Foreign Minister Tzipi Livni asserted in January 2009, “We have proven to Hamas that we have changed the equation. Israel is not a country upon which you fire missiles and it does not respond. It is a country that when you fire on its citizens it responds by going wild – and this is a good thing.”
International Law
According to the Israeli Judge Advocate General’s Office, since Operation Cast Lead in the Gaza, the Military Police Investigation Unit (MPIU) has opened 23 investigations into incidents that took place during the operation.
Mr. Ban called on Israel to “cease such provocative actions,” and to implement its commitments under the Road Map peace plan by freezing all settlement activity, including natural growth; dismantling outposts; and reopening Palestinian institutions in East Jerusalem.
Goldstone’s standing in the world will only rise as a consequence of Israel’s short-sighted attempts to discredit the man, the report and the facts. That our own government has chosen to join in this unworthy exercise should be a source of deep embarrassment and shame.
[South African lawyers] want to investigate South African citizens who may have fought for the Israeli army during the war on Gaza in December and January, with a view to prosecuting them on South African soil for war crimes and crimes against humanity.
I fully respect the right of the US Congress to examine and judge my mission and the resulting report, as well as to make its recommendations to the US Executive branch of government. However, I have strong reservations about the text of the resolution in question – text that includes serious factual inaccuracies and instances where information and statements are taken grossly out of context.
Wikipedia’s important review of Israel’s military free-range killing doctrine: a proposed and approved strategy under which “Israel finally realizes that Arabs should be accountable for their leaders’ acts”.
Most [friends of Israel] cannot understand the clear conscience of “the only democracy in the Middle East,” which does not hesitate to hold an entire people under occupation and siege, and at the same time punctiliously presents itself as always, in any situation, as the innocent victim of the hostile gentiles.
IOA Editor: This commentary is important in that it reflects the concerns of enlightened Israelis for the loss of the support Israel historically enjoyed in the West. In other words, global pressure against the Occupation and violations of international law works and must continue.
It was the sixth known forced return to Gaza of Palestinians stopped at [this] checkpoint… in 10 days, according to the Israeli human rights group Gisha. Israel has also been preventing family reunifications in the West Bank for Palestinians with relatives living in Gaza, in effect forcing people to relocate to the Strip. The steps are part of an Israeli policy of treating Gaza and the West Bank as two separate entities, thereby undermining the coherence of Palestinian claims for a state encompassing both territories. The 1993 Oslo agreement stipulates that the West Bank and Gaza Strip are to be treated as one territorial unit.
Attorney Daniel Machover from London is one of the best known figures in the international group of lawyers and pro-Palestinian activists trying to put IDF officers on trial in European countries for alleged war crimes… Anyone surprised by the activities of the Israeli-born lawyer does not know his family history. His parents, radical left-wing activists, left Israel in 1968… His father, Moshe Machover, was… one of the founders of the Matzpen movement.
“Israel is transparent,” Ya’alon said. “The IDF has recently conducted five serious probes, the criminal investigation division opened an investigation into credit card theft. There is a team that will respond to the report without having to stop the army in order to do so.”
IOA Editor: Israel’s most transparent liar. Will not stop “the army,” but will he be stopped by by global activists?
I want to know how and why it was decided to embark on Operation Cast Lead in the Gaza Strip and to expand it into a ground offensive… I want to know if those who gave orders to the Israel Defense Forces assumed that hundreds of Palestinian civilians would be killed, and how they tried to prevent this.
A country’s conditions do not remove its obligations under international law… Whether a state is an aggressor or acting in self-defense, whether it faces a regular army or insurgents that commit abuses, the laws of war apply, imposing a duty to minimize civilian harm. And being a democratic country prevents Israel from committing wartime abuses no more than it stopped the United States from torture and unlawful detentions at Guantanamo and Abu Ghraib.
Human rights lawyers and pro-Palestinian activists in a number of European countries hold lists with names of Israel Defense Forces soldiers allegedly linked to war crimes committed during Operation Cast Lead in the Gaza Strip. Existing legislation enables arrest warrants to be issued against these officers if they enter those countries.
Richard Goldstone responds to Israel: “In Gaza, I was surprised and shocked by the destruction and misery there. I had not expected it. I did not anticipate that the IDF would have targeted civilians and civilian objects. I did not anticipate seeing the vast destruction of the economic infrastructure of Gaza including its agricultural lands, industrial factories, water supply and sanitation works. These are not military targets.”
[T]he [Gaza] victory was a Pyrrhic one. Israel did not realize that the rules have changed with Barack Obama’s election as U.S. president… the Gaza campaign continues being fought – in the diplomatic arena and in public opinion – and Israel must cope with its consequences in a less-friendly Obama era.
IOA Editor: This is a useful, Israel-centric analysis in that it reflects Israel’s concerns for its ability to maintain an upper hand in view of global opposition to the Occupation. Benn’s implied assertion that there is a profound change toward Israel under the Obama administration is, at best, premature; more likely, it is simply unfounded. So far, there is no evidence of US pressure on Israel to ‘change its ways’, and this ‘would-be’ pressure can only be added to the long list of theoretical, invisible Obama changes of past US ME policies – widely assumed, incorrectly.
Also, unlike Benn, some pointed to Israel’s failed Gaza attack soon after it took place. To cite the obvious, see Gideon Levy’s Everyone Agrees War in Gaza Was a Failure – aside from its profound immorality, which Levy has been pointing to repeatedly from day one.
Over 750 individuals and organizations from around the world signed on to the US Palestine Community Network’s letter to Ban Ki-Moon, Secretary-General of the United Nations, demanding the full implementation of the Goldstone report into Gaza war crimes. Sign letter.
