Category Archives: Hamas

Israeli/Palestinian Conflict 2005 – 2017

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A well-informed friend (neither Palestinian nor Israeli) recently prepared this timeline of key events during the past 12 years with a particular focus on Gaza. He wishes to remain anonymous at this time, but I am very grateful for his time and effort in pulling this timeline together.  Its value is not only the timeline’s comprehensive treatment but also its impartiality.

2005

 

Government of Israel (GOI) starts implementation of the so-called “Disengagement Plan”, which consists of the voluntary and unilateral withdrawal from all military bases and soldiers from the Gaza Strip, as well as the dismantling of the 21 Jewish settlements located within the Strip, being Gush Katif the largest of all. The “Disengagement Plan” had been designed by the Prime Minister at the time, Ariel Sharon.

 

GOI finishes the implementation of the “Disengagement Plan” successfully. Although facing some resistance from the young and more radical Jewish settlers there was no armed violence at all (unlike when Israel dismantled the settlement of Yamit in the Sinai Peninsula in compliance with the Camp David Accords from 1978). From there on, there has been no permanent Israeli presence or jurisdiction in Gaza. However, Israel retained control of certain elements, such as airspace, sea and borders, leading to an ongoing dispute as to whether Gaza is still “occupied territory” or not.

 

US Secretary of State Condolezza Rice visits Israel for the celebrations of the 10th anniversary of the assassination of Israeli Prime Minister Itzaak Rabin and mediates the “Agreement on Movement and Access” to facilitate the reopening of the Rafah Crossing (that connects the Strip to Egypt, and from there to the rest of the world) under the management of the Palestinian National Authority (PNA) and the supervision of European border monitors. Rafah Crossing is reopened and becomes the first border crossing ever managed by the Palestinians (before they were in the hands of the Ottoman Empire, British Mandate, Egypt and Israel).

 

2006

 

The Islamic Resistance Movement Hamas (which is registered in the list of terrorist organizations of both the United States and the EU) unexpectedly wins a clear majority in the elections to the Palestinian Legislative Council (Parliament), after Fatah can’t politically sell the “Disengagement” as its own achievement through negotiations due to its unilateral character. The PNA´s bilateral relations with Israel deteriorate a lot, even though its President Mahmoud Abbas, remains a member of the secular party Fatah.

 

Following a Gaza beach blast, in which seven members of the same family were killed, the armed wing of Hamas called off its 16-month-old truce. Although GOI claimed its Army was shelling 250 mts away from the family’s location; Palestinians claimed that the explosion was Israeli responsibility. An Israeli internal investigation report claimed the blast was most likely caused by an unexploded munition buried in the sand and not by shelling. This investigation was criticized by human rights organizations.

 

After crossing the border the Gaza Strip into Israel in the South, the Palestinian “popular Resistance Committees” attacked an Israeli Army post, killing 2 soldiers, injuring 4 and capturing Corporal Gilad Shalit. GOI orders the Army to launch military operation “Summer Rains”. The kidnapping of Shalit leads to several collective punishment measures against the Strip, among them the reduction of the fishing space and the regular closure of the Rafah Crossing. This is considered to be the first stage of the blockade of the Strip.

 

Second Lebanon War starts after Shiite militia Hezbollah members infiltrated Israel in a cross-border raid, captured two soldiers and killed three others. Israel attempted to rescue the captured, and five more soldiers were killed. Israeli Army responded, attacking Lebanon from earth, air and sea. The conflict resulted in the deaths of 1,191 Lebanese people and 165 Israelis. Simultaneously, the Army launched a counter-offensive to deprive cover to militants firing rockets into from Gaza, killing 23 Palestinians.

 

A UN study declared the humanitarian situation in the Gaza Strip “intolerable”, with 75% of the population dependent on food aid, and an estimated 80% of the population living below the poverty line. The Palestinian economy had largely relied on Western aid and revenues, which had been frozen since Hamas’s victory in the legislative elections.

 

Brokered by Egyptian mediators, Fatah reached a deal to end fighting between the Hamas and Fatah factions, both groups agreeing to refrain from acts that raise tensions and committing themselves to dialogue to resolve differences. Prime Minister Ismail Haniyeh of Hamas brushed off comments by President Mahmoud Abbas, head of Fatah, who indicated he could dismiss the Hamas-led cabinet. Abbas unsuccessfully urged Hamas to accept international calls to renounce violence and recognize Israel’s right to exist.

 

2007

 

Fatah-Hamas negotiations in Mecca (Saudi Arabia) produced an agreement on a Palestinian national unity government.

 

After the increasing of intra-governmental tensions within the PNA Hamas launches an strike against Fatah loyalists in Gaza, taking control of all the Strip within a few days of intense fighting. Since then the West Bank and the Gaza Strip have remained fragmented, both geographically and politically.

 

US Administration under George W. Bush promoted the Annapolis Conference, a peace conference marked the first time a two-State solution was articulated as the mutually agreed-upon outline for addressing the conflict. The conference ended with the issuing of a joint statement from all parties.

 

2008

 

Israeli Army launches Operation “Hot Winter” in response to rockets fired from the Gaza Strip into Israel. The operation resulted in 112 Palestinians and three Israelis being killed.

 

Israeli Army raids the Gaza Strip without a clear and direct reason for it, killing six members of Hamas. Hamas cancels the truce agreement that it had respected most of time. The armed wing of Hamas responds with rocket attacks on southern Israel.

 

Israeli Army launches Operation “Cast Lead”, a full-scale invasion of the Gaza Strip.

