Posts Tagged ‘war crime’

Israel’s massacre at sea

June 3, 2010

Bill Van Auken, wsws.org, June 3, 2010

The Israeli military’s killing of nine civilians and wounding of scores more on a ship carrying humanitarian supplies in international waters was an act of cold-blooded murder and a war crime.

For millions of people around the world, this military assault on an aid convoy carrying wheelchairs, cement, water purification systems, children’s toys and notebook paper to Gaza—all items barred by Israel’s blockade of the occupied territory—epitomizes the role played by Israel, as well as that of its US sponsor, in global affairs.

As always in the aftermath of such atrocities, the Israeli government has blamed its victims. In a televised speech Wednesday, Prime Minister Benyamin Netanyahu described the aid convoy as a “flotilla of terror supporters” and praised the slaughter on the high seas as an act of self-defense by besieged Israeli commandos.

Continues >>

A state born in sin

October 8, 2009
Morning Star Online, October 7,  2009

John Wight

Gaza was a war crime, and those responsible must be prosecuted. These are facts which the millions who came out in unprecedented mass demonstrations from Buenos Aires to Birmingham, from Montreal to Madrid, in response to Israel’s 22-day assault on Gaza back in January already knew.

Now they’ve been confirmed by an official UN investigation led by Richard Goldstone in a 574-page report.

A UN statement accompanying the report “concluded there is evidence indicating serious violations of international human rights and humanitarian law were committed by Israel during the Gaza conflict, and that Israel committed actions amounting to war crimes, and possibly crimes against humanity.”

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Hiroshima and Nagasaki

August 6, 2009
by Ralph Raico, Antiwar.com,  August 06, 2009

This excerpt from Ralph Raico’s “Harry S. Truman: Advancing the Revolution” in John V. Denson, ed., Reassessing the Presidency: The Rise of the Executive State and the Decline of Freedom (Auburn, Alabama: Ludwig von Mises Institute, 2001). (The notes are numbered as they are because this is an excerpt. Read the whole article.)

The most spectacular episode of Truman’s presidency will never be forgotten, but will be forever linked to his name: the atomic bombings of Hiroshima on August 6, 1945, and of Nagasaki three days later. Probably around two hundred thousand persons were killed in the attacks and through radiation poisoning; the vast majority were civilians, including several thousand Korean workers. Twelve U.S. Navy fliers incarcerated in a Hiroshima jail were also among the dead.87

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‘Get up you ape’ – video reveals abuse of Iraqi prisoners by British soldier

July 15, 2009

• Footage shown at inquiry into detainee’s death
• UK troops in Basra ‘used illegal stress techniques’

Soldier shouts abuse at Iraqi prisoners in video shown to Baha Mousa inquiry. Source: Press Association Link to this video

A British soldier screamed at hooded Iraqi prisoners, calling them “apes”, and others made Iraqis cry out in an “orchestrated choir” and forced one detainee to dance “in the style of Michael Jackson”, the public inquiry into the death in military custody of Baha Mousa heard today.

At its opening in London, the inquiry into the death of the hotel receptionist heard fresh evidence about how he and eight other civilians seized by British troops in Basra in September 2003 were abused by interrogation methods that had been condemned over decades by successive governments.

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Nuremberg Set a Valid Precedent for Trials of War-crime Suspects in Iraq’s Destruction

May 28, 2009

By Cesar Chelala | The Japan  Times, May 27, 2009

New York – The Nuremberg Principles, a set of guidelines established after World War II to try Nazi Party members, were developed to determine what constitutes a war crime. The principles can also be applied today when considering the conditions that led to the Iraq war and, in the process, to the deaths of hundreds of thousands of people, many of them children, and to the devastation of a country’s infrastructure.

In January 2003, a group of American law professors warned President George W. Bush that he and senior officials of his government could be prosecuted for war crimes if their military tactics violated international humanitarian law. The group, led by the New York-based Center for Constitutional Rights, sent similar warnings to British Prime Minister Tony Blair and to Canadian Prime Minister Jean Chretien.

