Tag: Cast Lead

UN assesses trauma of Gaza conflict

Al Jazeera

29 June 2009

A UN human rights mission on the Gaza conflict is hearing from a range of experts on the social and the psychological effect of Israel’s 22-day war on Gaza.

On the second of the two-day inquiry on Monday, a child psychologist told the panel that an estimated 20 per cent of children in Gaza suffer post-traumatic stress syndrome as a result of witnessing violence.

Dr Iyad Sarraj said: “The amount of killing and blood that they have seen or that their relatives have suffered from … is a huge amount, and this leads to negative psychological feelings, to radicalism and a cycle of violence.”

Lost livelihoods

Al Jazeera’s Sherine Tadros in Gaza, where more than half of the population of 1.5 million people is under 18-years of age, said Sarraj told the panel that six months after the war the trauma is still present among children.

“During the war we spent the night with a family and we saw first hand the kind of trauma that Dr Sarraj was talking about in terms of the children and how frightened they were when the bombs were going off,” she said.

The panel also heard from the head of a women’s group in Gaza City, who said that most of those who died in the conflict were men, leaving behind the women they provided a livelihood for, Tadros said.

“Even months after the war the women are still suffering because they have lost their livelihood and have to go out and work,” she said, adding that this was flagged up as a “major problem”.

The hearing, which is being broadcast live for the public, will also include testimony from experts on the military operation on the Palestinian enclave.

The panel is to hold a second round of public hearings on July 6 and 7 in Geneva where it will hear from the victims of alleged violations in Israel and the West Bank.

The UN chose the Swiss city as the venue of the second round of hearings because the fact-finding mission did not receive permission to enter Israel.

The public hearings were called for by Richard Goldstone, the head of the 15-member team and previously a member of the South African constitutional court.

The mission is due to complete a report with its findings in August.

Israeli offensive

Israel launched its offensive against Gaza on December 27, citing rocket attacks from the enclave that caused injuries to residents and damage to property in Sderot and other towns.

The military operation killed more than 1,400 Palestinians, including more than 900 civilians, among them scores of children, according to Palestinian officials and human rights groups.

It also destroyed thousands of homes and heavily damaged Gaza’s infrastructure.

Israel says the death toll was lower and most of the dead were Hamas fighters.

Thirteen Israelis were also killed during the fighting.

Gaza’s reconstruction is being hampered by Israel’s blockade of Gaza, which dates back to June 2007 when Hamas took control of the territory.

Since then, Israel and Egypt, which control Gaza’s only border crossing that bypasses Israel, have kept the territory of 1.5 million aid-dependent people sealed to all but essential humanitarian supplies.

Israel has insisted that the blockade is necessary to prevent Hamas from arming itself. Human-rights groups say it is a “collective punishment” that wrongly hurts ordinary civilians.

The fact-finding mission is mandated by the UN to investigate all violations of international human rights and humanitarian laws that might have been committed at any time in the context of the military operations conducted in Gaza.

UN public hearing in Gaza broadcasts accounts of war victims

Rory McCarthy | The Guardian

30 June 2009

The UN has held an unprecedented public hearing in Gaza to broadcast live witness accounts from Palestinians who described seeing their relatives killed and injured during Israel’s January war.

One after another, they detailed Israeli rocket strikes and artillery shelling near a mosque, a UN school and on several homes across Gaza during the three-week war. The two-day hearing is part of an inquiry by the UN human rights council into the war led by the respected South African judge, Richard Goldstone.

Israel has refused entry for the inquiry team, accusing the UN council of an anti-Israel bias even though Goldstone himself is Jewish. But another round of hearings will be held in Geneva next week, for which some Israeli witnesses are expected to be flown in. They may include residents of Sderot, near Gaza, which has suffered repeated Palestinian rocket attacks.

“The purpose of the public hearings in Gaza and Geneva is to show the faces and broadcast the voices of victims – all of the victims,” Goldstone said last week. He had sat on South Africa’s constitutional court after the fall of apartheid and was a chief prosecutor on the UN criminal tribunals for the former Yugoslavia and Rwanda.

Yesterday’s public hearing was the first in a UN fact-finding mission, though there is little chance it will lead to prosecutions. Up to 1,400 Palestinians and 13 Israelis were killed during the war.

Mousa Silawi, 91, described an explosion at the entrance to a mosque in the Jabaliya refugee camp late on 3 January, which killed 17 people, including three of his sons and two grandchildren.

