Agence France Press. April 21, 2009 - The first bank affiliated with the Hamas movement running Gaza opened on Tuesday in the Israeli-blockaded coastal strip which lies outside the Palestinian Authority's control.
"We are opening the bank today and are beginning to offer our services to the public," Alaa al-Rafati, head of the National Islamic Bank, told AFP.
The National Islamic Bank has 20 million dollars in start-up capital and will operate under Islamic finance rules, he said.
With offices on four floors of a building in central Gaza City, the bank will hold the accounts of 6,000 Hamas employees whose salaries are to be deposited in the bank.
Rafati did not say how the Islamist movement acquired the start-up capital in a territory under Israeli embargo since Hamas, which is pledged to the destruction of the Jewish state, violently seized power in 2007.
Because of the blockade, which has prevented all but essential humanitarian goods from entering the territory, Gaza's banks have faced a virtually constant liquidity crisis.
Rafati said no such problems would plague the new bank.
"We have absolutely no crisis of liquidity, be it shekels or dollars. This will allow us to win the confidence of customers."
Although the vast majority of the board of directors are members of Hamas, including Rafati, he said the bank was "a private enterprise aimed at making profit and is not associated to Hamas or to the government in Gaza."
The Palestinian Authority -- which Hamas loyalists booted out of Gaza in a week of deadly street fighting in June 2007 -- has refused to issue the bank a licence and called for it to be boycotted.
The Gaza Strip has been outside the control of the PA and Palestinian president Mahmud Abbas since the Hamas takeover.
Tuesday, April 21, 2009
Opinion: America's Jews Must Speak Up Over Gaza - Richard Silverstein
The Guardian, April 20, 2009 - ....There can be no doubt that horrors such as Gaza serve as moral ice-breakers in the psyche of diaspora Jews. Ideas that hitherto might have been taboo or "anti-Israel" become suddenly legitimate. As Israel drifts farther to the right, American Jews are challenged to respond morally. In this context, the forbidden becomes acceptable. Boycotts, divestment, sactions and war crimes investigations now appear tools through which to try to draw Israel back from the brink.
No major American-Jewish peace group has called for a Gaza war crimes investigation. It is a sensitive subject among diaspora Jews. But if Israeli human rights organisations can make such a call, there is no reason why Americans should be
My motivation in writing this is not to avenge the deaths of innocent Palestinians. Nor is it for pure justice. It is rather to bring Israel back from the brink. Like one of the slogans of the Israeli military during the Gaza war – "baal habayit hishtageya" ("the boss has lost it") – Israel's policy has verged on madness. Nor has it achieved its objective of pacifying Gaza or toppling Hamas. And isn't one of the definitions of madness to repeat a behaviour even after it has failed, with the conviction that it will succeed the next time? When you see a loved one or family member descending into self-destruction, you reach out and help. My goal is to turn Israel away from the path of madness.
Richard Silverstein writes Tikun Olam, a blog dedicated to resolution of the Israeli-Arab conflict. He also contributed to the Independent Jewish Voices essay collection A Time to Speak Out.
No major American-Jewish peace group has called for a Gaza war crimes investigation. It is a sensitive subject among diaspora Jews. But if Israeli human rights organisations can make such a call, there is no reason why Americans should be
My motivation in writing this is not to avenge the deaths of innocent Palestinians. Nor is it for pure justice. It is rather to bring Israel back from the brink. Like one of the slogans of the Israeli military during the Gaza war – "baal habayit hishtageya" ("the boss has lost it") – Israel's policy has verged on madness. Nor has it achieved its objective of pacifying Gaza or toppling Hamas. And isn't one of the definitions of madness to repeat a behaviour even after it has failed, with the conviction that it will succeed the next time? When you see a loved one or family member descending into self-destruction, you reach out and help. My goal is to turn Israel away from the path of madness.
Richard Silverstein writes Tikun Olam, a blog dedicated to resolution of the Israeli-Arab conflict. He also contributed to the Independent Jewish Voices essay collection A Time to Speak Out.
Labels:
Commentary and Analysis
Monday, April 20, 2009
Prisoner's Day Demonstrations in Gaza
International Solidarity Movement blog, April 16, 2009 -
Labels:
Culture/Media,
Palestinian Politics
Human Rights Watch Releases New Report Charging That Hamas Engaged in Political Killings, Torture During and After Gaza War
Human Rights Watch press release, April 20, 2009 - Hamas should end its attacks on political opponents and suspected collaborators in Gaza, which have killed at least 32 Palestinians and maimed several dozen more during and since the recent Israeli military offensive, Human Rights Watch said in a report released today. Human Rights Watch called on Hamas authorities in Gaza to hold those responsible accountable.
The 26-page report, "Under Cover of War: Hamas Political Violence in Gaza," documents a pattern since late December 2008 of arbitrary arrests and detentions, torture, maimings by shooting, and extrajudicial executions by alleged members of Hamas security forces. The report is based on interviews with victims and witnesses in Gaza and case reports by Palestinian human rights groups.
The spate of attacks began during Israel's military operation, from December 27, 2008, to January 18, 2009, including the summary execution of 18 men in Gaza, most of them suspected collaborators with Israel.It has continued in the three months since, with 14 more killings, at least four of them of people in detention.
"During Israel's attack on Gaza, Hamas moved violently against its political opponents and those deemed collaborators with Israeli forces," said Joe Stork, deputy director of Human Rights Watch's Middle East and North Africa division. "The unlawful arrests, torture, and killings in detention continued even after the fighting stopped, mocking Hamas's claims to uphold the law."....
Human Rights Watch urged the Hamas authorities to prosecute vigorously any security force member found to have violated the law. "Four investigations into 32 deaths are not enough," Stork said.
