Israeli minister Moshe Ya'alon rejects British trip amid arrest fears

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Written by Rory McCarthy in Jerusalem Rory McCarthy in Jerusalem

Published: 05 October 2009 05 October 2009

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Vice-prime minister warned he could be arrested in UK on suspicion of war crimes


Israeli strategic affairs minister Moshe Ya'alon Moshe Ya'alon, the Israeli vice prime minister, has turned down an invitation to a fundraising event in London. Photograph: AFP/Getty Images

An Israeli cabinet minister has turned down an invitation to visit Britain next month after he was warned he might face arrest on suspicion of war crimes.

Moshe Ya'alon, vice-prime minister and strategic affairs minister, was invited by the Jewish National Fund to an event in London to raise money for a group that supports Israeli lone soldiers – troops who have no family in Israel.

Ya'alon has not visited Britain for several years and turned to the foreign ministry's legal department for advice. They warned him not to travel for fear he might be arrested over an incident dating back to July 2002, when he was chief of staff of the Israeli military. At that time an Israeli jet bombed a house in Gaza, killing Salah Shehadeh, the then leader of the Hamas military wing. A further 14 civilians, including Shehadeh's wife and several children, died in the attack.

Ya'alon's decision not to travel follows an attempt last week to have a British court issue an arrest warrant for Ehud Barak, the Israeli defence minister, over Israel's war in Gaza last January. The warrant was not granted because Barak was regarded as having diplomatic immunity.

There is concern in Israel that senior ministers and serving or former high-ranking military officers are at risk of prosecution in several countries abroad under "universal jurisdiction", a growing area of law in which suspected perpetrators of serious crimes can be prosecuted in countries other than where they were committed.

"The minister hasn't visited England for a couple of years in order not to play into the hands of the propaganda that is going on against the State of Israel, its leaders and its officers," said Alon Ofek-Arnon, the spokesman for Ya'alon. "This is a campaign that is aimed at delegitimising the state of Israel."

He said the legal campaign began with the Shehadeh case and was continuing with the UN inquiry into the Gaza war, led by the judge Richard Goldstone. "This battle needs internal fortitude and judicial and legal diplomacy and that is what is being done."

One Israeli report said there were only three Israeli lawyers responsible for giving such legal advice: Menachem Mazuz, the attorney general, along with his deputy, Danny Taub, and another lawyer, Adi Scheiman.

Several other senior Israeli figures, including politicians and generals, have been told to check with the legal team before travelling to several destinations around the world, including Britain and Spain, for fear of more court cases.

In 2005 an Israeli general, Doron Almog, was nearly held by police at Heathrow airport for a private prosecution, again based on military operations in Gaza, but he was tipped off, did not leave the plane and flew out of the country avoiding arrest.

Israel vs. Human Rights

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Written by Adam Horowitz & Philip Weiss Adam Horowitz & Philip Weiss

Published: 02 October 2009 02 October 2009

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Israel vs. Human Rights
By Adam Horowitz & Philip Weiss
NOTE: Adam Horowitz is on the steering committee of the US Campaign to End the Israeli Occupation.

This article appeared in the October 19, 2009 edition of The Nation.
September 30, 2009

http://www.thenation.com/doc/20091019/horowitz_weiss

In his speech to the United Nations General Assembly, Israeli Prime Minister Benjamin Netanyahu vigorously took up the country's latest strategy for responding to allegations of human rights abuses: kill the messenger. He denounced a recent report by the UN's Human Rights Council that had accused Israel of possible crimes against humanity during its assault on Gaza last winter, calling it a "travesty," a "farce" and a "perversion." The Hamas terrorists Israel was up against had committed acts akin in history only to the Nazi blitz of British civilians during World War II, Netanyahu asserted. Indeed, in denying a nation's right to resist attack, the report sought to undermine Israel's "legitimacy."

The head of the UN Fact-Finding Mission on the Gaza Conflict, Judge Richard Goldstone, was "upset" by the speech. "It is disingenuous, to put it lightly, what Netanyahu said," he told The Nation. "The idea that this is aimed at delegitimating the state of Israel--that is the last thing I would want to do." Goldstone, a Jew and a Zionist, said that Israel's leaders were behaving contemptuously, "ignoring the specific allegations and simply launching a broadside."

Those broadsides began not long after the ascension of the right-wing Netanyahu government in March, when his ministers began painting human rights and peace groups as a fifth column for terrorists. "For the first time the Israeli government is taking an active role in the smearing of human rights groups," says Sarah Leah Whitson of Human Rights Watch.

