Israel pushes Dutch to freeze funds for group exposing ‘IDF crimes in Gaza’

Barak Ravid | Ha’aretz

26 July 2009

Following protests by Israel, the Netherlands will reevaluate its funding of an organization that alleged that Israeli troops used Palestinians as human shields in Gaza.

Acting on instructions from the Foreign Ministry in Jerusalem, the Israeli ambassador to the Netherlands, Harry Knei-Tal, met last week with the director-general of the Dutch Foreign Ministry and complained about the Dutch embassy’s funding of Breaking the Silence.

The Israeli ambassador suggested that the Netherland’s funding of the organization should be terminated. “The Dutch taxpayer’s money could be better used to promote peace and human rights,” a source quoted Knei-Tal as saying.

According to sources familiar with the situation, Dutch Foreign Minister Maxime Verhagen – considered one of Israel’s staunchest supporters in the European Union – did not know that the embassy in Tel Aviv was funding Breaking the Silence. He learned about it after the organization’s funding sources were published in an article in The Jerusalem Post.

Sources say Verhagen reproached senior figures in the Dutch Foreign Ministry upon learning this and gave instructions to launch an internal investigation on the matter. It showed that the embassy in Israel gave Breaking the Silence 19,995 euros to help put together its 2009 report, which discusses Operation Cast Lead and was released earlier this month. Had this figure been five euros higher, it would have required approval from The Hague.

The director-general of the Dutch Foreign Ministry told the Israeli ambassador that in light of the probe, funding for Breaking the Silence would be reevaluated because of the political sensitivities of the issues covered by the organization.

Breaking the Silence, which was founded by Israeli army veterans, has collected what it says are damning testimonies from soldiers who took part in the January offensive against Hamas in Gaza. The report contains almost 30 anonymous testimonies.

An Israeli diplomat said that in the meeting last week, Knei-Tal said Israel was a democratic country and that such funds should go to places without democracy. Breaking the Silence was a legal and legitimate organization, he said, according to sources, but its funding by the Dutch was unreasonable “in light of the political sensitivities.”

According to a senior Israeli official: “A friendly government cannot fund opposition bodies. We are not a third world country.”

The director-general of the Dutch Foreign Ministry said Spain had also funded Breaking the Silence. A diplomat in Jerusalem said Breaking the Silence had also been funded by the British government. Israel has not yet approached Spain or Britain on the matter.

IDF soldier: We used Palestinians as human shields

Amos Harel | Ha’aretz

15 July 2009

The Israel Defense Forces used Palestinians as human shields during Operation Cast Lead last January despite a 2005 High Court ruling outlawing the practice, a Golani brigade soldier says. He says he did not see Palestinians being used as human shields but was told by his commanders that this occurred.

The soldier says his unit employed a variation of the practice, the so-called “neighbor procedure,” when it checked homes for Palestinian militants.

The soldier’s testimony appears in a collection of accounts being published this week by Breaking the Silence, an organization that collects IDF soldiers’ testimony on human rights abuses by the military. The Golani soldier gave similar testimony in a meeting with a Haaretz reporter.

The IDF Spokesman’s Office, for its part, says that “the IDF regrets the fact that a human rights organization would again present to the country and the world a report containing anonymous, generalized testimony without checking the details or their reliability, and without giving the IDF, as a matter of minimal fairness, the opportunity to check the matters and respond to them before publication.”

The soldier’s allegations relate to IDF conduct during fighting in the eastern part of Gaza City. The soldier, a staff sergeant, says that in his unit and others, Palestinians were often sent into houses to determine if there was anyone inside.

“The practice was not to call it ‘the neighbor procedure.’ Instead it was called ‘Johnny,'” the soldier said, using IDF slang for Palestinian civilians. The IDF employed this practice extensively during the second intifada, before it was outlawed by the High Court of Justice in 2005.

At every home, the soldier said, if there were armed occupants, the house was besieged, with the goal of getting the militants out of the building alive. The soldier said he was present at several such operations.

In an incident his commanders told him about, three armed militants were in a house. Attack helicopters were brought in. “They … again sent the [Palestinian] neighbor in. At first he said that nothing had happened [to the armed men],” the soldier said.

“Again they brought in attack helicopters and fired. They again sent in the neighbor. He said there were two dead and one still alive. They then brought in a bulldozer and began to knock the house down on him until [the neighbor] entered.” The soldier said he had been told that the only militant remaining alive was captured and turned over to the Shin Bet security service.

