Human Rights Violations in Israel and Palestine: The Association for Civil Rights in Israel Report

The Association for Civil Rights in Israel (ACRI) publishes annual reports on the state of human rights in Israel and occupied Palestine. This article is based on its latest year end 2007 one.

 

ACRI is Israel's leading human and civil rights organization and the only one addressing all rights and liberties issues. It was founded in 1972, is independent and nonpartisan, and leads the struggle for these issues in Israel and the Occupied Territories through litigation, legal advocacy, education, and public outreach. ACRI also believes that civil and human rights are universal. They must be "an integral part of democratic community building and....a unifying force in Israeli public life" for everyone, especially those most marginalized, disadvantaged and currently persecuted or neglected.

 

ACRI evaluates the state of human rights annually, and it's latest report coincided with the December 10, 2007 International Human Rights Day. Its purpose is to cite flagrant violations; note positive trends and developments, if any; and "trace significant human rights-related processes (affecting) Israeli citizens and residents." Reports rely on various information sources: government publications, NGO reports, newspaper and other published materials, parliamentary documents and court litigation.

 

Human rights violations directly result from government policies, actions and inactions, and ACRI's report is gloomy. It found the Israeli government derelict for having allowed the "blanket" of rights it's supposed to ensure for Arabs and Jews to erode. As a result, rights violations grow, more people are affected, and those harmed most are on society's fringes. ACRI's report is comprehensive and documents them in areas of:

 

-- health;

 

-- workers' rights;

 

-- the state of Arab Israelis;

 

-- education in Sderot;

 

-- migrant worker rights;

 

-- citizenship and residency status;

 

-- human rights in occupied Palestine, highlighting neglect and discrimination in Arab East Jerusalem, Hebron, and the "unrecognized" Negev Bedouins;

 

-- freedom of expression;

 

-- the right to privacy;

 

-- criminal justice; and

 

-- the overall destabilization and erosion of democracy in the country. Israel claims to be a democracy. Its record disproves it.

 

ACRI's evidence is disturbing and compelling, yet it's appalled by the Israeli public's indifference. It aims to change this by publicizing its findings so those in government, the media and general population know them and will react to reverse an ugly and damaging  trend. Growing numbers of people worldwide know how Israel harms Palestinians. ACRI's report shows that Jews are also impacted.

 

Health Care in Israel

 

Israel's 1994 National Health Insurance Law has noble guarantees - quality health services for every Israeli resident in accordance with justice, equality and mutual support principles. Ever since, however, Israeli governments violated their obligation, and unequal access has increased. It's characterized by inadequate funding, privatized health services, a steady erosion in the extent and quality of services provided, and the crowding out of access for the poor and many in the middle class. Defunding public health means private insurance is as essential as it is in the US. The result is two health systems differing markedly in quality - one for the well-off and another for everyone else, including many in the middle class.

 

 ACRI finds it disturbing. The trend undermines Israel's social contract with its citizens, violates basic rights, and reneges on the state's duty under the International Covenant of Economic, Social and Cultural Rights. ACRI focuses on the problem with special emphasis on a growing hospital crisis, the need for expensive supplemental insurance, and how various population groups cope inadequately under very limited and expensive health service access.

 

In recent years, budgets have been cut, and the trend continued in 2007. The Ministry of Health's per capita allocation is 14% lower than in 2001, and the Ministry's development budget is 43% lower. Public hospitals have been hardest hit, patient access to quality health care has eroded, and medical personnel are understaffed and aren't able to provide the best care possible.

 

The Israel Medical Association January 2007 data highlight the crisis:

 

-- the hospital beds/population ratio has declined; it was 3.27 per 1000 persons in 1970; a year ago it touched 1.94, the lowest figure among western countries;

 

-- the approved number of beds hasn't increased, the need for them has, and it's been met by adding "non-approved" beds that comprise up to 30% of the total in hospital internal medicine units (IMUs); the result is growing overcrowding and medical staff unable to cope;

 

-- on routine days, average hospital occupancy is 100% compared to 85% in the West; in IMUs it reached 130% and in pediatric units 112%; and

 

-- overcrowding and underfunding force early patient releases before they're ready to go; they also contribute to the spread of infections, viruses and diseases and require doctors and medical staff to be responsible for a growing number of patients, more than they can adequately handle.

 

Ever since the 1994 National Health Insurance Law passed, health services have eroded in violation of its guarantee. The Adva Center advocates for policy changes favoring disadvantaged Israelis. It tallied the damage through last year and found a 44% decline in health service funding with gaps made up for by supplemental insurance. Over 70% of the public have it while the rest rely solely on dwindling national health services that often fail to deliver.

 

Most disadvantaged Israelis lack supplemental insurance: one-third are age 65 or older; 53% are Israeli Arabs; 42% are Jews of Russian origin; while 11% are from the Hebrew-speaking community. A 2007 Physicians for Human Rights report describes how various population groups are disadvantaged. Those furthest removed from Israel's social center got poorest access. They include: low wage earners; "unrecognized" Negev Bedouins; East Jerusalem Palestinians; Israelis married to Occupied Territory Palestinians; prisoners; Palestinian spouses of Israeli Arabs; migrant workers; refugees and asylum-seekers; and victims of human trafficking. In total, these groups comprise about 1.25 million men and women.

 

Income alone is a hugely limiting factor, and two studies document it. A 2005 Brookdale Institute one showed that 15% of Israelis forego some medications. Among low wage earners, the figure was 23%. A 2006 Israel Medical Association survey of Israeli Jews found 23% of them abstain from some form of treatment or essential medication with income and family size the main limiting factors. The same survey reported that 56% of Israeli Jews fear they'll be unable to afford needed medication because of cost, and it estimated that the situation for Israeli Arabs is far worse.

 

The situation is most acute in peripheral areas, especially in southern Israel that's populated by Bedouin Arabs and new immigrants. Here, socioeconomic status is lowest and so is access to health services that are far below what's available in Central Israeli cities like Tel Aviv and Haifa: fewer hospital beds, inadequate specialized equipment, fewer specialists, and waiting periods for appointments can take weeks. In addition, for more complicated cases, patients are at risk. Hospitals can only provide preliminary exams, patients must incur time and expense to get to where proper treatment is available, and it can be touch and go in life-threatening cases.

 

ACRI believes that distributive justice demands that the state provide local health services where they're lacking so all Israelis get equal access to it. That will require funding boosts not now available or planned.

 

Worker Rights and the Unemployed

 

Subcontracted employment is a growing trend in Israel, the practice exploits workers, labor laws are violated, and human rights organizations are taking note. On average, subcontract wages are 60% of standard, few or no benefits are gotten, and worker rights are routinely violated. Most common abuses include: wages below minimum, illegal overtime without pay, firings without severance, social benefits withheld, leave time disallowed or no pay while on leave, lower pay because of illegal deductions and fines, and organizing efforts crushed.