Most of the 18 Palestinians executed during Israel's military operations were men accused of collaboration with Israel, Human Rights Watch said. Along with others, they had escaped from Gaza's main prison after Israeli aircraft bombed parts of the facility on December 28. Gunmen believed to be from Hamas then tracked down and shot the men.
During the Israeli operations, Hamas security forces also physically attacked known Fatah members, especially those who had worked in the Fatah-run security services of the Palestinian Authority prior to June 2007. The widespread practice of maiming people by shooting them in the legs is of particular concern.
According to the Independent Commission for Human Rights (ICHR), the human rights ombudsman organization of the Palestinian Authority, masked gunmen shot at least 49 people in the legs between December 28 and January 31....
Abductions and severe beatings are another major concern, Human Rights Watch said. According to the ICHR, unidentified perpetrators broke the legs and arms of 73 Gazan men from December 28 to January 31. Human Rights Watch interviewed three Fatah supporters, all men, who were violently assaulted by men believed to be from Hamas....
On the other side of the internal Palestinian divide, the Fatah-run authorities in the West Bank have increased repressive measures against Hamas members and supporters there, Human Rights Watch said. From December 28 to February 28, Palestinian human rights groups recorded 31 complaints of residents who said they had been tortured by Fatah-led security forces. They also recorded one known death in custody and the arbitrary detention of two journalists from a private television station considered pro-Hamas.
United States and European Union donors who finance and train Fatah-run forces in the West Bank have expressed no public criticism of these serious human rights violations....
The abuses committed in both Gaza and the West Bank violate Palestinian law. The Palestinian Basic Law, considered to be the interim constitution, guarantees the right to equal treatment before the law, freedom of expression and association, and fundamental due process rights. It prohibits torture and other mistreatment....
The 26-page report, "Under Cover of War: Hamas Political Violence in Gaza," documents a pattern since late December 2008 of arbitrary arrests and detentions, torture, maimings by shooting, and extrajudicial executions by alleged members of Hamas security forces. The report is based on interviews with victims and witnesses in Gaza and case reports by Palestinian human rights groups.
The spate of attacks began during Israel's military operation, from December 27, 2008, to January 18, 2009, including the summary execution of 18 men in Gaza, most of them suspected collaborators with Israel.It has continued in the three months since, with 14 more killings, at least four of them of people in detention.
"During Israel's attack on Gaza, Hamas moved violently against its political opponents and those deemed collaborators with Israeli forces," said Joe Stork, deputy director of Human Rights Watch's Middle East and North Africa division. "The unlawful arrests, torture, and killings in detention continued even after the fighting stopped, mocking Hamas's claims to uphold the law."....
Human Rights Watch urged the Hamas authorities to prosecute vigorously any security force member found to have violated the law. "Four investigations into 32 deaths are not enough," Stork said.
Most of the 18 Palestinians executed during Israel's military operations were men accused of collaboration with Israel, Human Rights Watch said. Along with others, they had escaped from Gaza's main prison after Israeli aircraft bombed parts of the facility on December 28. Gunmen believed to be from Hamas then tracked down and shot the men.
During the Israeli operations, Hamas security forces also physically attacked known Fatah members, especially those who had worked in the Fatah-run security services of the Palestinian Authority prior to June 2007. The widespread practice of maiming people by shooting them in the legs is of particular concern.
According to the Independent Commission for Human Rights (ICHR), the human rights ombudsman organization of the Palestinian Authority, masked gunmen shot at least 49 people in the legs between December 28 and January 31....
Abductions and severe beatings are another major concern, Human Rights Watch said. According to the ICHR, unidentified perpetrators broke the legs and arms of 73 Gazan men from December 28 to January 31. Human Rights Watch interviewed three Fatah supporters, all men, who were violently assaulted by men believed to be from Hamas....
On the other side of the internal Palestinian divide, the Fatah-run authorities in the West Bank have increased repressive measures against Hamas members and supporters there, Human Rights Watch said. From December 28 to February 28, Palestinian human rights groups recorded 31 complaints of residents who said they had been tortured by Fatah-led security forces. They also recorded one known death in custody and the arbitrary detention of two journalists from a private television station considered pro-Hamas.
United States and European Union donors who finance and train Fatah-run forces in the West Bank have expressed no public criticism of these serious human rights violations....
The abuses committed in both Gaza and the West Bank violate Palestinian law. The Palestinian Basic Law, considered to be the interim constitution, guarantees the right to equal treatment before the law, freedom of expression and association, and fundamental due process rights. It prohibits torture and other mistreatment....
Labels:
Legal Issues,
Palestinian Politics
Norwegian Lawyers File Charges Against Israel in Geneva Over Gaza Attack
Kuwait News Agency, April 20 (Geneva) - A group of Norwegian lawyers has submitted a complaint to The National Authority for Prosecution of Organised and Other Serious Crime against a number of Israeli officials among them Former Prime Minister Ehud Olmert, Former Minister of Foreign affairs Tzipi Livni, Former Minister of Defence Ehud Barak in the Olmert former government and leading generals of the army. The complaint is submitted pursuant to the Norwegian Penal Code Articles 102 to 109 and concerns crimes of war and gross violation of international humanitarian law and is directed against Israel's attack on Gaza in the period from 27th December 2008 till 25th January 2009.
The Norwegian lawyers said that it is clear that Israel, during the course of the actions have contravened basic regulations of international law, pertaining to warfare, hereunder the duty to discriminate between military and civil targets. It is also obvious that, to the extent Israel has engaged military targets, the civil damages are of such a magnitude that they cannot be defended by the military advantages gained.
The Norwegians lawyers are requesting that the subjects of this complaint be arrested, should they come to Norway, alternatively that they be searched for and arrested through the international police collaboration in which Norway participates. Moreover, it is requested that they be indicted and punished. Norway has both a duty and a right to see to it that such prosecution be made.