 

2009

 

Operation “Cast Lead” continues until January 18. After 22 days of fighting, Israel and Hamas each declared separate unilateral ceasefires. Casualties of the so-called “first Gaza War” are disputed. According to Hamas, they included as many as 1,417 Palestinians including as many as 926 civilians. According to Israeli Army, 1,166 Palestinians were killed, and 295 were non-combatants. “Cast Lead” is criticized by the Goldstone Report under the auspices of the UN.

 

Although Kadima wins the legislative elections its candidate for Prime Minister, Tzipi Livni, doesn´t get enough support in the Knesset (Israeli Parliament) and the candidate of the Likud party Benjamion Netanyahu is appointed as new Prime Minister.

 

2010

 

Turkish and international activists of the “Freedom Flotilla” try to break Israel’s naval blockade of Hamas-controlled Gaza, but were intercepted by the Israeli Army. When the Israeli naval commandos boarded the main ship (Mavi Marmara) the activists attacked them with knives and metal rods. 9 Turkish activists are shot dead after a quite negligent crisis management by GOI.

 

U.S. launches direct negotiations between GOI and PNA in Washington D.C.

 

GOI decides not to extend the construction moratorium in the settlements of the West Bank that had been agreed by the Obama Administration as a confidence-building measure with the PNA. A second round of Middle East peace talks between GPI and PNA takes place in Sharm el-Sheikh (Egypt).

 

2011

 

Two young Palestinians with no previous security offenses infiltrate the settlement of Itamar and murder five members of the same family in their beds. This incident creates a lot of mistrust on the Israeli public opinion about re-launching the Peace Process.

 

Egyptian and Palestinian militants perpetrate a cross-border attack in southern Israel and killed 8 Israelis, 2 soldiers and 6 civilians. 40 injured. 5 Egyptian soldiers are also killed. This incident becomes an example of the militarization process and chaos in the Sinai Peninsula during the “Arab spring” taking place in Egypt.

 

Palestine applies to the UN General Assembly for recognition of Palestine statehood, calling it a “Palestine Spring”.

 

Hamas liberates soldier Gilad Shalit in exchange for the liberation of 1.000 Palestinian prisoners (with very diverse backgrounds) by Israel.

 

Palestine wins membership in UNESCO while UN vote on statehood is put on hold. In the Security Council, Palestine gets no support from France and UK while US threatens to veto it.

 

2012

 

Gaza militants launch over 300 rockets and mortar shells into southern Israel, wounding 23 civilians. Israeli Army retaliates with air strikes on Gaza targets, killing 22 militants and 4 civilians.

 

Israeli Army lunches Operation “Pillar of Defense” after perpetrating a “targeted killing” against Hamas´ armed wing head, Ahmed Jabari. Gaza officials said 133 Palestinians had been killed in the conflict of whom 79 were militants, 53 civilians and 1 policeman. Around 840 Palestinians are wounded. Hamas fires over 1,000 rockets at southern Israel, killing 6.

 

UN General Assembly upgrades Palestine to “non-member observer State” status in the United Nations, was adopted by the 67th session of the UNGA, coinciding with the celebration of the International Day of Solidarity with the Palestinians People. Vote: For: 138; Abs.: 41 Against: 9.

 

In response to the UN approving the Palestinian UN bid for non-member observer state status, GOI announces the approval of building of housing units in the E1 Area that connects Jerusalem and Israel settlement of Ma’aleh Adumim, while effectively cutting the West Bank in two pieces.

 

2013

 

Likud party wins the legislative elections in coalition with Israel Beitenu and Benjamin Netanyahu is re-elected as Prime Minister.

 

2014

 

Three Israeli youngsters are kidnapped and assassinated while hitchhiking home from their religious schools in settlements on the West Bank. GOI blames the assassination on Hamas, and claims it was ordered by one of its leaders in exile, Salah Al Arouri, who lives in Turkey.

 

Israeli Army rounds up more than 150 Palestinians, including Parliament speaker Abdel Aziz Dweik and several members of the Palestinian Legislative Council (who are supposed to enjoy Parliamentary immunity).

 

Israel Air Force launches dozens of air strikes across the Gaza Strip overnight, just hours after the bodies of three abducted Israeli teenagers were found in a shallow grave near the southern West Bank city of Hebron. Following the discovery of the bodies, Netanyahu issues a statement once again blaming Hamas. Hamas denies involvement.

 

In retaliation to the abduction of the 3 Israeli teenagers, 16-year-old Mohammed Abu Khdeir is grabbed off the street after leaving his home in Jerusalem’s Arab neighborhood of Shuafat, is beaten up and burnt alive, provoking a wave of riots in East Jerusalem.

 

Israeli Army launches Operation “Protective Edge” against the Gaza Strip. More than 2,200 Gazans are killed and 10,000 injured –from them around 70% civilians according to the UN– after almost two months of shelling from earth, air and sea. 73 Israelis get killed, from them 66 soldiers and 7 civilians. This “third Gaza war” becomes the most lethal and destructive of all military operations launched by the Israeli Army against the Gaza Strip.

 

The international community, under the auspices of Egypt and Norway, celebrates a donor Conference for Reconstruction of the Gaza Strip. The PNA presents its National Early Recovery and Reconstruction Plan, for which so far has not even 50% of the funding that was pledged by the donors at the Cairo Conference from 12 October 2014.

 

2015

 

Likud Party wins the early elections and Benjamin Netanyahu gets reelected as Prime Minister for his third term in a row and fourth term altogether (at the end of his current mandate he will become Israel´s longest serving head of Government). The ruling coalition becomes Israel´s most right-wing Government ever.

 

All UN agencies release a joint report under the name of “Gaza 2020” stating that if current trends remain (population growth, lack of drinking water, lack of natural resources, energy restrictions, etc.) the Gaza Strip will be uninhabitable by 2020.