Although Washington is not part of the International Criminal Court (ICC), U.S. officials could be prosecuted in other countries under the Geneva Convention, says Michael Ratner, president of the Center for Constitutional Rights. Ratner likened the situation to the attempt by Spanish magistrate Baltazar Garzon to prosecute former Chilean military dictator Augusto Pinochet when Pinochet was under house arrest in London.

Both former President George W. Bush and senior officials in his government could be tried for their responsibility for torture and other war crimes under the Geneva Conventions.

In addition, should Nuremberg principles be followed by an investigating tribunal, former President Bush and other senior officials in his administration could be tried for violation of fundamental Nuremberg principles.

In 2007, Luis Moreno-Ocampo, the ICC’s chief prosecutor, told The Sunday Telegraph that he could envisage a scenario in which both British Prime Minister Tony Blair and then President Bush faced charges at The Hague.

Perhaps one of the most serious breaches of international law by the Bush administration was the doctrine of “preventive war.” In the case of the Iraq war, it was carried out without authorization from the U.N. Security Council in violation of the U.N. Charter, which forbids armed aggression and violations of any state’s sovereignty except for immediate self-defense.

As stated in the U.S. Constitution, international treaties agreed to by the United States are part of the “supreme law of the land.” “Launching a war of aggression is a crime that no political or economic situation can justify,” said Justice Jackson, the chief U.S. prosecutor for the Nuremberg Tribunal.

Benjamin Ferencz, also a former chief prosecutor for the Nuremberg Trials, declared that “a prima facie case can be made that the United States is guilty of the supreme crime against humanity — that being an illegal war of aggression against a sovereign nation.”

The conduct and the consequences of the Iraq war are subsumed under “Crimes against Peace and War” of Nuremberg Principle VI, which defines as crimes against peace “(i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances; (ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).” In the section on war crimes, Nuremberg Principle VI includes “murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property.”

The criminal abuse of prisoners in U.S. military prisons in Iraq, Afghanistan and Guantanamo are clear evidence of ill- treatment and even murder.

According to the organization Human Rights First, at least 100 detainees have died while in the hands of U.S. officials in the global “war on terror,” eight of whom were tortured to death.

As for the plunder of public or private property, there is evidence that even before the war started, members of the Bush administration had already drawn up plans to privatize and sell Iraqi property, particularly that related to oil.

Although there are obvious hindrances to trying a former U.S. president and his associates, such a trial is fully justified by legal precedents such as the Nuremberg Principles and by the extent of the toll in human lives that the breach of international law has exacted.

Cesar Chelala, a cowinner of the Overseas Press Club of America award, writes extensively on human rights issues.

Blaming the Dead Victims

May 12, 2009

By DAVE LINDORFF | Counterpunch, May 11, 2009

We’re been here before, many times.

The US causes massive civilian deaths through its indiscriminate use of heavy air power, and then tries to claim it’s the enemy’s fault for “hiding” among the civilians and “using them as shields.”

In Vietnam, where the US was fighting against a local revolutionary movement that was seeking to overthrow the puppet regime backed by America, American planes routinely bombed and napalmed villages, claiming that the Viet Cong were hiding amongst the peasants. Women, old men and children would die in droves—several million of them by the time that war was over–and we’d be told it was all the fault of the Communists, who, we were told, had no regard for innocent life.

In Iraq, we took a city of 300,000, Fallujah, and effectively leveled it. Anyone who died there was presumed to be an insurgent, though the truth was, the Marines encircling the city before the onslaught only allowed fleeing women, girls and male children who were under the age 12 to flee, sending older boys and men seeking to get out back into the city to meet their fate.