The Norwegian lawyers are attorneys Loai Deeb, Pal Hadler, Bent Endresen, Geir Hoin, Harald Stabellog, Kjell M. Brygfjeld.
The Norwegian lawyers said that it is clear that Israel, during the course of the actions have contravened basic regulations of international law, pertaining to warfare, hereunder the duty to discriminate between military and civil targets. It is also obvious that, to the extent Israel has engaged military targets, the civil damages are of such a magnitude that they cannot be defended by the military advantages gained.
The Norwegians lawyers are requesting that the subjects of this complaint be arrested, should they come to Norway, alternatively that they be searched for and arrested through the international police collaboration in which Norway participates. Moreover, it is requested that they be indicted and punished. Norway has both a duty and a right to see to it that such prosecution be made.
The Norwegian lawyers are attorneys Loai Deeb, Pal Hadler, Bent Endresen, Geir Hoin, Harald Stabellog, Kjell M. Brygfjeld.
Iran Convenes Conference of Legal Experts from Muslim Countries to Discuss Accountability for Gaza
PressTV (Iran), April 20, 2009 - Tehran steps up efforts to bring Israeli authorities to justice by opening an international conference on their war crimes against Gazans.
While the horrors of Israel's 22-day assault on Gaza sink into oblivion in the international community, some 200 legal experts from various Muslim countries will convene in Iran to put forward a case against the Israeli leadership.
The two-day summit--which will open in Tehran on Tuesday--is slated to explore legal and judicial ways to prosecute Israeli political and military officials for resorting to acts of genocide and crimes against humanity in the war against Palestinians.
As a signatory to the Geneva Convention, the Islamic Republic reserves the right to prosecute Israel as culpable for war crimes.
Meanwhile, the victims of Tel Aviv's three-week offensive on Gaza have taken to the Iranian Judiciary a criminal lawsuit against the Israeli leadership.
“The Gazan victims have lodged a complaint with Iran's Judiciary Chief Ayatollah Mahmoud Hashemi Shahroudi and have compiled detailed evidence of Israeli war crimes to defend their case,” said Iranian Prosecutor General, Saeed Mortazavi, on Monday.
Mortazavi asserted that Tehran would pursue a request for the International Criminal Police Organization (ICPO or Interpol) to issue an international Red Notice security alert for the 25 Israeli leaders who were involved in the 22-day Israeli offensive on Gaza.
While the horrors of Israel's 22-day assault on Gaza sink into oblivion in the international community, some 200 legal experts from various Muslim countries will convene in Iran to put forward a case against the Israeli leadership.
The two-day summit--which will open in Tehran on Tuesday--is slated to explore legal and judicial ways to prosecute Israeli political and military officials for resorting to acts of genocide and crimes against humanity in the war against Palestinians.
As a signatory to the Geneva Convention, the Islamic Republic reserves the right to prosecute Israel as culpable for war crimes.
Meanwhile, the victims of Tel Aviv's three-week offensive on Gaza have taken to the Iranian Judiciary a criminal lawsuit against the Israeli leadership.
“The Gazan victims have lodged a complaint with Iran's Judiciary Chief Ayatollah Mahmoud Hashemi Shahroudi and have compiled detailed evidence of Israeli war crimes to defend their case,” said Iranian Prosecutor General, Saeed Mortazavi, on Monday.
Mortazavi asserted that Tehran would pursue a request for the International Criminal Police Organization (ICPO or Interpol) to issue an international Red Notice security alert for the 25 Israeli leaders who were involved in the 22-day Israeli offensive on Gaza.
Labels:
Legal Issues,
Regional Dynamics
Sunday, April 19, 2009
Commemorating Palestinian Prisoners - Reham Alhelsi
Palestine Think Tank, April 18, 2009 - Every year, on April 17, Palestinians commemorate the Palestinian Political Prisoners Day. On 17.4.1974 the first Palestinian political prisoner, Mahmoud Baker Hijazi, was released from Israeli prisons in the first prisoner exchange deal with Israel. That same year, the Palestinian National Council declared the 17th of April a day of solidarity with Palestinian political prisoners, to be commemorated every year. In Occupied Palestine prison and imprisonment are as common as sunrise and sunset. There is almost no family that had not been subjected to Israeli imprisonment one way or the other. Palestinians are being detained on a daily basis, making them the most imprisoned people on earth. It is difficult to estimate their number, but several sources put the number of Palestinians detained or imprisoned by Israel since 1967 at over 750,000 Palestinians, making 20% of the total Palestinian population in the Occupied Territories, and approximately 40% of the total Palestinian male population. With the outbreak of the 2nd Intifada in September 2000 until September 2008 some 65,000 men, 750 women and 7,500 children were arrested by Israel. According to the ICRC, in October 2008 there were 10,500 Palestinians in Israeli prisons. Addammeer puts the number at 9,493, 750 of which are administrative detainees, 349 aged 18 and under, and 75 are females. Among those detained are political figures and some 47 Palestinians parliamentarians.
The IOF [acronym to denote "Israeli Offense Forces," a popular Palestinian adaptation from the usual IDF, which stands for "Israeli Defense Forces." - Ed.] can arrest anyone and anywhere, without giving a reason. Palestinians are arrested at home, on the way to school or work, at universities, in hospitals, at checkpoints. Mass arrests, as form of collective punishment, are also very common. Curfews would be imposed on villages, towns or refugees camps, houses would be raided and Palestinians arrested. I have witnesses a number of these mass arrests, but never did the IOF bother to tell the residents why they were forced to leave their homes in the middle of the night and stand in the cold and the darkness for long hours. Under the cover of darkness and the curfew, the IOF would demand with loudspeakers that all men, usually those between 16 and 45, gather in the school yard or on the main street. We used to sit in the darkness at the windows and try and recognize the men standing in line and questioned by the IOF; relatives, friends and neighbours. Sometimes the men are blindfolded and handcuffed. They would wait for this to end, while being harassed, shouted at and kicked by the Israeli soldiers. We would wait with them, behind windows, hoping that they would all be released soon and come home safe. Sometimes, they are all sent back home after a night of harassment, but often this ends with mass arrest for no given reason..... [Much more information on Palestinian prisoners can be found at the link.]