 

The recurrent provocations by right-wing Members of the Knesset visiting the Haram Al Sharif in the old city of Jerusalem (third most important religious site for Islam, but also the most important for Judaism, as it is believed to be the site of the Temple Mount, where both Jewish Temples were erected before their destruction leads to the so-called “Knife Intifada” (sequence of attacks with knives against Israeli policemen and civilians).

 

2016

 

After several months of quiet the Jewish High Holiday season (New Year, Yom Kippur, Sukkot) leads to more visits to the Temple Mount by right-wing members of Knesset and even a couple Government ministers, provoking more riots and turmoil in Jerusalem.

 

2017

 

Yahya Sinwar replaces Ismael Haniye as head of Hamas for the Gaza Strip. Haniye replaces Khaled Meshal as head of the Political Office of Hamas in exile.

 

Three young Israeli Arabs manage to smuggle fire arms into the Haram Al Sharif and kill two Israeli Policemen at one of the entrances. GOI installs metal detectors and CCTV cameras at different entrances to the Holy Explanade, detonating a new wave of riots. After the killing of two Jordanian citizens by an Israeli security guard in Amman (Jordan) GOI finds the way out of the crisis, removing the detectors and the cameras after two weeks of violence.

 

Hamas announces it will allow the PNA to retake over some ministries, executing effective control over them and cancelling the “administrative committee” it had created last April after the PNA cancelled the payments for fuel (stopping the power station in Nuseirat) and reducing the payments for electricity (that it buys from Israel). It also announces that the Ramallah Government lead by Prime Minister Rami Hamdallah can call for both legislative and presidential elections (the Legislative Council doesn´t work since 2007 and President Abbas rules by decree since 2010 as his mandate expired) creating new expectations for national reconciliation.
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Day #27 – The reality of Operation Protective Edge

Three years ago, in the middle of Israel’s murderous onslaught in Gaza, the reality was seeping through in the U.S. media.

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“Gaza Strip is not occupied,” says Israel’s Supreme Court, as Gaza is thrown into darkness

I just read the Ahmed decision by the Supreme Court of Israel. This case involves a petition filed in 2007 by the Palestinians against the State of Israel regarding the reduction of fuel supplies and electricity to the Gaza Strip.  Recently, the American Friends Service Committee prepared a short description of the problem here.

In 2005, Israel removed its settlers and soldiers from the Gaza Strip. The Supreme Court concluded that “Israel no longer has effective control over what happens in the Gaza Strip” and so “Israel does not have a general duty to ensure the welfare of the residents of the Gaza Strip or to maintain public order in the Gaza Strip according to the laws of belligerent occupation in international law.”

The Supreme Court ruled in favor of Israel, in part because

(1) Israel asserts it is monitoring the fuel supplies and electricity delivery to the Gaza Strip to meet the humanitarian needs of the people in Gaza;

(2) Israel says that the Palestinian officials have the capability to manage the load reduction;

(3) it’s better that the parties negotiate between themselves regarding the issue of fuel delivery and electricity; and

(4) there is a big distinction between the parties — one is fighting in the name of the law (Israel) and the other is fighting against the law (terrorists = Hamas).

Quick Facts • Less than half–only 45 percent—of Gaza’s power needs are now being met. Rolling blackouts leave residents with only six to eight hours of power each day. • Since 2013, the Gaza power plant has operated at less than half capacity. The plant regularly has to shut down, due to fuel shortages caused by Israeli restrictions on importing fuel. • Since 2010, at least 29 people—24 of them children— have died in Gaza from fires or suffocation directly linked to power outages. • Over 70 percent of Gaza households have access to piped water for only six to eight hours once every two to four days, because of the limited power supply.

I find the Ahmed decision troubling for several reasons:

(1) The Supreme Court’s rather cursory conclusion that Israel does not occupy the Gaza Strip. No occupation = no duty under the international laws of belligerent occupation. This conclusion appears to have been reached without arguments proffered by the parties on this very important issue, and almost as a side note to the court’s decision.

(2) The Supreme Court’s characterization of the parties in the case — one is law-abiding and fighting to preserve the law, while the other is a terrorist organization fighting against the law — demonstrates the inherent bias and lack of judicial neutrality that permeates the decision. The Supreme Court also demonstrates its lack of objectivity when it cites with approval Israel’s statement that the Palestinians are capable of managing the load reduction so as not to harm hospitals, etc., while dismissing without discussion the contrary arguments made by the Palestinians.

(3) While the Supreme Court acknowledges that Israel has a responsibility to meet the “essential humanitarian needs of the civilian population” in Gaza, it doesn’t provide any guidance about what constitutes “essential humanitarian needs” and appears to defer to Israel’s assertion that the State recognizes its responsibility and will monitor the delivery of electricity and fuel so as to meet its responsibility. (That must be cold comfort to the civilians sitting in the dark on a cold winter night in Gaza, or to the children who have died in house fires due to the candles.)

(4) The issue of the nexus between Israel’s rationale for reducing the electricity and fuel to Gaza seems to be accepted carte blanche by the Court without any critical examination. Israel says its “decision to limit the supply of fuel and electricity to the Gaza Strip was made in the framework of the State’s operations against the ongoing terrorism.” Doesn’t Israel have a duty to show the Court a nexus —- that the reduction of electricity and fuel has some measurable impact on reducing the terrorism (rockets)? If there is no nexus, then isn’t it fair to say that Israel’s actions, in fact, constitute collective punishment against the civilian population?