Just this week, the brave Marines in Iraq blew away a 12-year-old boy after someone tossed a grenade their way.  Local people said the grenade had been tossed by an older man standing near the boy, who fled. The unlucky boy, who was just a kid who sold gum for a living, had not done anything, local people said.

Now it’s Afghanistan, where upwards of 120 people, including babies and small children, were slaughtered during a battle in a remote part of the country in the latest example of mass deaths at the hands of American forces. Local people say that several villages in the Bala Baluk district of Farah Province of were intensely bombarded by US planes, causing most if not all of the deaths. The US response to the initial charges of a mass slaughter of civilians was to blame the deaths on the Taliban. When it became clear that the victims had died of burns and shrapnel, not from bullets, the US came out with a new explanation: The Taliban had tossed grenades at the locals. But reporters at the scene reported seeing huge craters and leveled buildings—not what you get from hand grenades.  Then came reports of unusually deep and localized burns—the type caused by white phosphorus—a weapon that the US has used widely in Iraq–including in densely populated Fallujah—and in Afghanistan.

The Pentagon immediately said it did not use white phosphorus bombs in the battle in question, and suggested instead that perhaps the Taliban had used phosphorus grenades. This again was an absurd argument. The purpose of phosphorus weapons, primarily, is to light up a battlefield, but Taliban fighters don’t want lit up battlefields. They prefer operating the dark. It is the US that wants to light up targets.

Besides, there are those craters to explain.

So the next dance step was to say that the Taliban had caused the deaths, because during their retreat they had fled to the town, miles from the scene of the battle that led to the calling in of air support by US advisers to embattled government forces, and in so doing, had brought the attack upon the villagers.

Well, assuming that is true, there is still the problem that under the Geneva Conventions, it is a war crime to attack an enemy where the risk of harming large numbers of civilians is too great. The extreme example would the bombing of a school full of children on the grounds that a few enemy soldiers were hiding in the school (something that the Israeli military did in Gaza during the recent invasion, causing the deaths of dozens of children). But bombing a town full of people in order to hit a few retreating enemy fighters is equally criminal—a point that the Pentagon, and the compliant US media, are ignoring.

Barack Obama’s war in Afghanistan—for it is indeed his war now—is turning into the same kind of bloody imperial slaughter that Iraq was earlier under President Bush.  The stated objective—eliminating Al Qaeda—has been lost. The enemy of all this fighting isn’t Al Qaeda at all; it is the indigenous Taliban—the former governing power in Afghanistan until the US invasion in 2001, and a political organization that never was an enemy of the US.

Whatever one might think of the religious fanatics and misogynists who go under the name Taliban, they are not seeking to overthrow the West. They are simply seeking to return to power in Afghanistan, one of the poorest, remotest, and economically and politically least important countries in the world.

And to defeat that movement, if that can even be done, the US is going to have to kill Afghani civilians by the truckload, as it has been doing.

And then there has to be the inevitable dancing around to hide the criminality of what the US is doing.

The blame-the-victim dance goes on.

Dave Lindorff is a Philadelphia-based journalist and columnist. His latest book is “The Case for Impeachment” (St. Martin’s Press, 2006 and now available in paperback). He can be reached at dlindorff@mindspring.com

Falk: Gaza offensive possible ‘war crime’

March 20, 2009
Al Jazeera, March 20, 2009

Falk said the Gaza border blocade trapping Gazans in a war zone may also be a crime against humanity

The United Nations special rapporteur on human rights in the Palestinian territories has said Israel’s military offensive on Gaza “would seem to constitute a war crime of the greatest magnitude under international law”.

Richard Falk calls the Israeli attacks a “massive assault on a densely populated urbanised setting”, with the civilian population subjected to “an inhumane form of warfare that kills, maims and inflicts mental harm”.

His findings were written in a report submitted to the UN Human Rights Council on Thursday.

Islamic and African countries backed by China, Cuba and Russia have a majority in the 47-member forum.

Neither Israel nor US, its principal ally, are members.