The IOF [acronym to denote "Israeli Offense Forces," a popular Palestinian adaptation from the usual IDF, which stands for "Israeli Defense Forces." - Ed.] can arrest anyone and anywhere, without giving a reason. Palestinians are arrested at home, on the way to school or work, at universities, in hospitals, at checkpoints. Mass arrests, as form of collective punishment, are also very common. Curfews would be imposed on villages, towns or refugees camps, houses would be raided and Palestinians arrested. I have witnesses a number of these mass arrests, but never did the IOF bother to tell the residents why they were forced to leave their homes in the middle of the night and stand in the cold and the darkness for long hours. Under the cover of darkness and the curfew, the IOF would demand with loudspeakers that all men, usually those between 16 and 45, gather in the school yard or on the main street. We used to sit in the darkness at the windows and try and recognize the men standing in line and questioned by the IOF; relatives, friends and neighbours. Sometimes the men are blindfolded and handcuffed. They would wait for this to end, while being harassed, shouted at and kicked by the Israeli soldiers. We would wait with them, behind windows, hoping that they would all be released soon and come home safe. Sometimes, they are all sent back home after a night of harassment, but often this ends with mass arrest for no given reason..... [Much more information on Palestinian prisoners can be found at the link.]
Opinion: A Step Toward Ending Israel's Impunity - George Bisharat
The Baltimore Sun, April 17, 2009 - The appointment of Richard Goldstone to head a United Nations fact-finding mission to the Gaza Strip represents an important first step toward ending Israel's impunity from international law. Mr. Goldstone - a former supreme court justice in South Africa and chief prosecutor in the international tribunals for Rwanda and Yugoslavia - and three other esteemed experts will investigate both Israel and Hamas for possible offenses before, during, and after Israel's invasion of Gaza.
Evidence, indeed, suggests that Israel committed war crimes and crimes against humanity before, during, and after its winter assault on the Gaza Strip. Long before the attack, Israel had imposed a ruinous siege on Gaza, collectively punishing its residents for choosing Hamas in democratic elections in January 2006. During the December-January invasion, Israeli troops apparently killed civilians without justification, wantonly destroyed civilian infrastructure and private property, used weapons illegally, and abused Palestinian detainees. Since a January cease-fire, Israel has blocked relief supplies to Gaza, and it continues to attack and kill Palestinians.
Individual misconduct does not explain Israel's offenses during the invasion; lax rules of engagement were the root problem. Israeli military lawyers classified any Palestinian who remained in an area after a warning of an impending attack as a "voluntary human shield" and therefore a combatant subject to attack. Warnings were issued via leaflets, cell phone calls, and in some cases, bombing of a building's corners (before the roof was collapsed by additional fire). Yet Gaza Palestinians were barred refuge outside of the tiny strip, and thus were denied effective flight. Israeli jurists also approved the bombing of a police cadet graduation ceremony; in total, some 250 civilian Palestinian policemen lost their lives during the invasion. Military rabbis exacerbated matters, counseling that Israeli soldiers show no mercy to Palestinians.
Such elastic definitions of "combatants" defy well-settled international law. Yet Daniel Reisner, the former head of the International Law Division of the Israeli Military Advocate General, recently claimed: "If you do something for long enough, the world will accept it. The whole of international law is now based on the notion that an act that is forbidden today becomes permissible if executed by enough countries ... International law progresses through violations."....
Evidence, indeed, suggests that Israel committed war crimes and crimes against humanity before, during, and after its winter assault on the Gaza Strip. Long before the attack, Israel had imposed a ruinous siege on Gaza, collectively punishing its residents for choosing Hamas in democratic elections in January 2006. During the December-January invasion, Israeli troops apparently killed civilians without justification, wantonly destroyed civilian infrastructure and private property, used weapons illegally, and abused Palestinian detainees. Since a January cease-fire, Israel has blocked relief supplies to Gaza, and it continues to attack and kill Palestinians.
Individual misconduct does not explain Israel's offenses during the invasion; lax rules of engagement were the root problem. Israeli military lawyers classified any Palestinian who remained in an area after a warning of an impending attack as a "voluntary human shield" and therefore a combatant subject to attack. Warnings were issued via leaflets, cell phone calls, and in some cases, bombing of a building's corners (before the roof was collapsed by additional fire). Yet Gaza Palestinians were barred refuge outside of the tiny strip, and thus were denied effective flight. Israeli jurists also approved the bombing of a police cadet graduation ceremony; in total, some 250 civilian Palestinian policemen lost their lives during the invasion. Military rabbis exacerbated matters, counseling that Israeli soldiers show no mercy to Palestinians.
Such elastic definitions of "combatants" defy well-settled international law. Yet Daniel Reisner, the former head of the International Law Division of the Israeli Military Advocate General, recently claimed: "If you do something for long enough, the world will accept it. The whole of international law is now based on the notion that an act that is forbidden today becomes permissible if executed by enough countries ... International law progresses through violations."....
George Galloway, in CA, Challenges Americans to Send a 500-truck Convoy to Gaza, ala Viva Palestina
Al Ahram English Weekly, April 9-15, 2009 - As part of the Siege-Buster Tour of America 2009, long-time supporter of the Palestinian cause, veteran British MP George Galloway spoke in San Diego, California on "Resisting War From Gaza to Kandahar". Galloway, the leader of the recent successful Viva Palestina Aid Convoy to Gaza, author and talk show host, spoke to a crowd of 400 at one of two events hosted by Al-Awda, the Palestine Right to Return Coalition.