• Hospitals provide only limited services because they rely on generators, which produce insufficient and unstable electrical supplies that can damage sensitive equipment. • Up to 90 million liters of untreated sewage are discharged into the Mediterranean Sea each day in part due to electrical and fuel shortages. • Schools often function without electricity, leaving students in the dark, making many educational activities impossible, and negatively affecting students’ learning environments. • Businesses and industry can’t function without reliable electrical supplies, increasing unemployment and further destabilizing the Gaza economy.

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We don’t have to choose violence

In a follow-up to my post on September 6, Choosing Violence, I’m mailing letters to the President, and my members of Congress, with a copy of the article from the Boston Review.

(L to R – President Obama, Senator Tom Udall, Senator Martin Heinrich, Congresswoman Michelle Lujan-Grisham)

September 14, 2016

An Open Letter to President Obama, Senator Tom Udall, Senator Martin Heinrich and Congresswoman Michelle Lujan-Grisham:

We need to address someone who might actually listen, even if at present they cannot hear. They might be distant, but we must believe, if our conviction is to make sense to us, that there is a real chance they will receive our message. Conviction relies on a community, real or really possible, that subscribes to different standards than those of the majority.” — Oded Na’aman in Choosing Violence (Boston Review, August 15, 2016)

This letter is about choosing a different path.

I am writing because I believe each of you may hear my message. If you can’t hear it today, I’m convinced you will in the near future because each of you has shown intelligent compassion mixed with creative thinking in actions that you’ve taken in the past.  Those are the qualities we need today more than ever before.

I’m referring specifically to the tragedy in Israel-Palestine unfolding for all sides there, but my message is just as germane in every conflict the U.S. is engaged in abroad, as well as conflicts at home.

Oded Na’aman, a Postdoctoral Fellow at Stanford University, was a soldier in the Israeli Defense Forces in the early 2000s, and he’s written an insightful article entitled Choosing Violence which I’ve enclosed and encourage you to read.

The take-away message from Mr. Na’aman’s article is that violence and war are not tragedies that befall us but rather a choice we make. We choose war as a tool to respond to difficult challenges. I’m convinced we can make other choices using our compassionate intelligence and creative thinking.

The common wisdom in the United States, in Congress, and in the mainstream media, is that we must use violence to fight the terrorists. We must defend ourselves and our values with violence. We believe that our violence, as abhorrent as we may agree it is, is not by choice but by necessity.

I’ve wondered (especially after returning from my 9-month teaching sabbatical in Gaza three years ago) whether I’m a kook for believing that we can choose another path. In 2012-2013, while I was teaching young people about climate change in Gaza, I didn’t find the terrorists that my government warned me about before I traveled. I met with Hamas officials at their offices and in their homes, and I found humans struggling to lead under a long-term siege and occupation. I found humans making mistakes, as all leaders do, but trying to make life better for their people. Hamas’ tactics might be ill-advised, just as I would argue that many of Israel’s tactics are ill-advised, but I didn’t meet any terrorists.

Certainly each side argues why its use of violence is one of necessity and is justified. I’ve heard justifications ad nauseum from people in both Israel and Palestine. The truth, however, is that regardless of which side initiates the violence or defends itself against violence – both are trapped in a cycle of violence which must stop. Neither can get off the treadmill by himself. The United States must help.

Given our significant military aid to Israel, the U.S. has leverage to hold each side accountable for choosing a different path.  Why aren’t we using our leverage?

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The MOU expected to be signed this week embodies our decision to choose violence once again by pledging to give Israel $38 billion in military aid over ten years. The agreement might speak about “security” but the weapons do not represent future security for Israel but rather prolong Israel’s illegal occupation and humiliation of Palestinians.

Israel’s “qualitative military edge” undermines the possibility of building a just and long-term peace with its neighbors. Instead, we should be helping Israel build a “qualitative peaceful edge.” Israel must remain strong militarily but even stronger as a role model for respecting human dignity and human rights. What path would the U.S. be forging if our financial aid to Israel was directed towards sustainable development projects for both Israel and Palestine?

There may be quiet, private reasons for Congress’s decision to add fuel to the fire in the Middle East. I understand the historical relationship between Israel and the United States; the powerful influence that AIPAC wields in Congress and in elections. I understand how the military aid package to Israel benefits our laboratories and jobs in the U.S., which translates into votes each election cycle. There is no justification, however, for the tremendous pain and destruction perpetrated by the violence we support.

We have a choice.  Violence doesn’t choose us, we choose violence.  

I may sound like a “deluded crank” to you, but I’m convinced beyond a shadow of a doubt that true justice and the moral high ground will prove me right, hopefully sooner rather than later.

I simply ask that you step on the right side of history.  Please choose a different path away from violence.

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Lawfare – Using Law as a Weapon of War

Professor Orde F. Kittrie (Professor of Law at Arizona State University) has made a strong contribution to the field of international law with his new book “Lawfare – Law as a Weapon of War” published by Oxford University Press (2016).  Order information available here.

Lawfare is “the strategy of using—or misusing—law as a substitute for traditional military means to achieve a warfighting objective.” — Maj. Gen. Charles J. Dunlap, Jr., USAF (ret.)

Everyone can agree that fighting our battles in the courtrooms, boardrooms, and national & state legislatures is far preferable than on the kinetic battlefield.

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The author asserts that the Israeli-Palestinian conflict is foreshadowing lawfare strategies and tactics that will soon be replicated in other conflicts.

As a relatively new legal strategy —(I don’t recall “lawfare” even being mentioned in my international law class 30 years ago)— and also because Israel and Palestine appear to be leading the way in developing lawfare strategies —(four of the nine chapters of this book are focused on the Israel/Palestine conflict)— this book caught and held my attention from cover to cover. I highly recommend the book to both lawyers and lay people interested in this new arena where the Israel-Palestine conflict is being fought. It should definitely be on the shelf of every law school library.

