Tag Archives: Gaza

Accountability for war crimes? ICC

When and how will Israel be held accountable for war crimes committed during its 51-day Operation Protective Edge in 2014?  The operation killed 2,251 Palestinians, the vast majority of whom were civilians, including 299 women and 551 children. The operation also caused massive destruction to 18,000 homes and other civilian property, including hospitals and vital infrastructure.

Most of the destruction and damage has not been repaired in the past three years. Neither has any serious investigation been conducted.

Two legal NGOs in Israel — Al Mezan Center for Human Rights and Adalah — have been absolute bull dogs, pushing the Israeli authorities to comply with their responsibilities under International Humanitarian Law (IHL) and International Human Rights Law (IHRL). For the past three years, they have submitted petitions, complaints, claims and every manner of documentation to press for justice for the victims of Operation Protective Edge. To no avail.

IHL and IHRL require Israel to investigate allegations of suspected violations committed during Operation Protective Edge, with independence, impartiality, effectiveness, promptness and transparency and to prosecute those allegedly responsible.

But as with its inquiries into past military operations, Israel has delayed, denied, deflected and dismissed every attempt by the United Nations and others to come clean with its actions in Operation Protective Edge.

That hasn’t stopped Israeli soldiers from talking about their experience in Operation Protective Edge.

On August 28, 2017, Al-Mezan and Adalah published their 9-page report documenting their attempts to hold Israel accountable — Gaza 3 Years On: Impunity over accountability Israel’s unwillingness to investigate violations of international law
in the Gaza Strip. No surprises here.

The cases concerned severe events that resulted in the killing and serious injury of Palestinian civilians, including women and children, and the massive destruction of civilian objects. The evidence in these cases suggested that the attacks were carried out in violation of the principles of distinction and proportionality, which could amount to grave breaches of IHL. These cases mostly concerned incidents of:
 Direct attacks on homes causing many civilian deaths and injuries;
 Direct attacks on children (e.g. the four Bakr children playing on the beach and the Shuheibar children feeding pigeons on a house rooftop);
 Direct attacks on five UNRWA schools that were sheltering civilians;
 The bombing of mosques, hospitals and a shelter for people with severe disabilities;
 Attacks on civilian infrastructure and the municipality workers fixing them.

After Operation Protective Edge, Israel cynically created the Fact-Finding Assessment Mechanism (FFAM) to improve its investigative abilities but after three years, 46.4% of the complaints filed by Adalah and Al Mezan were referred to the FFAM for examination and then closed, without opening a criminal investigation or ordering further action against those involved. 43% of the complaints remain under examination by the FFAM or received no response.

The Military Advocate General’s responses to such cases:
 Secret evidence: The materials collected by the FFAM and other intelligence materials cannot be revealed because they are classified;
 Military necessity: Certain incidents in question were undertaken based on military necessity (these arguments were written vaguely and did not include any supporting evidence);
 No non-military witnesses: The FFAM did not find any need or use in taking testimonies from non-military witnesses.

This whole exercise may seem pointless because when has Israel ever been held accountable for its violations of international law?

This time things might be different.

Ms Fatou Bensouda

Ms Fatou Bensouda – Prosecutor

The Office of the Prosecutor for the International Criminal Court (ICC) has launched a preliminary investigation. (pp. 25-32) But the ICC can’t assume jurisdiction in this case if the State of Israel has an effective mechanism for investigating and prosecuting these claims. In November 2016, the Prosecutor said she would “assess information on potentially relevant national proceedings, as necessary and appropriate.”

That’s why this report from Al-Mezan and Adalah is so very important. It clearly shows that Israel is incapable and unwilling to investigate and hold itself accountable. If the Prosecutor agrees, she can recommend that the ICC take the case.

Israel needs to be held accountable, sooner rather than later. This report provides the ammunition to open the courthouse doors. Bravo Al-Mezan and Adalah!

