I heard about this last week, but I wasn't aware that there was a CNN reporter onboard so it's news to me that the story was reported at all. It's great to hear him say directly that it was a lie that 'The Dignity' was doing anything untoward.
The people who run these emergency supply boats, mostly carrying medicines, are genuine heroes. More power to them.
CARACAS, Venezuela (AP) — Venezuela ordered the expulsion of the Israeli ambassador on Tuesday to protest Israel's military offensive in the Gaza Strip.
President Hugo Chavez has condemned the campaign in Gaza, where nearly 600 Palestinians have been killed in ground and air strikes.
Venezuela's Foreign Ministry announced the decision in a statement, saying it "has decided to expel the Israeli ambassador and part of the personnel of the Israeli embassy."
Chavez earlier condemned the Israelis carrying out the military campaign as "murderers" and urged Jews in Venezuela to take a stand against the Israeli government.
"Now I hope that the Venezuelan Jewish community speaks out against this barbarism. Do it. Don't you strongly reject all acts of persecution?" Chavez said.
"How far will this barbarism go?," he said in an appearance on state television. "The president of Israel should be taken before an international court together with the president of the United States, if the world had any conscience."
The foreign minister said its U.N. mission is joining with other countries in demanding the Security Council "apply urgent and necessary measures to stop this invasion."
Officials could not immediately be reached at the Israeli Embassy in Caracas, which had closed by the time of the announcement.
Chavez has long been critical of the Israeli government's policies in the Middle East and has supported the Palestinians' stance in the conflict.
Good stuff - if so many other countries weren't kept silent by US trade agreements I'm sure they would do the same. Here's a list of those countries with an Israeli embassy,
Understanding the Gaza Catastrophe Richard Falk, UN Special Rapporteur
For eighteen months the entire 1.5 million people of Gaza experienced a punishing blockade imposed by Israel, and a variety of traumatizing challenges to the normalcy of daily life. A flicker of hope emerged some six months ago when an Egyptian arranged truce produced an effective ceasefire that cut Israeli casualties to zero despite the cross-border periodic firing of homemade rockets that fell harmlessly on nearby Israeli territory, and undoubtedly caused anxiety in the border town of Sderot. During the ceasefire the Hamas leadership in Gaza repeatedly offered to extend the truce, even proposing a ten-year period and claimed a receptivity to a political solution based on acceptance of Israel's 1967 borders. Israel ignored these diplomatic initiatives, and failed to carry out its side of the ceasefire agreement that involved some easing of the blockade that had been restricting the entry to Gaza of food, medicine, and fuel to a trickle.
Israel also refused exit permits to students with foreign fellowship awards and to Gazan journalists and respected NGO representatives. At the same time, it made it increasingly difficult for journalists to enter, and I was myself expelled from Israel a couple of weeks ago when I tried to enter to carry out my UN job of monitoring respect for human rights in occupied Palestine, that is, in the West Bank and East Jerusalem, as well as Gaza. Clearly, prior to the current crisis, Israel used its authority to prevent credible observers from giving accurate and truthful accounts of the dire humanitarian situation that had been already documented as producing severe declines in the physical condition and mental health of the Gazan population, especially noting malnutrition among children and the absence of treatment facilities for those suffering from a variety of diseases. The Israeli attacks were directed against a society already in grave condition after a blockade maintained during the prior 18 months.
As always in relation to the underlying conflict, some facts bearing on this latest crisis are murky and contested, although the American public in particular gets 99% of its information filtered through an exceedingly pro-Israeli media lens. Hamas is blamed for the breakdown of the truce by its supposed unwillingness to renew it, and by the alleged increased incidence of rocket attacks. But the reality is more clouded. There was no substantial rocket fire from Gaza during the ceasefire until Israel launched an attack last November 4th directed at what it claimed were Palestinian militants in Gaza, killing several Palestinians. It was at this point that rocket fire from Gaza intensified. Also, it was Hamas that on numerous public occasions called for extending the truce, with its calls never acknowledged, much less acted upon, by Israeli officialdom. Beyond this, attributing all the rockets to Hamas is not convincing either. A variety of independent militia groups operate in Gaza, some such as the Fatah-backed al-Aqsa Martyrs' Brigade are anti-Hamas, and may even be sending rockets to provoke or justify Israeli retaliation. It is well confirmed that when US-supported Fatah controlled Gaza's governing structure it was unable to stop rocket attacks despite a concerted effort to do so.