"I came here to recruit you to the next stage in the saving of Gaza, which is dying. And to forward the liberation of all Palestine and the right of all Palestinians to return to it," said Galloway to loud applause
Galloway passionately spoke about the "injury" of Palestinians having lost their homeland, their country "wiped off the map", scattered as refugees worldwide and forbidden to return, while "foreigners play with their houses and their gardens". This is made worse by "the insult that they -- the victims of terrorism -- are the 'terrorists'. And that the terrorists, the perpetrators of terrorism, are called the victims of terrorism," he said.
Galloway praised the Palestinian resistance and condemned Israel's 22-day offensive launched in December, in which more than 1,400 Palestinians died. Galloway characterised the firing of rockets by Palestinians as a "cry of despair" and a "cry of rage" over decades of Israeli apartheid.
"The wonder is not of why some people are sending rockets but of why all people are not firing rockets everyday because they've been locked up for the last 60 years in refuge camps that are no more than open air concentration camps," Galloway said, "the entrances of which are guarded by the very same people who on 27 December rained down death's destruction on the million and a half living on this tiny piece of land."....
Action Alert to Americans: "Viva Palestina US" - Send a Bigger Convoy to Gaza: "We aim for $10 million in aid and 500 vehicles"
Viva Palestina blog, April 14, 2009 - Fresh from the success of the Viva Palestina aid convoy which took over 100 vehicles to Gaza from Britain , George Galloway MP has linked up on his US tour with the Vietnam veteran and peace campaigner Ron Kovic to launch a similar, but bigger venture from the States.
Galloway announced the initiative at a 1000-strong meeting in Anaheim, South California, rounding off a packed-out, coast to coast speaking tour highlighting the Palestinian cause.
“There's a new atmosphere in the US over Palestine,” says Galloway, “the phenomenal response to this tour demonstrates that.”
Ron Kovic, whose story was immortalised in Oliver Stone's Born on the Fourth of July, will be the co-leader of the convoy, which will form up in Egypt and make its way to the Rafah crossing and into Gaza.
Organisers are aiming for 500 vehicles and $10 million of aid.
“And what better day to head off,” says Galloway , “Than July 4 – Independence Day!"
Labels:
Action Alert,
Solidarity
Israel Won't Work with UN's Gaza War Crimes Probe
The Jerusalem Post, April 15, 2009 - Israel will not cooperate with a UN Human Rights Council investigation into whether war crimes were committed during Operation Cast Lead earlier this year, a Foreign Ministry source said Wednesday evening....
Jerusalem views the Geneva-based UN Council as badly biased against Israel. For instance, in its three years of existence, the council has passed 32 resolutions, 26 of them against Israel. The Foreign Ministry official said the move not to cooperate was made after it was determined that the Human Rights Council's decision to set up the investigation was "one-sided" against Israel. The official pointed out that Israel had cooperated earlier with a UN team set up by UN Secretary-General Ban Ki-moon investigating allegations that the IDF had shelled UNRWA facilities in the Gaza Strip.
In New York, Human Rights Watch on Tuesday urged both sides to cooperate with the investigation because it will be led by Richard Goldstone, a widely respected South African judge and former chief UN prosecutor of war crimes in Yugoslavia and Rwanda.
Human Rights Watch noted that it had criticized the UN Rights Council in the past "for its exclusive focus on Israeli rights violations."
However, Goldstone has the "experience and proven commitment to ensure that this inquiry will demonstrate the highest standards of impartiality," the group wrote to US Secretary of State Hillary Clinton and 27 European foreign ministers....
Jerusalem views the Geneva-based UN Council as badly biased against Israel. For instance, in its three years of existence, the council has passed 32 resolutions, 26 of them against Israel. The Foreign Ministry official said the move not to cooperate was made after it was determined that the Human Rights Council's decision to set up the investigation was "one-sided" against Israel. The official pointed out that Israel had cooperated earlier with a UN team set up by UN Secretary-General Ban Ki-moon investigating allegations that the IDF had shelled UNRWA facilities in the Gaza Strip.
In New York, Human Rights Watch on Tuesday urged both sides to cooperate with the investigation because it will be led by Richard Goldstone, a widely respected South African judge and former chief UN prosecutor of war crimes in Yugoslavia and Rwanda.
Human Rights Watch noted that it had criticized the UN Rights Council in the past "for its exclusive focus on Israeli rights violations."
However, Goldstone has the "experience and proven commitment to ensure that this inquiry will demonstrate the highest standards of impartiality," the group wrote to US Secretary of State Hillary Clinton and 27 European foreign ministers....
Israel's Attack on Gaza: An Unjust War? - Henny Ziai and Nabeel Qureishi
Open Democracy, April 17, 2009 - Israel's attack on Gaza on December 27, 2008 has evoked strong emotions that frequently obscure rational discussion of the situation. With such a high human cost, objective and factual analysis is vital. In this article, we explore whether Israel's attack was justified under the principles of just war theory, as codified in international law. International law makes a distinction between the justness of a state's decision to go to war (jus ad bellum) and the justness of a state's conduct during war (jus in bello). We have chosen to focus on Israel's case for going to war. There are at least four necessary conditions for a just war: i) just cause; ii) last resort; iii) effectiveness in achieving aims; and iv) proportionality.
Did Israel have just cause?
Legally, there are two just reasons for war: self-defence (Article 51 of the UN Charter) or with a UN Security Council mandate (Article 42). Israel did not have a mandate to go to war.
We will therefore focus on whether Israel's attack was defensive. To understand why Israel's war cannot be deemed defensive some context is required. This means we must look at both the immediate context of the ceasefire, as well as the broader context of the conflict.
