Israel faces calls for Gaza war crimes investigation

Israel is facing growing demands from senior United Nations officials and human rights groups for an international war crimes investigation in Gaza over allegations such as the "reckless and indiscriminate" shelling of residential areas and the use of Palestinian families as human shields by soldiers.

With the death toll from the 17-day Israeli assault on Gaza climbing above 900, pressure is increasing for an independent inquiry into specific incidents, such as the shelling of a UN school turned refugee centre where about 40 people died, as well as the question of whether the military tactics used by Israel systematically breached humanitarian law.

The UN's senior human rights body approved a resolution yesterday condemning the Israeli offensive for "massive violations of human rights". A senior UN source said UN humanitarian agencies were compiling evidence of war crimes and passing it on to the "highest levels" to be used as seen fit.

Some human rights activists allege that the Israeli leadership gave an order to keep military casualties low no matter what cost to civilians. That strategy has directly contributed to one of the bloodiest Israeli assaults on the Palestinian territories, they say.

John Ging, head of the UN Palestinian refugee agency in Gaza, said: "It's about accountability [over] the issue of the appropriateness of the force used, the proportionality of the force used and the whole issue of duty of care of civilians.

"We don't want to join any chorus of passing judgment but there should be an investigation of any and every incident where there are concerns there might have been violations in international law."

The Israeli military are accused of:

• Using powerful shells in civilian areas that the army knew would cause large numbers of innocent casualties.

• Using banned weapons such as phosphorus bombs.

• Holding Palestinian families as human shields.

• Attacking medical facilities, including the killing of 12 ambulance men in marked ambulances

• Killing large numbers of policeman who had no military role.

Israeli military actions prompted an unusual public rebuke from the International Red Cross after the army had moved a Palestinian family into a building and shelled it, killing 30. The surviving children clung to the bodies of their dead mothers for four days while the army blocked rescuers from reaching the wounded.

Human Rights Watch has called on the UN security council to set up a commission of inquiry into alleged war crimes.

Two leading Israeli human rights organisations have separately written to the country's attorney general demanding he investigate the allegations.

But critics remain sceptical that any such inquiry will take place given that Israel has previously blocked similar attempts with the backing of the US.

Amnesty International says the dropping of powerful shells on residential streets that send blast and shrapnel over a wide area constitutes "prima facie evidence of war crimes".

"There has been reckless and disproportionate and in some cases indiscriminate use of force," said Donatella Rovera, an Amnesty investigator in Israel. "There has been the use of weaponry that shouldn't be used in densely populated areas because it's known that it will cause civilian fatalities and casualties."

"They have extremely sophisticated missiles that can be guided to a moving car and they choose to use other weapons or decide to drop a bomb on a house knowing that there were women and children inside. These are very, very clear breaches of international law."

Israel's most prominent human rights organisation, B'Tselem, has written to the attorney general in Jerusalem, Meni Mazuz, to press him to investigate a number of suspected crimes including how the military selects its targets and the killing of scores of policemen at a passing out parade.

"Many of the targets seem not to have been legitimate military targets as specified by international humanitarian law," said Sarit Michaeli of B'Tselem.

Rovera has also collected evidence that the Israeli army holds Palestinian families prisoner in their own homes as human shields. "It's standard practice for Israeli soldiers to go into a house, lock up the family in a room on the ground floor and use the rest of the house as a military base, as a snipers' position. That is the absolute textbook case of human shields.

"It has been practised by the Israeli army for many years and they are doing it again in Gaza now," she said.

While there is growing agreement on the need for an international investigation, the form it would take is less clear-cut. The UN's human rights council has the authority to investigate allegations of war crimes but Israel has blocked its previous attempts to do so.

The UN security council could order an investigation, and even set up a war crimes tribunal, but that is likely to be vetoed by the US and probably Britain.

The international criminal court has no jurisdiction because Israel is not a signatory. The UN security council could refer the matter to the court but, again, is unlikely to.

Benjamin Rutland, a spokesman for the Israeli military, said an international investigation of the army's actions was not justified. "We do not feel there is any need for that. We have international lawyers at every level of the command whose job it is to authorise targeting decisions, rules of engagement ... We don't think we have breached international law in any of these instances," he said.

Jaffa protests in Israel

اليوم في السادسة مساءا

مسيرة واعتصام للحداد والاحتجاج على الحرب على غزة

اضاءة شموع, رفع اعلام سوداء, بلباس اسود

نلتقي في جنينة الغزازوي, في يافا, اليوم على ال- 18:00, ويوميا حتى وقف الحرب والقتل

 

للمزيد من التفاصيل:

جين

0506668389



היום ב-18:00
תהלוכות ומשמרת אבל ומחאה על המלחמה בעזה.
הדלקת נירות והנפת דגלים שחורים, בלבוש שחור.
נפגשים בגן השניים, ביפו (פינת דר' ארליך ויפת) היום ב-18:00, וגם כל יום של השבוע, עד הפסקת ההרג.
ליותר פרטים
ג'ן
0506668389

Today, 18:00
Mourning sentinels and protest vigil against the war in Gaza.
Candle lighting and black flag waving, dressed in black.
We meet in the Gan HaShnaim (Yefet st. corner of Dr. Erlich), today at 18:00, and every other day this week, or until the killing stops.
For more information
Gen
050-6668389

Israel Is Committing War Crimes

OPINION JANUARY 10, 2009 Israel Is Committing War Crimes
Hamas's violations are no justification for Israel's actions.