With that said, the book has a gaping hole. The author never explicitly asks “why are the two sides engaged in lawfare?”  Very subtly, the western U.S./Israeli narrative surfaces.

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Palestinian Bar Association – new offices in May 2013

I would never expect an academic book, such as this, to advocate for one side or the other, and Professor Kittrie very carefully presents these various lawfare strategies from both sides, Israel and Palestine. He also describes the strengths and weaknesses of each side. However, the context within which these lawfare strategies are deployed is a valid inquiry which he apparently has chosen to avoid.

Correction: Nearly avoid.  On page 275, the author lets slip that he believes Hamas is using lawfare to “promote the destruction of Israel.”  On another page, he writes about the “armies of terror” in reference to the Palestinians. He has adopted the “terrorists” lens through which the U.S. government and others from the West view the conflict. There’s no mention of Israel’s occupation of the West Bank and Gaza Strip; nor the economic, political and travel siege on Gaza which might provide the context in which Hamas, the PA and the Palestinian NGOs are waging a lawfare battle.

Our Western colonialist narrative of the Israel/Palestine conflict is so deeply ingrained in our psyche that most of us can’t step out of it, be apart from it, and actually acknowledge it. In all fairness, however, the author was an attorney in the U.S. Department of State for over a decade and so was likely steeped in the “terrorism” perspective of the Israel/Palestine conflict from his earlier career.

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Legal aid office in Gaza.

Would I have a bias, in reverse, if I wrote a book about lawfare strategies in the Israel/Palestine conflict? Yes, probably I would. Hopefully, my colleagues would gently point out my bias. Is it possible to step away from the conflict and write completely objectively? Maybe not, because we go in search of information that confirms our bias. Suspending our disbelief is hard to do.

However, in the study and practice of law, it’s doubly important that we challenge ourselves and each other about our blind spots. For what’s even more important than being right or wrong is the ability to learn to think like a lawyer.

Thinking like a lawyer is thinking like a human being, a human being who is tolerant, sophisticated, pragmatic, critical, and engaged. It means combining passion and principle, reason and judgment.   “On Thinking Like A Lawyer” Anne-Marie Slaughter,  Harvard Law Today, May, 2002.

So if I had the chance to sit with Professor Kittrie and talk about the gaping hole in his book, I would ask him to suspend his disbelief and consider the following questions:

  1. Does the offer of an extended ceasefire (hudna) as proposed by Hamas and the other Arab nations contradict your conclusion that Hamas wants to destroy Israel?
  2. Is there any evidence, aside from what the New York Times and the State of Israel report, that Hamas actually advises Palestinians to martyr themselves by staying in homes that Israel has threatened with demolition?  I lived in Gaza during Israel’s attack in November 2012, and never heard any such declarations by Hamas. Based on the members of Hamas that I know personally, I can’t fathom them asking anyone to risk their lives or the lives of their children. But I’ll suspend my disbelief if there’s any factual basis other than the New York Times or the State of Israel.
  3. If Hamas issued a five-minute warning to the people living in Siderot about their plans to launch a rocket, would that exonerate Hamas as the knock-knock attempts to exonerate the IDF?
  4. Is your comparison of Israel’s fight against Hamas with the U.S. fight against the Taliban and ISIS an accurate comparison?
  5. Your description of Hamas’ deployment of “compliance-leverage disparity lawfare on the kinetic battlefield” is based on your stated assumption that Israel is the more law-sensitive adversary of the two, but couldn’t the Palestinians make an argument in reverse that the State of Israel has little regard for international law?  Collective punishment, which is prohibited under international law, is ongoing. Noura Erakat’s law review article is another example.
  6. You write that there are many shades or interpretations of international humanitarian law, and that Israel is trying to build support for its interpretation of international law. Is it beyond the realm of imagination to factor in the occupation into the equation and consider how the battlefield (both lawfare and kinetic) would be changed if Israel ended the occupation of the Palestinian territories? That’s the elephant in the living room that warrants serious discussion by the politicians, as well as by the lawyers advising them.

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The book’s take-away message for me:  Governments and NGOs can use lawfare strategies both offensively and defensively to accomplish goals that might otherwise be played out tragically in the battlefield. So far, lawfare tactics used against Israel have been damaging but not disastrous, according to the author. Lawfare appears to hold the potential to become significantly more damaging. (p.279)

 

 

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Forensic journalism – a new tool in the battle for truth?

fo·ren·sic
fəˈrenzik,fəˈrensik/
adjective
  1. 1.
    of, relating to, or denoting the application of scientific methods and techniques to the investigation of crime.
    “forensic evidence”
noun
  1. 2.
    scientific tests or techniques used in connection with the detection of crime.

We’ve all heard of forensic medicine.  Patricia Cornwell’s crime series about the forensic pathologist and Medical Examiner from Richmond, Virginia is one of my favorite chill-out books. She knows how to weave a tale applying medical knowledge to the investigation of a crime, particularly in establishing the cause of some gruesome and mysterious death.

Of course, forensic medicine is not just the stuff of fiction, but a recognized science accepted in many courtrooms as evidence to establish or disprove a crime.

I’ve learned about forensic architecture in recent years, after viewing a video of the digital re-creation of Israel’s bombardment of Rafah in 2014 — known as Black Friday because of its ferocity and lethal consequences in the very dense urban community in the southern Gaza Strip.

Now that we’ve entered a new era of killing (forget your outdated notions of the infantry in WWII) with drones, and hi-tech “smart” bombs, and the theatre of combat has shifted to neighborhoods, schools, hospitals and mosques, I suspect the need for forensic architecture is going to grow rapidly.

