Israel on trial

George Bisharat | The New York Times

3 April 2009

Chilling testimony by Israeli soldiers substantiates charges that Israel’s Gaza Strip assault entailed grave violations of international law. The emergence of a predominantly right-wing, nationalist government in Israel suggests that there may be more violations to come. Hamas’s indiscriminate rocket attacks on Israeli civilians also constituted war crimes, but do not excuse Israel’s transgressions. While Israel disputes some of the soldiers’ accounts, the evidence suggests that Israel committed the following six offenses:

• Violating its duty to protect the civilian population of the Gaza Strip. Despite Israel’s 2005 “disengagement” from Gaza, the territory remains occupied. Israel unleashed military firepower against a people it is legally bound to protect.

• Imposing collective punishment in the form of a blockade, in violation of Article 33 of the Fourth Geneva Convention. In June 2007, after Hamas took power in the Gaza Strip, Israel imposed suffocating restrictions on trade and movement. The blockade — an act of war in customary international law — has helped plunge families into poverty, children into malnutrition, and patients denied access to medical treatment into their graves. People in Gaza thus faced Israel’s winter onslaught in particularly weakened conditions.

• Deliberately attacking civilian targets. The laws of war permit attacking a civilian object only when it is making an effective contribution to military action and a definite military advantage is gained by its destruction. Yet an Israeli general, Dan Harel, said, “We are hitting not only terrorists and launchers, but also the whole Hamas government and all its wings.” An Israeli military spokeswoman, Maj. Avital Leibovich, avowed that “anything affiliated with Hamas is a legitimate target.”

Israeli fire destroyed or damaged mosques, hospitals, factories, schools, a key sewage plant, institutions like the parliament, the main ministries, the central prison and police stations, and thousands of houses.

• Willfully killing civilians without military justification. When civilian institutions are struck, civilians — persons who are not members of the armed forces of a warring party, and are not taking direct part in hostilities — are killed.

International law authorizes killings of civilians if the objective of the attack is military, and the means are proportional to the advantage gained. Yet proportionality is irrelevant if the targets of attack were not military to begin with. Gaza government employees — traffic policemen, court clerks, secretaries and others — are not combatants merely because Israel considers Hamas, the governing party, a terrorist organization. Many countries do not regard violence against foreign military occupation as terrorism.

Of 1,434 Palestinians killed in the Gaza invasion, 960 were civilians, including 121 women and 288 children, according to a United Nations special rapporteur, Richard Falk. Israeli military lawyers instructed army commanders that Palestinians who remained in a targeted building after having been warned to leave were “voluntary human shields,” and thus combatants. Israeli gunners “knocked on roofs” — that is, fired first at corners of buildings, before hitting more vulnerable points — to “warn” Palestinian residents to flee.

With nearly all exits from the densely populated Gaza Strip blocked by Israel, and chaos reigning within it, this was a particularly cruel flaunting of international law. Willful killings of civilians that are not required by military necessity are grave breaches of the Geneva Conventions, and are considered war crimes under the Nuremberg principles.

• Deliberately employing disproportionate force. Last year, Gen. Gadi Eisenkot, head of Israel’s northern command, speaking on possible future conflicts with neighbors, stated, “We will wield disproportionate power against every village from which shots are fired on Israel, and cause immense damage and destruction.” Such a frank admission of illegal intent can constitute evidence in a criminal prosecution.

• Illegal use of weapons, including white phosphorus. Israel was finally forced to admit, after initial denials, that it employed white phosphorous in the Gaza Strip, though Israel defended its use as legal. White phosphorous may be legally used as an obscurant, not as a weapon, as it burns deeply and is extremely difficult to extinguish.

Israeli political and military personnel who planned, ordered or executed these possible offenses should face criminal prosecution. The appointment of Richard Goldstone, the former war crimes prosecutor from South Africa, to head a fact-finding team into possible war crimes by both parties to the Gaza conflict is an important step in the right direction. The stature of international law is diminished when a nation violates it with impunity.

George Bisharat is a professor at the University of California Hastings College of the Law.

Congresswoman Lee makes statement regarding Tristan Anderson

Barbara Lee

Congresswoman Barbara Lee makes a statement regarding the American citizen, Tristan Anderson, who was shot in the head with a tear-gas projectile on 13 March 2009 by Israeli forces.

Anderson, currently in critical condition at Tel Hashomer hospital near Tel Aviv, was shot during a demonstration in the West Bank village of Ni’lin.

Israeli exporters lose business as BDS campaigns strengthen

Sharon Wrobel | Jerusalem Post

30 March 2009

Local exporters are losing foreign markets and customers because of the global economic crisis and a growing anti-Israel boycott of locally made products following Operation Cast Lead, the Israel Manufacturers Association said Sunday.

“In addition to the problems and difficulties arising from the global economic crisis, 21 percent of local exporters report that they are facing problems in selling Israeli goods because of an anti-Israel boycott, mainly from the UK and Scandinavian countries,” said Yair Rotloi, chairman of the association’s foreign-trade committee.