“After evening prayer a huge shell hit the mosque,” he said. “It was absolutely incredible. We starting screaming and calling for God.” Silawi, who is blind, was led away to safety and was then told that his sons had died. “Where is law? Where is justice? I have lived 91 years. I have seen everything, but nothing of this sort. It was such a catastrophe,” he said. His son, Moteeh, the mosque’s sheikh, said there had been no warning before the missile struck. “People came to the mosque for safety and we saw bloodshed,” he said. “I was leading my father out when my own foot stepped on the head of a small child,” he said. “I saw people carrying decapitated heads and parts of bodies. I cannot describe what I saw … What crime did the children commit?”

In another case Ziad al-Deeb, a university student, described how an Israeli shell struck in the courtyard of his family home in Jabaliya on 6 January. The blast killed 11 of his relatives and sliced off both his legs. First he heard an explosion just outside the wall of the house and then moments later a second shell landed in their yard.

“In a single instant we had all of our joys replaced with blood,” he said. “There was a severe whistling in my ears and a pillar of smoke and dust and that obliterated what happened. When I looked up I found I had lost both my legs. I was sprawled over the body of my own brother. I looked for my father and others, and I found them motionless. Most of them were dead.”

He lost his father, grandfather, two brothers and a sister in the blast, which was one of several mortar shells that fell in quick succession that afternoon near a UN prep school being used as a shelter for those fleeing the fighting. Between 30 and 40 Palestinians were killed near the school. An earlier UN inquiry has already found Israel responsible for the shelling.

After hearing his evidence, Goldstone said: “We extend our deep condolences to you and your family for your terrible loss and it makes your coming here all the more painful for you.”

Yesterday’s hearing was held at a UN office in Gaza City and then broadcast live to a hall at a nearby cultural centre, deserted save for a handful of journalists. However, the hearing was broadcast on some television stations, including one al-Jazeera channel. The UN inquiry team will issue a final report in August.

UN’s Gaza war crimes investigation faces obstacles

YNet News

9 June 2009

After interviewing dozens of war victims and poring through the files of human rights groups, a veteran UN war crimes investigator acknowledged that his probe into possible crimes by Israel and Hamas is unlikely to lead to prosecutions.

Israel has refused to cooperate, depriving his team access to military sources and victims of Hamas rockets. And Hamas security often accompanied his team during their five-day trip to Gaza last week, raising questions about the ability of witnesses to freely describe the militant group’s actions.

But the chief barrier remains the lack of a court with jurisdiction to hear any resulting cases.

“From a practical political point of view, I wish I could be optimistic,” Judge Richard Goldstone said, citing the legal and political barriers to war crimes trials.

Still, Goldstone hopes his group’s report — due in September — will spur action by other UN bodies and foreign governments.

Goldstone, a South African judge who prosecuted war crimes in the former Yugoslavia and Rwanda, refused to comment on the investigation’s content. But AP interviews with more than a dozen Gazans who spoke to the team reveal a wide-ranging investigation into the war’s most prominent allegations.

In Gaza, Goldstone’s 15-member team met with Hamas and UN officials, collected reports from Palestinian human rights groups and interviewed dozens of survivors.

Among them was a Bedouin man who told the investigators how he watched Israeli soldiers shoot his mother and sister dead as they fled their home waving white flags. But he, too, doubted he would see justice.

“The committee was just like all the others who have come,” said 46-year-old Majed Hajjaj. “There are lots of reports written, but they’re nothing more than ink on paper.”

The UN team also stepped through the shrapnel-peppered doorway of a mosque where an Israeli missile strike killed 16 people, witnesses said. During the war, Israel accused Hamas of hiding weapons in mosques. Witnesses said no weapons or militants were present.

They inspected holes in the street near a UN school where Israeli artillery killed 42 people, and visited the charred skeleton of a hospital torched by Israeli shells. In both cases, the army said militants had fired from nearby, and witnesses said some had been near the school.

And they visited the Samouni family, whose members say they took refuge on soldiers’ orders in a house that was then shelled, killing 21 people.

Israel denies the account, but says the house may have been hit in crossfire with militants.

Israel launched the offensive to stop eight years of Hamas rocket attacks. Palestinian human rights groups say more than 1,400 Gazans were killed, most of them civilians. Israel says around 1,100 Gazans were killed and that most were militants, but — unlike the Palestinian researchers — did not publish the names of the dead. Thirteen Israelis were also killed, three of them civilians.