[U]nderneath those still waters on which Israel’s ship is sailing lurks an iceberg. The Goldstone report marked the iceberg’s first appearance. Turkey turning its back on Israel was the second. Attempts by European courts to try Israel Defense Forces officers were the third; the boycott of Israeli products and companies in various places round the world was the fourth;
IOA Editor: Shavit represents Israel’s self-righteous center-right: profoundly immoral – in fact, evil. In Gideon Levy’s The Golda wars, Shavit falls into the category of Israeli Government and IDF “demagogic cheerleaders:” he cheered Israel’s Gaza attack, and now he whines about the Goldstone report.
Shavit omits the most obvious: it’s Israel’s own actions that delegitimize Israel – the Gaza closure and attack being only the most recent. Rather than proposing a “diplomatic initiative that would prove that Israel is truly and genuinely striving to end the occupation,” how about taking actual steps to End the Occupation? It could start with a complete freeze on settlements and a large scale release of Palestinian prisoners, followed by a unilateral declaration of intentions to withdraw, etc. Instead, Shavit goes back to “Hasbara” – the propaganda approach to gaining legitimacy: an old, familiar Israeli method.
Importantly, Shavit’s “iceberg appearances,” above, can form the basis for an effective anti-Occupation campaign.
Israeli authorities are planning to demolish 150 Palestinian houses, home to about 1,000 people in East Jerusalem, according to a new report from the Jerusalem Center for Social and Economic Rights… [This figure does] not include another 125 houses and apartments whose owners were given demolition orders.
While Israel often accuses Palestinians of misusing ambulances as cover for attacks, a new report from the country’s second-largest newspaper suggests Israel may want to clean up its own house.
Lucky pasta! When an American senator discovered Israel bans importing pasta into the Gaza Strip, a storm broke out. And ever since, senior Israeli defense officials have included noodles on their list of permitted products. And calves, how did we forget them? That was approved by the highest levels of the Defense Ministry. After all, the bureaucrat-officers would never have dared violate the siege directives.
[British Ambassador to the UN said that] he supports the findings of the Goldstone commission, and called for both Israel and the Palestinians to investigate its conclusions… The [Israeli] Foreign Ministry convened an emergency meeting in light of Sawer’s comments, and told ministers not to issue any official response.
In looking for a resolution of the Israeli-Palestinian conflict, then, we should once and for all stop looking to governments and officials (elected or otherwise), in the US, Israel, or among the Palestinians themselves. As the Obama administration has already demonstrated, the US government, in the present political conjuncture, will never put peace and justice in Palestine ahead of internal domestic pressures and politics; the Israeli government will not for one moment back down from its continually expanding colonization plan in the West Bank and East Jerusalem until it is compelled by outside pressure to do otherwise; and the Palestinian government — well, there is no such thing.
We strongly urge the leadership to reconsider its decision, and to begin to forge an independent path of diplomacy based on respect for international law that can lead to genuine justice and durable peace.
The Palestinian Centre for Human Rights’ (PCHR) new report, titled “Through Women’s Eyes,” highlights “the Gender-Specific Impact and Consequences of Operation Cast Lead” and the ongoing siege.
Sahar Francis, a Palestinian Israeli human rights lawyer: [T]he US and Israel, in the name of peace, were actually trying to push the point that any kind of accountability measures against Israel will affect negotiations. But how can you reach peace without giving justice to the people?
[Bil'in] residents say the IDF conducts nighttime raids up to four times a week, sometimes using percussion grenades and tear gas and sometimes also entering homes, which has led to Israeli activists staying overnight in village homes.
After years of total disdain for the international community, of violating laws and treaties while Israeli legal experts turn into a kind of public defense counsel for our generals, there are finally members of the military elite who can no longer travel to Switzerland to ski, or to the opera in Covent Garden, or to a high-tech exhibition in Spain, without first consulting their lawyers. And that’s a good thing.
In a single phone call to his man in Geneva, Mahmoud Abbas has demonstrated his disregard for popular action, and his lack of faith in its accumulative power and the place of mass movements in processes of change.
Ya’alon was asked to attend the dinner by the British branch of the Jewish National Fund.
IOA Editor: Ya’alon is the former IDF chief of staff and a life-long career officer who, in different capacities – including the commanding officer of Israel’s Central Command, responsible for the West Bank during the Second Intifada – was responsible for the death of possibly thousands of innocent Palestinians.
The Jewish National Fund, which predates Israel’s existence, is the foremost national institution responsible for the acquisition of lands, ultimately bearing a significant part of the responsibility for the dispossession of the Palestinian people.
There couldn’t be a more deserving person, or institution, to stand before the International Criminal Court.
See also Tiptoeing between lawsuits: Senior officials stay in Israel
Amnesty, HRW: US intervention to quash a vote on the report “obliges the United States and other governments blocking action at the council to press Israel and Hamas to commence credible investigations.”
The Palestinian leadership—under heavy international pressure lead by the United States—deferred the draft proposal at the Human Rights Council endorsing all the recommendations of the UN Fact Finding Mission (the Goldstone Report). This deferral denies the Palestinian peoples’ right to an effective judicial remedy and the equal protection of the law. It represents the triumph of politics over human rights. It is an insult to all victims and a rejection of their rights.
The establishment of a state commission of inquiry to investigate the Goldstone report’s allegations of Israeli war crimes during Operation Cast Lead in Gaza is the only appropriate response the Israeli government can make.
The wounds of Gaza have not yet healed, the debris has not yet been cleared and the housing there has not yet been rehabilitated. Israel has also not been rehabilitated. It still insists that everything went as it should have. But cracks are now appearing. There is something cynical and depressing about the fact that it is happening only after Israeli leaders started to fear for their personal fates. Now it may be hoped that Goldstone, the United Nations and the world will not give in.