By GEORGE E. BISHARAT
Israel's current assault on the Gaza Strip cannot be justified by self-defense. Rather, it involves serious violations of international law, including war crimes. Senior Israeli political and military leaders may bear personal liability for their offenses, and they could be prosecuted by an international tribunal, or by nations practicing universal jurisdiction over grave international crimes. Hamas fighters have also violated the laws of warfare, but their misdeeds do not justify Israel's acts.

The United Nations charter preserved the customary right of a state to retaliate against an "armed attack" from another state. The right has evolved to cover nonstate actors operating beyond the borders of the state claiming self-defense, and arguably would apply to Hamas. However, an armed attack involves serious violations of the peace. Minor border skirmishes are common, and if all were considered armed attacks, states could easily exploit them -- as surrounding facts are often murky and unverifiable -- to launch wars of aggression. That is exactly what Israel seems to be currently attempting.

Israel had not suffered an "armed attack" immediately prior to its bombardment of the Gaza Strip. Since firing the first Kassam rocket into Israel in 2002, Hamas and other Palestinian groups have loosed thousands of rockets and mortar shells into Israel, causing about two dozen Israeli deaths and widespread fear. As indiscriminate attacks on civilians, these were war crimes. During roughly the same period, Israeli forces killed about 2,700 Palestinians in Gaza by targeted killings, aerial bombings, in raids, etc., according to the Israeli human rights group B'Tselem.

But on June 19, 2008, Hamas and Israel commenced a six-month truce. Neither side complied perfectly. Israel refused to substantially ease the suffocating siege of Gaza imposed in June 2007. Hamas permitted sporadic rocket fire -- typically after Israel killed or seized Hamas members in the West Bank, where the truce did not apply. Either one or no Israelis were killed (reports differ) by rockets in the half year leading up to the current attack.

Israel then broke the truce on Nov. 4, raiding the Gaza Strip and killing a Palestinian. Hamas retaliated with rocket fire; Israel then killed five more Palestinians. In the following days, Hamas continued rocket fire -- yet still no Israelis died. Israel cannot claim self-defense against this escalation, because it was provoked by Israel's own violation.

An armed attack that is not justified by self-defense is a war of aggression. Under the Nuremberg Principles affirmed by U.N. Resolution 95, aggression is a crime against peace.

Israel has also failed to adequately discriminate between military and nonmilitary targets. Israel's American-made F-16s and Apache helicopters have destroyed mosques, the education and justice ministries, a university, prisons, courts and police stations. These institutions were part of Gaza's civilian infrastructure. And when nonmilitary institutions are targeted, civilians die. Many killed in the last week were young police recruits with no military roles. Civilian employees in the Hamas-led government deserve the protections of international law like all others. Hamas's ideology -- which employees may or may not share -- is abhorrent, but civilized nations do not kill people merely for what they think.

Deliberate attacks on civilians that lack strict military necessity are war crimes. Israel's current violations of international law extend a long pattern of abuse of the rights of Gaza Palestinians. Eighty percent of Gaza's 1.5 million residents are Palestinian refugees who were forced from their homes or fled in fear of Jewish terrorist attacks in 1948. For 60 years, Israel has denied the internationally recognized rights of Palestinian refugees to return to their homes -- because they are not Jews.

Although Israel withdrew its settlers and soldiers from Gaza in 2005, it continues to tightly regulate Gaza's coast, airspace and borders. Thus, Israel remains an occupying power with a legal duty to protect Gaza's civilian population. But Israel's 18-month siege of the Gaza Strip preceding the current crisis violated this obligation egregiously. It brought economic activity to a near standstill, left children hungry and malnourished, and denied Palestinian students opportunities to study abroad.
Israel should be held accountable for its crimes, and the U.S. should stop abetting it with unconditional military and diplomatic support.

Mr. Bisharat is a professor at Hastings College of the Law in San Francisco.

Call the IDF, tell the them to stop the killing

The Israeli army has spread flyers in the air in Gaza that give a number for Palestinians to call to report on Hamas activities.

Here is the number. Everyone is invited to call it to protest the war on Gaza instead.
 
+972-2-5839749

From the U.S. you dial:

011-972-2-5839749

YOU CAN ALSO SKYPE IT (+972-2-5839749)  !!! I just did it and told him that the IDF is killing children and innocents and that there is only a political solution to the conflict !
THEY SPEAK ARABIC AND ENGLISH !

I encourage others to make the call sooner rather than later bec=use surely they'll change the number once these kinds of calls start=20 coming in.


 

The Tragedy of Gaza

[Note: This article was first published in Street Roots, a newspaper whose sales helps empower the homeless, check them out at www.streetroots.org]

The Tragedy of Gaza


American citizens must force our politicians to change U.S. policy towards Israel and Palestine.

January 6, 2009


As I watched the reports of mounting civilian casualties in Gaza and saw the photos of the frightened children, mangled victims, grieving parents and the bodies of infants drained of blood, I came across Israeli Prime Minister Ehud Olmert's statement that Israel, in pursuing its devastating attack on Gaza, would treat the population of Gaza "with silk gloves."   The disparity between his words and the brutal reality of Israel's attack couldn't be greater. It is similar to the disparity between the reaction around the world opposed to Israel's attack on Gaza and the universal support for it by U.S. members of Congress.

In order to punish Hamas because of their disregard for Israeli lives, the Israeli and U.S. governments have demonstrated an even more profound and encompassing disregard for Palestinian lives, attacking people who are under already living under a cruel siege, living with sewage and digging through garbage. Many of the dead, dying and injured are children and the hospitals are unable to help them. This means that injuries that could have been easily treated are killing many Gazans or leaving them mangled by the hundreds and the end is not in sight.

Read more: The Tragedy of Gaza

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