Ha’aretz: Dichter cancels U.K. trip over fears of ‘war crimes’ arrest

By: Barak Ravid

Public Security Minister Avi Dichter canceled a trip to Britain over concerns he would be arrested due to his involvement in the decision to assassinate the head of Hamas’ military wing in July 2002.

Fifteen people were killed in the bombing of Salah Shehade’s house in Gaza, among them his wife and three children, when Dichter was head of the Shin Bet security service. He is the first minister to have to deal with a possible arrest.

Dichter was invited to take part in a conference by a British research institute on “the day after” Annapolis. He was supposed to give an address on the diplomatic process.

Dichter contacted the Foreign Ministry and sought an opinion on the matter, among other reasons because of previous cases in which complaints were filed in Britain and arrest warrants were issued on suspicion of war crimes by senior officers who served during the second intifada.

The Foreign Ministry wrote Dichter that it did not recommend he visit Britain because of a high probability that an extreme leftist organization there would file a complaint, which might lead to an arrest warrant. The ministry also wrote that because Dichter was not an official guest of the British government, he did not have immunity from arrest.

Dichter’s bureau said in response that the minister does not intend to go to Britain on any type of official or unofficial visit until the matter of the arrest warrant is resolved.

Dichter was already charged in a civil suit in the United States in 2005 for his part in the decision to assassinate Shehade. But in this U.S., this is not a cause for arrest.

British law, however, states that a private individual can file a complaint against another person for offenses such as war crimes. According to the law, such a complaint might lead to the court issuing an arrest warrant, or a summons to criminal investigation or clarification of the complaint by the police, or even the opening of criminal proceedings.

Dichter is the first minister to face this problem, which has mainly affected senior officers in the Israel Defense Forces. Transport Minister Shaul Mofaz, formerly chief of staff, encountered a similar problem when he traveled to Britain in 2002 before becoming defense minister. Other officers in a similar predicament included former chief of staff Moshe Ya’alon and former GOC Southern Command Doron Almog.

In September 2005, Almog flew to London and found that a British police officer was waiting in the terminal with an arrest warrant. Almog remained on the plane and returned to Israel to avoid an embarrassing incident.

Israel has brought up the subject over the past few weeks with the British government. Defense Minister Ehud Barak and Foreign Minister Tzipi Livni demanded in separate meetings with British Foreign Secretary David Miliband that the British government work seriously to change the law that harms former IDF officers. Miliband said his government was working on the matter but did not promise anything.

After the incident in which Almog was almost arrested, a joint foreign ministry-justice ministry team worked to hire a major law firm in London to represent Israeli officers if they were arrested.

Senior officials met with a number of the most prominent London firms, some of which offered to provide the service pro bono. But none of the firms were hired, and the idea was set aside.

Ha’aretz: Leftists announce mock power cuts to protest Gaza fuel slash

By: Yigal Hai

Residents of Tel Aviv and Jerusalem were surprised Thursday morning to find on the doors to their homes mock notices announcing that the flow of electricity to the two cities would be cut off next week.

The 10,000 or so fake notices were posted across both cities by some 70 left-wing activists in response to the government’s decision to reduce the supply of fuel to the Gaza Strip, and its plan to cut power flow in the near future.

The High Court of Justice on Sunday ordered the state to delay its reduction of power supplies to the Gaza Strip by at least one week, pending a full presentation detailing the proposed operation.

The justices upheld the state’s plan to reduce fuel transfers to the Strip, as long as the humanitarian needs of Gaza’s residents were given primary consideration.

The notices posted Thursday by the activists read: “We wish to inform you that there will be a wave of cessation and severance of electricity. We have no choice but to cut off power and we are forced to do it because in your cities reside the commanders of an army that harms civilians in the West Bank and the Gaza Strip.”

“For humanitarian reasons, the cessation of electricity will not be permanent and should leave you to consider: should the flow allotted be directed to hospitals, water systems, sewers or private homes. We apologize for the temporary inconvenience this might cause you and emphasize that this is a necessary defense move,” read the notices.

According to the activists, the notices were hung to draw attention to the government’s “arbitrary” decision to cut fuel and power from the civilian Palestinian population.

“There is no legitimacy for the collective punishment on civilians. We are talking about a move that even the army has admitted has no chance of stopping Qassam fire on Sderot.”

“Through this activity we are interested in raising the awareness of Israeli citizens to the arbitrariness of these offensive moves and to try to create solidarity with the plight of civilians in Gaza,” said the activists.

Apartheid Masked: A Generous Offer to Palestinian Refugees

Click here for the original article.

By Neta Golan

Anyone familiar with Israeli politics, was not surprised that Israeli Prime Minister Ehud Olmert did not acknowledge Israel’s occupation in his speech at Annapolis. What was surprising was, that, short of mentioning the “R” word- refugees, Olmert acknowledged the Palestinian refugee problem.