There was a 6-month ceasefire declared on June 19, 2008 and broken by Israel on November 4, 2008. Under the terms of the ceasefire, Israel was expected to ease its blockade on Gaza and there were to be negotiations on the release of prisoners, such as the one Israeli, Gilad Shalit, and the roughly 11,000 Palestinians. Negotiations on the latter took place; however, Israel has not lifted its blockade at any point. All evidence shows that this was a successful ceasefire with respect to the primary condition: that both sides stop firing. Mark Regev, spokesman for the Israeli Prime Minister, confirmed that there were no rockets fired by Hamas during the ceasefire. The Israeli Intelligence and Terrorism Centre stated in a report that "Hamas has been careful to maintain the ceasefire". Hamas also made a number of arrests of violators during this period.
Israel broke the ceasefire 4½ months in when the IDF raided a tunnel and killed 6 people alleged to be members of Hamas. Though widely reported (e.g. The Guardian, Reuters, New York Times) this was largely ignored in light of the US presidential elections, which took place on the same day.
As well as breaking the ceasefire, Israel's lack of interest in sustaining it was evident in their decision to attack in spite of Hamas's calls for a renewal of the ceasefire. A delegation to Egypt on December 14 said that Hamas was prepared to stop all renewed rocket attacks. Furthermore, at an Israeli cabinet meeting on 21st December the head of Israel's Internal Security Agency, Yuval Diskin, told the cabinet that Hamas is interested in continuing the truce conditional on (a) an end to the blockade and (b) a ceasefire in the West Bank. Despite this, Israel invaded Gaza six days later.
It makes little sense to see Israel as a state on the defensive. Israel is currently occupying large swathes of Palestinian land; it also actively encouraged the 2007 civil war between Hamas and Fatah. First, Israel is currently occupying territory and building settlements on land that does not belong to it under international law. This is any territory outside its pre-1967 borders. 75% of these settlements are even against Israeli law. In 2008, Israeli settlement construction increased by 60%; by the end of 2008 there were a total of 479,500 settlers in the West Bank.
Second, Israel has built a wall that cuts through the West Bank, annexing the most fertile Palestinian land - such as the Jordan Valley - and using it for settlement expansion. In 2004 the International Court of Justice (ICJ) called construction of the wall "contrary to international law".
Third, the economic blockade: since June 2007, Israel has allowed little basic humanitarian aid to enter the Gaza Strip, meaning that food, fuel and medical aid were largely unable to reach the population. For example, a quarter of children in Gaza suffered from malnutrition. This illegal (under the Fourth Geneva Convention, Article 33) collective punishment of a civilian population has been condemned by human rights organizations from both within and without Israel.
Israel has also been on the offensive by interfering in Palestinian politics. In January 2006, Hamas won a democratic victory in the Palestinian Legislative Council elections over the ruling party, Fatah. Fatah and Hamas formed a unity government in March 2007 and began pushing for a long-term cease-fire. Israel rejected that offer and, with American backing, supplied Fatah with both money and weapons and encouraged the coup that led to a brutal civil war....
Did Israel have just cause?
Legally, there are two just reasons for war: self-defence (Article 51 of the UN Charter) or with a UN Security Council mandate (Article 42). Israel did not have a mandate to go to war.
We will therefore focus on whether Israel's attack was defensive. To understand why Israel's war cannot be deemed defensive some context is required. This means we must look at both the immediate context of the ceasefire, as well as the broader context of the conflict.
There was a 6-month ceasefire declared on June 19, 2008 and broken by Israel on November 4, 2008. Under the terms of the ceasefire, Israel was expected to ease its blockade on Gaza and there were to be negotiations on the release of prisoners, such as the one Israeli, Gilad Shalit, and the roughly 11,000 Palestinians. Negotiations on the latter took place; however, Israel has not lifted its blockade at any point. All evidence shows that this was a successful ceasefire with respect to the primary condition: that both sides stop firing. Mark Regev, spokesman for the Israeli Prime Minister, confirmed that there were no rockets fired by Hamas during the ceasefire. The Israeli Intelligence and Terrorism Centre stated in a report that "Hamas has been careful to maintain the ceasefire". Hamas also made a number of arrests of violators during this period.
Israel broke the ceasefire 4½ months in when the IDF raided a tunnel and killed 6 people alleged to be members of Hamas. Though widely reported (e.g. The Guardian, Reuters, New York Times) this was largely ignored in light of the US presidential elections, which took place on the same day.
As well as breaking the ceasefire, Israel's lack of interest in sustaining it was evident in their decision to attack in spite of Hamas's calls for a renewal of the ceasefire. A delegation to Egypt on December 14 said that Hamas was prepared to stop all renewed rocket attacks. Furthermore, at an Israeli cabinet meeting on 21st December the head of Israel's Internal Security Agency, Yuval Diskin, told the cabinet that Hamas is interested in continuing the truce conditional on (a) an end to the blockade and (b) a ceasefire in the West Bank. Despite this, Israel invaded Gaza six days later.
It makes little sense to see Israel as a state on the defensive. Israel is currently occupying large swathes of Palestinian land; it also actively encouraged the 2007 civil war between Hamas and Fatah. First, Israel is currently occupying territory and building settlements on land that does not belong to it under international law. This is any territory outside its pre-1967 borders. 75% of these settlements are even against Israeli law. In 2008, Israeli settlement construction increased by 60%; by the end of 2008 there were a total of 479,500 settlers in the West Bank.
Second, Israel has built a wall that cuts through the West Bank, annexing the most fertile Palestinian land - such as the Jordan Valley - and using it for settlement expansion. In 2004 the International Court of Justice (ICJ) called construction of the wall "contrary to international law".
Third, the economic blockade: since June 2007, Israel has allowed little basic humanitarian aid to enter the Gaza Strip, meaning that food, fuel and medical aid were largely unable to reach the population. For example, a quarter of children in Gaza suffered from malnutrition. This illegal (under the Fourth Geneva Convention, Article 33) collective punishment of a civilian population has been condemned by human rights organizations from both within and without Israel.