Falk said the Geneva Convention required forces at war to be able to distinguish between military targets and civilians.

If that is not possible, then “launching the attacks is inherently unlawful”.

Israel launched its offensive on the Hamas-run Gaza Strip in December saying it aimed to stop rocket fire by Hamas into southern Israel.

A ceasefire was declared on January 18 after the offensive left 1,300 Palestinians dead, many of them women and children.

Three Israeli civilians and 10 soldiers were killed during the offensive.

Another crime

Falk said that the Gaza border blockade also was not legally justified and may represent a “crime against peace”, a principle established at the Nuremberg trials of Nazi war criminals.

Sealing the border, denying people the right to flee the war zone as refugees, may also be a crime against humanity, his report said.

In video

Gaza family tells of Israeli shooting

Israeli soldiers say killing civilians ‘allowed’

He said Israel’s violations included alleged “targeting of schools, mosques and ambulances” during the offensive, and its use of weapons including white phosphorus, as well as Hamas firing rockets at civilian targets in southern Israel.Falk called for an independent experts group to investigate possible war crimes committed by both the Israeli military and Hamas.

He recommended witness testimonies as well as explanations from Israeli and Palestinian military commanders.

Falk gave the same death toll from Israel’s offensive in December and January – 1,434 Palestinians, 960 of those civilians – as the Palestinian Human Rights Centre.

Israel disputes the figures and accuses Hamas fighters in Gaza of using civilians as human shields.

Falk said Israel’s allegation should be investigated.

Criminal tribunal urged

Falk suggested the UN Security Council might set up an ad hoc criminal tribunal to establish accountability for war crimes in Gaza, noting Israel has not signed the Rome statutes establishing the International Criminal Court.

He was refused entry into Israel two weeks before the offensive started, preventing him from a planned mission to Gaza. In the report, he said the refusal had set an “unfortunate precedent” for treatment of a special rapporteur.

Israel dropped bombs on Gaza saying it wanted to halt rocket fire from Hamas [EPA]

Speaking to Al Jazeera from Santa Barbara, California, Falk said he is not optimistic that his report will lead to concrete action.”There is a lack of political will on the part of several major governments,” he said.

“There has all along been a pervasive double standard with respect to the implementation of international criminal law.

“It has been applied to non-Western countries in the south and has exempted actors associated with Europe, North America and, generally, the north.”

Falk’s criticism came as reports surfaced in the Israeli media suggesting that Israeli forces killed Palestinian civilians under what may have been lax rules of engagement during the Gaza offensive.

Property ransacked

Quoting Israeli soldiers who fought in the offensive, the Haaretz newspaper reported on Thursday that soldiers had ransacked and destroyed civilian property.

The soldiers’ testimony, made at a course at Oranim Academic College in Tivon, runs counter to the Israeli army’s claims that troops observed a high level of moral behaviour during the operation.

The testimonies include a description by an infantry squad leader in which he relates an incident where an Israeli sharpshooter shot a Palestinian mother and her two children, Haaretz reported.

If proved, the soldiers’ testimonies could contribute to war crimes charges against Israel.

Amnesty International Report: “Wanton Destruction” by Israel in Gaza

March 7, 2009
author Saturday March 07, 2009 04:32author by Saed Bannoura – IMEMC News Report this post to the editors

Amnesty International has released a report saying that Israel engaged in “wanton destruction” of Palestinian homes during its recent invasion of the Gaza Strip.

Amnesty International logo
Amnesty International logo

An estimated 14,000 homes, 219 factories, and 240 schools were destroyed in the three-week long Israeli attack in January.

The Amnesty report to say that this ‘wanton destruction’ would qualify as a war crime, as there was no military objective in most cases.

A group of Israeli soldiers have echoed the findings of the Amnesty report.  ‘Breaking the Silence’ is an organization made up of Israeli soldiers who have served in the Occupied Palestinian Territories.