Referring to the Palestinians Olmert stated: “your people, too, have suffered for many years; and there are some who still suffer. Many Palestinians have been living for decades in camps, disconnected from the environment in which they grew up, wallowing in poverty, in neglect, alienation, bitterness, and a deep, unrelenting sense of humiliation.”

Olmert’s characterization of the refugees is partiall. Poverty, neglect and alienation are only one component of the refugee experience. There are other components, such as community, pride, generosity,and perseverance. This one-dimensional characterization suits Olmert’s conception of a solution, it casts refugees as objects that will be acted upon (once again), rather than subjects who can genuinely participate in finding a solution. A recent article in the Israeli newspaper Ha’aretz Daily titled “Refugees and Jerusalem: A question of money” Sheds light on the workings behind Olmert’s statements.

According to Israeli Historian Benny Morris “In the months of April-May 1948, units of the Haganah [the pre-state defense force that was to become the IDF] were given operational orders that stated explicitly that they were to uproot the villagers, expel them and destroy the villages themselves.” Yet Olmert presented the refugee issue as a humanitarian problem, not unlike one caused by a natural disaster, saying that “Israel will be part of an international mechanism that will assist in finding a solution to this problem”.

The solution Olmert suggests is: “an international effort, in which we (Israel) will participate, to assist these Palestinians in finding a proper framework for their future, in the Palestinian state that will be established in the territories agreed upon between us.” The suggestion that the refugees do not have the choice to return to the lands from which they were expelled but instead “return” to a future Palestinian state, is contrary to international humanitarian law, and to UN resolution 194 that “Resolves that the refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date”. Despite this, U.S President George Bush promised Ariel Sharon in a letter on the 14Th of April 2004: “…an agreed, just, fair and realistic framework for a solution to the Palestinian refugee issue as part of any final status agreement will need to be found through the establishment of a Palestinian state, and the settling of Palestinian refugees there, rather than in Israel.” The promises were subsequently ratified by both the United States House and Senate. Olmert referred to this letter in his Annapolis statement as a departure point for the negotiations.

According to Ha’aretz The Aix Group, “a semi-official political-economic backchannel” AIX group members, who include Israeli, Palestinian and International economic experts, academics, members of economic organizations, and officials from international institutions, including the World Bank, the International Monetary Fund and the European Union, submitted a document to the Israeli team preparing Olmert’s Annapolis statement.

The document opens with a declaration of principles that “an agreed and just long-term solution to the problem of the 1948 refugees must be based on the relevant United Nations resolutions, including General Assembly Resolution 194″ but then nullifies that statement by saying that: “while recognizing that a literal application of this Resolution is no longer possible given the substantial changes on the ground”. The document then describes an arrangement that would substitute the U.N. resolution which they have deemed no longer applicable. As stated, “The parties would agree that the measures recommended in the paper implement Resolution 194.”

The reference to “substantial changes on the ground” as an obstacle that render the UN resolution inapplicable, perpetuate the myth that physical or material obstacles render return impossible. According to Salman Abu Sitta an expert on the Palestinian refugee issue “90% of the village sites are still vacant, 7% are partially built-over, and only 3% are totally built over in Tel Aviv and West Jerusalem.” A hint to what the real obstacle may be lies in Ha’aretz corespondent Akiva Eldar’s statement “The Aix Group is convinced that if bold steps are not taken in the right direction, the vision of one state for two peoples, based on joint citizenship and equality before the law, will be placed on the agenda.”

The group suggests an international committee of experts would determine what constituted “fair and full” compensation for property claims. They estimate that the total cost of these claims will be between $15 billion and $30 billion.” According to Ha’aretz this and more money can be attained in a period spread out over 10 years and with extensive, generous international aid. In It’s proposal The group suggests that in cases in which “fair and full compensation” is offered “restitution” (the right of return) will not be considered. This formulation turns the basic principle set in the UN Principles on Housing and Property Restitution for Refugees and Displaced Persons on end. The principles clearly notes that restitution is the primary remedy and compensation only comes into play if refugees themselves choose compensation or if restitution is factually not possible as determined by an independent tribunal. They suggest that refugees will be sponsored financially to relocate to countries that would chose to accept them or be rehabilitated in their current county of residence. They also suggest that a fund be created from which every refugee receive 4000$ each for what the group calls refugeehood.

Under international humanitarian law the rights of refugees to return to their homes like all human rights it is invaluable and cannot be bought. Under Israel and Bush’s “solution” Palestinian refugee families which had been expelled from what is now Israel would be consigned to return, not to their homes, but to small, non-contiguous parts of less than 22% of their original homeland. Jews from anywhere in the world, on the other hand,would be free to “return” to more than 78% of historic Palestine, frequently to live on land seized from those same Palestinian refugees. Such clear discrimination against Palestinian refugees and privileging of Jews from anywhere in the world illustrates clearly that these proposals would further an separate but unequal solution that cannot result in peace.