Traditionally that job had gone to Israel's friends. The executive director of AIPAC, the American Israel Public Affairs Committee, for instance, condemned human rights groups this past spring as part of an international "campaign" to dehumanize the Jewish state to the point where "Israel stands alone, isolated and at risk." But as one international report after another accused Israel of war crimes during the Gaza assault, the Israeli government joined the fight. The government refused to cooperate with Goldstone's investigation, forcing him to enter Gaza from Egypt. Israeli witnesses had to be flown to Geneva to be interviewed.

The Israeli government has also sought to quash domestic dissent. In April it targeted the anti-militarism organization New Profile, seizing computers and detaining activists. In July, when a group of Israeli veterans called Breaking the Silence released dozens of anonymous soldiers' testimonies from the Gaza assault describing indifference to civilian targets, the Israeli government went, well, ballistic. It threatened to cut off the financial support the group receives from the Dutch, Spanish and British governments and warned those governments that their support was illegal. Israel indicated that it would look into foreign support that Israeli human rights groups B'Tselem and Machsom Watch receive as well.

Ron Dermer, a Netanyahu adviser who was raised in Florida, struck a fearsome tone: "We are going to dedicate time and manpower to combating these groups. We are not going to be sitting ducks in a pond for the human rights groups to shoot at us with impunity."

Shooting back meant calling out New York-based Human Rights Watch for raising money in Arab countries, an anti-Arab theme that was echoed in a September attack on Human Rights Watch published by the Jerusalem-based advocacy group NGO Monitor. The critique listed staff members who are allegedly "anti-Israel," with some of the charges as flimsy as the fact that an official had been on the board of the American-Arab Anti-Discrimination Committee. And as Judge Goldstone found, the Israeli government has refused to cooperate with Human Rights Watch investigations. "Over the last year they have not wanted to meet with us, even when we've presented them with very, very detailed questions about IDF conduct based on preliminary investigations," says program director Iain Levine.

Of course, Palestinian human rights activists are familiar with stonewalling, and much worse. A March 2006 UN report criticized the Israel Defense Forces for the "systematic targeting of peace and human rights activists" and noted that Israel seemed to use administrative detention to deter human rights work. That policy was underscored in September, when Israel arrested Mohammad Othman, a human rights activist, after a visit to Norway, where he had pushed for boycott, divestment and sanctions.

The impetus for the new Israeli strategy appears to be fear of shifting international opinion. As analyst Michael Wahid Hanna of the Century Foundation puts it, Goldstone's stunning findings may well "take on a life of their own...and make diplomatic life much more tricky." The Netanyahu government is counting on the United States to block a potential UN Security Council recommendation for an international war crimes tribunal and has warned the Obama administration that the Goldstone report can only hinder the peace process. Certainly human rights reports have emboldened Israel's critics. Just two days after the release of the report, the British Trade Union Congress, representing more than 6.5 million workers, endorsed the boycott movement against Israel, explaining that the decision was "the culmination of a wave of motions passed at union conferences this year, following outrage at Israel's brutal war on Gaza."

We are used to accounting for the costs of the Israeli occupation in concrete terms: so many checkpoints, so many colonies, so many dead civilians. The new Israeli effort suggests an even larger cost: that of the very idea of human rights. The government has yet to question one factual allegation Goldstone has made, says progressive Zionist blogger Jerry Haber. "Israel's only recourse, after it violates the rights of Palestinians, is to deny that such rights exist."

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About Adam Horowitz
Adam Horowitz is an editor of the website Mondoweiss, which covers the Israel-Palestine conflict.

About Philip Weiss
Philip Weiss is the author of American Taboo: A Murder in the Peace Corps (Harper Perennial) and an editor of the website Mondoweiss, which covers the Israel-Palestine conflict.

Sliming Goldstone and His Report

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Written by URI AVNERY URI AVNERY

Published: 30 September 2009 30 September 2009

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Is there no limit to the wiles of those dastardly anti-Semites?

Now they have decided to slander the Jews with another blood libel. Not the old accusation of slaughtering Christian children to use their blood for baking Passover matzoth, as in the past, but of the mass slaughter of women and children in Gaza.

And who did they put at the head of the commission which was charged with this task? Neither a British Holocaust-denier nor a German neo-Nazi, nor even an Iranian fanatic, but of all people a Jewish judge who bears the very Jewish name of Goldstone (originally Goldstein, of course). And not just a Jew with a Jewish name, but a Zionist, whose daughter, Nicole, is an enthusiastic Zionist who once “made Aliyah” and speaks fluent Hebrew. And not just a Jewish Zionist, but a South African who opposed apartheid and was appointed to the country’s Constitutional Court when that system was abolished.

All this in order to defame the most moral army in the world, fresh from waging the most just war in history!

