Heed voices calling for justice for Palestinians

Huwaida Arraf | The Seattle Times

24 April 2009

We Palestinians are often asked where the Palestinian Gandhi is and urged to adopt nonviolent methods in our struggle for freedom from Israeli military rule. On April 18, an Israeli soldier killed my good friend Bassem Abu Rahme at a nonviolent demonstration against Israeli confiscation of Palestinian land. Bassem was one of many Palestinian Gandhis.

One month prior, at another demonstration against land confiscation, Israeli soldiers fired a tear-gas canister at the head of nonviolent American peace activist Tristan Anderson from California. Tristan underwent surgery to remove part of his frontal lobe and is still lying unconscious in an Israeli hospital. In 2003, the Israeli military plowed down American peace activist Rachel Corrie with a Caterpillar bulldozer as she tried to protect a civilian home from demolition in Gaza. Shortly thereafter, an Israeli sniper shot British peace activist Tom Hurndall as he rescued Palestinian children from Israeli gunfire. He lay in a coma for nine months before he died.

Despite the killing of these unarmed civilians and documented evidence of systematic human-rights abuses, the U.S. continues to supply Israel with approximately $3 billion in military aid annually, allowing Israel to continue abusing Palestinians and preventing any meaningful resolution to the Palestinian-Israeli conflict.

The Israeli government orders the confiscation of Palestinian land for one of two main purposes: to build or expand illegal colonies or to construct the Wall that the International Court of Justice ruled illegal in 2004. In the case of Bassem’s village of Bil’in, even the Israeli Supreme Court ordered the Israeli government to change the route of the Wall, though Israel has yet to comply. Consequently, Palestinian farmers cannot reach their crops and they are devastated economically. Israel’s policy is intended to force Palestinians to give up and leave in order to survive.

When village residents gather weekly to protest, they use various creative methods of nonviolent resistance, including carrying mirrors up to the soldiers to show them “the face of occupation” or dressing as various politicians and wearing blindfolds to symbolize the world’s blind eye to their struggle. The Israeli military meets them and their Israeli and international supporters with tear gas, grenades, and bullets.

Eyewitness accounts and a YouTube video of Bassem’s killing attest to the fact that Bassem was not engaged in any kind of violent action when a soldier decided to fire a high-velocity tear gas canister — designed to be shot in the air or from a great distance — directly at his chest, fatally wounding him. In fact, just before he was shot, Bassem is heard calling to soldiers to stop shooting as a woman had been injured. Far too often, Israel tries to silence dissent by using disproportionate and sometimes lethal force against demonstrators.

In February, I led a delegation of American lawyers to the Gaza Strip to investigate Israel’s conduct in its 22-day military offensive during which more than 1,400 Palestinians were killed and more than 5,300 injured, most of them civilians — a rate of more than 60 killed per day. We found disturbing evidence of willful killing of civilians, wanton damage to civilian property and deliberate blocking of humanitarian aid. These are violations of international law that may constitute war crimes. During the offensive, Israel attempted to avert international outrage by refusing to let foreign journalists enter Gaza.

The United Nations has appointed a team of experts, led by a renowned human-rights advocate — Richard Goldstone, a Jewish, South African judge — to investigate the conduct of both Israel and Hamas. Hamas has agreed to cooperate, but Israel has indicated an intention to block the investigation. Israel tries to silence the human-rights community by preventing access to the occupied territory and refusing to cooperate with U.N.-mandated inquiries.

Israeli Foreign Minister Avigdor Lieberman claimed recently, “Believe me, America accepts all our decisions.” I do not believe, however, that the United States condones the killing of my friend Bassem. But if President Obama is serious about true peace in the Middle East, he must demonstrate that Lieberman is wrong, break the American silence, and heed the voices of those calling for justice.

Huwaida Arraf, J.D., specializes in international human rights and humanitarian law. In 2001 she co-founded the International Solidarity Movement.

Military exports to Israel reviewed following Gaza conflict

Nicholas Watt | The Guardian

22 April 2009

Britain announced last night that it is to review all its military exports to Israel in the light of the recent offensive in the Gaza Strip which killed around 1,400 Palestinians.

In a written statement to MPs, the foreign secretary, David Miliband, announced that all current and future licences permitting the export of military equipment would be reviewed in the light of the three-week Operation Cast Lead.

Miliband said Britain provided less than 1% of Israel’s military imports. But he acknowledged that some components supplied by Britain were “almost certainly” used by Israel in its military offensive. These were:

• Israeli reconnaissance satellites, for which Britain supplies minor components, which could have been used to provide information to the Israeli army. Miliband said: “We assess that these might have been used to prepare the operation but would not have played a significant part in the operation itself.”

• F16 aircraft were “widely used” to deliver precision-guided bombs, and incorporate British components. Britain has banned the export of F16 components directly to Israel since 2002. But British F16 components are exported to the US “where Israel was the ultimate end user”.

• Apache attack helicopters, which incorporate British components, exported to the US for use on helicopters “ultimately destined for Israel”.

• Saar-class corvette naval vessels, which incorporate a British 76mm gun, and took part in operations from waters off Gaza.