Forensic Architecture is a research agency based at Goldsmiths, University of London.  It includes a team of architects, scholars, filmmakers, designers, lawyers and scientists to undertake research that gathers and presents spatial analysis in legal and political forums.

We provide evidence for international prosecution teams, political organisations, NGOs, and the United Nations in various processes worldwide.  Additionally, the agency undertakes historical and theoretical examinations of the history and present status of forensic practices in articulating notions of public truth.

Well, I have an idea.

Maybe we need forensic journalism to use scientific methods to analyze the media (in all venues – print, video, TV, radio, including social media) leading up to military operations.

Forensic journalists would catalogue how the major actors and events leading up to the military assault were portrayed in the media (or more accurately how the media was used and manipulated) to create the conditions necessary to justify the initiation of military operations. Leaders can’t go to war without convincing their people of the righteousness of their decision to put their young men and women in harms’ way. The media is their unwitting accomplices. And the digital tracks remain for all to see and analyze months and years afterwards. The evidence doesn’t disintegrate like it probably does in forensic medicine/pathology.

Think of President George W. Bush and the months leading up to the invasion of Iraq.

Now think of Prime Minister Netanyahu and the weeks leading up to Operation Protective Edge in 2014 when Israel slaughtered (yes, “slaughter” is the correct term when the vast majority of the victims are unarmed civilians taking shelter in hospitals, schools, homes and UN facilities) — 2,256 Palestinians in 51 days in Gaza.

Forensic journalists would probably begin their examination with the abduction of three Israeli teenagers in the West Bank. Netanyahu immediately blamed Hamas without providing any evidence but the media didn’t mind. Then he launched an extensive search and crackdown in the West Bank, ostensibly looking for the three teens. Remember the #BringBackOurBoys campaign on social media? I think I recall that the mothers of the three teenagers even went to the United Nations looking for help in finding their sons.

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There would be alot of evidence for the forensic journalists to sift through because the local and international media covered these events daily for weeks.  Few in the West know about Israel’s gag law that prevents journalists from disclosing information that the government tells them they can’t.

Sadly, Netanyahu and his military chiefs knew from the first day that these boys were very likely dead because one teen had managed to dial for help on his cellphone when the gunshots rang out. But the media played along with Netanyahu’s pretext, whipping up public furor against Hamas and in favor of launching a military operation in Gaza.

Weeks later, the truth would come out. Even the New York Times (which rarely deviates from Israel’s party line) had to admit that the evidence didn’t support Netanyahu’s assertions. That was OK, Netanyahu must have been thinking, because by that time Operation Protective Edge was well underway and public opinion supported the government use of force.

Journalists on both sides of the Atlantic played into Netanyahu’s carefully crafted messaging, however faulty and distorted it might be.

In hindsight, can forensic journalists now map the digital path that led up to the horrors perpetrated on thousands of innocent men, women and children in Gaza that summer?

More importantly, can a pattern and practice of media manipulation be documented in order to identify future transgressions before they happen?

Shouldn’t the unsubstantiated “news” stories flying around the planet at break-neck speed this past week about the alleged Hamas use of humanitarian donations from World Vision, UNDP and others be a signal that Netanyahu may be laying the groundwork to justify another military operation in Gaza? Nearly every major media outlet is accepting Netanyahu’s assertions without question. At least the Seattle Times included a voice of reason in their version of the story.

“I think the world should be very skeptical about his (el-Halabi’s) arrest and suspect of Israel claims,” said John McKay, a former U.S. attorney for Western Washington who spent two years in the West Bank while serving in a U.S.-sponsored rule-of-law program.   McKay said the Israeli government has  sometimes denied legal rights to detained Palestinians, with charges not always supported by evidence. He  also said there has long been friction between the Israeli government and international aid agencies that seek to act  independently in Gaza.

And what should we make of Netanyahu’s attempt to rebrand himself as the loving father-figure for the Palestinians?  Is this relevant information in a forensic examination?

Until we have a better grasp of how journalists are strategically manipulated by the government in a very deliberate fashion to support the use of military force, we’ll have no chance of calling their bluff when they try to do it to us again … and again … and again.

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Filed under Gaza, Hamas, Israel, Media, People, Uncategorized, Video

#GoingtoGaza – March 2015

My previous posts in this series are Sept. 2014, Oct. 2014, Nov. 2014, Dec. 2014, Jan. 2015, and Feb. 2015.

Day #181 – Karen Armstrong writes that war is a psychosis caused by the inability to see relationships. Seems to me that Israel is trying its best to keep its citizens blind to what’s going on the occupied Palestinian Territories. Building a separation wall. Forbidding Israeli citizens from visiting the oPT.  Deleting the history of the Palestinians from Israeli textbooks. Is it official Zionist policy to nurture this psychosis?

#GoingtoGaza

armstrong

Karen Armstrong

Day #182 – Never before have I had any interest in Israeli elections. That’s changed. With the election about 3 weeks off, I’m pleased to see that Netanyahu’s polling numbers are dropping. A 4th term would be appalling. Netanyahu prides himself as the guardian of Israel’s security. He needs another assault on Gaza to help his polling.

#GoingtoGaza

Day #183 – Israeli Prime Minister Netanyahu disagrees with Obama’s negotiations with Iran. So Netanyahu will try to persuade Congress tomorrow. So imagine President Obama stopping by the Knesset tomorrow and sharing his two cents about the illegal settlements.  No disrespect intended.

#GoingtoGaza

Day #184 – Watched Netanyahu’s campaign speech to Congress this morning. My thoughts:

1) too bad members of Congress can’t vote in Israel – I lost count of the # of standing ovations.