 

The situation is deplorable, organizations like ACRI are addressing it, and the government tops their target list. It's the country's largest subcontract employer and the body responsible for making and enforcing the law. Progress for reforms show promise:

 

-- in March 2007, the Ministry of Finance's General Accountant, Yaron Zelekha, directed government ministries to assure that subcontract bidding includes all social benefits workers are entitled to under protective labor laws. ACRI called it a "significant breakthrough" provided they're enforced; earlier efforts failed because they weren't;

 

-- the same Ministry now requires subcontract companies to present confirmation they're complying with employment laws;

 

-- in June 2007, the Knesset produced a draft bill requiring organizations using subcontract labor to assure worker rights aren't violated; and

 

-- the General Accountant also established a minimum price for employing subcontract workers.

 

Earlier in 2005, the government established the "Mehalev" program that was known as the "Wisconsin Plan" where the idea originated. In principle, it was sound, but in practice it failed. The idea was this - reduce the number of guaranteed income recipients by integrating them into the job market and thus provide better opportunities for more pay and benefits. In fact, the format was unsuitable for many required to enroll, too little investment went into the program, and bureaucratic obstacles overwhelmed its administration.

 

A June 2007 inter-ministerial report assessed the plan, concluded it failed, and recommended a new one be established with a menu of proposed changes. As a result, revisions were made, and a new program called "Employment Lights" began in August 2007 with performance under it yet to be assessed.

 

The Rights of Israeli Arab Citizens

 

The Palestinian population (excluding refugees) is around 5.3 million. About 3.9 million live in occupied Gaza and the West Bank, and another 1.4 million are Israeli citizens comprising 20% of the population of 7,150,000. They live mainly in three heartlands - the Galillee in the north, along the "Little Triangle" in the center, and the Negev in the south. They get no rights afforded Jews even though Israeli Arabs are citizens, have passports and IDs and can vote in Knesset elections. Even so, they're nonpersons, are systematically abused, neglected, and are confined to 2% of the land plus another 1% for agricultural use.

 

ACRI assesses the damage that shows up in reports and surveys it reviews. They reveal a disturbing trend - increasing racism toward and discrimination against Israel's Arab citizens. For example:

 

-- the June 2007 Israel Democracy Institute's "Democracy Index" reported disturbing results explained below, and the data are the highest seen since pre-Oslo;

 

-- a March 2007 Center Against Racism report showed a 26% rise in racist incidents against Israeli Arabs in 2006. In addition, an overall negative trend toward Arabs is growing, including feelings of discomfort, fear and hatred. Most disturbing is the government's attitude and how the media portrays its Arab citizens - stereotypically negative, threatening and as state enemies. Fear and loathing is then sown that, in turn, is translated into actions - threats, assaults, forced separation of Jewish and Arab communities and racist Knesset legislation;

 

-- Knesset members (MKs) and public figures want to strengthen the Jewish character of the state and do it legislatively. For example:

 

(1) to make military or national service a prerequisite to vote and get National insurance benefits; Arabs aren't required to serve in the military, they're not encouraged to do it, few of them do, and Israel's Ministry of Defence has discretion under Article 36 of the 1986 National Defence Service Law to exempt all non-Jews;

 

(2) to require MKs and ministers to declare their allegiance to the State of Israel as a "Jewish and Democratic State;" and

 

(3) a 2007 draft bill declaring that Jewish National Fund (JNF) land (about 13% of state lands) should only be for Jews; the bill passed its "preliminary reading" by 64 to 16. In actuality, the government owns about 80% of Israeli land, the JNF another 13%, and Jews and Arabs the rest. The Israel Land Administration (ILA) administers all government and JNF land, controls who gets access to it, and pretty much assures that Arabs can't buy Israeli land.

 

These and other measures reveal a disturbing pattern - state-sponsored racism against Israeli Palestinians. They're routinely victimized, punished for being Arabs, and denied equality, dignity, privacy, freedom of movement and everything afforded Jews. Their freedom of expression was also challenged after four Arab documents were published with clearly stated aims - to legislatively mandate equal citizenship rights for all Israelis (Jews, Muslims, Christians and others). Outrage was the response because Jews believe these demands threaten state sovereignty. So do officials like head of General Security Service (GSS), Yuval Diskin. He called Israeli Arabs a "strategic threat," and got Attorney General Menachem Mazuz to agree.

 

Palestinian citizens have no say and are disadvantaged in many ways. They're routinely denied equal access to public resources in all areas of life, and ACRI highlights the northern rehabilitation program budget as an example. Arab villages there are sorely lacking because of government neglect. Budgeted funds are inadequate, they're improperly used, Arabs in the north are marginalized, their needs go unaddressed, and 2008 promises to be worse with planned budget cuts.

 

It's worse still in the south for the Negev Bedouins who comprise half the area's 160,000 population. They live in villages called "unrecognized" because their inhabitants had to flee their homes during Israel's War of Independence, couldn't return when it ended, and are considered internal refugees and "trespassers" on Jewish land.

 

These villages were delegitimized by Israel's 1965 Planning and Construction Law that established a regulatory framework and national future development plan. It zoned land for residential, agriculture and industrial use, forbade unlicensed construction, banned it on agricultural land, and stipulated where Israeli Jews and Palestinians could live.

 

Existing communities are circumscribed on a map with blue lines around them. Areas inside can be developed. Those outside cannot. Great latitude is shown Jewish communities, so new ones are added. In contrast, Palestinian areas are severely constricted with no allowed room for expansion. Their land was reclassified as agricultural meaning no new construction is allowed. It means entire communities are "unrecognized" and all homes and buildings there are illegal, even the 95% of them built before the 1965 law passed. They're subject to demolition and their inhabitants displaced at Israel's discretion. It's so new land for Jews can be provided with Arab owners helpless to stop it.

 

As a result, no new Palestinian communities are allowed, and existing "unrecognized villages" are denied essential services like clean drinking water, electricity, roads, transport, sanitation, education, healthcare, postal service, telephone connections, refuse removal and more because under the Planning and Construction Law they're illegal. The toll on people is devastating:

 

-- clean water is unavailable almost everywhere unless people have access to well water; 

 

-- the few available health services are inadequate;

 

-- many homes have no bathrooms, and no permits are allowed to build them;

 

-- only villages with private generators have electricity that's barely enough for lighting;

 

-- no village is connected to the main road network,

 

-- some villages are fenced in prohibiting their residents from access to their traditional lands; and

 

-- education is limited, achievement levels are low, and dropout rates high.

 

It's worse still when home demolitions are ordered. It may stipulate Palestinians must do it themselves or be fined for contempt of court and face up to a year in prison. They may also have to cover the cost when Israelis do it under a system of convoluted justice penalizing Palestinians twice over for being an Arab in a Jewish state.

 

In 2007, around 200 Bedouin homes were demolished, compared to much lower numbers in previous years: 23 in 2002, 63 in 2003, 15 in 2005 and 96 in 2006. Most of the homeless are "invisible," the media hardly covers them, Jews are largely uninformed, and planned Negev Judaization assures things will get worse. It's to be a "A Miracle in the Desert" with a clearly defined aim - to populate the area with a half million Jews in the next decade. Plans are for 25 new communities and 100,000 homes on cleared Bedouin land. Unless efforts coalesce to stop them, the human toll will be horrific.