What this background suggests strongly is that Israel launched its devastating attacks, starting on December 27, not simply to stop the rockets or in retaliation, but also for a series of unacknowledged reasons. It was evident for several weeks prior to the Israeli attacks that the Israeli military and political leaders were preparing the public for large-scale military operations against the Hamas. The timing of the attacks seemed prompted by a series of considerations: most of all, the interest of political contenders, the Defense Minister Ehud Barak and the Foreign Minister Tzipi Livni, in demonstrating their toughness prior to national elections scheduled for February, but now possibly postponed until military operations cease. Such Israeli shows of force have been a feature of past Israeli election campaigns, and on this occasion especially, the current government was being successfully challenged by Israel's notoriously militarist politician, Benjamin Netanyahu, for its supposed failures to uphold security. Reinforcing these electoral motivations was the little concealed pressure from the Israeli military commanders to seize the opportunity in Gaza to erase the memories of their failure to destroy Hezbollah in the devastating Lebanon War of 2006 that both tarnished Israel's reputation as a military power and led to widespread international condemnation of Israel for the heavy bombardment of undefended Lebanese villages, disproportionate force, and extensive use of cluster bombs against heavily populated areas.
Respected and conservative Israeli commentators go further. For instance, the prominent historian, Benny Morris writing in the New York Times a few days ago, relates the campaign in Gaza to a deeper set of forebodings in Israel that he compares to the dark mood of the public that preceded the 1967 War when Israelis felt deeply threatened by Arab mobilizations on their borders. Morris insists that despite Israeli prosperity of recent years, and relative security, several factors have led Israel to act boldly in Gaza: the perceived continuing refusal of the Arab world to accept the existence of Israel as an established reality; the inflammatory threats voiced by Mahmoud Ahmadinejad together with Iran's supposed push to acquire nuclear weapons, the fading memory of the Holocaust combined with growing sympathy in the West with the Palestinian plight, and the radicalization of political movements on Israel's borders in the form of Hezbollah and Hamas. In effect, Morris argues that Israel is trying via the crushing of Hamas in Gaza to send a wider message to the region that it will stop at nothing to uphold its claims of sovereignty and security.
There are two conclusions that emerge: the people of Gaza are being severely victimized for reasons remote from the rockets and border security concerns, but seemingly to improve election prospects of current leaders now facing defeat, and to warn others in the region that Israel will use overwhelming force whenever its interests are at stake.
That such a human catastrophe can happen with minimal outside interference also shows the weakness of international law and the United Nations, as well as the geopolitical priorities of the important players. The passive support of the United States government for whatever Israel does is again the critical factor, as it was in 2006 when it launched its aggressive war against Lebanon. What is less evident is that the main Arab neighbors, Egypt, Jordan, and Saudi Arabia, with their extreme hostility toward Hamas that is viewed as backed by Iran, their main regional rival, were also willing to stand aside while Gaza was being so brutally attacked, with some Arab diplomats even blaming the attacks on Palestinian disunity or on the refusal of Hamas to accept the leadership of Mamoud Abbas, President of the Palestinian Authority.
The people of Gaza are victims of geopolitics at its inhumane worst: producing what Israel itself calls a 'total war' against an essentially defenseless society that lacks any defensive military capability whatsoever and is completely vulnerable to Israeli attacks mounted by F-16 bombers and Apache helicopters. What this also means is that the flagrant violation of international humanitarian law, as set forth in the Geneva Conventions, is quietly set aside while the carnage continues and the bodies pile up. It additionally means that the UN is once more revealed to be impotent when its main members deprive it of the political will to protect a people subject to unlawful uses of force on a large scale. Finally, this means that the public can shriek and march all over the world, but that the killing will go on as if nothing is happening. The picture being painted day by day in Gaza is one that begs for renewed commitment to international law and the authority of the UN Charter, starting here in the United States, especially with a new leadership that promised its citizens change, including a less militarist approach to diplomatic leadership.
How Israel brought Gaza to the brink of humanitarian catastrophe Oxford professor of international relations Avi Shlaim served in the Israeli army and has never questioned the state's legitimacy. But its merciless assault on Gaza has led him to devastating conclusions
The only way to make sense of Israel's senseless war in Gaza is through understanding the historical context. Establishing the state of Israel in May 1948 involved a monumental injustice to the Palestinians. British officials bitterly resented American partisanship on behalf of the infant state. On 2 June 1948, Sir John Troutbeck wrote to the foreign secretary, Ernest Bevin, that the Americans were responsible for the creation of a gangster state headed by "an utterly unscrupulous set of leaders". I used to think that this judgment was too harsh but Israel's vicious assault on the people of Gaza, and the Bush administration's complicity in this assault, have reopened the question.
I write as someone who served loyally in the Israeli army in the mid-1960s and who has never questioned the legitimacy of the state of Israel within its pre-1967 borders. What I utterly reject is the Zionist colonial project beyond the Green Line. The Israeli occupation of the West Bank and the Gaza Strip in the aftermath of the June 1967 war had very little to do with security and everything to do with territorial expansionism. The aim was to establish Greater Israel through permanent political, economic and military control over the Palestinian territories. And the result has been one of the most prolonged and brutal military occupations of modern times.