A survey conducted among 90 exporters from a variety of sectors found that 53% had lost foreign markets and customers as a result of the global economic crisis. In addition, 62% said they were having trouble collecting payments from foreign clients, while 49% said their customers have asked to pay in installments.

Foreign customers had forced 66% of Israeli exporters to cut prices because of the economic climate, the survey showed.

Twenty-nine percent of exporters reduced business travel abroad by more than 30%, 11% cut it 20%, 6.5% reduced it 10% and 43% reported no change. Twenty-six percent of exporters said business visits by their foreign customers had declined.

Free Gaza Movement: Hope Fleet to Gaza

Free Gaza Movement

30 March 2009

The Free Gaza Movement will again challenge Israel’s illegal closure of the Gaza Strip and collective punishment of its civilian population by sailing the HOPE FLEET, a flotilla of passenger and cargo ships, to Gaza at the end of May 2009 – to be followed by freedom riders this summer. We are turning to you, our friends & supporters, to help make Hope come alive.

Our small yet committed group has already made five successful voyages to Gaza, delivering needed human rights workers & humanitarian supplies, taking out Palestinian students and medical patients, and helping to lessen Gaza’s terrible isolation from the world. We are confident that with the universal outrage over Israel’s massacres in Gaza we will be able to send a flotilla of ships to shatter the siege and deliver a message of international hope and solidarity to the people of Palestine.

March 30th, 2009 marks the BDS (Boycott/Divestment/Sanctions) Global Day of Action against Israeli violence. Responsible BDS actions were used to end apartheid in South Africa. Today, Israeli policies of racism, ethnic cleansing and the brutal military occupation of Palestine demand equally determined & direct action to overcome them. When our governments fail to act, we – the citizens of the world – must stand up and make our voices heard. Article 13 of the Universal Declaration of Human Rights grants all people the right to leave and return to their own country – a right that Israel summarily denies Palestinians.

We are looking for ships wishing to join the Hope Fleet and sail to Gaza in late May, and we are looking for high-profile people, including parliamentarians and celebrities, who want to join us and demand that a besieged Gaza cannot forever remain an open-air prison with no access to the world. The Free Gaza Movement will continue to challenge Israel’s brutal policies. We will go to Gaza again, and again, and again, until the Israeli siege is broken and the people of Gaza have access to the rest of the world.

We will begin collecting names and information as we ready for this historic voyage. With your help, we will make the HOPE FLEET a reality.

NYCBI launches Motorola boycott

New York Campaign for the Boycott of Israel

30 March 2009

Why Boycott?

In the wake of Israel’s recent assault on the people of Gaza and the US government’s complicity in the attacks, we as people of conscience in the US must challenge Israeli policies. Israel systematically violates Palestinian human rights through unrelenting checkpoints, surveillance, house demolitions, and military aggression. Hundreds of Palestinian civil society organizations have called on the world to work on campaigns of boycott, divestment, and sanctions (BDS) against Israel and New York is taking up the call! We, the New York Campaign for the Boycott of Israel, call for a boycott of Motorola until it stops profiting from and supporting Israeli apartheid.

Why Motorola?

We demand Motorola end its production and sale of fuzes to the Israeli military

Motorola Israel produces fuzes used in cluster bombs, ‘bunker-buster’ bombs, and a variety of other bombs. Cluster bombs, whose export was recently banned by the US government, are each composed of hundreds of exploding bomblets that spray metal shrapnel over a large area when they explode.

Cluster bombs are specifically condemned by an international consensus of human rights organizations, banned by many countries, and even the US government has voiced concern over their use, especially in civilian areas. Despite this, Israel has regularly used cluster bombs in the past few years.

We demand Motorola end its transfer and/or sales of all communication devices to the Israeli military

Motorola Israel acquired a $100 million contract to provide a nationwide military data encrypted cellular network, “Mountain Rose,” for the Israeli Defense Forces, allowing commanders to communicate securely anywhere they operate.

The IDF is accelerating investment in Motorola Israel’s Mountain Rose system in a time of cutbacks because of its critical role in developing Israel’s land-warfare maneuvering capacity.

We demand Motorola end its transfer and/or sales of all products that aid and support Israel’s settlements including all radar detection devices

Motorola supplies the Israeli military with the Wide Area Surveillance System (WASS) and other high-tech configurations of radar devices and thermal cameras used to keep Palestinian civilians under constant surveillance on their own land.

Motorola surveillance systems are being installed around Israeli settlement/colonies and the apartheid wall that Israel has constructed in the Palestinian West Bank. This shows that Israel has no intention of dismantling the illegal settlements or ending its occupation of Palestinian land.

What can I do?

1. Join us at the demo
2. Don’t buy Motorola
3. Say goodbye to Moto! Sign our pledge not to purchase Motorola
4. Spread the word