 

Various advocacy organizations are trying, and one is the UN Committee on the Elimination of all forms of Racial Discrimination. It published its recommendations in March 2007 that called on Israel to reconsider its development plans and recognize "the rights of the Bedouins to own, develop, control and use their communal lands, territories, and resources...." ACRI calls them a "national, religious, and cultural(ly) indigenous minority." Under international law, Israel is obligated to respect their right to preserve their culture and provide them adequate housing, education, livelihood and dignity. Israel, on the other hand, disdains international law, so hoping authorities will respect it looks impossible.

 

Education in Sderot, Israel

 

Sderot borders Gaza and has been struck by Palestinian Qassam rockets. ACRI's study focuses on protecting schools from them, rather than on the education they provide. It reported that despite the state's obligation to defend its citizens, it's done it poorly  in Sderot, including for its schools. They were built in the 1970s, have shingled roofs and lack security rooms. In July 2006, the government adopted the Home Front Command's protection plan that called for reinforcing 24 of the city's schools. Then after a Parents Committee of Sderot petition to the High Court of Justice in October, it was announced that protected space construction would be provided for all preschools and first through third grade classrooms in the Gaza-border region.

 

In May 2007, the Court ruled that the government must provide "full protection" for all classrooms by the start of the 2007-2008 school year. By mid-October, the Sderot Municipality reported work was proceeding satisfactorily on seven schools with plans to build 13 news ones by 2010.

 

ACRI also reported on a shortage of educational psychologists to provide counseling services to students, parents and educators because of the trauma caused by rocket landings in residential areas. A better strategy would be for Israel to stop attacking Gazans, they wouldn't respond in self-defense, and that would ensure safety on both sides. Israel ignores that option, however, chooses conflict instead, so the Ministry of Education and Sderot Municipality need bigger counseling budgets for what they should never have to deal with in the first place.

 

Migrant Worker Rights

 

In October 2006, Israel enacted legislation prohibiting trafficking in persons for slavery, forced labor, prostitution, human organ sales, human reproduction, or immoral publications. Ignored were other types of trafficking, such as "binding" workers to employers and requiring onerous fees to brokers that are still common. More on that below. A victory was achieved in part, however, for 63% of those requesting it in 2007 - granting legal status to migrant workers' children who were born in Israel or have lived there since very young, use Hebrew as their primary language, and have adopted Israel as their culture.

 

The High Court granted another one as well on the way agricultural firms, nursing care services and other industries "bind" migrant workers to a single employer. It ruled this infringes on workers rights, must be discontinued, and gave the government six months to draft new a employment arrangement for its migrant workers. As of last October, nothing was implemented, 18 months after the Court ruling. Abuses still occur, and ACRI concludes that evidence about them paints a "bleak picture for future employment conditions for Israeli migrant workers."

 

Then there's the matter of brokers' fees that can be "astronomical" and a way to earn profits at workers' expense. Israel allows them even though the law forbids it. They're an oppressive burden, can cost several months wages, and they may require high interest rate loans to be able to pay them. A solution may be near, however, under an agreement between Thailand and the International Organization for Migration (IOM) regarding agricultural worker recruitment. Beginning this year, only migrant workers from countries with which Israel has bilateral brokerage fee agreements will be allowed into the country. It remains to be seen if this will work.

 

Citizenship and Residency Status

 

Sovereign states are entitled to decide who can immigrate and get permanent status. But they must consider human rights, issues of family, and not exclude refugees, asylum-seekers, stateless persons or those coming under duress. Israel fails on all counts and makes things worse. It has no immigration policy for non-Jews who aren't welcome, and family member status rules are changing and becoming hardened.

 

In 2005, the government appointed Professor Amnon Rubinstein to head a committee to assess the immigration issue, examine relevant legislation and regulations, and propose new policies and laws. In February 2006 a report was issued, but the committee wasn't reappointed, and bureaucratic guidelines replaced policy with Population Registry civil servants in charge. An administrative black hole is the result with policies governing non-Jews stiffened.

 

Since 2003, the Citizenship and Entry into Israel Law (Temporary Order) denies legal status to Palestinian spouses of Israeli citizens. Israeli Arabs suffer the most as they maintain marriage and family ties with their relatives in the Territories. In May 2006, the High Court rejected petitions opposing the law and determined that it serves an essential security purpose. As a result, although the law is temporary, it's been extended several times, most recently through July 2008.

 

In addition, the law's scope has been expanded and now prevents family member spouses from Iran, Lebanon, Syria, Iraq, and other government-designated "enemy states" from getting status. Tougher immigration rules for non-Jews were also in a government-proposed draft bill stipulating that illegal Israeli residents must leave for a multi-year "cooling off" period before being eligible to return. The law is far-reaching on issues of family life; equality for spouses of Israeli citizens and residents; parents of Israeli minors; elderly parents;  minor children of Israeli citizens and residents; indigenous Negev Bedouins with no formalized status; asylum-seekers; women victimized by trafficking; and many others.

 

According to the UN High Commission for Refugees (UNHCR), the number of asylum-seekers in Israel rose sharply over the past year. Most arrive through Egypt under trying conditions, bear scars of physical and mental abuse, are impoverished and desperate, have no relatives or friends in the country, and are totally dependent on aid from their host.

 

For its part, Israel lacks clear policy directives for dealing with the situation. Mechanisms in place are based on Ministry of Interior unpublished procedures, and inter-ministerial committee asylum determinations are made on a case-by-case basis with all deliberations kept secret. The result is the lowest percent of requests granted in the West, just 1% in 2005. It was even lower in 2006 at under 0.5%. In 2007, 350 refugees got temporary protection, 805 others were denied, and 863 are under review.

 

Even persons recognized as refugees aren't granted permanent Israeli status. At best, they get temporary permits for limited stays. Provisions allow bi-annual renewals if hardship conditions remain in countries of origin, but at times refugees are summarily turned away and others (including women and children) imprisoned for extended periods under very difficult conditions and without having committed an offense.

 

Israel is morally and legally bound to assist asylum-seekers. And it has every right to establish laws and procedures for their admittance. Yet its record is shameless as the West's least hospitable country to individuals in greatest need.

 

Human Rights Violations in Occupied Palestine

 

June 2007 was a milestone for Palestinians. It marked 40 years under Israeli occupation, during which time their democratic rights have been denied and they've endured appalling human rights abuses - to life, liberty, security, privacy and personal safety, in or outside their homes. In addition, they have no property rights or freedom of movement, employment, or for health care and education. They're collectively punished and economically strangled. Their borders are blocked and routinely violated as are their waters and air space. They're also constricted by oppressive curfews, roadblocks, checkpoints, electric fences and separation walls, and their homes are being bulldozed and land taken for illegal settlement expansions. It gets worse.

 

Israeli security forces brutally harass, arrest, imprison, torture and extra-judicially assassinate anyone with impunity. Palestinians are helpless, redress is denied them, and when they resist, they're called terrorists. The toll has been horrific, it's too detailed to recount, so ACRI focused on three prominent issues: movement restrictions, conditions in Hebron that symbolize the overall situation, and life in occupied Gaza that's more repressive than ever. It then addressed conditions in Arab East Jerusalem.