Four decades of Israeli control did incalculable damage to the economy of the Gaza Strip. With a large population of 1948 refugees crammed into a tiny strip of land, with no infrastructure or natural resources, Gaza's prospects were never bright. Gaza, however, is not simply a case of economic under-development but a uniquely cruel case of deliberate de-development. To use the Biblical phrase, Israel turned the people of Gaza into the hewers of wood and the drawers of water, into a source of cheap labour and a captive market for Israeli goods. The development of local industry was actively impeded so as to make it impossible for the Palestinians to end their subordination to Israel and to establish the economic underpinnings essential for real political independence.
Gaza is a classic case of colonial exploitation in the post-colonial era. Jewish settlements in occupied territories are immoral, illegal and an insurmountable obstacle to peace. They are at once the instrument of exploitation and the symbol of the hated occupation. In Gaza, the Jewish settlers numbered only 8,000 in 2005 compared with 1.4 million local residents. Yet the settlers controlled 25% of the territory, 40% of the arable land and the lion's share of the scarce water resources. Cheek by jowl with these foreign intruders, the majority of the local population lived in abject poverty and unimaginable misery. Eighty per cent of them still subsist on less than $2 a day. The living conditions in the strip remain an affront to civilised values, a powerful precipitant to resistance and a fertile breeding ground for political extremism.
In August 2005 a Likud government headed by Ariel Sharon staged a unilateral Israeli pullout from Gaza, withdrawing all 8,000 settlers and destroying the houses and farms they had left behind. Hamas, the Islamic resistance movement, conducted an effective campaign to drive the Israelis out of Gaza. The withdrawal was a humiliation for the Israeli Defence Forces. To the world, Sharon presented the withdrawal from Gaza as a contribution to peace based on a two-state solution. But in the year after, another 12,000 Israelis settled on the West Bank, further reducing the scope for an independent Palestinian state. Land-grabbing and peace-making are simply incompatible. Israel had a choice and it chose land over peace.
The real purpose behind the move was to redraw unilaterally the borders of Greater Israel by incorporating the main settlement blocs on the West Bank to the state of Israel. Withdrawal from Gaza was thus not a prelude to a peace deal with the Palestinian Authority but a prelude to further Zionist expansion on the West Bank. It was a unilateral Israeli move undertaken in what was seen, mistakenly in my view, as an Israeli national interest. Anchored in a fundamental rejection of the Palestinian national identity, the withdrawal from Gaza was part of a long-term effort to deny the Palestinian people any independent political existence on their land.
Israel's settlers were withdrawn but Israeli soldiers continued to control all access to the Gaza Strip by land, sea and air. Gaza was converted overnight into an open-air prison. From this point on, the Israeli air force enjoyed unrestricted freedom to drop bombs, to make sonic booms by flying low and breaking the sound barrier, and to terrorise the hapless inhabitants of this prison.
Israel likes to portray itself as an island of democracy in a sea of authoritarianism. Yet Israel has never in its entire history done anything to promote democracy on the Arab side and has done a great deal to undermine it. Israel has a long history of secret collaboration with reactionary Arab regimes to suppress Palestinian nationalism. Despite all the handicaps, the Palestinian people succeeded in building the only genuine democracy in the Arab world with the possible exception of Lebanon. In January 2006, free and fair elections for the Legislative Council of the Palestinian Authority brought to power a Hamas-led government. Israel, however, refused to recognise the democratically elected government, claiming that Hamas is purely and simply a terrorist organisation.
America and the EU shamelessly joined Israel in ostracising and demonising the Hamas government and in trying to bring it down by withholding tax revenues and foreign aid. A surreal situation thus developed with a significant part of the international community imposing economic sanctions not against the occupier but against the occupied, not against the oppressor but against the oppressed.
As so often in the tragic history of Palestine, the victims were blamed for their own misfortunes. Israel's propaganda machine persistently purveyed the notion that the Palestinians are terrorists, that they reject coexistence with the Jewish state, that their nationalism is little more than antisemitism, that Hamas is just a bunch of religious fanatics and that Islam is incompatible with democracy. But the simple truth is that the Palestinian people are a normal people with normal aspirations. They are no better but they are no worse than any other national group. What they aspire to, above all, is a piece of land to call their own on which to live in freedom and dignity.
Like other radical movements, Hamas began to moderate its political programme following its rise to power. From the ideological rejectionism of its charter, it began to move towards pragmatic accommodation of a two-state solution. In March 2007, Hamas and Fatah formed a national unity government that was ready to negotiate a long-term ceasefire with Israel. Israel, however, refused to negotiate with a government that included Hamas.