Richard Goldstone is not the only Jew manipulated by the world-wide anti-Semitic conspiracy. Throughout the three weeks of the Gaza War, more than 10 thousand Israelis demonstrated against it again and again. They were photographed carrying signs saying “End the massacre in Gaza”, “Stop the war crimes”’ “Israel commits war crimes”, “Bombing civilians is a war crime”. They chanted in unison: “Olmert, Olmert, it is true – They’re waiting in The Hague for you!”

Who would have believed that there are so many anti-Semites in Israel?!

* * *

THE OFFICIAL Israeli reaction to the Goldstone report would have been amusing, if the matter had not been so grave.

Except for the “usual suspects” (Gideon Levy, Amira Hass and their ilk), the condemnation of the report was unanimous, total and extreme, from Shimon Peres, that advocate of every abomination, down to the last scribbler in the newspapers.

Nobody, but nobody, dealt with the subject itself. Nobody examined the detailed conclusions. With such an anti-Semitic smear, there is no need for that. Actually, there is no need to read the report at all.

The public, in all its diversity, stood up like one person, in order to rebuff the plot, as it has learned to do in the thousand years of pogroms, Spanish inquisition and Holocaust. A siege mentality, the ghetto mentality.

The instinctive reaction in such a situation is denial. It’s just not true. It never happened. It’s all a pack of lies.

By itself, that is a natural reaction. When a human being is faced with a situation which he cannot handle, denial is the first refuge. If things did not happen, there is no need to cope. Basically, there is no difference between the deniers of the Armenian genocide, the deniers of the annihilation of the Native Americans and the deniers of the atrocities of all wars.

From this point of view, it can be said that denial is almost “normal”. But with us it has been developed into an art form.

* * *

WE HAVE a special method: when something happens that we don’t want to confront, we direct the spotlight to one specific detail, something completely marginal, and begin to insist on it, debate it, examine it from all angles as if it were a matter of life and death.

Take the Yom Kippur war. It broke out because for six years, beginning with the 1967 war, Israel had cruised like a Ship of Fools, intoxicated with victory songs, victory albums and the belief in the invincibility of the Israeli army. Golda Meir treated the Arab world with open contempt and rebuffed the peace overtures of Anwar Sadat. The result: more than 2000 young Israelis killed, and who knows how many Egyptians and Syrians.

And what was furiously debated? The “Omission”. “Why were the reserves not called up in time? Why were the tanks not moved in advance?” Menachem Begin thundered in the Knesset, and about this, books and articles galore were written and a blue-ribbon judicial board of inquiry deliberated.

The First Lebanon War was a political blunder and a military failure. It lasted 18 years, gave birth to Hizbullah and established it as a regional force. And what was discussed? Whether Ariel Sharon had deceived Begin and was responsible for his illness and eventual death.

The Second Lebanon War was a disgrace from beginning to end, a superfluous war that caused massive destruction, wholesale slaughter and the flight of hundreds of thousands of innocent civilians from their homes, without achieving an Israeli victory. And what was our debate about? For what was a commission of inquiry appointed? About the way the decision to start the war was taken. Was there an appropriate process of decision making? Was there orderly staff work?

About the Gaza War, there was no debate at all, because everything was perfectly alright. A brilliant campaign. Marvelous political and military leadership. True, we did not convince the Gaza Strip population to overthrow their leaders; true, we did not succeed in freeing the captured soldier Gilad Shalit; true, the whole world condemned us – but we killed a lot of Arabs, destroyed their environment and taught them a lesson they will not forget.

Now, a profound debate on the Goldstone report is going on. Not about its content, God forbid. What’s there to discus? But about the one point that is really important: was our government right in deciding to boycott the commission? Perhaps it would have been better to take part in the deliberations? Did our Foreign Office act as foolishly as it usually does? (Our Ministry of Defense, of course, never behaves foolishly.) Tens of thousands of words about this world-shaking question were poured out from the newspapers, the radio and TV, with every self-respecting commentator weighing in.

* * *

SO WHY did the Israeli government boycott the commission? The real answer is quite simple: they knew full well that the commission, any commission, would have to reach the conclusions it did reach.

In fact, the commission did not say anything new. Almost all the facts were already known: the bombing of civilian neighborhoods, the use of flechette rounds and white phosphorus against civilian targets, the bombing of mosques and schools, the blocking of rescue parties from reaching the wounded, the killing of fleeing civilians carrying white flags, the use of human shields, and more. The Israeli army did not allow journalists near the action, but the war was amply documented by the international media in all its details, the entire world saw it in real time on the TV screens. The testimonies are so many and so consistent, that any reasonable person can draw their own conclusions.