 

Free movement is a basic human right that affects other rights: to employment, to live in dignity, to education, health, and the right to family life. Since the second Intifada began in September 2000, these freedoms have been constricted, and it's made life in the Territories impossible. They mainly affect the West Bank that's restricted by hundreds of checkpoints, roadblocks, barriers and the Separation Wall that's taken 10% of Palestinian territory through a shameless land grab on the pretext of security.

 

Movement restrictions have split the West Bank into six geographic units - North, Center, South, the Jordan Valley, the northern Dead Sea, and East Jerusalem. Movement is severely restricted within and between them, it's had a grave impact on normal economic life, and Palestinians are effectively prisoners in their own land.

 

Consider the checkpoints. They restrict movement and subject Palestinians to inordinate delays and abusive searches. They're supplemented by countless obstacles further impinging movement: concrete blocks, earth mounds, and trenches that deny direct vehicular or pedestrian passage and allow Israelis exclusive access to 311 kilometers of main West Bank roads connecting all of Israel and the Territories. Those most harmed are the elderly, sick, pregnant women and small children. So are selected population groups according to gender, age or place of residence. Males aged 16 to 30 or 35 are targeted as well as populations in cities under assault.

 

Then there's the "black lists" called "Police Refused" or "GSS Refused." Tens of thousands of Palestinians are on them for groundless and arbitrary reasons with no right of appeal. Their lives are disrupted, freedom denied and movements restricted inside the Territory or when attempting to leave. The Separation Wall makes things worse. It's 80% on Palestinian land, has nothing to do with security, separates Palestinians from each other, and violates their fundamental human rights:

 

-- it separates Palestinian cities, villages, communities and families from each other;

 

-- cuts off Palestinian farmers from their lands;

 

-- impedes access to health facilities, educational institutions and other essential services; and it

 

-- obstructs access to clean water sources and effectively steals them.

 

The planned route when completed will be immense - 780 kilometers. By October last year, 409 kilometers were completed and another 72 km were being built. As of last May, there are 65 gates but Palestinians can only pass through 38 of them and only for selected hours of the day and not at all on some days. Around Jerusalem, the planned route is 171 km; half was completed by last June and another 32 km were under construction. The Wall cuts off Palestinians in East Jerusalem neighborhoods from the remaining West Bank as well as villages around Jerusalem and some Palestinian East Jerusalemites from the center of their lives and livelihoods in the city.

 

When completed, the Wall will create two types of Palestinian enclaves:

 

-- villages and agricultural land on the Israeli side in what's called the "seam zone;" and

 

-- villages and land on the Palestinian side that are blocked on three or more sides by twists in the route or the intersection of the Wall with physical roadblocks or roads forbidden to Palestinians.

 

The UN Committee on the Elimination of all forms of Racial Discrimination published recommendations concerning Israel in March 2007. It expressed concern that Occupied Territory movement restrictions have been "highly detrimental" and have impacted essential elements of Palestinians' lives that "gravely infringe (their) human rights...." They have no justification for security or "military exigencies." Yet they're maintained, and who'll challenge Israel to change things.

 

The same situation exists in Hebron, ACRI and B'Tselem jointly documented it, and last year prepared a report called: "Ghost Town." It's a disturbing story of separation, forced displacement and terror. Israel is the oppressor, Palestinians the victims, and no one seems to care. The human toll is horrific - "protracted and severe harm to Palestinians (from) some of the gravest human rights violations" against them that go unaddressed, continue unabated, and worsen.

 

Hebron's City Center was once a thriving commercial and residential area. Today it's a "Ghost Town" because Israel destroyed its fabric of life through a state-imposed policy of land seizures, extended curfews, harsh free movement restrictions and unaddressed violence. Combined, they terrorize Palestinians and prohibit them from driving or even walking on the area's main streets. That, in turn, makes life impossible. The consequences have been devastating with peoples' lives uprooted.

 

Since Gaza and the West Bank were occupied in 1967, Israel expelled tens of thousands of Palestinians overall. In Hebron alone, thousands of residents and merchants were removed or had no option but to leave the City Center because of Israel's "principle of separation" policy.

 

Hebron is important as the West Bank's second largest city, the largest in the territory's south, and the only Palestinian city with an Israeli settlement in its center. It's concentrated in and around the Old City that once was the entire southern West Bank's commercial center. No longer.

 

For many years, Israel severely oppressed Palestinians in Hebron's center. It partitioned the city into northern and southern parts and created a long strip of land for Jewish vehicles only. In addition, in areas open to Palestinians, they're subjected to "repeated detention and humiliating inspections" any time, for any reason, and it worsened after the 1994 Baruch Goldstein massacre of Muslim worshipers in the Tomb of the Patriarchs. Israel's military commander ordered many Palestinian-owned shops closed that were the livelihoods for thousands of people. In addition, he condoned frequent settler violence as a way to remove Palestinians from their own land. It worked.

 

A combination of restrictions, prohibitions and deliberate harassment devastated Hebron's residents. They lost their homes, land, businesses and freedom. ACRI and B'Tselem documented it in the Old City and Casbah areas where most Israeli settlements are located and Palestinians face the harshest conditions and restrictions on their movements. As a result, they were removed or had to leave, and what was once "the vibrant heart of Hebron (is now) a ghost town."

 

A senior Israeli defense official explained the scheme that's pretty common knowledge today. He called it "a permanent process of dispossessing Arabs to increase Jewish territory." Distinguished Israeli historian, Ilan Pappe, calls it state-sponsored ethnic cleansing that's been ongoing since Israel became a state in 1948. B'Tselem-ACRI document the practice in Hebron's once viable City Center.

 

At least 1014 Palestinian housing units (41.9% of the total in the area) were vacated by their occupants. Another 659 apartments (65% of the total) were as well during the second Intifada. In addition, 1829 Palestinian businesses (76.6% of them all) were lost. Of the total, 1141 (62.4% of the total) closed after the year 2000, 440 or more by military order. ACRI and B'Tselem believe Palestinian apartment abandonments were even higher than reported because neighborhoods near settlements collapsed and housing and living costs declined dramatically there. Poor families took advantage. Unable to afford more costly housing, they left distant parts of Hebron for Old City neighborhoods where they occupied vacated houses.

 

Overall, the affects were devastating - job loss, poor nutrition, rising poverty, growing family tensions from prolonged confinement, severe harm to education, welfare and health systems, and a mass exodus away from areas near settlements resulting in lost homes and businesses. To this day, nothing has changed, there's no sign it will any time soon, and things, in fact, got worse.

 

Israeli security forces protect settlers who freely attack Palestinians with impunity. Offenses include physical assaults and beatings (at times with clubs), stone throwing, and hurling refuse, sand, water, chlorine, and empty bottles. Settlers freely loot Palestinian shops and commit acts of vandalism against them and other owner property. Killings also occur as well as attempts to run over people with vehicles, chop down fruit trees, poison water wells, break into homes, and pour hot liquids on Palestinian faces. IDF forces are positioned everywhere in the area. They witness everything and ignore it.

 

Soldiers also commit violence and use excessive force as do police. In addition, they engage in arbitrary house searches at all hours of the day and night, seize houses, harass, detain randomly and conduct humiliating searches and harsh treatment overall. These actions violate international and Israeli administrative and constitutional law. They persist nonetheless.

