel’s ongoing massive violations.
It’s also notable that the rockets fired by Palestinian resistance factions are not so much “indiscriminate” as unguided. There’s no reason to believe that if Palestinians had access to the American-supplied guidance systems Israel has that they would not target Israeli military bases (indeed they tried to do that although Israeli military censorship did not allow reporting of hits on its military installations). Israel’s bombing on the other hand, and as Ban did not note, is very discriminate — deliberately targeting civilian homes and facilities.
In Sderot, Ban also urged Israel to end its crippling blockade on Gaza, but not because the blockade is a flagrant violation of international law, the Geneva conventions, inhuman and wrong. He worried only that the blockade would strengthen Hamas; otherwise, like a measured dose of bombing, it would be perfectly fine.
Ban ought to have inspected the destruction in Gaza, and visited and spent time with Israel’s Palestinian victims before setting foot in any UN installation. But it seems he actually avoided that on purpose to send a signal that he was not showing sympathy to “terrorists” or the people accused of harboring them, in order to inoculate himself from criticism by Israel and its chorus of apologists. He certainly saw the example of the UN special rapporteur for human rights, Princeton professor emeritus and international law expert Richard Falk, who was expelled and vilified by Israel and the US administration for faithfully and truthfully carrying out his mandate.
This is but one of the many sad stories of how the UN top leadership has betrayed and failed its mission. The UN does not exist only to protect its personnel and installations. The UN flag alone ought to provide that kind of real protection — immunity which no state dares to violate without fear of the consequences. But Israel has repeatedly attacked UN facilities, schools, peacekeeping forces and personnel in Palestine and Lebanon knowing full well that it, not the UN, enjoys immunity for its actions. The next time Israel attacks a UN facility, part of the responsibility will lie with those who failed to act correctly this time around.
Hasan Abu Nimah is the former permanent representative of Jordan at the United Nations. This essay first appeared in The Jordan Times and is republished with the author’s permission.



Covering up Israel’s Gaza crimes with UN help
May 14, 2009Hasan Abu Nimah, The Electronic Intifada, 13 May 2009
In my last article, I considered how UN Secretary General Ban Ki-moon might handle the inquiry into Israeli attacks on UN facilities in the occupied Gaza Strip last winter. I hoped for the best but feared the worst given press reports that Ban had been told by the United States not to publish the report in full lest that harm the “peace process.”
Unfortunately, the worst fears were fully justified as Ban published and sent to the Security Council only a 27-page summary of the 184-page document submitted to him by a board of inquiry led by a former head of Amnesty International.
Moreover, Ban rejected a key recommendation that there be a full independent investigation into numerous killings and injuries caused to UN personnel and Palestinian civilians during the Israeli assault.
The board issued the recommendation because its own mandate was specifically limited to examining just nine incidents (Israel launched thousands of land, sea and air attacks on the Gaza Strip over 22 days). The board noted that “it was not within its scope or capacity to reach conclusions on all aspects of these incidents relevant to assessment of the responsibility of the parties in accordance with the rules and principles of international humanitarian law.”
These limitations meant that the board was “unable to investigate fully all circumstances related to the deaths and injuries” during several incidents including an attack in the immediate vicinity of school run by UNRWA — the UN agency for Palestine refugees — in Jabaliya in which dozens of people were killed, and another incident on 27 December which killed nine students from UNRWA’s Gaza Training Center immediately across the road from the main UN compound in Gaza City. Other incidents mentioned included ones in which white phosphorus shells fell on UN schools and facilities and densely populated urban areas.
Now here is the crucial part, included in recommendation 11 in the published summary: “where civilians have been killed and there are allegations of violations of international humanitarian law, there should be thorough investigations, full investigations, and, where required, accountability.” Such investigations, the summary states, should be carried out by an “impartial inquiry mandated, and adequately resourced, to investigate allegations of violations of international humanitarian law in Gaza and southern Israel by the [Israeli army] and by Hamas and other Palestinian militants.”
The board of inquiry corroborated the already existing masses of evidence collected by local and international human rights organizations, eyewitness accounts from UN and other humanitarian personnel, and the legal examination by the distinguished (but vilified by Israel and the US) UN special rapporteur on human rights in the Palestinian territories, Richard Falk.
And yet none of this death and destruction, not the use of white phosphorus in flagrant violation of international law, not even against the UN (if that is all the secretary-general cares about) merited any further examination.
In his 4 May letter to the Security Council accompanying the summary, Ban wrote, “I do not plan any further inquiry,” adding perhaps as an excuse that “the government of Israel has agreed to meet with United Nations Secretariat officials to address the Board’s recommendations, in as far as they related to Israel.”