• Armoured personnel carriers, which included conversions of British-supplied Centurion tanks, and were used as mobile headquarters. The Centurions were sold to Israel in the late 1950s.

Miliband said that exports of military equipment to Israel require export licences which are subject to strict criteria. The most important state that the equipment must not be used for internal repression, must not provoke or prolong armed conflicts, and that the equipment will not be diverted within the buyer country.

Miliband said that the US provides 95% of Israel’s military equipment, with the EU supplying the rest. Britain provides 1%.

All licences covering this would be reviewed in the light of the Israeli military action. “It is inherent … that judgments are in part based on past practice, so evidence from Operation Cast Lead will be used in all future applications. I can confirm that we are looking at all extant licences to see whether any need to be reconsidered in light of recent events in Gaza,” he said.

OPT: Signs of worsening malnutrition among children

IRIN News

A six-month-old underweight girl with her grandmother in Gaza City. Her father was a medic who was killed during the recent conflict. The child comes two times a week to local NGO Ard El-Insan for nutritional supplements
A six-month-old underweight girl with her grandmother in Gaza City. Her father was a medic who was killed during the recent conflict. The child comes two times a week to local NGO Ard El-Insan for nutritional supplements

21 April 2009

Rising poverty, unemployment and food insecurity in Gaza, compounded by the recent 23-day Israeli offensive, have increased the threat of child malnutrition, say UN agencies, health ministry officials and healthcare NGOs in Gaza.

UN World Health Organization (WHO) officials are concerned by the warning signs, including rising malnutrition indicators – like increased cases of stunting, wasting and underweight children – and continuing high rates of anaemia among children and pregnant women.

A Food and Agriculture Organization (FAO)/World Food Programme (WFP) qualitative food security assessment for Gaza in 2008 and early 2009 points to increasing food insecurity compared to 2007, said FAO food security adviser Erminio Saco based in Jerusalem; and according to the Palestinian Central Bureau of Statistics (PCBS) food acquisition and energy consumption in Gaza declined by 10 percent between 2005 and 2007.

Over the past 18 months the agricultural sector has been struggling to cope with an Israeli blockade on imports and exports, causing lower productivity and reducing access to affordable fresh food, according to FAO.

Stunting

The UN Children’s Fund (UNICEF) said in January that 10.3 percent of children under five are stunted (low height for age), a steadily increasing trend over recent years.

Stunting is usually attributed to a chronic lack of protein and micronutrients, including iron and essential vitamins, according to WHO. “More than 10 percent of children in Gaza are chronically malnourished,” said WHO officer Mahmoud Daher in Gaza, reporting a slight increase over 2008.

Children’s hygiene has also declined due to the lack of a consistent electricity supply since the blockade was instituted. Clothes washing and bathing has been limited, especially during the conflict, according to residents.

In April 2008 UNICEF estimated there were about 255,000 under-five children in Gaza, with about 26,265 at risk of malnutrition, and 657 most likely to be severely wasted.

Roughly two-thirds of the population – 50 percent of whom are under 18 – is deemed food insecure, according to FAO.

Wasting and underweight

The number of under-five children suffering from acute malnutrition – wasting (low weight for height) – in Gaza almost doubled between 2006 and 2008 from 1.4 to 2.4 percent, according to UNICEF. Wasting is considered a public health problem if the affected population exceeds 5 percent, but WHO is concerned by the significant increase.

In 2008, 2.5 percent of under fives were underweight (weight for age), according to WHO in Gaza.

Karram El-Essy, 10 months old and from the A-Tufah area of Gaza city, is brought to local NGO Ard El-Insan three times a week for nutritional supplements, including soup and fruit, after he was diagnosed with anaemia
Karram El-Essy, 10 months old and from the A-Tufah area of Gaza city, is brought to local NGO Ard El-Insan three times a week for nutritional supplements, including soup and fruit, after he was diagnosed with anaemia

Anaemia

“Anaemia among children and pregnant women is high in Gaza and there are fluctuations in the rates according to availability of food and the political and economic situation in the area,” said Daher.

WHO believes iron and vitamin A deficiencies have increased during and since the conflict. The results of WHO’s current anaemia assessment in Gaza are due in May, but according to Daher, 65 percent of children aged 9-12 months, and 35 percent of pregnant women are anaemic.

The UN agency for Palestinian refugees (UNRWA) has an assessment due in July, but is also concerned about the increase in anaemia cases, according to UNRWA health officer Mohammed Maqadma.

There is a positive correlation between malnutrition and low meat (animal proteins) intake, low consumption of fruit, family size and income, according to UNICEF.

The amount of affordable fresh fruit and protein on the Gaza market has been significantly reduced due to the closures, according to OCHA. “The last shipment of livestock entered Gaza on 31 October 2008, and since the Hamas takeover in June 2007 livestock imports have been severely restricted,” said OCHA field officer Hamada al-Bayari in Gaza.

The director of all 56 primary healthcare centres run by the health ministry in Gaza, Fouad Issawi, said cases of stunting and anaemia increased in 2008 and 2009. Since 2007 the amount of anti-anaemia drugs – like ferrous carbonate (with vitamin C) and folic acid – required by primary health clinics had increased dramatically, he said.