Human rights groups called for war crimes investigations soon after the war’s end, accusing Israel of disproportionate force and failing to protect civilians. Some groups and the Israeli army said Hamas fought from civilian areas and used human shields — all of which can be war crimes.

Hamas ‘very cooperative’

Israel’s refusal to cooperate meant that Goldstone — a Jew with close ties to the Jewish state — had to enter Gaza via Egypt.

Israel alleges anti-Israeli bias by the probe’s sponsor, the UN Human Rights Council, which has a record of criticizing Israel’s treatment of the Palestinians.

Defense Minister Ehud Barak said investigators could not reach an “unbiased conclusion” since they couldn’t question those who fired rockets at Israel.

When asked if the team met with Hamas fighters, team member Hina Jilani declined to comment, but said Hamas had been “very cooperative.”

A Hamas official, Ahmed Yousef, said he hoped the group’s report would be “like ammunition in the hands of the people who are willing to sue Israeli war criminals.”

Some survivors said the team pressed them on Israel’s assertion that it made warning phone calls before airstrikes and whether militants fought or fired rockets from their neighborhoods.

“They asked for all the details. Were there rockets fired from the area, why did they target this area specifically, stuff like that,” said Ziad Deeb, 22, who told the team how he lost 11 relatives and both his legs when an artillery shell exploded on his doorstep.

Alex Whiting, a professor at Harvard law school, called Goldstone “supremely qualified” for such an investigation, but said such cases are hard to investigate, especially without military records. He also said there are few mechanisms for prosecution if crimes are uncovered.

But even without prosecution, Whiting said, inquiries can spur countries to investigate themselves or affect future wartime conduct.

“Many times, the immediate result is a disappointment for the victims and survivors, but the hope is for the future,” he said.

Open letter from Gaza to the government and people of Spain

30 May 2009

We write to you as Palestinians from Gaza to express our dismay at the proposal of the Spanish parliament to restrict the universal jurisdiction of Spain, particularly with regard to breaches of international humanitarian law. The proposal called for the existing legislation to be modified so that cases may only be pursued if they involve Spanish victims or if the accused is present on Spanish soil.

At approximately midnight on 22 July 2002, an Israeli Air Force fighter jet dropped a 2,000 lb bomb on the densely populated Daraj neighborhood of Gaza city. The main target of the attack was the family home of Salah Shehada, Commander of the military wing of Hamas. The bomb killed Shehada and an additional seventeen civilians, including his wife, his daughter, eight children (including a 2-month old baby), two elderly men, and two women. In addition, seventy seven people were injured, eleven houses were completely destroyed and thirty two houses damaged, leaving many families homeless.

The Government of the State of Israel confirmed that it was fully aware that Shehada’s wife and daughter “[w]ere close to him during the implementation of the assassination … and there was no way out of conducting the operation despite their presence1.” The practice of wanton willful killing of civilians exemplified in this extra-judicial assassination is not an isolated incident. It is one instance in an ongoing, comprehensive policy targeting us the civilian Palestinians of the Gaza strip and systematically denying us our rights to movement, work, medical care, study, livelihood and increasingly life itself.

In spite of Israel’s alleged unilateral withdrawal from the Strip, it still maintains a permanent military presence in Gaza’s territorial waters and controls the movement of people and goods onto the strip by land, air or water in addition to movement within the strip through targeting anyone entering the “no go” zone designated by the Israeli military. Israel also continues to control Gaza’s population registry. Yet, Israel claims that it is no longer the occupying power in the Gaza strip and uses this excuse in addition to the results of 2006 democratic election to intensify it’s policy of siege and lethal attacks on us, Gaza’s civilians.

On the 29th of February 2008 Matan Vilnai, Deputy Defense Minister of the State of Israel, threatened us with a bigger Shoah (holocaust) and lived up to his word. During the following Israeli military assault on the Gaza Strip conducted in February 2008 dubbed as “Operation Hot Winter” The Israeli Occupation Forces killed 107 Palestinians including 64 children. The European Union, including Spain, not only refrained from taking action against the State of Israel for its policy of systematic mass murder, but announced its intent to upgrade its relations with the State of Israel. This announcement was the green light Israel needed to continue and escalate its policies, resulting in January 2009 assault on besieged Gaza.