Israel, however, made its position very clear in a foreign ministry statement: “Israel rejects the criticism in the committee’s summary report, and determines that in both spirit and language, the report is tendentious, patently biased and ignores the facts.” Israel accused the board of inquiry of preferring the claims of Hamas, “a murderous terror organization and by doing so has misled the world.” Would Israeli representatives say anything different when they meet the secretary-general’s staff?
Ban could even have called Israel’s bluff and said that since Israel did not view the current report as sufficiently thorough, he would indeed order a full, impartial inquiry as recommended.
But the reality is that Ban has learned all the “right” lessons from the past. In 1996, then UN Secretary-General Boutros Boutros-Ghali published — against American “advice” — a UN report that demolished Israeli claims that its shelling on 18 April that year of the UN peacekeeping base in Qana, Lebanon, killing 106 people, was an accident. Boutros-Ghali effectively paid with his job as the Clinton Administration vetoed his bid for a second term. In 2002, after the Israeli army destroyed much of Jenin refugee camp in the occupied West Bank, the Security Council ordered then Secretary-General Kofi Annan to carry out an investigation. But Israel refused to allow the inquiry team into the country, and so Annan, rather than going back to the Security Council to ask for its support in carrying out his mandate, simply told the investigation team to disband and go home.
Ban is taking things even further. He apparently created the board of inquiry not in order to find out the truth, but only as a political exercise to cover himself from the charge of total inaction. But the board of inquiry members did take their mandate very seriously and honestly. By rejecting their call for accountability, Ban has in effect rejected and betrayed his own mandate to uphold the UN Charter and international humanitarian law.
And on what grounds did the secretary-general decide to publish only 27 pages? Most likely the rest of the report was not only damning to Israel, but would have exposed his decision to block further investigation as even more nakedly cynical.
It is especially puzzling since Ban himself had described the board of inquiry as “independent.” In response to allegations he had “watered down” the document, he stated: “I do not have any authority to edit or change any wording” of its “conclusion and recommendations.”
He did much more than that: he withheld 85 percent of the report! It may be true that the report is just an “internal document and is not for public release” as Ban wrote in his letter, and that the inquiry “is not a judicial body or court of law.”
But the Security Council — the UN’s most authoritative body — is not the public, and it ought at least to be able to see it even if the public cannot. Of course it is very likely that by some means or another some members of the council do have the full report, and it is likely that Israel has it as well, otherwise how did the pressures on the secretary-general not to publish it originate in the first place?
The UN Charter places on the secretary-general the responsibility to inform the Security Council of grave breaches of the charter so that it can act. Ban is actually hiding evidence of grave breaches in order to spare the Security Council the embarrassment of having to act against Israel which remains as ever the special case enjoying full impunity.
In the absence of any credible explanation for stopping even the 15 members of the Security Council from officially seeing the full report the presumption must be that Ban is engaging in a cover-up to protect Israel and therefore his own job. Equally puzzling is the acquiescence of the Security Council to this scandal. It is known that Ban’s action has been prompted, or fully approved by three permanent members. Why did the 12 others keep quiet?
In Gaza, there are numerous, credible and mounting allegations of war crimes and crimes against humanity, including testimonies published in the Israeli media from Israeli soldiers themselves. The ongoing blockade preventing the movement of basic supplies and people in and out of an occupied territory is a prima facie breach of the Fourth Geneva Convention. Unlike other alleged war crimes in other parts of the world, the evidence is all there requiring little effort to find, including numerous statements from Israeli leaders showing that they had the motivation and intent to harm civilians as an act of punishment or revenge.
Yet once again, when it comes to Israel, UN officials actively collude in protecting the perpetrators. How could an investigation of an aggression which involved severe war crimes, deliberate attacks on civilians, destruction of civilian infrastructure, usage of banned weapons, attacks on UN installations, siege and deprivation be quietly shelved upon the discretion of the secretary-general alone?
The answer may be simple, but alarmingly revealing; the office of the secretary -general carries with it so much prestige, privilege and material reward, it seems not many can resist the temptation of holding on to the job at any price even if that price is paid in innocent people’s blood. The hunger for a second term requires so much obsequiousness and opportunism that the holder of this position becomes a burden rather than an asset, an obstacle to the UN functioning effectively.
It is not only Palestinians who are the victims of such outrageous and immoral actions, but the last vestiges of credibility of the UN itself. I hold — as do most Palestinians — enormous admiration and respect for the work of UNRWA and its personnel who remained under Israeli bombardment in Gaza risking their lives along with the communities they serve. These UN personnel also deserve better; they too are betrayed by the cowardice of those above them.
Hasan Abu Nimah is the former permanent representative of Jordan at the United Nations. This essay first appeared in The Jordan and is republished with the author’s permission.
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Tags:Gaza invasion, Hasan Abu Nimah, inquiry, Israel, Israeli attacks on UN facilities, U.N. Secretary-General Ban Ki-moon, violations of international humanitarian law
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