Gaza Defiant

February 18, 2010 by · Leave a Comment 

By Geoffrey Cook, MMNS

Sacramento–Several weeks ago I reported on (former) Congresswoman Cynthia McKinney’s rousing description, which she delivered here at the Salim Center in California’s capital city, on how she successfully — after two previous attempts – “ran” the Israeli blockade into Gaza.  Equally, as inspiring was the Senior Lecturer from the University of California, the Palestinian-American firebrand Hatem Bazian, on the history of the struggle and the aftermath now a year later on the smaller Palestinian country sandwiched between (West) Jerusalem and Cairo.

Just today as your reporter writes it is being relayed that Israel and the Palestinian Authority (PA) had submitted their rejoinder to the U.N. (United Nations’) Report of “alleged” atrocities.  The Hamas government in Gaza City itself said it did not commit any War crimes because of the overriding preponderance of their casualties (over 1400 and a decimated infrastructure) in comparison which attested to the violation of the International Law of Proportionality governing the conduct of Warfare; therefore, they have not submitted their justification defense for their self-defense.

With such a morbidity rate it is clear that Tel Aviv meant to kill and maim innocent civilian lives.  Any rockets that the Arabs shot up were infused into the battlefield as a feeble attempt at self-defense, and not to destroy human life (which, in fact, rarely hit Jewish citizens).

The lead author of the 575-page Report of the United Nations’ Fact-Finding Mission on the Gaza Conflict, Judge Richard Goldstone — who gained fame for his fairness and courage as a Constitutional Judge in his native South Africa helping to end Apartheid and to set up the Truth and Reconciliation Commission during Nelson Mandela’s Presidency in the multi-racial government of his native South Africa, and, of recent — in this his later career — he has served in executive judicial capacities on several of the more high-profile War Crime International Tribunals, and his latest service, on the circumstances of Gaza of which Report is commonly referred to under his name, the Judge stated the root of the violence in Gaza “…is [the Israeli] occupation.” 

Mr. Bazian illustrated the extent of occupation in his talk:  U.N. Resolution 242 (November 22, 1967) instructed Israel to withdraw from the territory they had gained in the 1967 War.  The infamous Jewish Settlements in the (Israeli) Occupied (Palestinian) Territories are immensely illegal under International Law, but they have only increased since the Oslo Accords (of 1993) which agreement was meant to end the Hebrew expansion into Arab land.  In fact, Settler Colonialism has expanded their presence on Palestinian soil since then.  Palestinian borders and the sea lanes are controlled by the Hebrews.  The citizens of Gaza are in a penitentiary!   Further, the Israel Defense Force (IDF) claims the right of “hot pursuit” under their interpretations of its necessity.  (That is, they claim an extra-legal prerogative in the determination for its implementation.)

(George W.) Bush demanded the 2006 elections which Hamas won evenhandedly according to the international observers – including (former U.S.) President Jimmy Carter!

The culpability and corruption of Fatah, the Palestinian-controlled party in the West Bank cannot be denied either.  Egypt would not sell the occupation Army cement, but Ramallah smoothed it over, and the Apartheid walls have resulted; stealing the Palestinian natural resources and driving the indigenous Arabs — mainly Islamic but, also, Christian – from their lands. 

Palestine is not permitted to have an abiding militia but merely a police force.  Also, irregular guerillas operated outside International approbation protect and resist the oppressors.  On the other hand, the Hebrew forces are the fifth largest in the world with a nuclear arsenal to match.

While Washington has gifted Tel Aviv our most sophisticated weaponry, the homespun Qassam rockets possessed by the Palestinians are most primitive.  The military balance is ridiculous!  Yet, “We are blamed for [our] resistance!”

The fact is that Israel broke the ceasefire (as your correspondent has documented previously on these pages).  “We [Americans] have to change our frame of reference!”  The Jewish State is a criminal in the context of global edicts.  According to Dr. Bazian, irregular soldiers are not considered in the same framework under International norms.  (This is a debatable legal point, and that is why Goldstone accused the Gazan Administration of War criminality which, in turn, their officials denied based on the proportionality employed against them.)  “The IDF didn’t make distinctions between combatant and non-combatant.”  Thus, under conflict directive the counterattack can only be relative to the primary aggression, (and this absolved the Gazan Palestinian Arabs, for their counter-offensive upon Sderot and Ashkelon for Israel violated the Law of Proportionality against the citizenship on the Strip). 

Succinctly, Hamas and the Gazan people they represented did not constitute a security threat at all.  The Hebrew government assaulted this miniscule State because they did not wish an Islamist-dominated country on their Southern border, and, again, in Hatem’s view, the Jewish Labor Party-led government had to make up face for their very real lose to Hezbollah in 2006 north in the Galilee.

A majority of military observers agree that the Gazan War was a defeat for the Israeli Defense Forces; for they failed to create the “regime change” they had hoped to do because the native stakeholders in this ancient land of the Philistines did not rise up against their democratically elected representatives. 

We as a nation have to take responsibility for our part in the carnage!  

Now, 92% of the surviving children are suffering post-traumatic stress syndrome.  The medical infrastructure has further, been destroyed! 

Up on the West Bank, the Hebrew State has set up 462 checkpoints.   

As Americans, we must see that all Israel’s weaponry came with the stamp of “Made in America.” 