It continued to play the old game of divide and rule between rival Palestinian factions. In the late 1980s, Israel had supported the nascent Hamas in order to weaken Fatah, the secular nationalist movement led by Yasser Arafat. Now Israel began to encourage the corrupt and pliant Fatah leaders to overthrow their religious political rivals and recapture power. Aggressive American neoconservatives participated in the sinister plot to instigate a Palestinian civil war. Their meddling was a major factor in the collapse of the national unity government and in driving Hamas to seize power in Gaza in June 2007 to pre-empt a Fatah coup.
The war unleashed by Israel on Gaza on 27 December was the culmination of a series of clashes and confrontations with the Hamas government. In a broader sense, however, it is a war between Israel and the Palestinian people, because the people had elected the party to power. The declared aim of the war is to weaken Hamas and to intensify the pressure until its leaders agree to a new ceasefire on Israel's terms. The undeclared aim is to ensure that the Palestinians in Gaza are seen by the world simply as a humanitarian problem and thus to derail their struggle for independence and statehood.
The timing of the war was determined by political expediency. A general election is scheduled for 10 February and, in the lead-up to the election, all the main contenders are looking for an opportunity to prove their toughness. The army top brass had been champing at the bit to deliver a crushing blow to Hamas in order to remove the stain left on their reputation by the failure of the war against Hezbollah in Lebanon in July 2006. Israel's cynical leaders could also count on apathy and impotence of the pro-western Arab regimes and on blind support from President Bush in the twilight of his term in the White House. Bush readily obliged by putting all the blame for the crisis on Hamas, vetoing proposals at the UN Security Council for an immediate ceasefire and issuing Israel with a free pass to mount a ground invasion of Gaza.
As always, mighty Israel claims to be the victim of Palestinian aggression but the sheer asymmetry of power between the two sides leaves little room for doubt as to who is the real victim. This is indeed a conflict between David and Goliath but the Biblical image has been inverted - a small and defenceless Palestinian David faces a heavily armed, merciless and overbearing Israeli Goliath. The resort to brute military force is accompanied, as always, by the shrill rhetoric of victimhood and a farrago of self-pity overlaid with self-righteousness. In Hebrew this is known as the syndrome of bokhim ve-yorim, "crying and shooting".
To be sure, Hamas is not an entirely innocent party in this conflict. Denied the fruit of its electoral victory and confronted with an unscrupulous adversary, it has resorted to the weapon of the weak - terror. Militants from Hamas and Islamic Jihad kept launching Qassam rocket attacks against Israeli settlements near the border with Gaza until Egypt brokered a six-month ceasefire last June. The damage caused by these primitive rockets is minimal but the psychological impact is immense, prompting the public to demand protection from its government. Under the circumstances, Israel had the right to act in self-defence but its response to the pinpricks of rocket attacks was totally disproportionate. The figures speak for themselves. In the three years after the withdrawal from Gaza, 11 Israelis were killed by rocket fire. On the other hand, in 2005-7 alone, the IDF killed 1,290 Palestinians in Gaza, including 222 children.
Whatever the numbers, killing civilians is wrong. This rule applies to Israel as much as it does to Hamas, but Israel's entire record is one of unbridled and unremitting brutality towards the inhabitants of Gaza. Israel also maintained the blockade of Gaza after the ceasefire came into force which, in the view of the Hamas leaders, amounted to a violation of the agreement. During the ceasefire, Israel prevented any exports from leaving the strip in clear violation of a 2005 accord, leading to a sharp drop in employment opportunities. Officially, 49.1% of the population is unemployed. At the same time, Israel restricted drastically the number of trucks carrying food, fuel, cooking-gas canisters, spare parts for water and sanitation plants, and medical supplies to Gaza. It is difficult to see how starving and freezing the civilians of Gaza could protect the people on the Israeli side of the border. But even if it did, it would still be immoral, a form of collective punishment that is strictly forbidden by international humanitarian law.
The brutality of Israel's soldiers is fully matched by the mendacity of its spokesmen. Eight months before launching the current war on Gaza, Israel established a National Information Directorate. The core messages of this directorate to the media are that Hamas broke the ceasefire agreements; that Israel's objective is the defence of its population; and that Israel's forces are taking the utmost care not to hurt innocent civilians. Israel's spin doctors have been remarkably successful in getting this message across. But, in essence, their propaganda is a pack of lies.
A wide gap separates the reality of Israel's actions from the rhetoric of its spokesmen. It was not Hamas but the IDF that broke the ceasefire. It di d so by a raid into Gaza on 4 November that killed six Hamas men. Israel's objective is not just the defence of its population but the eventual overthrow of the Hamas government in Gaza by turning the people against their rulers. And far from taking care to spare civilians, Israel is guilty of indiscriminate bombing and of a three-year-old blockade that has brought the inhabitants of Gaza, now 1.5 million, to the brink of a humanitarian catastrophe.