The group’s president, Yehuda Shaul, said that the group has gathered testimonies from soldiers who were part of the Gaza invasion, and the testimonies indicate that most of the demolition was done after an area was under Israeli control.

Tens of thousands of Palestinians were rendered homeless during the Israeli invasion of Gaza, and fourteen hundred were killed.  Of those, one thousand were civilians.  Fourteen Israelis were killed during the same time period, nine of whom were soldiers.

The Israeli destruction of Gaza and international silence

February 14, 2009

by Ann Wright

I travelled to Gaza last week with Medea Benjamin and Tighe Berry of Codepink: Women for Peace. We were allowed by the Egyptian government to enter Gaza for only 48 hours.I knew that 1026 of the 1330 who were killed in the Israeli attacks on Gaza were civilians. Of the 1026 civilians, 282 were children, 111 women, 168 civilian policemen and 501 civilian men died in Israeli bombings. 274 have been classified as combatant deaths.

I knew that the estimates for the cost of reconstruction to the destruction done by Israeli bombing is over $2 billion. After seeing the destruction in Gaza City, I thought I would be prepared for North Gaza. I had heard the damage done by F-16s and tanks was substantial, but I was stunned by the large number of apartment buildings and industries that had been blown up and destroyed by the Israeli military in the northern Gaza border region with Israel.

The Israeli military destroyed virtually everything in a corridor along the border in Jabalia and forced the evacuation of Gazans back into the center part of Gaza, a tiny area 45 kilometers long and 8 kilometers wide. Homes and factories were leveled and tens of thousands of citizens were left homeless. We saw five tent camps that had been set up by relief organizations. Living conditions are spartan.

Nahed, a project manager for Palestine Medical Relief Society, guided us through the wreckage of North Gaza. We visited one of the four primary health care facilities PMRS operates, with an overworked staff trying to cope with the medical and emotional challenges of those who have returned to their bombed out homes with family members dead or injured.

37 Members of One Family Killed as Israeli Military Orders 150 into a Building then Bombs it

In the Al Zaiton area in northern Gaza, we met with the remaining members of the al Samouni family. The large extended family lived in many houses and some family members operated a poultry farm in the area. After the Israeli army invaded, Army personnel ordered 150 members of the family into one large home and then bombed the home as well as all the numerous homes and buildings of the family. 37 members of the family were killed and many were injured. The Israeli government said the military had made a mistake.
The al Samouni family set up several large tents for the numerous visitors who come by the area to pay respects. One tent had eight women inside. All had family members killed and wounded in the attacks. We spoke with Ibtessana al Samouni who had two children killed and her husband and daughter seriously injured and are being treated in Saudi Arabia. One of her sons was also injured and is in a military hospital in Cairo. She and her remaining 5 children are living with other relatives in Gaza City. Ibtessana had a glazed stare and kept repeating that no one in her family had done anything to the Israelis. We saw in her eyes the disbelief that some of her children were dead and that she would not see her husband and other children for months. The emotional health of the al Samouni extended family considering the large number of deaths and injuries in the family seemed precarious.

The family area, a section of land about ½ mile by ½ mile was completely bombed. It looked like a huge tornado or hurricane had wiped out the area. The poultry farm was totally destroyed and bulldozers were pushing the rotting chicken carcasses into a pit while we were there.

Life Without Your Home

Dressed in her black abaya, Izbet Abed Rabu told us she and her family of five children and her husband now live in a tent provided by the United Nations after her home was destroyed in Jabalia, northern Gaza. She showed us her two story concrete block home that was flattened into rubble. Her eyes teared over as she said she was lucky. No one in her family had been killed in the Israeli naval shelling and rocket attacks, but her neighbors had been hit hard. Two neighboring families each had three family members killed.

Izbet pointed to the white tent provided by the United Nations and said that after two weeks they still have only blankets, but no cots or any “furniture” inside the tents. With the night desert temperatures falling into the low 40 degrees, she said her four children are cold. The children are not yet in school.