The case of the Abu Dahrouj family provides another illustration of Israel’s unwillingness to investigate. On the night of 22 August 2014, an Israeli warplane fired two missiles at a home belonging to the Abu Dahrouj family in central Gaza. The Israeli missile strike killed five members of the Abu Dahrouj family, including two children, and wounded multiple civilians and caused extensive damage to neighboring homes. Although [Israel] acknowledged that the missile attack was carried out directly on a civilian home and did not target any combatant or military object, no investigation was opened and the case was closed without any action against those involved.

 

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#Gaza5K – where every step and $$ counts

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In a couple of weeks I’ll be walking, not running, in the #Gaza5K to raise funds for UNRWA-USA to support the Gaza mental health progran for Palestinian refugees.  This will be my 3rd year and I’m really looking forward to it.

My goal is $1000 this year.  As of August 21, I’m 1/4 of the way there so I really need to focus on my fundraising and would appreciate any donation of any size. Donations are tax deductible, and I’m confident that the funds are spent wisely.  Please check out my story here.   And here’s my story and photos from the #Gaza5K last year when I exceeded my goal of $2,000. To make a safe and secure donation, please click here.  Thank you!

 

 

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Day #30 – August 5, 2014 – Operation Protective Edge

Three years ago, on this date, Sayeeda Hussain Warsi, Baroness Warsi, a British-Pakistani lawyer, politician and Senior Minister for the UK’s Foreign and Commonwealth Office, handed in her letter of resignation over her disagreement with the government’s policy on the Gaza conflict.

I admire her. I wish there had been some politicians in the United States Congress who had spoken so directly and honestly about the atrocities in Gaza.

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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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Day #25 – Hannibal Directive

Three years ago, August 1, 2014 is known as Black Friday in Israel’s Operation Protective Edge.    This video provides a forensic analysis of what occurred that day.  Will it provide the evidence for war crimes?

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Day #20 – The Children of Gaza in Operation Protective Edge

PALESTINIAN-ISRAEL-CONFLICT-GAZA

A Palestinian medic carries the body of a child, killed in an explosion in a public playground on the beachfront of Shati refugee camp, in the morgue of Al-Shifa Hospital in Gaza (Photo credit: Juliana Jiménez)

Source: Day #20 – July 26, 2014 – Palestinian Lives Matter!

Three years ago, British journalist Jon Snow returned back from a reporting trip to the Gaza Strip, a war zone during Operation Protective Edge. Watch his brief report carefully. His observations should be held up to journalism students worldwide as an exemplary model for how to cover the realities of life and death in a war zone. Americans don’t see this type of reporting from Gaza, Mosul or Yemen. Why?

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Cameraman in Gaza films the attack that killed him #OperationProtectiveEdge

Two years after Operation Protective Edge, Aljazeera World produced this video to remember the journalists and cameramen killed during Israel’s assault on Gaza.

On July 8, 2014, Israel launched Operation Protective Edge, aimed at stopping alleged rocket fire from Gaza into the occupied territories.

One of the most densely populated neighbourhoods in the Gaza Strip, Shujayea was claimed by Israel to be the site of Hamas “terror tunnels”.

The attack started late on July 19, initiating 24 hours of sustained air bombardment and artillery fire.

An American military officer talking to Al Jazeera said 11 Israeli artillery battalions fired around 7,000 shells into Shujayea over that 24-hour period, in which at least 65 Palestinians were killed and 288 wounded.

One paramedic reported more than 200 calls for help at the peak of demand, one from virtually every house on targeted streets.

The emergency services responded to every callout with scant regard for their own safety.

In this film, cameraman Khaled Hamad joins local paramedics in Shujayea as they attend to the dead and wounded at the height of the raid. Risking his life, he documents the atrocities committed against civilians in the neighbourhood during Operation Protective Edge.

A number of journalists were killed. News photographer Rami Rayan died while shooting stills of a busy market where locals were shopping during a brief humanitarian truce.

Knowing the risks, Hamad continues to film until his camera dramatically captures the raid in which he and paramedic Fouad Jaber come under direct attack.

Paramedics, Hamad’s fellow journalists and family all maintain that Israel targeted journalists in order to try and minimise coverage of what the Palestinians described as a “massacre”.

Most of the footage in the film is Hamad’s, his camera never stops shooting even after he is struck, and continues rolling long after he has taken his final breath.

Source: Al Jazeera

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