2) Bibi must think Obama, Kerry, and most Americans are stupid. He recycled his previous scare threats from 2002 onward about the evil monsters devouring Israel. Looked like members of Congress proved Bibi right — they ARE gullible.

3) The lightbulb turned on for me when Bibi mentioned Moses and other religious passages. We have 2 leaders in the Middle East threatening an apocalyptic vision.  One has nukes and the other has global recruits. #Bibi #Isis

4) Pleased to see that the Editors of The New York Times and The Washington Post and others have panned Bibi’s speech.

#GoingtoGaza

Benjamin_Netanyahu_portrait

Day #185 – Watching members of Congress yesterday genuflect . . . er give standing ovations . . . to the Israeli Emperor . . . er Prime Minister, I was struck with how WHITE, MALE, and OLD our leaders in DC are. They were fawning all over the old, white, male lecturing them from the podium. Heaven help us!

#GoingtoGaza

Day #186 – After reviewing these graphs and charts about exports/imports and the movement of people and goods into / out of Gaza, how can the Editors at The New York Times claim with a straight face that “Israel doesn’t occupy Gaza”? If they are that myopic about Israel/Palestine, in what other ways is the NYT warping reality for its readers?

#GoingtoGaza

Day #187 – Thinking about the women in my life and that I’m a very lucky gal.  So many have had such a profound impact on the path I’ve journeyed. Especially thinking about Kay who turns 80 next week. She came into my life about 30 years ago and opened the entire spiritual universe to me through Beyond War. The key that unlocked the door.

Thinking about Luria who died in December. She came into my life about 20 years ago and shared with me her gift of listening without judgment, the first time I’ve experienced that. I hope I can model that with my friends and family. Thinking about Pam. She came into my life last year. She has shown me how the spark of an idea coupled with a ton of good will can make a big difference.  I’m looking forward to learning more from Pam.

#GoingtoGaza

Day #188 – News posted today that the Rafah border crossing between Egypt and Gaza will be open for two days in both directions. And an American friend reported that the Erez crossing between Israel and Gaza is now open, at least for people trying to exit Gaza. Are things improving?

#GoingtoGaza

IsraelMidEastPrint

Middle East

Day #189 – Feeling the weight and burden of all of the mistakes I’ve made and — having reached 61 years — there are many, many mistakes to remember. I wonder if the State of Israel was a sentient being, would she be feeling the burden of her mistakes? 66 years old — she has made many. She acts like a teenager telling the world she knows everything and refuses to listen to anyone. Hopefully, I’m a bit wiser and have learned from my mistakes.

#GoingtoGaza

Day #190 – I really, really, REALLY want to meet Raja Shehadeh from Ramallah. Palestinian Walks – Notes on a Vanishing Landscape | لماذا غزة؟ Why Gaza?

#GoingtoGaza

Palestinian Walks

Day #191 – A felony, charge these 47 Senators with treason.  We clearly have at least 47 members of Congress who are aligning themselves with the extremists in both Iran and Israel — they are threatening the security of the U.S. Their letter to Iran is a violation of the Logan Act. How should Obama respond?

1) ignore them and hope that the public’s condemnation will bring them to their senses.

2) publicly rebuke them and hope that is enough to bring them to their senses.

3) direct Attorney General Holder to investigate and bring charges if he deems appropriate.

I’ve never been so embarrassed to be an American.

#GoingtoGaza   #GettingthefuckoutoftheUSA

Day #192 – A friend shared a thought-provoking article that points out the danger that many social activists on the left succumb to – a sense of self-righteousness! I’m going to keep it and mull over it because there are valuable tidbits to digest.

I’ve been surprised and shocked by the attitude of some activists working on peace & justice issues in the Middle East. Never thought of it in terms of “self-righteousness” but it fits. Now I’m worried if I exhibit some of the same behavior and attitudes.

#GoingtoGaza

Day #193 – There are international travelers getting across the Rafah border into Gaza. I wish I knew how they did it. I can’t think of another international border that is as difficult to cross. The border between Mongolia & China requires the train car be lifted by a crane and different gauge wheels be installed. But the government bureaucracy is a piece of cake compared to the two crossings into Gaza.

#GoingtoGaza

Day #194 – #AskHamas is Hamas’ attempt to use social media to answer questions from the civilized world. Uncivil Zionists are spewing venom and hatred on Twitter, exposing their deep ignorance about Hamas, Palestinians and the Occupation. People don’t realize the power their own words have in creating their reality.  I feel great pity and sadness for those Zionists.

#GoingtoGaza

Day #195 – Walked only 4 miles today. Planned to walk 8 miles but forgot to bring water and it was a hot 82 F. Also need to remember to wear sunglasses because the sun is bright. Maybe tomorrow.

#GoingtoGaza

Day #196 — About to board a plane. Leaving California with mixed feelings. The last 18 months have been some of the hardest, yet most fulfilling. I couldn’t have done it without the lessons I learned in Gaza. #Samud thank you!

#GoingtoGaza

Day #197 – I’m a Pilgrim in my hometown and it feels a bit strange. Good friends have taken me in and I accomplished some important tasks today. Felt very honored when one friend asked me if I was interested in putting my name in the hat to fill the vacancy left by Senator Griego’s resignation. The only vacancy I’m interested in filling is the one in my heart left when I departed Gaza in May 2013.

#GoingtoGaza

Day #198 – Election Day in Israel and I’m watching it closely this year. The exit polls say it’s very close. Commentators on public radio say it may be weeks before we know who the next Prime Minister is. But Netanyahu has already declared victory. Just like his delusional rants about the Hamas “terrorists” … he believes if he says it often enough, it will be the truth. On another note, a Hamas official has provided answers to questions about the #AskHamas Twitter campaign that Hamas launched 5 days ago.