If the officers and soldiers of the Israeli army had given testimony before the commission, it would perhaps have been impressed by their angle, too – the fear, the confusion, the lack of orientation – and the conclusions could have been somewhat less severe. But the main thrust would not have changed. After all, the whole operation was based on the assumption that it was possible to overthrow the Hamas government in Gaza by causing intolerable suffering to the civilian population. The damage to civilians was not “collateral”, whether avoidable or unavoidable, but a central feature of the operation itself.

Moreover, the rules of engagement were designed to achieve “zero losses” to our forces – avoiding losses at any price. That was the conclusion our army – led by Gabi Ashkenazi – drew from the Second Lebanon War. The results speak for themselves: 200 dead Palestinians for every Israeli soldier killed by the other side – 1400:6.

Every real investigation must inevitably lead to the same conclusions as those of the Goldstone commission. Therefore, there was no Israeli wish for a real inquiry. The “investigations” that did take place were a farce. The person responsible, the Military Advocate General, kippa-wearing brigadier Avichai Mendelblit, was in charge of this task. He was promoted this week to the rank of major general. The promotion and its timing speak a clear language.

* * *

SO IT is clear that there is no chance of the Israeli government belatedly opening a real investigation, as demanded by Israeli peace activists.

In order to be credible, such an investigation would have to have the status of a State Commission of Inquiry as defined by Israeli law, headed by a Supreme Court justice. It would have to conduct its investigations publicly, in full view of the Israeli and international media. It would have to invite the victims, Gaza inhabitants, to testify together with the soldiers who took part in the war. It would have to investigate in detail each of the accusations that appear in the Goldstone report. It would have to check out the orders issued and decisions made, from the Chief of Staff down to the squad level. It would have to study the briefings of Air Force pilots and drone operators.

This list suffices to make it clear why such an investigation will not and cannot take place. Instead, the world-wide Israeli propaganda machine will continue to defame the Jewish judge and the people who appointed him.

Not all the Israeli accusations against the UN are groundless. For example: why does the organization investigate the war crimes in Gaza (and in former Yugoslavia and Darfur, investigations in which Goldstone took part as chief prosecutor) and not the actions of the US in Iraq and Afghanistan and the Russians in Chechnya?

But the main argument of the Israeli government is that the UN is an anti-Semitic organization, and its Human Rights Commission is doubly anti-Semitic.

* * *

ISRAEL’S RELATIONS with the UN are very complex. The state was founded on the basis of a UN resolution, and it is doubtful whether it would have come into being at precisely that time and those circumstance had there been no such resolution. Our Declaration of Independence is largely based on this resolution. A year later, Israel was accepted as a UN member in spite of the fact that it had not allowed the (then) 750 thousand Palestinian refugees to return.

But this honeymoon soured quickly. David Ben-Gurion spoke with contempt about UM-Shmum (“Um” is the Hebrew for “UN”, the prefix “shm” signifies contempt). From then on to this very day, Israel has systematically violated almost every single UN resolution that concerned it, complaining that there was an “automatic majority” of Arab and communist countries stacked against it. This attitude was reinforced when, on the eve of the 1967 war, the UN troops in Sinai where precipitously withdrawn on the demand of Gamal Abd-al-Nasser. And, of course, by the UN resolution (later annulled) equating Zionism with racism.

Now this argument is raising its head again. The UN, it is being said, is anti-Israeli, which means (of course) anti-Semitic. Everyone who acts in the name of the UN is an Israel-hater. To hell with the UN. To hell with the Goldstone report.

That is, however, a woefully short-sighted policy. The general public throughout the world is hearing about the report and remembering the pictures they saw on their TV screens during the Gaza war. The UN enjoys much respect. In the wake of the “Molten Lead” operation, Israel’s standing in the world has been steadily going down, and this report will send it down even further. This will have practical consequences – political, military, economic and cultural. Only a fool – or an Avigdor Lieberman – can ignore that.

If there is no credible Israeli investigation, there will be demands for the UN Security Council to refer the matter to the International Criminal Court in The Hague. Barack Obama would have to decide whether to veto such a resolution – a move that would cause grave harm to the US, and for which he would demand a high price from Israel.

As has been said before: UM-Shmum may turn into UM-Boom.

Uri Avnery is an Israeli writer and peace activist with Gush Shalom. He is a contributor to CounterPunch's book The Politics of Anti-Semitism.
 

BDS Gets a Hearing on Chicago Public Radio

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Written by US Campaign to End the Israeli Occupation US Campaign to End the Israeli Occupation

Published: 30 September 2009 30 September 2009

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BDS Gets a Hearing on Chicago Public Radio