 

In Gaza it's even worse. Life there was never easy under occupation, but conditions worsened markedly after Hamas' surprise January 2006 electoral victory. Israel refused to recognize it. So did the US and the West. All outside aid was cut off, an economic embargo and sanctions were imposed, and the legitimate government was isolated. Stepped up repression followed along with repeated IDF incursions, attacks and arrests. Gazans have been imprisoned in their own land and traumatized for months. No one outside Palestine cares or offers much aid, and things continue to deteriorate.

 

Hamas is isolated, assaulted and called a "hostile entity." Then on September 19, 2007 sanctions were tightened, electricity and fuel was reduced and so were supplies of food, medicines and other essential items. Tighter border crossing restrictions were also imposed on an area already devastated by years of repression.

 

Its industrial production is down 90%, and its agricultural output is half its pre-2007 level. In addition, nearly all construction stopped, and unemployment and poverty exceed 80%. Shops then ran out of everything because Israel allows in only nine basic materials, their availability is spotty, and some essentials are banned, like certain medicines, and others restricted like fruit, milk and other dairy products. Before June 2007, 9000 commodities could be imported. Today, it's only 20, people don't get enough food, and the situation is desperate.

 

Then there's the matter of power without which Gaza shuts down. The Strip needs 230 - 250 daily megawatts of electricity. Its only power plant supplies around 30% of it, but people in central Gaza and Gaza city are totally dependent on what can't be supplied if industrial diesel fuel the plant depends on is cut off. The result is critically ill people are endangered, hospitals can't function, bread and other baked goods can't be produced without electricity to power ovens, food is already in short supply, so is fresh water, and sanitation conditions are disastrous.

 

The situation may now worsen following Israel's High Court January 30, 2008 decision in which it upheld government sanctions on Gaza and its right to restrict fuel and electricity. Here's what's planned on top of already imposed cuts. Starting February 7, further reductions will be made incrementally according to a plan submitted to the Court - 5% on three of ten lines supplying electricity to Gaza for a total of 1.5 megawatts through around February 21. An additional 25 megawatts have already been cut because of diesel fuel reductions to Gaza's sole power plant. The result is rolling blackouts, hospitals in crisis, and sewage treatment plants, water pumps and other vital services can't operate. Transportation is also disrupted. The situation is critical, Israel won't address it, these punitive measures violate international law, and the world community is dismissive.

 

Egypt, however, may provide belated relief. On March 21, the pro-government Al-Ahram newspaper reported that Cairo is expected to build a power line to supply about 150 megawatts of electricity to the Strip and become its main supplier. A senior Egyptian electricity ministry official apparently confirmed it by indicating the Islamic Development Bank agreed to finance the project that will link El-Arish in Sinai with Gaza.

 

In addition, an Egyptian oil minister issued "urgent" directives for his country to provide natural gas to the Territory and help develop offshore Palestinian gas fields that British Gas Group (BG) estimates hold 1.3 trillion cubic meters in proved reserves worth nearly $4 billion. For its part, Israel wants to cut all ties with Gaza and apparently finds the new arrangement acceptable or at least won't prevent it. However, it remains for it to be implemented, Gaza remains under siege, and conditions on the ground are at crisis levels.

 

East Jerusalem is also victimized by neglect and discrimination even though Israel granted its Palestinian population "permanent resident" status after its 1967 occupation. International law is clear, and Israeli law as well obligates the government to treat the population equitably and afford them all services and rights Israelis get, aside from the right to vote in national elections.

 

Israel refuses and for the past four decades has systematically neglected Palestinian Arabs as part of a discriminatory policy to drive them from the city and secure a Jewish majority in it. As a result, East Jerusalem residents suffer severe distress, conditions continue worsening, and life for them is an unending cycle of poverty, neglect, shortages and repression. In 2003, Central Bureau of Statistics data showed 64% of Palestinians in the city lived in poverty compared to 24% of Jewish families. It was even worse for children - 76% of Palestinians compared to 38% of Jews.

 

Other examples of abuse and neglect are also common:

 

-- Palestinians aren't allowed building permits for new construction; in rare instances when they're allowed, permit fees are too high to be affordable for nearly everyone;

 

-- their lands continue to be expropriated for new Jewish neighborhoods and settlements;

 

-- in contrast, Jewish areas get generous construction and infrastructure investment;

 

-- desperate Palestinians resort to their own devices, erect homes on their own land, yet live in fear of frequent demolitions that are patently illegal;

 

-- East Jerusalem sanitation facilities are sorely lacking; sewage and drainage infrastructure is grossly inadequate, antiquated and poorly maintained; the result is frequent sewer flooding and harmful sanitary conditions that are exacerbated during bad weather; in addition, trash goes uncollected and piles up in streets;

 

-- infrastructure is in disrepair, public parks and recreational facilities don't exist, the postal service barely functions, and most Arab neighborhoods get no fresh water;

 

-- educational facilities are lacking; a severe classroom shortage exists, and only half of the city's children are enrolled in municipal schools that are overcrowded, poorly equipped and unsafe;

 

-- the toll on Palestinians is horrific in many ways: family relationships are damaged; violence in them is common; school dropouts are high; jobs are scarce; crime and drug use rises; and health and nutritional problems are severe; in spite of overwhelming needs, welfare services are inadequate, near collapse and one consequence is thousands of children and youths are in acute distress and at high risk;

 

-- police and security force brutality exacerbates the hardships; harassment is common and so is unrestrained violence; Palestinians are terrorized, harmed, frequently killed, and no one outside the Territories seems to notice or care.

 

The Right to Privacy

 

Israel has no formal constitution. It relies instead on 11 Basic Laws. Section 7 (D) states that "there shall be no violation of the confidentiality of conversation." Authorities ignore it, and data show police wiretapping abuses are common, thus violating the right to privacy.

 

By law, police must formally request a court order to wiretap. Rarely are they refused, and in 2007 a Knesset committee investigated the issue. In November 2007, a new bill was drafted concerning the transfer of data from communications companies to the police for use in criminal investigations. It provides wide latitude, and ACRI calls the potential for privacy violations enormous and possibly unprecedented. Protests were lodged against the original bill, and they led to important changes toning down the initial language.

 

Privacy issues also affect job applicants and employees, can be abusive, and individuals get no choice - accept them, or else. They:

 

-- demand job applicants sign a complete waiver of medical confidentiality;

 

-- allow employer surveillance of telephone conversations and e-mail correspondence;

 

-- mandate compulsory polygraphs for applicants and employees; and

 

-- use video cameras for workplace monitoring.

 

Criminal Justice

 

The right to counsel is essential for anyone charged with a crime. Israel's Public Defender's Law (1995) stipulates that detainees and defendants unable to afford help are entitled to state-funded representation, but only for crimes with prison terms of five or more years. This was amended in December 2006 to prohibit prison sentences for unrepresented defendants.

 

Israel's legal system also establishes the right to a fair trial and other safeguards. Yet, erosion began in 2007 under a temporary Knesset January 2007 law infringing on detainees rights: they can be denied face-to-face contact with an attorney; prevented from meeting with family members; denied the right to be present at hearings on their charges; interrogated without counsel; and unreasonably cut off from the outside world that creates a feeling of isolation.