The Golani soldier also testified that his commanders reported incidents in which Palestinians were given sledgehammers to break through walls to let the army enter through the side of houses. The army feared that the doors were booby-trapped.

The soldier added, however, that although the unit commander justified the use of the so-called Johnny procedure, the commander said he was not aware that sledgehammers had been given to civilians or that weapons were pointed at civilians. The commander said the allegations would be looked into.

The soldier said he had heard of other instances in which Palestinian civilians were used as human shields. One time, for example, a Palestinian was put at the front of an IDF force with a gun pointed at him from behind. But the soldier said he had not seen this himself.

The IDF Spokesman’s Office said in a statement that on initial consideration, a few of the allegations appear to be similar to allegations published several months ago after a lecture by officers to cadets at a pre-military academy.

“Now, too,” the spokesman said, “a considerable portion of the testimony is based on rumors and secondhand accounts. Most of the incidents relate to anonymous testimony lacking in identifying details, and accordingly it is not possible to check the allegations on an individual basis in a way that would enable an investigation, confirmation or refutation.”

The spokesman said the Breaking the Silence report suggests that the organization might not be interested in a reliable comprehensive examination of the allegations, “and to our regret this is not the first time the organization has taken this course of action. The IDF is obligated to examine every well-founded complaint it receives.”

The spokesman also noted that allegations by Breaking the Silence containing specifics would be investigated.

“The IDF expects that every soldier and commander who suspects there was a witness to a violation of orders or procedures, and especially with respect to violations causing injury to noncombatants, will bring all of the details to the attention of authorized parties,” the spokesman said.

U.K. hits Israel with partial arms embargo over Gaza war

Barak Ravid | Ha’aretz

13 July 2009

Britain has slapped a partial arms embargo on Israel, refusing to supply replacement parts and other equipment for Sa’ar 4.5 gunships because they participated in Operation Cast Lead in the Gaza Strip earlier this year.

Britain’s Foreign Office informed Israel’s embassy in London of the sanctions a few days ago. The embassy, in a classified telegram to the Foreign Ministry in Jerusalem, said the decision stemmed from heavy pressure by both members of Parliament and human rights organizations.

The embargo followed a government review of all British defense exports to Israel, which was announced three months ago. In total, the telegram said, Britain reviewed 182 licenses for arms exports to Israel, including 35 for exports to the Israel Navy. But it ultimately decided to cancel only five licenses, all relating to the Sa’ar 4.5 ships. The licenses in question apparently cover spare parts for the ship’s guns.

The British said the embargo was imposed because these ships participated in Operation Cast Lead. In so doing, the British claimed, they violated the security agreements between Britain and Israel, which specify what uses may be made of British equipment.

Last week, Britain’s foreign and defense ministries informed the relevant companies that they would have to cease their planned arms deals with Israel’s navy.

Ever since the Gaza operation, British MPs and nongovernmental organizations have been trying to persuade London to impose a complete arms embargo on Israel. However, the British government has rejected this demand.

In February, Amnesty International published a report on arms sales to Israel in which it highlighted Britain’s role in supplying engines for Hermes 450 drones. According to Amnesty, Israel uses these drones to conduct assassinations in Gaza. The report prompted the Palestinian organization Al-Haq to file a suit against the British government, arguing that British arms sales facilitate Israeli operations in Gaza.

In April, Foreign Secretary David Miliband informed Parliament that Britain would reexamine all its defense exports to Israel in light of Operation Cast Lead. An Israeli Foreign Ministry official said that since then, Britain’s military attache in Israel has requested information on the uses Israel made of various types of British-supplied equipment during Cast Lead.

Foreign Ministry officials said that only a small percentage of Israel’s defense-related imports come from Britain. According to data suppled by Britain’s department of trade, these sales total some 20 million pounds – about NIS 130 million.

The British embargo is not expected to have any impact on the navy’s operational capability. However, it has great political significance, and could encourage other countries to halt defense exports to Israel. The country considered most likely to be next is Belgium, which sells Israel equipment used to disperse demonstrations.

In response the British Embassy in Tel Aviv issued a statement saying, “On 21 April 2009 the Foreign Secretary issued a Written Ministerial Statement about U.K. exports to Israel which may have been used by the Israel Defense Forces during the conflict in Gaza. This statement makes clear that all exports are subject to stringent controls.

“The statement sets out clearly the detail of U.K. components in equipment that may have been used in Operation Cast Lead. U.K. equipment was not exported for specific use in Operation Cast Lead and export licenses were issued based on all the evidence available at the time they were granted.