“There was a rise in anaemia amongst children in our centres in 2008 and [this is] continuing,” said Adnan al-Wahaidi, director of Ard al-Insan Benevolent Association in Gaza, the main healthcare NGO supporting an estimated 16,000 undernourished children.

“Women with children who are underweight or wasting have been coming to the centres in greater numbers over the last few months; many of their husbands died during the recent conflict or are unemployed.”

Report: Olmert, Livni may face war crimes charges in Norway

Ha’aretz

22 April 2009

Former prime minister Ehud Olmert and opposition leader Tzipi Livni may face war crimes charges in Norway over their role in Israel’s offensive against Hamas in Gaza, AFP reported Tuesday.

The news agency said six Norwegian lawyers announced plans Tuesday to accuse the pair, as well as Defense Minister Ehud Barak and seven senior Israel Defense Forces officers, of the crimes.

The lawyers, who planned to file their complaint with Norway’s chief prosecutor on Wednesday, were quoted as saying they would also call for the arrest and extradition of the Israeli leaders.

Under the Norwegian penal code, courts may hear cases involving war crimes and other major violations of human rights.

The lawyers released a statement quoted by AFP accusing Israel of “massive terrorist attacks” in the Gaza Strip from December 27 last year to January 25, killing civilians, illegally using weapons against civilian targets and deliberately attacking hospitals and medical staff.

“There can be no doubt that these subjects knew about, ordered or approved the actions in Gaza and that they had considered the consequences of these actions,” the lawyers’ statement said.

It also said the lawyers were representing a number of people living in Norway.

“It involves three people of Palestinian origin living in Norway and 20 families who lost loved ones or property during the attack,” one of the lawyers, Kjell Brygfjeld, told AFP.

Israel’s stated goal in the three-week offensive was the halting of the cross-border rocket attacks from Gaza.

Gaza officials have said over 1,300 Palestinians died during the campaign, a majority of whom were civilians. But the Israel Defense Forces has disputed these claims, stating that the vast majority of the dead were Hamas militants.

Israeli refusal to cooperate with United Nations investigation represents an attempt to shield alleged war criminals from justice

Palestinian Center for Human Rights

21 April 2009

The Palestinian Centre for Human Rights (PCHR) is concerned at recent Israeli statements implying that the State of Israel will not cooperate with the independent investigation established by the United Nations Human Rights Council.

The investigation is led by Justice Richard Goldstone, former chief prosecutor at the International Criminal Tribunal for the former Yugoslavia, and the International Criminal Tribunal for Rwanda. Both tribunals were established by the United Nations Security Council, acting under Chapter VII of the United Nations Charter. The independent fact finding mission is mandated to investigate all violations of international humanitarian law (IHL) and international human rights law, related to the recent 23 day Israeli military offensive in the Gaza Strip.

The offensive claimed the lives of 1,417 Palestinians, 1,181 (83%) of whom were non-combatants: the protected persons of IHL. 13 Israelis also died, including 3 civilians. Civilian property in the Gaza Strip was extensively destroyed, initial investigations indicate that 21,000 houses were completely or partially destroyed, 6,636 dunums of agricultural land were razed, and approximately 1,500 factories and workshops were completely destroyed.

The excessively disproportionate civilian death toll and the extensive destruction of Gaza’s property and infrastructure demand judicial review. Many of the cases documented by PCHR amount to war crimes, and grave breaches of the Geneva Conventions.

PCHR believe that Israel’s unwillingness to cooperate with this independent investigation represents an attempt to shield alleged perpetrators of war crimes from justice. Israel has consistently proven unwilling to effectively investigate serious allegations of illegal behaviour committed by its forces in the occupied Palestinian territory.

On 30 March 2009, Military Attorney General Achivai Mandelblit closed an investigation into Israeli soldiers accounts of alleged crimes committed in the Gaza Strip. Although the soldiers had made allegations that including war crimes and grave breaches of the Geneva Conventions, the inquiry was terminated after just 11 days.

On 29 January 2009, the Central Investigative Judge No. 4 of the Audencia Nacional (Spanish National Court) ruled that Israeli authorities were not willing to investigate and bring to trial persons responsible for the Shehadeh assassination in 2002.

Since the outbreak of the second Intifada, Israel no longer opens a mandatory investigation into cases where Israeli forces killed or wounded Palestinian civilians not taking part in hostilities.

PCHR believe that the rule of law must be upheld: it is civilians who suffer the consequences of illegal acts. A lack of accountability and a culture of impunity only serve to encourage continued violations of IHL and international human rights law.

PCHR remind the State of Israel of its legally-binding obligation – as codified in Article 146 of the Fourth Geneva Convention – to effectively investigate and prosecute all those suspected of committing grave breaches of the Geneva Conventions. Should Israel prove unable or unwilling to do so, as is evidently the case, then in accordance with the principle of universal jurisdiction, all High Contracting Parties to the Geneva Conventions are obliged to search for and prosecute persons accused of committing grave breaches, irrespective of where theses crimes occurred. There is no valid pretext, legal or otherwise, for not respecting the Conventions in their entirety.