Industries Systematically Destroyed

There are few industries left in northern Gaza and the Israeli military destroyed 10-15 of those remaining industries including two cement companies, a dairy, gas station, an aluminum recycling company and a health products company. The production capacity of Gaza has been severely impacted by the Israeli warplanes.

Agricultural Lands Purposefully Destroyed

We walked in the agricultural lands mangled by Israeli tanks that had been positioned in the fields near the medical clinic. The fruit trees in one field had been completed knocked down and bulldozed over. Olive orchards throughout Gaza were systematically destroyed by Israeli tanks.

Schools Destroyed

Close by was Khalil al Noubany High School that had been used by Israeli soldiers. To secure the building they blew holes in it setting part of it on fire. The remaining part was occupied and used to fire on any one remaining in the area. The Israeli soldiers trashed the school. They left h military trash everywhere. School books and supplies had been thrown on the floor and walked on in virtually all the classrooms. It was quite obvious that they soldier had intentionally damaged the insides of the classrooms and purposefully destroyed books and educational materials. The headmaster of the school, who arrived as we were looking at the school, said that the school had served 550 girl students in the morning and 530 male students in the afternoon. She told us that the school is so severely damaged that it cannot reopen this year and students are having to travel to the few remaining schools that are open in Gaza.

Later in the day while he was serving double duty as a Gaza government official at the Rafah, Gaza border crossing, Mr. Ahmed Ayes Alnajjar of the Ministry of Education told us that 7 schools in Gaza were totally destroyed and 135 schools were substantially damaged.

The Prison Called Gaza

We left northern Gaza and headed for the Rafah border crossing with Egypt. We had to be across the border into Egypt by 5pm as the Egyptian government was closing the border. If we did not exit Gaza by 5pm we too would be imprisoned in Gaza until the border crossing reopened-which might be months. So after only 48 hours in Gaza, we were forced to depart.

On the way to the Gaza border, we stopped to see a few of the 1500 tunnels that Palestinians have dug since the borders of Gaza were closed and the siege began. Palestinians have been locked into the prison called Gaza for the past sixteen months.

Bombing Tunnels With a Blind Eye

The tunnel area is in plain sight next to the Egyptian border. It is a surreal scene. Buildings behind the tunnel area have been bombed and are destroyed. Trucks and cars are parked under the remaining roofs of a large bombed out fresh air market– ready to move goods from the tunnel area.

Mounds of fresh sand are everywhere indicating that tunnels are still being dug. Generators hum providing air into the tunnels and powering the cables that pull loads of every imaginable type of goods from vegetables, canned goods, bags of rice and sugar, merchandise for hardware stores, etc. through the tunnels to the surface on the Gaza side.

Every tunnel is surrounded by barriers made of light fencing covered with large plastic bags. Young men are busy hauling up goods that have been brought through the tunnel from Egypt.

The tunnel “managers” we spoke with were surprisingly open in allowing us to come into the areas and talk with them. They said that about 900 tunnels have been destroyed or partially damaged by Israeli bombs. Most are being rebuilt, despite the almost daily bombing by Israeli war planes. The tunnels we saw had openings about 4 feet across. The entry holes were from 50 to 65 feet deep and the tunnels were 500 to 1,000 feet long. One tunnel opening was built with concrete blocks and another opening was built with wood.

The tunnel manager said that to rebuild a tunnel that has been blown up takes about half the time to reopen and digging a new tunnel. The tunnel areas are little cities with electricity, water, food and coffee at each tunnel entrance.

Tunnel digging is about the only employment for young men in Gaza. They earn 100 shekels ($25) per day for digging in the tunnels. One manager said many tunnel diggers had died when the reinforced sand tunnels collapsed during construction. But young men continue to risk the dangers as tunnel construction is one of the few jobs available to them.