Israel has also been on the offensive by interfering in Palestinian politics. In January 2006, Hamas won a democratic victory in the Palestinian Legislative Council elections over the ruling party, Fatah. Fatah and Hamas formed a unity government in March 2007 and began pushing for a long-term cease-fire. Israel rejected that offer and, with American backing, supplied Fatah with both money and weapons and encouraged the coup that led to a brutal civil war....
Labels:
Commentary and Analysis,
Legal Issues
Gaza's Policewomen Back to Work
Photo: The Palestine Telegraph
The Palestine Telegraph, April 19, 2009 - Every morning Mariam Al-Bursh prepares a bottle of milk for her 1-year-old baby. Then she gets her badge and gun.In the Gaza strip, which is controlled by the Islamic resistance movement Hamas, a female police officer's day begins, in several ways, like that of many of her counterparts around the world.
But there are key differences.
There's the uniform, for instance, in a society where ultra-modest dress codes mean the typical female apparel is a long wide gown, or Jilbab, and head scarf. Sometimes it's even a face-covering veil with only a slit for the eyes.
The new female police force in Gaza--formed a year and a half ago, with about 1,000 police officers and growing--adapts by wearing a long, dark blue skirt, a blue tunic and a head scarf.
They also have their own special routine.
But there are key differences.
There's the uniform, for instance, in a society where ultra-modest dress codes mean the typical female apparel is a long wide gown, or Jilbab, and head scarf. Sometimes it's even a face-covering veil with only a slit for the eyes.
The new female police force in Gaza--formed a year and a half ago, with about 1,000 police officers and growing--adapts by wearing a long, dark blue skirt, a blue tunic and a head scarf.
They also have their own special routine.
In addition to processing office paperwork, they undergo physical training to help police handle girls and women during raids and to break up altercations between women and female teens.
Thrust Into New Roles
But the new female forces in Gaza only had a year on the job before catastrophe struck. On December 27, 2008, more than 60 police stations and compounds were hit by Israeli missiles as part of the 23-day-long war. Many policewomen were thrust into the role of evacuating civilians from dangerous buildings.
One of them was Mariam Al-Bursh.
At one point during the concerted late-December attacks on the police facilities she was helping lead people from a police compound, Eman Hasan, a colleague of hers, said in a recent phone interview.
Hasan said Al-Bursh had to guide people past the dead body of her own husband, who had been killed in one of the air raids on the building.
"Mariam was the top leader among us," Hasan told Women's eNews. "Everything went crazy and hundreds of our policemen colleagues were killed, including her husband, but she held it together and evacuated us all." Ghada Hassan, 30, a member of the police's legal division, helps to prepare cases for court.
"We are well trained on dealing with dangerous situations and defending ourselves and others, especially women," she said. "It's this sense of duty that keeps us going. Even when the attacks started we were able to handle it well, although no one had seen it coming since we are policewomen and policemen, not terrorists."
Little Family Support
Many of the policewomen say they get little encouragement or support for the path-breaking line of work they have chosen.
"My mother and brother didn't agree with the idea of a girl working as a police officer, or anything of that kind," Hanady Karso, 26, a recruit in the investigation division, said.
But she added that her mother and brother will probably understand one day. "I believe that my colleagues and I are doing a big favor for people in Gaza by protecting women and giving them more privacy. We also help our male colleagues when raiding houses of suspected drug dealers or criminals."....
Labels:
Conditions on the Ground,
Culture/Media
23 Prominent International NGOs Slam Governments for Failure to Help Gaza
Maan News, April 17, 2009 - Twenty-three high-profile international NGOs accused much of the world of “standing by” as “Gazans sift through the rubble,” noting that thousands “are still homeless and without basic services such as piped drinking water three months after the 18 January ceasefire.”
Released three months after the end of hostilities in the Gaza Strip, the statement, signed by CARE, Oxfam, Defense for Children International and more than a dozen other organizations, the statement offered scathing criticism to the international community.
More than “lip service to the needs of the people of Gaza” is required, the statement said. IT had particularly harsh words for the European Union, set to review its trade and economic relations with Israel in the coming weeks.
“If the EU does not put the brakes on the process to strengthen ties with Israel, it will be sending a dangerous signal to the world that maintaining a destructive policy of closure is acceptable,” said Martha Myers, country director of CARE West Bank and Gaza.
“Gaza’s industry, including the agricultural sector, has almost completely collapsed and reconstruction has proved a near impossible task. Operation Cast Lead destroyed Gaza’s economy which was already severely weakened after months of blockade. It makes no sense to continue depriving ordinary people the opportunity to earn a living and support their families. The crossings must be opened now to allow the normal flow of commerce. If they are not, the people of Gaza simply will not recover,” added Myers.
Reconstruction in Gaza is severely constrained. Materials such as cement and reinforced steel rods are still being denied entry by Israel, the statement said.
Highlighting the ramifications of the decision the joint statement said, “This means that the 20,000 families – or at least 140,000 people – whose homes were destroyed or rendered uninhabitable as a result of the conflict are unable to rebuild their lives. Many are living in tents and in makeshift shelters constructed with salvaged bricks and plastic sheeting, with no end in sight.”
Country Director for Oxfam Great Britain in Jerusalem John Prideaux-Brune said bluntly that “There has been zero progress in allowing construction materials in to help people rebuild their lives. This is unacceptable, full stop.”
He called on world leaders to “take practical steps to fully open the crossings and exert as much pressure on Israel and all parties to ensure that families can finally see a light at the end of what has been a very long and dark tunnel. A drip-feed of food aid and medicines is simply not enough.”