The 1.5 million Palestinians in the besieged Gaza Strip, 80 per cent of whom are refugees expelled from their homes by Zionist forces in 1948, were subjected to 22 days of relentless Israeli state terror, whereby Israeli warplanes, in a repeat of what happened at Al-Darraj on 22.July.2002, systematically targeted civilian areas, reducing whole neighborhoods and vital civilian infrastructure to rubble, including several run by the UN, where civilians were taking shelter. International human rights organizations are now calling for a war crimes investigation into Israel’s military assault on Gaza in which the Israeli Occupation Forces killed 1,440 Palestinians of whom 431 were children, and injured 5380.

One ray of hope for us in this time was the decision of Judge Fernando Andreu of the Spanish Audencia Nacional (National Court) to continue the investigation into the events surrounding the al-Daraj bombing of July 2002. We consider this decision a manifestation of Europe’s promise and commitment to the principle of “never again” to stand by in silence while ethnic cleansing is taking place. We have hope that it will serve as a deterrent to other would be war criminals.

If the Spanish parliament’s resolution calling on the government to limit Spain’s universal jurisdiction mechanisms is accepted, it will lead to continued impunity for war criminals and complicity with future war crimes including the ongoing collective punishment and genocide directed against us, the civilian population of the Gaza strip.

Signed by:

-The One Democratic State Group – Gaza
-University Teachers’ Association in Palestine – Gaza
-Palestinian Student’s Campaign for the Academic Boycott of Israel
-Arab Cultural Forum – Gaza
-Al-Quds Bank for Culture and Information Society
-Society Friends for Rehabilitation of Visually Impaired

Spanish translation:

Carta abierta desde Gaza al gobierno y la población de España,

Os escribimos con consternación debido a la propuesta del Congreso de los diputados para restringir vuestra jurisdicción universal. En particular en lo que se refiere a las violaciones del Derecho Internacional Humanitario. La propuesta de modificación pretende conseguir que se actúe solo en casos en los que haya víctimas españolas o los acusados se encuentren en suelo español.

En la medianoche del 22 de Julio de 2002, un caza de combate de la Fuerza Aérea Israelí lanzó una bomba de casi dos toneladas sobre el barrio de Al Daraj, en la ciudad de Gaza. El objetivo principal de dicho ataque era la casa de Salah Sehadeh, Comandante del brazo armado de Hamas. La bomba le asesinó a él, a su guardaespaldas y a 14 civiles, incluyendo a su mujer, ocho niños (uno de ellos era un bebé de dos meses), dos ancianos y dos mujeres. Además alrededor de 150 civiles resultaron heridos, ocho casas fueron destruidas, nueve más resultaron dañadas y otras 21 sufrieron daños considerables, lo que derivó en dejar a decenas de familias sin hogar.

Los oficiales del ejército de ocupación israelí han reconocido que decidieron lanzar la bomba a sabiendas de que Sehadeh se encontraba junto a su mujer y su familia, asesinándola intencionalmente. La decisión de atacar fue tomada asumiendo que al menos 10 civiles morirían junto a él. La práctica de asesinatos selectivos, ejemplificada a través de este caso de ejecución extrajudicial no es de ninguna manera una práctica aislada. Es parte de una política en marcha que señala como objetivo al conjunto de los civiles de Gaza y niega sistemáticamente el derecho a la libertad de movimientos, trabajo, tratamiento medico, estudio, vida digna y, cada vez más, el derecho a la vida en su conjunto.

Pese a la supuesta retirada unilateral israelí de la Franja de Gaza, aún se mantiene una presencia militar constante en sus aguas territoriales, se restringe el movimiento de ciudadanos y bienes desde y hacia la Franja. También existe una zona de no-acceso dentro del territorio, decidida por el ejército israelí. Israel controla el censo de población. Y aún así Israel asegura que no es la potencia ocupante y utiliza esta excusa, junto al resultado de las elecciones de 2006 para mantener su bloqueo y ataque continuado contra nosotros, los civiles de Gaza.
El 29 de Febrero de 2008, Matan Vilnai, Vice-Ministro de Defensa del Estado de Israel nos amenazó con un “holocausto” aún mayor y cumplió su palabra. A lo largo del siguiente ataque militar contra la Franja de Gaza, desarrollado el mismo 2008, bajo la denominación “invierno caliente”, el ejército israelí asesino a 107 palestinos, entre ellos 64 niños. La Unión Europea, incluyendo a España, no solo no movió un dedo contra las actividades de Israel y su política de asesinatos masivos sino que anunció que elevaría sus relaciones con el Estado de Israel. Este anuncio constituyó la luz verde que Israel buscaba para continuar e incrementar su castigo contra Gaza, como pudimos observar los pasados meses de diciembre y enero