“Future decisions will take into account what has happened in the recent conflict. We do not grant export licenses where there is a clear risk that arms will be used for external aggression or internal repression.

“We do not believe that the current situation in the Middle East would be improved by imposing an arms embargo on Israel. Israel has the right to defend itself and faces real security threats.

“This said, we consistently urge Israel to act with restraint and supported the EU Presidency statement that called the Israeli actions during operation Cast Lead ‘disproportionate.'”

Ni’lin demonstrators testify at the United Nations

6 July 2009

The West Bank village of Ni’lin has been demonstrating since the Israeli government began for a second time to construct the Apartheid Wall on village lands in May 2008. To date, Israeli forces have killed 5 residents of Ni’lin and critically injured 1 American solidarity activist. According to local medics who volunteer with the Palestinian Red Crescent, over 450 people have been injured during demonstrations as of April 2009.

Visibly, the violence from Israeli forces dramatically increased during and after the 22 day assault on Gaza that began on 27 December 2008. Israeli forces have killed 3 demonstrators since the beginning of the Gaza assault in Ni’lin. Additionally, the Israeli army has introduced new weapons against demonstrators; using the high-velocity tear gas projectile and a 0.22 calibre live ammunition shot by sniper fire as a means of crowd dispersal.

Two witnesses to the willful killings of Arafat Rateb Khawaje and Mohammed Khawaje with live ammunition on 28 December 2009, a Palestinian resident of Ni’lin and an Israeli solidarity activist, testified to the United Nations in Geneva on 6 July 2009.

Their testimonies are available on the United Nations video archives. The testimonies from Ni’lin are the 2nd to last on the webpage, labelled Mr. Sour and Mr. Jonathan Pollack.

________________________________________

Background on Ni’lin’s struggle

Israeli forces commonly use tear-gas canisters, rubber coated steel bullets and live ammunition against demonstrators.

To date, Israeli occupation forces have murdered five Palestinian residents and critically injured 1 international solidarity activist during unarmed demonstrations in Ni’lin.

  • 29 July 2008: Ahmed Mousa (10) was shot in the forehead with 5.56mm caliber live ammunition and pronounced dead upon arrival at a Ramallah hospital.
  • 30 July 2008: Yousef Amira (17) was shot in the head with two rubber coated steel bullets. He died in a Ramallah hospital 5 days later on 4 August 2008.
  • 28 December 2008: Arafat Rateb Khawaje (22) was shot in the back with 5.56mm caliber live ammunition and pronounced dead upon arrival at a Ramallah hospital.
  • 28 December 2008: Mohammed Khawaje (20) was shot in the head with 5.56mm caliber live ammunition. He died in a Ramallah hospital 3 days later on 31 December 2008.
  • 13 March 2009: Tristan Anderson (37), an American citizen, was shot in the head with a high velocity tear gas projectile. He is currently at Tel Hashomer hospital with an unknown
  • 5 June 2009: Yousef Akil Srour (36) was shot in the chest with 0.22 caliber live ammunition and pronounced dead upon arrival at a Ramallah hospital.

In total, 35 people have been shot by Israeli forces with live ammunition in Ni’lin: 7 were shot with 5.56mm caliber live ammunition and 28 were shot with 0.22 caliber live ammunition.

Since May 2008, residents of Ni’lin have been organizing and participating in unarmed demonstrations against construction of the Apartheid Wall. Despite being deemed illegal by the International Court of Justice in 2004, the Occupation continues to build the Wall, further annexing Palestinian land.

Ni’lin will lose approximately 2,500 dunums of agricultural land when construction of the Wall is completed. Israel annexed 40,000 of Ni’lin’s 58,000 dunums in 1948. After the occupation of the West Bank in 1967, the illegal settlements and infrastructure of Kiryat Sefer, Mattityahu and Maccabim were built on village lands and Ni’lin lost another 8,000 dunums. Of the remaining 10,000 dunums, the Occupation will confiscate 2,500 for the Wall and 200 for a tunnel to be built under the segregated settler-only road 446. Ni’lin will be left with 7,300 dunums.

The current entrance to the village will be closed and replaced by a tunnel to be built under Road 446. This tunnel will allow for the closure of the road to Palestinian vehicles, turning road 446 into a segregated settler-only road . Ni’lin will be effectively split into 2 parts (upper Ni’lin and lower Ni’lin), as road 446 runs between the village. The tunnel is designed to give Israeli occupation forces control of movement over Ni’lin residents, as it can be blocked with a single military vehicle.