The NGO coalition responsible for the statement includes:
Released three months after the end of hostilities in the Gaza Strip, the statement, signed by CARE, Oxfam, Defense for Children International and more than a dozen other organizations, the statement offered scathing criticism to the international community.
More than “lip service to the needs of the people of Gaza” is required, the statement said. IT had particularly harsh words for the European Union, set to review its trade and economic relations with Israel in the coming weeks.
“If the EU does not put the brakes on the process to strengthen ties with Israel, it will be sending a dangerous signal to the world that maintaining a destructive policy of closure is acceptable,” said Martha Myers, country director of CARE West Bank and Gaza.
“Gaza’s industry, including the agricultural sector, has almost completely collapsed and reconstruction has proved a near impossible task. Operation Cast Lead destroyed Gaza’s economy which was already severely weakened after months of blockade. It makes no sense to continue depriving ordinary people the opportunity to earn a living and support their families. The crossings must be opened now to allow the normal flow of commerce. If they are not, the people of Gaza simply will not recover,” added Myers.
Reconstruction in Gaza is severely constrained. Materials such as cement and reinforced steel rods are still being denied entry by Israel, the statement said.
Highlighting the ramifications of the decision the joint statement said, “This means that the 20,000 families – or at least 140,000 people – whose homes were destroyed or rendered uninhabitable as a result of the conflict are unable to rebuild their lives. Many are living in tents and in makeshift shelters constructed with salvaged bricks and plastic sheeting, with no end in sight.”
Country Director for Oxfam Great Britain in Jerusalem John Prideaux-Brune said bluntly that “There has been zero progress in allowing construction materials in to help people rebuild their lives. This is unacceptable, full stop.”
He called on world leaders to “take practical steps to fully open the crossings and exert as much pressure on Israel and all parties to ensure that families can finally see a light at the end of what has been a very long and dark tunnel. A drip-feed of food aid and medicines is simply not enough.”
The NGO coalition responsible for the statement includes:
- CARE West Bank and Gaza
- Oxfam International
- War Child Holland
- Medical Aid for Palestinians-UK
- Action Against Hunger
- Norwegian Refugee Council
- Caritas Jerusalem
- Lutheran World Federation
- Diakonia
- Austcare
- Gruppo Volontariato Civile
- The Swedish Organisation for Individual Relief
- Defense for Children International/ Palestine Section
- Norwegian Church Aid
- ACSUR-Las Segovias
- Medico International
- Campaign for the Children of Palestine: CCP-JAPAN
- Paz con Dignidad
- Mennonite Central Committee
- CISS - Cooperazione Internazionale Sud Sud
- Japan International Volunteer Center
- ACTED
- MPDL: Movimiento por la Paz, el Desarme y la Libertad
Gaza, Remember? - Gideon Levy
Haaretz, April 19, 2009 - ....It's exactly three months since the much-talked-about war, and Gaza is once again forgotten. Israel has never taken an interest in the welfare of its victims. Now the world has forgotten, too. Two weeks with hardly a Qassam rocket has taken Gaza completely off the agenda. If the Gazans don't hurry up and resume firing, nobody will take an interest in their welfare again. Although not new, this is an especially grievous and saddening message liable to spark the next cycle of violence. And then it will be certain they won't get aid because they will be shooting.
Somebody must assume responsibility for the fate of the Abu-Aun family and other victims like them. If they had been injured in an earthquake, the world probably would have helped them recover long ago. Even Israel would have quickly dispatched aid convoys from ZAKA, Magen David Adom, even the IDF. But the Abu-Aun family was not injured by a natural disaster, but by hands and flesh and blood, made in Israel, and not for the first time. The response: no compensation, no aid, no rehabilitation. Israel and the world are too preoccupied to rebuild Gaza. They have become speechless. Gaza, remember?
From the ruins of the Abu-Aun family sprouts a new desperation. It will be more bitter than its predecessor. A decent family of eight has been destroyed, physically and psychologically, and the world stands aloof. We should not expect Israel to compensate its victims or rebuild the ruins it caused, even though this would clearly be in its interest, not to mention its moral obligation, a topic not even talked about.
The world once again has to clean up Israel's mess. But Israel is setting more and more political conditions for providing emergency humanitarian aid ? empty excuses to leave Gaza in ruins and not offer aid that Gaza deserves and desperately needs. [Question mark in the original - Ed.] Gaza has once again been left to its own devices, the Abu-Aun family has been left in its tent, and when the hostilities resume we will be told once again about the cruelty and brutality of ... the Palestinians.
Gideon Levy is a columnist for the Haaretz newspaper in Israel.
Somebody must assume responsibility for the fate of the Abu-Aun family and other victims like them. If they had been injured in an earthquake, the world probably would have helped them recover long ago. Even Israel would have quickly dispatched aid convoys from ZAKA, Magen David Adom, even the IDF. But the Abu-Aun family was not injured by a natural disaster, but by hands and flesh and blood, made in Israel, and not for the first time. The response: no compensation, no aid, no rehabilitation. Israel and the world are too preoccupied to rebuild Gaza. They have become speechless. Gaza, remember?
From the ruins of the Abu-Aun family sprouts a new desperation. It will be more bitter than its predecessor. A decent family of eight has been destroyed, physically and psychologically, and the world stands aloof. We should not expect Israel to compensate its victims or rebuild the ruins it caused, even though this would clearly be in its interest, not to mention its moral obligation, a topic not even talked about.
The world once again has to clean up Israel's mess. But Israel is setting more and more political conditions for providing emergency humanitarian aid ? empty excuses to leave Gaza in ruins and not offer aid that Gaza deserves and desperately needs. [Question mark in the original - Ed.] Gaza has once again been left to its own devices, the Abu-Aun family has been left in its tent, and when the hostilities resume we will be told once again about the cruelty and brutality of ... the Palestinians.
Gideon Levy is a columnist for the Haaretz newspaper in Israel.
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