El millón y medio de palestinos de la Gaza asediada, el 80% de los cuales son refugiados expulsados de sus hogares por las milicias sionistas en 1948, han sido sometidos a 22 días de terror ininterrumpido en los que los aviones y tanques israelíes repitiendo a escala masiva lo que ya había sucedido en Julio de 2002 en el barrio de Al Darraj. Destruyeron sistemáticamente todo tipo de instalaciones civiles, reduciendo a escombros barrios enteros e incluso instalaciones de la Media Luna Roja y las Naciones Unidas donde miles de civiles buscaban refugio. Diversas organizaciones internacionales investigan la comisión de crímenes de Guerra durante un ataque que ha asesinado a 1440 palestinos, entre los cuales había 431 niños, y ha herido a otros 5380.

La decisión del Juez Andreu, miembro de la Audiencia Nacional, de continuar con la investigación de los hechos alrededor del bombardeo de Al-Darraj en Julio de 2002 era para nosotros un rayo de esperanza. La considerábamos una manifestación europea del “nunca más” al silencio frente a la limpieza étnica. Esperábamos que esto sirviera para evitar que los crímenes de Guerra se repitan y continúen impunes.

Si la resolución del Congreso de los Diputados que le pide al Gobierno que limite la jurisdicción universal se aprueba finalmente, incrementará la impunidad de los criminales de Guerra y cubrirá de complicidad con los crímenes de guerra a quienes la han impulsado y la aprueben

Firmado por:

-Grupo para un Estado único y democrático. Franja de Gaza.
– Asociación de Profesores de Universidad de Palestina. Franja de Gaza.
-Campaña de Estudiantes Universitarios por el Boicot académico al Estado de Israel.
– Forum Cultural árabe – Gaza
– Banco Al-Qud para la cultura y la información.
-Sociedad de rehabilitación de los deficientes visuales de la Franja de Gaza.

Spain signals end to war crimes, genocide hunting

Ben Harding | Reuters

20 May 2009

Spanish judges who tried to extradite ex-Chilean dictator Augusto Pinochet and investigate Bush administration officials over Guantanamo will likely be barred from doing so again after a parliamentary vote on Tuesday.

Under pressure from foreign governments, members of Spain’s congress almost unanimously passed a resolution which, if translated into law, would end the right of Spanish judges to investigate serious crimes like genocide anywhere in the world in cases where courts in the affected country do not act.

The resolution would restrict Spain, which had been praised by international campaigners, to only investigating cases in which the accused is in Spain or Spaniards are victims.

Spain’s Socialist government said earlier this year it would change the law after protests from Israel over the High Court’s decision in January to launch a war crimes probe into seven Israelis including former defence minister Binyamin Ben-Eliezer for a 2002 attack in the Gaza Strip that killed 14 civilians and a Hamas leader.

U.S. President Barack Obama has also expressed his opposition to moves by Spanish courts to begin a probe into former Bush officials, including then-Attorney General Alberto Gonzales, over torture allegations at Guantanamo Bay.

“There will be fewer places a victim can turn when he does not find justice in his own country,” said Reed Brody, spokesman for non-governmental organisation Human Rights Watch. “There’s no doubt that the diplomatic heavyweights were throwing their weight around”.

The opposition-backed resolution covering a number of reforms to the judicial system was backed by 338 deputies to eight against.

The vote is the first step in formally changing a law which was used by Judge Baltazar Garzon to request Pinochet’s arrest and extradition from Britain in 1998.

Although the British government ultimately allowed him to return to Chile, his arrest spurred efforts in Chile to prosecute the atrocities committed while he was in power.

European diplomats have privately expressed concern that the law could oblige them to arrest members of friendly governments under EU-wide legal agreements.

It is unclear whether any change in the law would be retroactive and wipe the slate clean of cases currently under investigation.

Those include a request by a Madrid judge to interrogate eight senior Chinese officials including its defence minister as part of an investigation into the deaths of at least 203 Tibetans during disturbances in 2008.