While we did not see the other end of the tunnel operation on the Rafah, Egypt side of the border, it is inconceivable that Egyptian authorities do not know where the tunnel openings are. All they have to do is to follow the parade of trucks loaded with merchandise that come into Rafah, Egypt.

After coming through the border we stopped in Rafah, Egypt to see what the smuggling town was like. The police presence was tremendous. We had barely gotten our bags out of the taxi when a policeman was at our side asking why we were in Rafah. We replied that we were hungry and wanted to get something to eat. We stopped at a small falafel stand and for the next hour were watched by police. As one of us would go to explore the main street, police would follow in the distance. They definitely did not want us straying off the main road and back into the houses and businesses where the tunnel entrances are.

It is remarkable that all the tunnels haven’t been bombed. With the sophisticated satellite views, cameras from drones, tethered radar and surveillance balloon and the $32 million tunnel detection equipment provided by the U.S. government, the Israeli, Egyptian and United States’ governments know exactly where the tunnels are.

But, closing the border provides Egyptian and Israeli businessmen a tremendous opportunity to sell goods to people in Gaza at very high prices. No doubt, Egyptian and Israeli government officials are paid to turn a blind eye to the tunneling and “smuggling.” Determining who profits economically from the occupations and sieges is fascinating. A new Israeli website http://www.whoprofits.org tracks who profits financially from the occupation and no doubt profits from the blockade and will profit from the rebuilding of destroyed Gaza.

Israeli bombing of tunnels is, of course, only on the Gaza side. No one is bombing the entrances to the tunnels on the Egyptian side of the border.

The tunnel economy means that for the ordinary citizens of Gaza, where there is a 70% unemployment rate and where over 900,000 of the 1.5 million in Gaza are on United Nations rations, closing the border and forcing commerce through the tunnels they pay exorbitant fees for every item brought through the tunnels.

SILENCE from the International Community

The sights we saw in Gaza were tragic-a goliath Israel pounding a small Gaza David with international silence and complicity in the 22 day military attack on Gaza and on the 16 month siege of Gaza. 1330 Palestinians have died, 5400 have been wounded and hundreds of thousands with memories of the bombings and invasion and occupation. Over $2 billion will be spent on rebuilding destroyed homes, businesses and factories. And there is SILENCE!!

Smashing of Gaza is a War Crime

I deplore the use of rockets against Israeli towns by Hamas and other groups in Gaza which have killed approximately 20 Israelis.

But, as a military officer who taught the Geneva Conventions and the Law of Land Warfare in US military schools, I fully believe the disproportionate response by the Israeli government and military in the smashing of Gaza is a violation of international law and a war crime.

Ann Wright is a 29 year US Army/Army Reserves veteran who retired as a Colonel and a former US diplomat who resigned in March, 2003 in opposition to the war on Iraq.  She served in Nicaragua, Grenada, Somalia, Uzbekistan, Kyrgyzstan, Sierra Leone, Micronesia and Mongolia.  In December, 2001 she was on the small team that reopened the US Embassy in Kabul, Afghanistan.  She is the co-author of the book “Dissent: Voices of Conscience.”  (www.voicesofconscience.com)