The Biblical injunction of an eye for an eye is savage enough. But Israel's insane offensive against Gaza seems to follow the logic of an eye for an eyelash. After eight days of bombing, with a death toll of more than 400 Palestinians and four Israelis, the gung-ho cabinet ordered a land invasion of Gaza the consequences of which are incalculable.
No amount of military escalation can buy Israel immunity from rocket attacks from the military wing of Hamas. Despite all the death and destruction that Israel has inflicted on them, they kept up their resistance and they kept firing their rockets. This is a movement that glorifies victimhood and martyrdom. There is simply no military solution to the conflict between the two communities. The problem with Israel's concept of security is that it denies even the most elementary security to the other community. The only way for Israel to achieve security is not through shooting but through talks with Hamas, which has repeatedly declared its readiness to negotiate a long-term ceasefire with the Jewish state within its pre-1967 borders for 20, 30, or even 50 years. Israel has rejected this offer for the same reason it spurned the Arab League peace plan of 2002, which is still on the table: it involves concessions and compromises.
This brief review of Israel's record over the past four decades makes it difficult to resist the conclusion that it has become a rogue state with "an utterly unscrupulous set of leaders". A rogue state habitually violates international law, possesses weapons of mass destruction and practises terrorism - the use of violence against civilians for political purposes. Israel fulfils all of these three criteria; the cap fits and it must wear it. Israel's real aim is not peaceful coexistence with its Palestinian neighbours but military domination. It keeps compounding the mistakes of the past with new and more disastrous ones. Politicians, like everyone else, are of course free to repeat the lies and mistakes of the past. But it is not mandatory to do so.
Avi Shlaim is a professor of international relations at the University of Oxford and the author of The Iron Wall: Israel and the Arab World and of Lion of Jordan: King Hussein's Life in War and Peace.
Israel broke the ceasefire because they didn't want to maintain it. Bush says that it was Hamas who broke the ceasefire. He's a liar and the Israeli government are cunts who broke the cesaefire and are now taking advantage of the time between Bush's removal and Obama's presidency to kill as many as possible.
These are the facts as I see it. If anyone can prove them wrong, feel free.
Statement of Special Rapporteur for the Palestinian Territories occupied since 1967 for presentaion to the Special Session of the Human Rights Council on the situation in the Gaza strip Source: United Nations Human Rights Council
1. This statement focuses on the impact of Israel's continuing Gaza military campaign, initiated on 27 December 2008, on the humanitarian situation confronting the 1.5 million Palestinians confined to the Gaza Strip. In accordance with the undertaking of the mandate, it confines its comments to issues associated with Israel's obligations as occupying power to respect international humanitarian law (IHL), which refers mainly to the legal obligations contained in the Fourth Geneva Convention of 1949, which sets forth in some detail the legal duties of Israel as the occupying power. The essential obligations of IHL are also considered to be binding legal duties embedded in customary international law. This statement touches on issues of international human rights law (IHR), as well as the implications of severe and sustained violations of either IHL or IHR as raising issues of international criminal law (ICL). It is also necessary to assess the underlying Israeli security claims that the military incursion into Gaza was a 'defensive' operation consistent with international law and the United Nations Charter, and that no 'humanitarian crisis' existed making the scale and nature of the military force used allegedly 'excessive' and 'disproportionate.'
2. Although Israel has contended that it is no longer an occupying power, due to its withdrawal of its forces from within Gaza, it is widely agreed by international law experts that the continued Israeli control of borders, air space, and territorial waters is of a character as to retain Israel status legally as occupying power.
3. The quality of this report is undoubtedly diminished by the absence of first-hand observations of the pre-existing humanitarian situation existing in Gaza, which was to be the objective of a mission undertaken by the Special Rapporteur to gather information for use in making a report to the regular session of the Human Rights Council (HRC) scheduled for March, 2009. This mission was aborted when the Special Rapporteur was denied entry to Israel on 14 December 2008, detained for some 15 hours in a holding cell at Ben Gurion Airport, and expelled on the next day. Such treatment of a UN expert on mission would seem to raise serious issues for the Organization as a whole, bearing on the duties of a member state to cooperate, and to deal with those carrying out UN work with appropriate dignity. It is to be hoped that the government of Israel can be persuaded to reconsider its policy of exclusion that has hampered the work of this mandate. This concern about exclusion has been compounded during the period preceding the Israeli attack upon Gaza, as well during the military operations, by denying access to foreign journalists, a policy that has been successfully challenged in Israeli courts, but as yet with no tangible results. As noted in the New York Times, Israel denies media representatives access to the humanitarian impacts of its military operations in Gaza while encouraging journalists to view any harmful effects of the rocket attacks on civilians in Israel. Even requests by the International Committee of the Red Cross to investigate scenes of supposed humanitarian abuse have so far been refused, e.g. to visit the site of military action in the Gazan town of Zeitan that reportedly killed by deliberate action 60 members of the Samouni family, including several children. This issue of access is crucial for the work of Special Rapporteurs and deserves the attention of the HRC, and of the United Nations generally.