#GoingtoGaza

Day #199 – Netanyahu has won either by the skin of his teeth or by fraud. Was anyone monitoring this election?

1) Bibi drove the nail in the coffin of the two-state solution

2) A single, bi-national state is the future for the Holy Land.

3) The only question remains: by violence or peaceful means? Given Bibi’s leadership—I predict the former.

#GoingtoGaza

Day #199 (again) – Couldn’t sleep last night because my mind won’t turn away from the Israeli elections. WAR CRIMES and WAR CRIMINALS get elected.  The institutions that I once had faith in bringing peace & justice to the Middle East (UN, ICC, EU, U.S. Congress) are incapable or uninterested.

#GoingtoGaza

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Day #200 – I must be back-tracking just like Netanyahu. The day before the election he said unequivocally that there will be no State of Palestine while he is Prime Minister. Two days after his election, he says he still supports the 2-state solution.

Likewise, before the election, I said it would be unbelievably horrible if Netanyahu won reelection. Two days after the election, I’m convinced his re-election was the best thing that could have happened for the prospects of long-term peace & justice in the region. Netanyahu has been unmasked. Alhamdulillah!

#GoingtoGaza

Day #201 – A good Arab-American friend and I were talking this morning about the Israeli election. Although she is very curious about my travel to Gaza and learning more about the occupation and the plight of the Palestinians, she admits she is not particularly political. But she says she now feels it’s time to go into the streets and protest. Bibi’s racist comment about “those Arabs coming by droves to vote” was the RED LINE for my friend.

#GoingtoGaza

Day #202 – Is there a “right” way and a “wrong” way to open one’s heart and mind to the injustices in Palestine? Are some pro-Palestine activists more worthy than others?  I’ve observed Palestinians condemning international activists. I’ve heard American activists criticizing their fellow activists and newbies. Seems to me, we need to treat each other the way we wish to be treated, and recognize that everyone has compassion in their hearts even if we don’t see eye-to-eye with them.

#Respect #GoingtoGaza

Day #203 – Friends today suggested I take a job teaching in Cairo so that I could be closer to lobby the Egyptian authorities for permission to enter Gaza. They also suggested I try to join an NGO like Doctors Without Borders who might be traveling to Gaza. Have you ever heard of anywhere else on the planet where visitors had to make such convoluted plans just to enter?

#GoingtoGaza

Day #204 – Smoking was considered acceptable in public at one time not so long ago. I recall sitting in the back row of an airplane with 3 middle seats for me and my two young children. On either side of us were men smoking! It was perfectly acceptable to smoke on planes and I couldn’t ask them to stop.  Same with Zionism I hope.

Today it is perfectly acceptable for people to proudly announce they are Zionists, and the community accepts it (even applauds them in some circles).  I hope in the not-too-distant future, Zionism will be a stigma and no one will make a public announcement even if they continue to believe such things privately at home.

#GoingtoGaza

sumud_logo_summer_2010

Days #205-206: As a wandering nomad / pilgrim, my friends and family may find it challenging to keep track of me. We want to tie people to a place — and that is one reason “place” is so important.  Today, Bernalillo County Commissioners will consider a proposal which I believe will irretrievably ruin this place in central New Mexico.  I hope they deny Santolina Master Plan.

#GoingtoGaza

Day #207 – Feeling very frustrated. ABQ-Bernalillo County screwed up and commingled “planning” and “zoning” many years ago. We’re all paying the price today. This #Santolina master planning process is so screwed up. And those who should know better (the public planners) are clueless because they grew up with this dysfunctional system. Years ago, I tried to educate key players. Now, I just want to throw up my hands.

Thankful I’m #GoingtoGaza

Day #208 – The colonoscopy went well. Same doctor who performed it 10 years ago was my doc today. He told me he’s grown older. I told him I have too. Lolol Glad I’m in good health for my pilgrimage to Gaza.

#GoingtoGaza

Day #209 – Sometimes I feel sorry for myself when I tell people how difficult it is to get into Gaza. Then I think about Palestinians in Gaza who have been unable to leave, and I feel ashamed for my own troubles.  Middle East Children’s Alliance is arranging a U.S. speaking tour for Dr. Mona, including Albuquerque and Santa Fe, but she may not be allowed to leave Gaza. This situation is so diabolical. I want to scream.

#GoingtoGaza

Day #210 – I must be very, very careful (and probably a lot more circumspect) about jumping to conclusions when I read the “news” from Palestine/Israel.

Case in point: several different sources are reporting that an aide to President Abbas announced that Arab countries should attack Gaza. The “aide to Abbas” is a Muslim cleric using his bully pulpit to rouse antipathy towards Hamas. Yikes!

When I was in Gaza (2012-2013) I remember hearing about the political sermons coming from the Mosques every Friday. Since nearly every male goes to listen to these Friday sermons, I wonder how much influence/power/authority these clerics have over the population.

#GoingtoGaza

Day #211 – When I decided to become a pilgrim months ago, I thought my travels required that I leave behind many of my passions and interests. I realized this week that that’s not true. I don’t have to physically be in ABQ to remain actively engaged in some of the issues I’m concerned about, like the Santolina master plan. It’s much easier to be a pilgrim in the 21st century than it must have been in the 18th or 19th centuries.  Al-hamdulillah!

#GoingtoGaza

Day #212 – I’m hearing reports that a third flotilla will be sailing to Gaza during the first half of 2015.  I wonder if I could join it.

#GoingtoGaza

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Filed under Egypt, Gaza, Hamas, Israel, People, Politics, US Policy