Izbit At Tabib Roadblock Claims a Life

On Monday 3rd October a man from the village of Izbit at Tabib died before reaching hospital as a result of the roadblock that prevents access to the main highway. Ahmad Ibrahim Shiwor, 41 years old, was suffering heart problems in his family home. An ambulance was called but unable to reach the house due to the roadblock at the entrance to the village. Unconscious, Ahmad was carried with difficulty into a private car and driven down to the roadblock, where he then had to be carried by hand over the rocks and piles of dirt and rubble that were put in place by Israeli soldiers over two weeks ago. Finally, he was delivered to the ambulance, at least 15 minutes after the ambulance arrived at the roadblock. He died just before reaching the hospital in Ramallah.

Ahmad left behind nine children, the eldest being just fifteen years old. He had been experiencing health problems for the past year, so when the roadblock was imposed two weeks ago, his family were concerned that he might have trouble getting to the hospital and started to make arrangements for an apartment in Ramallah – fearing such an incident.

After Ahmad’s death, humanitarian organizations such as the International Red Cross and Machsom Watch made a request to the District Coordinating Office (DCO) to open the roadblock for one hour to allow his body to be returned to his home for funeral preparations. The request was refused. Instead family members and friends had to carry his corpse over the earthmound once again, and then carry the casket over for the funeral in An Nabilyas. Elderly family members then had difficulty attending the funeral as they struggled to climb over the pile of rubble.

In a serious case of closing the stable door after the horse has bolted, DCO this morning ordered for the Izbit at Tabib roadblock to be removed, in response to Ahmad’s death.

Released prisoner speaks

On Monday 3rd December a 25 year old man from An Nabilyas near Qalqilya was released from Naqab prison – one of the 429 prisoners released by Israel as a so-called “goodwill” gesture for the Annapolis peace talks. Mousa had served 6 years of his 12 year sentence. Whilst happy to be free, Mousa’s story highlights the torture techniques implemented by the Israeli forces, and the brutal conditions Palestinian prisoners endure in Israeli prisons.

Arrested in Azzoun, Mousa was initially taken to Petakh Tikva for interrogation – which lasted 78 days. He reports that for the first two days he was interrogated without pause, and was continually beaten. Mousa recounts that up to sixteen Shabbaq members would beat him at a time – kicking and punching him. He was denied sleep, with Israeli forces beating him if he fell asleep. He was regularly suspended from the ceiling by his bound wrists – with just the tips of his toes touching the ground, “like ballet”. For the next eight days he was still beaten continuously, but was occasionally allowed sleep in solitary confinement (known as “zinzana”) for around 30 minutes at a time. After the first ten days the beatings decreased, but he was kept suspended from the ceiling for approximately 14 hours each day whilst being interrogated.

Throughout his interrogation period, threats were made that his whole family would be jailed, with specific threats involving the abuse of his mother and sisters. Attempts were constantly made to force confession for crimes he did not commit, such as specific murder cases. Mousa’s only response would be “I didn’t do it”, which earned him more beatings.

Visits to the bathroom were determined by the mood of the interrogators – sometimes he would be allowed to use bathroom facilities, other times denied for long periods. The only drinking water available to him was in the bathroom, which seemed to him unsafe as it was murky and foul-smelling. Unlike some other prisoners who have reported being starved during their interrogation period, Mousa was fed twice each day, but with only two small pieces of bread, a spoon of yoghurt and half a tomato – barely enough to keep him alive.

After 78 days of interrogation, Mousa was moved to six different prisons during his six years of incarceration. He was finally taken to Naqab (Ketziot) prison where most of the prisoners chosen for the Annapolis release were held. Prisoners were told that they would be released on 21 st November, but this date came and went without release. In fact there were four false promises of release before finally prisoners were freed last Monday. During this time prisoners were kept in inhumane conditions, with insufficient food and blankets. Mousa reports that he was 72kgs when he was sent to Ketziot, but was only 60kgs when released.

Upon release, none of Mousa’s possessions were returned to him – not even his identification card. Prison officials claim that these have been lost, rendering Mousa stranded until he can procure a new identification – a process that can take approximately one month, or longer. Until then Mousa’s situation is extremely precarious, as he can be arrested and returned to jail if he ventures out onto the street without identification.

Mousa claims to be one of only 150 prisoners released who had a significant period of their sentence remaining. The rest, he claims, had only one to two months left, or had even finished their sentences and were kept an extra week or two to be included in the release, a criticism echoed by Fatah leader Marwan Barghouti in a complaint made to visiting Israeli Knessett members. Mousa was also extremely critical of the fact that 1818 Palestinians have been arrested since July, and that currently more than 100 men and boys from Azzoun are imprisoned by Israeli forces, stressing that his release was nothing more than a publicity stunt.

Whilst extremely happy to be with his family (his cousin noted: “He has not smiled like this for six years”), Mousa is shocked at the Palestine he has encountered upon his release. For though his parents had told him about the apartheid wall, he was stunned to discover it was so close to his village and just how much Palestinian land it had taken. “I have come from the inside prison to the outside prison.”