4. The rationale for this Special Session is the existence of a humanitarian emergency in Gaza, a set of conditions that has been questioned in many public settings by the Israeli foreign minister, Tzipi Livni. Ms. Livni contends there is no need for a 'humanitarian truce' because there is no humanitarian crisis. She asserts that Israel has allowed shipments of food and medicine to cross the border, but as UNRWA and other UN officials have observed, these shipments will not alleviate hunger and nutritional difficulties unless distribution becomes possible, which is not the case given the war conditions prevailing in most of the Gaza Strip. To what slight extent this dire circumstance can be addressed by the three hour pause in combat operations announced by Israel on 7 January remains to be seen. Beyond the immediate crisis some underlying features should be noted: about 75% of the population lacks access to sanitary water and has no electric power. Such conditions are superimposed on the circumstances of Gazans resulting from the prolonged blockade that had deteriorated the physical and mental health, and the nutritional status, of the population of Gaza as a whole, leaving some 45% of children suffering from acute anemia. Interference in the supply of medicines and health equipment, and border closures, had made it impossible for many Gazans to receive or continue treatment for life-threatening conditions. It was also reliably concluded that up to 80% of Gaza was living under the poverty line, that unemployment totals approached 75%, and that the health system was near collapse from the effects of the blockade. This set of conditions certainly led impartial international observers and civil servants to an uncontested conclusion that the population of Gaza was already experiencing a humanitarian crisis of grave magnitude prior to 27 December.
5. The use of force by an occupying power against the security threats emanating from a population under occupation is permissible within the constraints set by international law. Israel claims that its current military campaign is reasonable and necessary given the scale and severity of the rocket attacks directed at Israeli civilian populations living in the South Israel towns of Sderot and Ashdod, and attributed to Hamas. There are several issues that would need to be resolved in evaluating this claim that have not been adequately discussed to date in either diplomatic settings or by the media.
6. It should be pointed out unambiguously that there is no legal (or moral) justification for firing rockets at civilian targets, and that such behavior is a violation of IHR, associated with the right to life, as well as constitutes a war crime. At the same time, the nature of the offense must be evaluated with the context of its occurrence, including the relevance of the temporary ceasefire that had held since June 2008 until seriously disrupted by a lethal Israeli attack on Palestinian militants in Gaza on 4 November 2008. For the year prior to 27 December, not a single Israeli death resulted from rockets fired from Gaza. Further, since June of 2008 a ceasefire had been observed by both sides, with some infractions taking place, but without altering the willingness of both sides to uphold the ceasefire. During this period Israel had been expected to lift, or at least ease the blockade that had imposed severe hardships on the entire population of Gaza, especially through restraints on the supply of food, medicine and medical equipment, and fuel, but failed to do so. The acute harm done to civilian Gaza has been repeatedly pointed out by leading UN officials on the ground, including the commissioner-general of the UN Relief and Works Agency (UNRWA) that is most directly engaged with the daunting task of meeting the humanitarian needs of Gazans.
7. This blockade in effect for a period of 18 months was unlawful, a massive form of collective punishment, and as such in violation of Article 33 of the Fourth Geneva Convention, and also a violation of Article 55, which requires that the occupying power ensure that the civilian population has sufficient food and that its health needs are addressed. Such blockade does not alter the unjustifiable character of the rocket attacks, but it does suggest two important conclusions from a legal perspective: first, that the scale of civilian harm resulting from Israeli unlawful conduct was far greater than that of Palestinian unlawful conduct; secondly, that any effort to produce a sustainable ceasefire should ensure that Israel as well as Hamas respect IHL, which most concretely means that interferences with the access of goods for the maintenance of normal civilian life must end, and cannot be reestablished as a retaliatory measure if some sort of rocket attack occurs in the future. Similarly, if Israel should impose such constraints in the future, it would not provide any legal cover for resumed rocket attacks or other forms of Palestinian violence directed at Israeli civilians. There are some difficulties in attributing responsibility for all rocket attacks to Hamas. There are independent militias operating in Gaza, and even prior to Hamas, governing authorities were unable to prevent all rocket firings despite their best efforts to do so.