While back in Gaza itself; there is 44% unemployment a 96% of the foreign consulates that were there have had to close.  External aid that has already been pledged has been denied delivery by the blockade enforced by Israel and Egypt.

The Goldstone Report conservatively attests to War and, possibly, Crimes against Humanity instigated by the Israeli Army.  It has been referred to the General Assembly for further discussion and hopefully action.  

There will be an educational Conference on Palestine in San Anselmo (Calif.) in Marin County just north of San Francisco on March 5th-6th at the First Presbyterian Church there (415) 456-3713 where Dr. Hatem Bazian is scheduled to give one of the workshops.  Also, there will be two Conferences in Honolulu and Seattle this month.  Information on those gatherings can be gathered directly from Sabeel North America at (503) 653-6625.

Professor Bazian concluded his Sacramento speech by exclaiming “Palestine wants to be free… [America] needs to speak out!”

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UN: Make Israel War Crime Trial

September 24, 2009 by · Leave a Comment 

By Donald Macintyre in Jerusalem

Report also censures Hamas but accuses Israelis of punishing entire population of the Palestinian Strip

Israel targeted “the people of Gaza as a whole” in the three-week military operation which is estimated to have killed more than 1,300 Palestinians at the beginning of this year, according to a UN-commissioned report published yesterday.

A UN fact-finding mission led by the South African judge Richard Goldstone said Israel should face prosecution by the International Criminal Court unless it opened independent investigations of what the report said were repeated violations of international law, “possible war crimes and crimes against humanity” during the operation.

Using by far the strongest language of any of the numerous reports criticizing Operation Cast Lead, the UN mission, which interviewed victims, witnesses and others in Gaza and Geneva this summer, says that, while Israel had portrayed the war as self-defense in response to Hamas rocket attacks, it “considers the plan to have been directed, at least in part, at a different target: the people of Gaza as a whole.

“In this respect the operations were in furtherance of an overall policy aimed at punishing the Gaza population for its resilience and for its apparent support for Hamas, and possibly with the intent of forcing a change in such support,” the report said.

The 575-page document presented to yesterday’s session of the UN Human Rights Council in Geneva was swiftly denounced by Israel. The foreign ministry spokesman Yigal Palmor said the UN mission had “dealt a huge blow to governments seeking to defend their citizens from terror”, and that its conclusions were “so disconnected with realities on the ground that one cannot but wonder on which planet was the Gaza Strip they visited”.

The Gaza war began on 27 December 2008 and ended on 18 January 2009.

The UN report found that the statements of military and political leaders in Israel before and during the operation indicated that they intended the use of “disproportionate force”, aimed not only at the enemy but also at the “supporting infrastructure”. The mission adds: “In practice this appears to have meant the civilian population.”

The mission also had harsh conclusions about Hamas and other armed groups, acknowledging that rocket and mortar attacks have caused terror in southern Israel, and saying that, where such attacks were launched into civilians areas, they would “constitute war crimes” and “may amount to crimes against humanity”.

It also condemned the extrajudicial killings, detention and ill-treatment of Palestinian detainees by the Hamas regime in Gaza – as well as by the Palestinian Authority in the West Bank – and called for the release on humanitarian grounds of Gilad Shalit, the Israeli corporal abducted by Gaza militants in June 2006.

While the Israeli government refused to co-operate with the inquiry – or allow the UN team into Israel – on the ground that the team would be”one-sided”, Corporal Shalit’s father, Noam, was among those Israeli citizens who flew to Geneva to give evidence.

That said, the greater part of the report – and its strongest language – is reserved for Israel’s conduct during the operation. Apart from the unprecedented death toll, the report says that “the destruction of food supply installations, water sanitation systems, concrete factories and residential houses was the result of a systematic policy by the Israeli armed forces”. The purpose was not to avert a military threat, but “to make the daily process of living and dignified living more difficult for the civilian population”.

The report also says that vandalism of houses by some soldiers and “the graffiti on the walls, the obscenities and often racist slogans constituted an overall image of humiliation and dehumanization of the Palestinian population”.

Amid a detailed examination of most of the major incidents of the war – albeit one carried out five months after it took place – it says that:

* The first bombing attack on Day One of the operation, when children were going home from school, “appears to have been calculated to cause the greatest disruption and widespread panic”.

* The firing of white phosphorus shells at the UN Relief and Works Agency compound was “compounded by reckless regard of the consequences”, and the use of high explosive artillery at the al-Quds hospitals were violations of Articles 18 and 19 of the Geneva Convention. It says that warnings issued by Israel to the civilian population “cannot be considered as sufficiently effective” under the convention.

* On the attack in the vicinity of the al-Fakhoura school where at least 35 Palestinians were killed, Israeli forces launched an attack where a “reasonable commander” would have considered military advantage was outweighed by the risk to civilian life. Under Article 6 of the International Covenant on Civil and Political Rights (ICCPR), the civilians had their right to life forfeited. And while some of the 99 policemen killed in incidents surveyed by the team may have been members of armed groups, others who were not also had their right to life violated.

* The inquiry team also says that a number of Palestinians were used as human shields – itself a violation of the ICCPR – including Majdi Abed Rabbo, whose complaints about being so used were first aired in The Independent. The report asserts that the use of human shields constitutes a “war crime under the Rome statute of the International Criminal Court”.

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