 

In June 2007, the Office of the Public Defender published a report on detention and incarceration conditions in Israeli police internment facilities. As in previous years, it was alarming and indicated basic human rights violations, some extreme. An Israeli Bar Association March 2007 report reached the same conclusions:

 

-- severe overcrowding and highly restrictive living space in two-thirds of detention facilities examined; some cells were only two square meters or less;

 

-- larger cells held up to 10 prisoners;

 

-- sanitary and hygiene conditions were poor as well as ventilation; some cells lacked windows;

 

-- wall peeling and crumbling from dampness and mold were common;

 

-- prisons had filthy and foul-smelling toilets and showers as well as infestations of cockroaches, rats and other vermin;

 

-- lighting was poor and prisoners often sat in dark, suffocating, fetid cells; the wings of one prison were described as unsuitable for human habitation; and

 

-- complaints were common about violence at the hands of guards and wardens; collective punishment was also inflicted and overall treatment was degrading, humiliating and invasive.

 

Police brutality is a major issue, just as it is in the US. The authorities have great power and too often abuse it  with impunity. Complaints often are unaddressed. The problem is systemic, it's within the Police Service, and specifically in the Police Investigations Department of the Ministry of Justice (PID).

 

PID was established in 1992 and mandated to investigate complaints against police in cases of excessive force. However, investigations are rare, and seldom ever are there prosecutions, regardless of the complaint's severity and almost never against senior officers with authority. The lack of effort assures continued brutality because officers know they can get away with it.

 

The Destabilization of Democracy

 

The Israeli Democracy Institute (IDI) surveyed Israeli citizens, published its "Democracy Index" in June 2007, and included some disturbing findings in it. Its survey showed:

 

-- less than half of respondents believe public speakers have the right to criticize the government;

 

-- only 54% favor freedom of religion and a bare 50% feel Arabs and Jews should have equal rights;

 

-- 87% rate Jewish-Arab relations poor or very poor;

 

-- 78% oppose having Arab parties or ministers join Israel's government;

 

-- 43% believe Arabs aren't intelligent;

 

-- 55% feel the government should encourage Arab emigration; and

 

-- 75% think Arabs favor violence.

 

Overall, the results showed democratic values eroding since the IDI 2003 survey. It doesn't happen in a vacuum. It's part of the cultural environment: from the home, within families, at school, through the media and other social contexts from which attitudes develop. It's also gotten from the law, the way Israeli courts interpret it, particularly the High Court of Justice, and subsequent legislative efforts to bypass Court rulings and trample on human rights. The problem is pervasive and worsening as Israel becomes a very hostile place, much like America. And it doesn't just affect Israeli Arabs who get no justice.

 

ACRI cites the role of Daniel Friedman since he became Israel's Justice Minister in February 2007. He's since proposed a number of initiatives and "reforms" that threaten to undermine the legal system and High Court in particular. One proposal was to change how justices are chosen in a way that would curtail their independence and politicize the entire process. In August, he then prepared a draft bill to limit public petitioner rights to the High Court, especially for human rights organizations.

 

ACRI ends its lengthy and disturbing report as follows: History shows that "parliaments tend to violate human rights in times of crisis. It is precisely at these moments, however, that (it's vital) to preserve the judiciary's role in the system of checks and balances." Israel claims to be a democracy. It has an odd way of showing it, and when it comes to its Arab citizens, it's nowhere in sight.

 

 

Stephen Lendman lives in Chicago and can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it.. Also visit his blog site at sjlendman.blogspot.com.


Obama’s Israel Test: Is the lobby losing its grip?

This interesting article by Scott McConnell describes the anxieties within mainstream Jewish community in regards to Obama.
In analyzing the way the lobby views Obama, McConnell points out  two visible cracks in the strength of the "Israel Lobby" :
" the ability to successfully intimidate and the capacity to plausibly threaten a cut-off of campaign funds. Obama ignored requests of Messieurs Dershowitz and Foxman and the world didn’t stop. His internet fund-raising has already generated anxious murmurings. “It’s easier to get credit as a community if there’s a Jewish fundraising event or a bundler who is known to reach out to our community,” one Clinton backer told the Forward. “Online it’s harder.” Especially, one might add, when the new method is wildly outperforming the traditional approach."

Racheli Gai.


http://www.amconmag.com/2008/2008_03_10/article.html

Obama’s Israel Test

Is the lobby losing its grip?

by Scott McConnell

Laying the groundwork for a bold presidential bid, the young Democratic senator set up a meeting with a key leader of the Jewish community. He had won substantial Jewish support in his home state, but as a first termer, he was not yet well known nationally. Sitting down with a prominent Chicago developer, the senator averred that he hoped to make progress on the Palestinian refugee situation.

The rebuke to John F. Kennedy came instantly. Philip Klutznick told him, “If you are going to run for the presidency, and that is what you are going to say, count me out and count a lot of other people out too.” Kennedy counted Klutznick in, shortly thereafter giving a speech lavishly praising Israel and dropping the refugee question for the duration of his campaign.

Once elected, he did broach the issue during a state visit with David Ben-Gurion, and subsequently floated a plan that would allow some Palestinians to return home. The Israeli prime minister was not enthusiastic, calling the Kennedy proposal “a more serious danger to Israel’s existence than all the threats of the Arab dictators and kings.” Leaders in the American Jewish community campaigned vigorously against the initiative, which was quietly dropped. Disappointed in his effort to reach an entente with Egypt’s Nassar, Kennedy offered high-tech Hawk missiles to Israel, beginning the process of turning the United States into Israel’s chief arms supplier and laying the foundation for the present bilateral relationship.

Several wars and many billions of aid dollars later, the politics of Israel-Palestine are not exactly the same as 50 years ago but not that different either. Israel is more powerful and more dependent on American largesse. Americans are far more deeply engaged in the Middle East and for the most part are not happy about it. And American Jews still play a large, perhaps preponderant, role in Democratic Party fundraising.

On the surface, the tie between Barack Obama and Israel’s establishment supporters is warm and comfortable, as it would be for almost any major Democratic candidate. Last year the Illinois senator spoke at AIPAC’s annual conference—“a small group of friends” by his description—and described a recent trip to Israel, his ride in an IDF helicopter, the horror of Hezbollah rockets, the great threat to the United States and Israel posed by Iran. Israel was America’s “strongest ally” in the region. Obama mentioned the peace process, but assured his listeners that he would neither “drag” Israel to the negotiating table nor “dictate” what would be best for the Jewish state’s security. The speech, if not the paean to right-wing Zionism delivered by John Hagee or Dick Cheney, was still well received.

Nonetheless, there is a sense among the Jewish establishment that all is not as it seems—and if the view has not yet crystallized that Obama has a less Israelocentric perception of the Middle East than any major party nominee since Eisenhower, there is foreboding that the times are a-changin’.