8. The Israeli military campaign was also justified by Israeli leaders as an 'inevitable' and 'unavoidable' response to the persistence of the rocket attacks. Here again it is important to examine the factual setting of Israel's justifications, which go to the reasonableness of such action and its defensive character. Most accounts of the temporary ceasefire indicate that it was a major Israeli use of lethal force on November 4, 2008 that brought the ceasefire to a de facto end, leading directly to increased frequency of rocket fire from Gaza. It is also relevant that Hamas repeatedly offered to extend the ceasefire, even up to ten years, provided that Israel would lift the blockade. These diplomatic possibilities were, as far as can be assessed, not explored by Israel, although admittedly complicated by the contested legal status of Hamas as the de facto representative of the Gazan population. This has legal relevance, as a cardinal principle of the UN Charter is to make recourse to force a matter of last resort, making it obligatory for Israel to rely in good faith on nonviolent means to end rocket attacks.
9. It is also important under international law to determine the extent to which the reliance on force is proportionate to the provocation and necessary for safeguarding security. Here, too, the Israeli arguments seem unpersuasive. As mentioned above, the rocket attacks, although unlawful and potentially dangerous, had caused little damage, and no loss of life. To mount a major military campaign against an essentially defenseless society already gravely weakened by the blockade accentuates the disproportion of reliance on modern weaponry in combat situations where military dominance was largely uncontested.
It seems significant that Palestinian casualty totals at this time are estimated to be 640 killed, some 2800 wounded, included many critically, with civilian victims set at about 25% by qualified observers. In contrast, according to the latest reports, four Israeli soldiers have died, apparently all as a result of 'friendly fire,' that is by Israeli firepower wrongly directed. The one-sidedness of casualty figures is one measure of disproportion. Another is the scale of devastation and the magnitude of the attacks. It is obvious that the destruction of police facilities, as well as many public buildings, in crowded urban settings represents an excessive use of force even if Israeli allegations are accepted at face value. As discrediting as is the reliance on disproportionate force, is the lack of connection between the alleged threat associated with Gaza rockets and the targets of the Israeli attacks, giving added weight to the claims that the Israeli use of force is a form of 'aggression' prohibited by international law, and certainly excessive in relation to criteria of 'proportionality' and 'necessity.'
10. There have also been a variety of allegations made by qualified observers of Israeli reliance on legally unacceptable targets and on legally dubious weaponry that violate the customary international law prohibition on weapons and tactics that are 'cruel' or cause 'unnecessary suffering.' Among the targets viewed as unlawful under IHL: Islamic University, schools, mosques, medical facilities and personnel (including ambulances). Among weapons that are legally dubious under IHL: phosphorous gas in shells and missiles that burn flesh to the bone; dense insert metal explosives (so-called DIME) that cut victims to pieces, and raise risk of cancer for survivors; depleted uranium associated with deep-penetrating, so–called 'bunker buster' bombs used against Gaza tunnels, possibly causing radiation sickness for anyone exposed over a period of centuries.
11. This dimension of 'unnecessary suffering' associated with the Israeli campaign has an important feature that has not been given attention. In many contemporary situations of warfare large number of civilians seek to escape from harm by moving away from immediate danger, becoming 'internally displaced persons' or 'refugees.' But Israel through its rigid control of exit, directly and indirectly, has denied the civilian population of Gaza the option of becoming 'refugees,' never an option of choice, but reflective of desperation. Its denial tends to lend credibility that the population of Gaza is essentially imprisoned by Israeli occupation policy. From the perspective of IHL this foreclosure of a refugee option for Gazans is a serious aggravation of the dangers posed for a civilian population, and underscores the gravity of the humanitarian crisis that has existed in Gaza since 27 December. Since the military campaign this situation has dramatically worsened. The comment by a Red Cross spokesperson in Gaza City is expressive of the general understanding: "The size of the operations and the size of the misery on the ground is just overwhelming…"
12. From the perspective of the Mandate for oPt the following recommendations seem worthy of the attention at this Special Session:
(1) To request restoring access for Special Rapporteur to the occupied Palestinian territories as an essential feature of UN monitoring role;
(2) To seek General Assembly initiatives with respect to investigating allegations of war crimes;
(3) To propose long-term truce based on cessation of rocket launchings from Gaza and unconditional lifting of blockade;
(4) To request an Advisory Opinion from the International Court of Justice to assess the legal status of Israeli control in Gaza subsequent to Israeli 'disengagement' in 2005.
