Tag Archives: IDF

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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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

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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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Day #3 – July 9, 2014 – Why should Americans care?

Source: Day #3 – July 9, 2014 – Why should Americans care?

Palestinian women hold night prayers in front of the Dome of the Rock at the Al-Aqsa Mosque compound in the Old City of Jerusalem in support of Palestinians in Gaza. Photograph: Ahmad Gharabli AFP/Getty Images

Why should Americans care about the Palestinian side of the equation in the Middle East? That’s the MILLION $$ question. And why should members of Congress care specifically?

The U.S. gives Israel ALOT of money every year under very favorable terms. By one estimate, American taxpayers have given more than $130 Billion in U.S. aid to Israel. Our subsidy appears to be growing. Can the U.S. afford to be so generous with Israel while ignoring basic needs at home (infrastructure and education to name a couple) and in other less-developed countries?

Riyad H Mansour, the Palestinian ambassador to the United Nations, holds up a picture from the Israeli operation in Gaza during a Security Council meeting at the UN. Photograph: Kena Betancur/Getty Images

In the international arena, the U.S. routinely stands alone, or with the small minority, when voting on Israel’s actions in the Occupied Palestinian Territories. The U.S. cast the only NO vote at the Human Rights Council meeting in Geneva against a resolution calling for parties to be held accountable for potential war crimes committed in Operation Protective Edge. The U.S. knee-jerk support for anything and everything that Israel wants, endangers U.S. foreign policy interests, especially in the volatile Middle East.

After 9/11, President George W. Bush told the world that the terrorists hate American values. He was wrong. Extremists hate our foreign policies, not our values. We continue down this path of genuflecting before the State of Israel at our peril, and Israel’s peril too. America’s unwavering support for the State of Israel, even when the cold, hard facts show that Israel likely committed war crimes last summer in Gaza, only fuels the extremists. President Obama hit the nail on the head when he said that “extreme ideologies are not defeated by guns but by better ideas.”

Our basic common decency and humanity calls us to empathize with our fellow human beings — all of them — not just the Israelis running for cover under the Iron Dome. We lose our humanity when we ignore the tremendous lopsided death tolls, the assymetric battles, and the root causes of the conflict.

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Choosing Violence

Sometimes, the best laid plans get side-tracked when something more pressing comes along. That happened today when a friend shared an article with me from the Boston Review.  Choosing Violence by Oded Na’aman (August 15, 2016). I dropped everything, read it from beginning to end, more than once, and then printed several copies to send to friends and to my members of Congress.

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Oded Na’aman

The author, Oded Na’aman, is a Jewish Israeli who grew up in Israel and served in the Israeli Defense Forces in the early 2000s. My hunch is that his insights are shared by many more veterans, certainly by the Israeli soldiers in Breaking the Silence.

As the title suggests, Mr. Na’aman believes that Israel chooses violence, rather than the common ethos that violence chooses Israel. He writes:

I believe that we, Israelis, did and do have choices. But how might a whole society be mistaken about such a fundamental aspect of its existence? Conversely how can individual members of society, such as me, come to doubt widespread, deeply seated belief? Sometimes actions most see as entirely reasonable are, in fact, abhorrent. At times, imperatives to which whole societies subscribe amount to mere prejudice; communities commit grave injustices while fully believing they are in the right.

These questions, perhaps not stated quite so clearly, have been rummaging around in my head ever since I returned from Gaza in May 2013.

How could my previous assumptions and understanding about the “conflict” between Israel and Palestine be so wrong? How did I come to doubt the “truth” that my country’s leaders, my family and many colleagues, and most everyone in the U.S., have absorbed as easily as the sun’s rays on a beautiful afternoon?

Am I a kook? ———- Seriously, I have wondered sometimes.  Oded Na’aman writes:

How, then, could men and women who face moral isolation tell whether they are, to use [Bernard] Williams‘s phrase, solitary bearers of true justice or, instead, deluded cranks? Put another way, how might such persons be not only just but sane, not only moral but reasonable?

He doesn’t actually answer his question —- my question —- but I’m rejoicing that someone has so eloquently given voice to my fear.  And I know I’m not a kook.

Please read his article.

Consider Israel’s ongoing campaign in Gaza, which continue to escalate in spite of obvious errors. Any reasonable review of these engagements reveals a consistent, perhaps obsessive, repetition of mistaken estimates, failures of foresight, unjustified use of force, and lack of clear objectives. If anything, strategic mistakes and moral failures have worsened with every campaign. The number of casualties illustrates this most poignantly. In the Gaza War (December 2008 – January 2009), more than 1,400 Palestinians and 13 Israelis were killed. During the last campaign, the 2014 Israel-Gaza Conflict (July – August 2014), more than 2,200 Palestinians and 72 Israelis were killed. A comparison helps to clarify just how disproportionate Israeli actions were: in the first three weeks of the 2003 invasion of Iraq, the American military destroyed 1,600 armored vehicles; in Gaza in 2014, Hamas had no armored vehicles, yet, on average, an Israeli tank fired seven times more shells per day than did an American tank in the invasion of Iraq. Israeli helicopters loosed twiced as many Hellfire missiles as American helicopters did in those three weeks of 2003. Yet no one in Israel doubts that another war in Gaza, probably harsher than the last, is in the offing.

I read those words and my heart rate jumps, I feel a silent scream rising inside, and I want to shake everyone out of their complacency.

Indifference to pain and loss — one’s own and others’ — is a prerequisite to war. Entire societies must grow numb to suffering.   … [War] punishes sanity and rewards insanity.

In the second half of his article, Mr. Na’aman writes about conviction, and maybe that IS the answer I’m looking for.

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a-Shuhada Street in Hebron, also called Apartheid Street.

He shares a true story of an incident when he and two of his friends were walking late at night up a-Shuhada Street in Hebron towards the home of a Palestinian friend. They passed a group of Jewish teens who asked them where they were going. They replied “Tel Rumeida” – the Jewish neighborhood next to their friend’s home – and walked on. One of them yelled, “Are you crazy? What are you doing walking here, in Hebron, in the middle of the night, without any protection? The Arabs will kill you! You will be slaughtered!”

They were not worried and continued walking. Observing the reaction, the kid turned to his friends and exclaimed victoriously, “I told you they are leftists!”

You see, as young as he was, the boy understood that, within Israeli society, only settlers and activists know Hebron for what it really is. Neither group subscribes to the Israeli ethos of necessary violence. The settlers condone violence and choose violence in the service of religious and ethnic causes; the activists condemn and reject it for moral and religious reasons. But both settlers and activists act from conviction rather than fear. For only conviction—the inward and full persuasion of the mind—can withstand the capriciousness of politics.

I must find a way to give voice to my conviction that the violence we see in the Middle East — Israel and Palestine — in Syria, Iraq, Afghanistan and elsewhere — is and has always been a violence of choice. And we can choose another path. I’m convinced.

 

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