That Obama has an Israel issue is not only being stressed by smear artists anonymously circulating emails that the senator is a “secret Muslim.” It’s also a worry percolating at the highest levels of the Jewish establishment. Listen to Malcolm Hoenlein, head of the Conference of Presidents of Major Jewish Organizations, at a press conference last month in Jerusalem: “All the talk about change, but without defining what the change should be, is an opening for all kinds of mischief.” It’s not Obama himself, Hoenlein assured. He has plenty of Jewish supporters and advisers. But, he added, “there is legitimate concern about the zeitgeist of the campaign.” Obama, he worried, had criticized Hillary for putting Iran’s Revolutionary Guard on the list of terrorist organizations. Overall support for Israel is broad yet thin, he warned, adding that an increasing number of Americans see the Jewish state as a “dark and militaristic place.”

Israel’s former ambassador to Washington Danny Ayalon added his concern, chastising Obama for failing to clarify how he would ensure Israel’s “Qualitative Military Edge” if elected. Abe Foxman of the Anti Defamation League called on Obama to either change the views of his pastor Jeremiah Wright (anti-Israel, Foxman says with apparent evidence) or leave his church. Thus far Obama has done neither. A confidential memo circulated inside the American Jewish Committee asserted that Obama’s Mideast views “raise questions.” Singled out as worry points were Obama’s call for diplomacy with Tehran and the fact that in 1998 he attended a dinner keynoted by the now deceased Columbia University professor Edward Said, a Palestinian whose prestige has long irritated neoconservatives. (On the Web one can find a photo of Obama, in a black shirt and sports jacket, chatting amiably with the more conventionally business-suited Columbia don.)

These sallies were couched in the always well-modulated language of the Jewish establishment, written by people inclined to persuade Obama, not criticize him. The tried and true Philip Klutznick method. Not so, however, the more polemical wings of the lobby. The neoconservative webzine American Thinker has turned unmasking what it deems Obama’s hostility to Israel into a central editorial focus. Editor Ed Lasky cautions readers not to make too much of Obama’s pro-Israel speeches. “I was there,” he wrote of the AIPAC address, “just a few yards in front of Barack Obama. His speech was desultory ... lacking the spirit and energy that are ... [his] trademark. He clearly seemed to be going through the motions.”

The root of the concern, echoed by The New Republic’s Marty Peretz and others, is that some members of Obama’s foreign-policy team are not full-fledged Israel partisans. Those most frequently cited are former top Carter aide Zbigniew Brzezinski, Samantha Power, and Robert Malley. The latter, who has at most a tangential tie to the campaign, was a member of Bill Clinton’s negotiating team at Camp David in 2000, who later claimed in a much-noted essay in the New York Review of Books that the famous best offer ever given to Yasser Arafat was flawed and was not even a solid offer. Power has become famous as the prize-winning author of a book on the Rwanda genocide and as an advocate of muscular “humanitarian” intervention. Brzezinski, in his late seventies, is still a Washington wise man and one of the few in the Beltway establishment to have come away from the Iraq debacle with an enhanced reputation. He and the Obama campaign say his role is minimal, though that has not stopped Alan
Dershowitz from demanding that Zbig be dropped, counsel that Obama has ignored. Brzezinski draws fire because for three decades he has quietly advocated that the United States take the initiative in outlining its vision of a Palestinian-Israeli settlement, an arrangement more difficult to envision now, after Israel has moved 400,000 settlers into the West Bank, than when he first recommended it.

Malley and Brzezinski really do believe in a two-state solution to the Israeli-Palestinian mess—they aren’t merely, in the manner of the Bush administration, paying lip service to the idea while ignoring Israeli actions that effectively strangle Palestinian statehood in its cradle. Whether Obama would appoint people of like mind to key policy positions or listen to their advice is anyone’s guess. He probably has not thought much about it. Still, it is undeniable that he actually knows people who embrace the Palestinian cause: there is that dinner with Edward Said, and one of his colleagues at the University of Chicago was Rashid Khalidi, the Palestinian scholar now at Columbia. This may be a first for a major party nominee.

These elements alone will probably ensure that if Obama is the nominee, Israel-Palestine will be a topic in the general election. Those already attacking his advisers—Marty Peretz, The American Thinker, the Commentary blog—will raise the volume on their efforts. Obama and his allies will initially try to deflect the blows but will eventually be forced to argue back. Jews who support a two-state-solution—who have long taken a backseat to AIPAC and the neoconservatives—will find their voices amplified through a major presidential campaign. So will Arab-Americans who support Obama. For the first time in a presidential race, the Israel-Palestine issue will consist of something other than two men squabbling over who will more rapidly overrule the State Department and absolutely positively move the U.S. embassy from Tel Aviv to Jerusalem.

A welcome corollary will be realization that there are different ways for Americans to be “pro-Israel” and push back against the view that being pro-Israel means supporting the right of the Jewish state to lord it over 5 million Palestinians in conditions increasingly seen as resembling South African apartheid. The alternative view won’t sweep the country, but it will migrate from its present home on university campuses and liberal Protestant churches into the wider body politic.

Finally will come recognition that the Israel lobby’s power to dominate the American debate is beginning to weaken. It remains considerable, but two of its pillars are cracked: the ability to successfully intimidate and the capacity to plausibly threaten a cut-off of campaign funds. Obama ignored requests of Messieurs Dershowitz and Foxman and the world didn’t stop. His internet fund-raising has already generated anxious murmurings. “It’s easier to get credit as a community if there’s a Jewish fundraising event or a bundler who is known to reach out to our community,” one Clinton backer told the Forward. “Online it’s harder.” Especially, one might add, when the new method is wildly outperforming the traditional approach. .  ?


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Jewish Peace News editors:
Joel Beinin
Racheli Gai
Rela Mazali
Sarah Anne Minkin
Judith Norman
Lincoln Shlensky
Alistair Welchman
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Report Says Israel Slow to Admit Patients from Gaza


JERUSALEM — A new report by the World Health Organization says that 32 Palestinians from Gaza have died in recent months largely because of Israeli restrictions that delayed their access to urgent medical treatment in Israel.

But Israeli officials rejected the findings on Wednesday. They said that the people who had compiled the report had never asked them about the cases, that Israeli officials had no records of entry permits being sought in some of the cases and that details of other cases were inaccurate. Israeli officials also said that the number of Gazans admitted to Israel for advanced medical treatment was increasing.

{josquote}"nonsense, inhumanity and, at the end, tragedies” that “could have and should have been avoided.” {/josquote}
The report, released Tuesday by the W.H.O., the United Nations health authority, and covering October through March, says that in some cases permits to enter Israel had been late, while other applicants had been denied permits on security grounds. In five cases, the reason given for the delay was a lack of available hospital beds.

Most of the report was based on interviews in Gaza with relatives of the dead, and with Palestinian medical workers and other Palestinian officials.

The report points to the turmoil in the Gaza Strip and bureaucratic staff changes there as factors hampering access to urgent health care. But Dr. Ambrogio Manenti, the director of the World Health Organization office for the West Bank and Gaza Strip, focused on the effects of the Israeli border closing in presenting the report and said the cases it described were illustrations of “nonsense, inhumanity and, at the end, tragedies” that “could have and should have been avoided.”