Cornering of Civilians Unprecedented, Says UN Official

January 24, 2009

By David Cronin BRUSSELS | Inter Press Service

Jan 22 (IPS) – Israel’s refusal to allow civilians any exit route from Gaza as its defence forces rained bombs down on schools and houses appears unprecedented in modern warfare, a United Nations investigator has said. Richard Falk, the UN’s special rapporteur on human rights in the occupied Palestinian territories, described the sealing off of the Gaza Strip in order to ensure that nobody could flee it as “a distinct, new and sinister war crime.” “For the first time in a military operation, the civilian population as a whole has been locked into a war zone,” he told a meeting of the European Parliament by telephone. “No children, women, sick people or disabled people were allowed to leave. For the first time, the option of becoming a refugee has been withheld.” Arguing that the conduct of the three-week offensive against Gaza could amount to a “horrible abuse of Israel’s role as the occupying power,” he noted that international law – particularly the 1949 Geneva convention – obliges the occupier to provide adequate food and medical facilities to the population it seeks to control. The 18-month blockade which preceded Operation Cast Lead was “unlawful”, he added. Aged 78, Falk boasts a lengthy record as an academic, and as a campaigner for disarmament and human rights and on environmental issues. Yet his outspoken defence of Palestinian civilians has made him something of a persona non grata for the Israeli government. Last year it refused to allow him to enter the occupied territories, accusing him of an anti-Israel bias. Zvi Tal, deputy head of Israel’s embassy to the European Union, sought to defend the attacks on Gaza by describing the situation there as “a very peculiar one.” Since the Islamic organisation Hamas fought its rival Fatah over who should administer Gaza in 2007, the territory has had the status of a “hostile entity”, he said, claiming that Israel bombed UN schools because some gunmen had taken shelter there “in order to drag us in.” “Sometimes in the heat of fire and the exchange of fire, we do make mistakes,” Tal told IPS. “We’re not infallible.” Of the 1,330 people killed during the operation, 904 were civilians. The Palestinian ministry of health has stated that the dead included 437 children, 123 elderly men and 110 women. By contrast, 13 Israelis, three of them non-combatants, lost their lives. Raji Sourani, Gaza-based director of the Palestinian Centre for Human Rights, noted that more bodies are continuously being extricated from the rubble of razed buildings. He said 27 persons died Jan. 21 alone from injuries in the bombing. He castigated the EU for not taking a firm line against Israel’s actions. The Union abstained from voting on a motion put before the UN Human Rights Council earlier this month on the need to investigate violations of human rights and humanitarian law by Israel. The Czech Republic, which holds the EU presidency, said the motion “addressed only one side of the conflict.” Sourani also protested at the decision of EU governments in December to go ahead with a planned upgrading of their relations with Israel. Despite numerous reports that Israel was systematically discriminating against Palestinians, the EU agreed to continue with moves to make Israel a ‘privileged partner’. This would integrate Israel into the EU’s single market to a large degree. “It is a shame to see the conspiracy of silence from official Europe,” Sourani added. “It is a shame that Europe rewarded Israel’s de facto apartheid system and its economic and social suffocation of Gaza by upgrading relations with Israel.” Next week, the EU’s foreign ministers will assess the situation in Gaza when they meet in Brussels. A Cypriot member of the European Parliament (MEP) Kyriacos Triantaphyllides, urged them to call off efforts to develop closer ties with Israel. “We can’t talk about upgrading relations with Israel at the moment,” he said. “I’m sorry, we just can’t.” Hélène Flautre, a French Green MEP, dismissed claims by Israel that it had to bomb schools because Hamas may have been firing from them. “Just because a fighter is in a school, you cannot go and kill a hundred civilians,” she said. “That is not allowed under international law.” Normally, the Red Cross, a humanitarian organisation, refrains from making public comments. Yet it has strongly denounced Israel’s activities in Gaza, complaining about how children have been found hungry beside the corpses of their parents because aid workers had been preventing from reaching them. Vincent Cassard, deputy head of the organisation’s Middle East division, complained that “a number of people died because of lack of access to healthcare” and that half of Gaza’s 1.5 million inhabitants do not have proper access to water or sanitation. He also protested at how the Al-Quds hospital, run by the Palestinian Red Crescent society, had been targeted by Israeli forces. Filippo Grandi, deputy chief of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), said that up to 50,000 people sought refuge in schools operated by his agency. On at least three occasions civilians were killed inside or in the immediate vicinity of those schools. He argued that unless the blockade of Gaza is lifted and progress made towards resolving the underlying political problems there, recovery from Israel’s offensive “will be difficult and I fear impossible.” (END/2009)