________________________________________

UN Gaza inquiry wraps up hearings | BBC News

8 July 2009

Richard Goldstone said his four member team had been shaken by the extent of the destruction in Gaza.

Witnesses from Gaza, Israel and the West Bank gave testimony in public hearings in Gaza and Geneva.

Israel has refused to co-operate, accusing the UN Human Rights Council of bias against it.

The investigation is looking into whether Israel and Hamas committed war crimes during Israel’s three-week operation in Gaza in December and January.

The Human Rights Council has been accused of singling out Israel unfairly, although Mr Goldstone, who is Jewish, is a respected South African war crimes prosecutor.

Israel did not provide visas for the investigators to visit the south of Israel, which has suffered years of Palestinian rocket fire, or the West Bank, and the team entered Gaza from Egypt.

In two days of hearings last weeks, Gaza residents described harrowing stories of bereavement and injury during the Israeli operation.

And on Monday and Tuesday, residents of southern Israel, weapons experts, Palestinian lawyers and the father of captured Israeli soldier Gilad Shalit gave testimony.

“The testimonies we have heard from victims and witnesses… have been very difficult to hear, but I believe it is important that we listen to these stories,” Mr Goldstone told a news conference.

“Obviously on this mission, visiting Gaza was very important, not only to listen to people but to see the physical damage. That shook all of us, the extent of it,” Goldstone said.

Previous investigations

It is the first time a UN fact-finding mission has held such public hearings.

Mr Goldstone said written questions would now be submitted to Israel and Hamas and the team was aiming to present its report in September.

Several investigations into alleged violations of international law during Israel’s 22-day operation in Gaza, which ended on 18 January, have now reported back.

UN Secretary General Ban Ki-moon has requested more than $11m (£7m) compensation from Israel for damage to UN property in Gaza, after a limited UN inquiry accused Israel of targeting known civilian shelters and providing untrue statements to justify actions in which civilians were killed.

The report found Israel to blame in six out of nine incidents when death or injury were caused to people sheltering at UN property and UN buildings were damaged.

The Israeli military has concluded in an internal investigation that its troops fought lawfully, although errors did take place, such as the deaths of 21 people in a wrongly targeted house.

International human rights group Amnesty International accused both sides of committing war crimes in a detailed report on the conflict last week.

Palestinian rights groups say more than 1,400 Palestinians were killed during the January conflict. Israel puts the figure at 1,166.

Israeli and Palestinian estimates also differ on the numbers of civilian casualties.

According to the United Nations, the Israeli military campaign left more than 50,000 homes, 800 industrial properties and 200 schools damaged or destroyed, as well as 39 mosques and two churches.

Israeli to UN: Palestinian detainees kept in ditches

Daniel Edelson | YNet News

7 July 2009

A member of the Public Committee Against Torture in Israel (PCATI) testified in Geneva on Tuesday before a United Nations investigation team looking into the Israeli offensive in Gaza about half a year ago.

Attorney Majd Bader, an Arab Israeli, told the committee that Palestinians detained by Israel during Operation Cast Lead were held in detention under ‘disgraceful” conditions and were subjected to violent Shin Bet interrogations and constant threats.

Speaking to Ynet, Bader said that during his testimony he spoke of the “acute problems of Gazans who are being held in Israeli prisons.”

“Some of them said the IDF held detainees in ditches that had been prepared in advance; 50 to 70 people were squeezed into ditches two to three meters (6.5-10 feet) deep and some 50 meters (164 feet) wide,” he said.

The PCATI representative said the detainees testified to being held handcuffed and blindfolded with no access to restrooms, food or water.

‘Clear findings needed’

As for the interrogations by the Shin Bet security service, Bader said these included the use of physical and verbal abuse and threats on the detainees and their families.

“Some detainees said they were allowed very little sleep for days on end and claimed they were handcuffed in a painful way,” he said.

Bader further complained that the detainees are prevented from meeting their lawyers and that their families could not visit them due to the Israeli blockade on Gaza.

The attorney expressed his hope that the committee would publish clear findings “that will prevent the recurrence of human rights infringements on the part of both sides.”

Bader said he believed Israel’s decision not to cooperate with the committee was a mistake. “The government should not have boycotted the committee if it was confident in the moral and legal justification of its ways,” he said.

“Israel should have established an independent investigative committee to examine the allegations.”