Read more: Report Says Israel Slow to Admit Patients from Gaza

A look back in 2004: A Girl's Chilling Death in Gaza

[I occasionally think of this little girl and this murder ever since I first read about it...Editor]


Israeli Army Concedes Failure in Initial Probe of Shooting

JERUSALEM -- On the morning of Oct. 5, Iman Hams, a slight girl of 13 wearing a school uniform and toting a backpack crammed with books, wandered past an Israeli military outpost on the Gaza Strip's southern border with Egypt.

The Israeli captain on duty alerted his troops to reports of a suspicious figure about 100 yards from the outpost. Soldiers fired into the air, according to radio transmissions, military court documents and witnesses.

"It's a little girl," a soldier watching from a nearby Israeli observation post cautioned over the military radio. "She's running defensively eastward. . . . A girl of about 10, she's behind the embankment, scared to death."

Four minutes later, Israeli troops opened fire on the girl with machine guns and rifles, the radio transmissions indicated. The captain walked to the spot where the girl "was lying down" and fired two bullets from his M-16 assault rifle into her head, according to an indictment against the officer. He started to walk away, but pivoted, set his rifle on automatic and emptied his magazine into the girl's prone body, the indictment alleged.

"This is Commander," the captain said into the radio when he was finished. "Whoever dares to move in the area, even if it's a 3-year-old -- you have to kill him. Over."

The girl's body was peppered with at least 20 bullets, including seven in her head, said Ali Mousa, a physician who is director of the Rafah hospital where her corpse was examined.

An investigation was undertaken, and the military's top commanders -- including the chief of staff, Lt. Gen. Moshe Yaalon -- said repeatedly that the captain had acted properly under the circumstances. But Israeli newspapers published graphic accounts by soldiers who said they witnessed the incident, and Israel's Channel 2 television aired recordings of the radio transmissions.

As a result, the company commander -- identified by the army only as Capt. R -- was indicted this past week on charges of misuse of a firearm, ordering subordinates to lie about the shooting and violation of military regulations. In addition, the military moved to reexamine the investigation, which Yaalon conceded had been "a grave failure" and which the indictment alleged was the subject of an attempted coverup.

The shooting of the schoolgirl added to a growing number of incidents that have spurred Israeli soldiers to speak out about abuses of Palestinians, despite pressure from superiors in the field and statements by senior military officials playing down such cases. Last week, after troops provided photographic evidence to an Israeli newspaper, the military opened an investigation into allegations that soldiers desecrated the bodies of Palestinians killed during army operations.

In a vitriolic meeting of the Israeli parliament's law committee this month, legislator Zahava Galon of the dovish Yahad party said, "The army sends across a message of disregard for human life" with such behavior.

Five days after the October incident, Yaalon told Israeli Prime Minister Ariel Sharon's cabinet that the girl likely had been used as a lure to draw soldiers from the outpost and into the range of Palestinian sniper fire. Yaalon told the cabinet that his investigation showed that the soldiers fired into the air, but when the girl continued walking and tossed her backpack aside, they shot at her, fearful that she might have a bomb.

Under questioning from a cabinet member, Yaalon denied press reports that the commander and other soldiers left the outpost to make sure the girl was dead. At the next cabinet meeting a week later, he went further, saying he believed the captain's account that he was responding to "gunfire aimed at him by firing a burst into the ground" and said the captain offered "a reasonable explanation considering the conditions of the location and the events."

But soldiers who witnessed the incident and told their stories to the Israeli news media eventually forced Yaalon to reverse his claims. Last week, Yaalon conceded that the army's investigation had been a failure, and he said he was "determined to deal with every incident of this type in order to root out every failure of values from the Israel Defense Forces."

"There is no logical reason for what he did," a soldier, who declined to be identified, told the daily newspaper Yedioth Aharonoth a few days after the incident. "Not for shooting the two bullets at her, and certainly not the burst afterward. This is the most sickening thing I have ever seen during my army service. It was desecration of a body. That is not what we are taught to do in the army. . . . The 13-year-old girl was already dead. Why did he fire that burst into her?"

Shmuel Shenfeld, one of the indicted officer's attorneys, said the captain opened fire because of "suspicion of a penetration by a terrorist" near the outpost. He added, "I believe he will be acquitted because he acted the way one has to act in order to neutralize a threat on his soldiers."

Shenfeld denied that the captain pumped bullets into the dead girl, saying he was firing in response to shooting from the direction of the nearby refugee camp.

The indictment issued against the captain alleged that he called several of his subordinate officers and soldiers into his office a week after the incident and "tried to convince" them that they "noticed shooting near the body of the deceased only," rather than shooting at the body. The indictment also accused the captain of asking his men to testify that he hit the body with the burst of fire "by mistake" as he was withdrawing from the area.

Shenfeld said that some soldiers in the unit were trying to frame his client.

The shooting occurred on the edge of the Rafah refugee camp in the far southwestern corner of the Gaza Strip near the Egyptian border -- the most dangerous combat zone in the Israeli-Palestinian conflict. The youngster, Iman Hams, dressed in the striped pinafore worn by girls who attend the U.N.-run schools in Gaza's refugee camps, was on her way to class just before 7 a.m. on a Tuesday morning, her 25-year-old brother, Ihab Hams, said in an interview. Her school is located on the edge of the refugee camp, a few hundred yards from the Rafiakh Jewish settlement to the north and an even shorter distance from an Israeli military border post to the west.

When the school called her family to report that she did not show up for classes and that a girl had been shot nearby, Ihab Hams said he raced to the scene to investigate.

"She was going to school like every day, and the soldiers started to shoot," Hams said he was told by a teacher at the school who witnessed the incident. "She was injured in her leg and became hysterical. She started to run. A teacher tried to stop her, but she didn't listen because she was so scared.

"Then they shot her," he said.

When he returned home, his father asked if Iman, one of nine children, was the girl being reported dead on the radio.

" 'No, she's okay,' " Ihab said his father replied. "I stood at the door and I felt so sad. My father asked me again. Then I told him, 'Iman has passed away.' "

Special correspondent Islam Abdulkarim in Gaza City and researcher Samuel Sockol contributed to this report.


Unpopularity contest: Iran first, Israel second


Unpopularity contest: Iran first, Israel second
www.jta.org/cgi-bin/iowa/breaking/107847.html
JTA

Israel was second only to Iran in a survey of the world's most unpopular nations.

A BBC World Service annual survey of views on various countries found that the highest number of respondents, 54 percent, voiced negative views about Iran's influence on global affairs, with Israel next at 52 percent.

Iran has been criticized greatly for its nuclear program and support of terrorism. Israel, in turn, has been lambasted for its crackdowns on the Palestinians and the 2006 war in Lebanon.

Pakistan was the third most poorly rated country in the poll published Wednesday.

International opinion about the United States appears to have improved, with 35 percent of respondents rating it positively as opposed to 31 percent last year.

The BBC quoted experts as saying the imminent departure of President Bush, whose war on terror has proven unpopular abroad and at home, may have affected views.

According to the survey, negative views on Israel have decreased slightly in Western Europe, South America, Turkey and even the United Arab Emirates. But there has been an increase among Americans with 39 percent, up from 33 percent, leaving them nearly divided on their views at 43 percent positive and 39 percent negative.

The poll of 17,457 respondents in 34 countries was conducted between October and January. No margin of error was given.
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