4. An analysis of the situation on the ground indicates two distinct periods:
i) A period of relative quiet between June 19 and November 4 : As of June 19, there was a marked reduction in the extent of attacks on the western Negev population. The lull was sporadically violated by rocket and mortar shell fire, carried out by rogue terrorist organizations, in some instance in defiance of Hamas (especially by Fatah and Al-Qaeda supporters). Hamas was careful to maintain the ceasefire. The IDF refrained from undertaking counterterrorism activities in the Gaza Strip, taking only routine defensive security measures along the border fence. Between June 19 and November 4, 20 rockets (three of which fell inside the Gaza Strip) and 18 mortar shells (five of which fell inside the Gaza Strip) were fired at Israel .
whats interesting is the media is always portraying fatah as the group the west should deal with, and yet;
16. Networks belonging to Fatah/Al-Aqsa Martyrs Brigades were the most prominent and central in violating the lull arrangement. Their motivation was the desire to show themselves as the standard bearers of the “resistance” (i.e., terrorism) and to send a message of defiance to Hamas, their rivals, even though Fatah in Judea and Samaria renounced the attacks.5 In certain instances the Palestinian Islamic Jihad or other organizations fired rockets. In most instances they did not publicly claim responsibility. Such attacks were motivated by deep internal Palestinian rivalries, especially between Fatah and Hamas, and not responses to “violations” on the part of Israel.
17. During the first period Hamas was careful to maintain the ceasefire and its operatives were not involved in rocket attacks. At the same time, the movement tried to enforce the terms of the arrangement on the other terrorist organizations and to prevent them from violating it. Hamas took a number of steps against networks which violated the arrangement, but in a limited fashion and contenting itself with short-term detentions and confiscating weapons. For example, a number of times Hamas’s security services detained Fatah/Al-Aqsa Martyrs Brigades operatives, including Abu Qusai, an Al-Aqsa Martyrs Brigades spokesman, who claimed responsibility for rocket fire (June 29). Detained operatives were released after a short interrogation and no real measures were taken against them. However, it was clear that throughout the first period Hamas sought to avoid direct confrontations with the rogue organizations (especially the PIJ) insofar as was possible, lest it be accused of collaborating with Israel and harming the “resistance.” Hamas therefore focused on using politics to convince the organizations to maintain the lull arrangement and on seeking support for it within Gazan public opinion (including issuing statements by its activists regarding the lull’s achievements).
The president of the UN General Assembly has condemned Israel's killings of Palestinians in its Gaza offensive as "genocide".
Miguel d'Escoto Brockmann said he had never believed that the UN Security Council would be able to stop the violence in Gaza and that Ehud Olmert, the Israeli prime minister, had practically told the UN to "mind their own business" by continuing the offensive.
"The number of victims in Gaza is increasing by the day... The situation is untenable. It's genocide," d'Escoto said at the UN in New York.
About 970 Palestinians have been killed and 4,300 injured since Israel began its Gaza offensive on December 27, which it says is to stop Palestinian fighters attacking Israel with rockets.
Emergency session
The UN General Assembly said on Tuesday that it was set to hold an emergency session on Thursday to discuss the crisis after a previous session was postponed last week ahead of a UN Security Council vote on the issue.
The Security Council adopted a resolution calling for a ceasefire in Gaza, but Israel has escalated its offensive and Palestinian rocket fire has also continued.
"There have been some who were under the illusion that the Security Council would do something that could help the situation," d'Escoto said. "I never thought so.
"Now we're faced with not only with a lack of compliance but with a prime minister of Israel who has practically responded to the Security Council by saying 'mind your own business'.
"It's unbelievable that a country that owes its existence to a general assembly resolution could be so disdainful of the resolutions that emanate from the UN."
D'Escoto, a former Roman Catholic priest and Nicaragua foreign minister, is known for his outspoken criticism of Israel and last year likened Israel's treatment of the Palestinians to the racist apartheid system previously used in South Africa.
D'Escoto also said the UN had to bear some responsibility for the long-standing conflict in the Middle East as it had allowed the creation of the state of Israel in 1948, leaving the Palestinians stateless.
"You have to attack problems at their root cause and the Palestinian people have been subjected to subhuman treatment for decades and this [the Israeli offensive] is going to make matters worse."
Ban visit
Ban Ki-moon, the UN secretary-general, is travelling to the Middle East to press for an immediate ceasefire in Gaza.
Ban will first visit Cairo, where he will meet Hosni Mubarak, the Egyptian president, for talks on a joint French-Egyptian ceasefire initiative.
He then heads to Jordan, Israel, the Palestinian Authority-controlled West Bank, Turkey, Lebanon, Syria and Kuwait where he said an Arab League economic summit will also hold talks on Gaza.
Officials said he would not visit Gaza because of the ongoing conflict.
I really didn't think they'd go so far as to call it a genocide - but that says it all now. If there's still a single person out there who supports this attack by Israel, you are now a supporter of genocide, well done you.
I've been directly avoiding using the term because it didn't seem as severe as that, but I'm not going to argue with the UN.
i thought some might find the following useful, for anyone who might not fully understand or follow the israel/palestine conflict in any great depth, or is just a bit baffled by the media coverage.
in this country there have been studies of what people thought of the conflict from the media, and some had got the conflict back to front and thought the palestinians were occupying israel!
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