The report’s findings demand action by the international community, including the United States. The importance of U.S. action is elevated because the U.S. currently holds the Presidency of the U.N. Security Council, the U.N. body charged with enforcing the report’s conclusions.
International Law
‘We may be witnessing the beginning of the end of the era of impunity,’ Nadia Hijab, a senior fellow at the Washington-based Institute for Palestine Studies, was quoted by IPS in response to the findings of a 574-page report by a four-member United Nations Fact finding mission.
Following the release last week of the Goldstone commission findings which accused Israel of committing war crimes during its offensive in the Gaza Strip, [Israeli] diplomatic officials feared that the report would weigh heavily on the agenda of this week’s United Nations General Assembly meeting. Israel’s fears proved to have no basis in fact as the report was cited by just a few world leaders.
A senior prosecutor at the International Criminal Court in The Hague said Monday that he is considering opening an investigation into whether Lt. Col. David Benjamin, an Israel Defense Forces reserve officer, allowed war crimes to be committed during the IDF’s three-week offensive in the Gaza Strip this winter.
In their appeal filed Thursday the two civil parties argued that “there is no independent judicial system in Israel and that the current universal jurisdiction applies in the case of Gaza”.
“I was driven particularly because I thought the outcome might, in a small way, assist the peace process,” he told the Forward. “I really thought I was one person who could achieve an even-handed mission.”
Ever since the Gaza war the solidity of Jewish support for Israel has been fraying at the edges, and will likely now fray much further. More globally, a very robust boycott and divestment movement has been gaining momentum ever since the Gaza war, and the Goldstone report will clearly lend added support to such initiatives. There is a growing sense around the world that the only chance for the Palestinians to achieve some kind of just peace depends on shaping the outcome by way of the symbols of legitimacy, what I have called the legitimacy war. Increasingly, the Palestinians have been winning this second non-military war.
Israeli democracy functions for Jews, who are well represented, but has been denying any representation to 4 million people for 42 years. It allows itself to do whatever it wants with them in the name of the democratic “national consensus.” Who will protect them?
“My greatest frustration this year has been the Palestine situation,” he told the 192-nation assembly in his final address on 14 September… He found it “disgraceful” the way influential members of the UN Security Council had shown “passivity and apparent indifference” about the long and cruel Israeli blockade of Gaza.
IOA Editor: Thank you, Messrs Bush I, Clinton, Bush II, and our very own Mr. Obama.
“I deny that completely,” Judge Richard Goldstone said… “I was completely independent, nobody dictated any outcome, and the outcome was a result of the independent inquiries that our mission made,” he said.
Netanyahu’s message is that the Goldstone Commission report hinders the United States’ war on terror. The Foreign Ministry decided Wednesday to focus their efforts to combat the report’s accusations on the United States, Russia and a few other members of the United Nations Security Council and the Human Rights Council that are involved in the wars in Iraq and Afghanistan.
IOA Editor: The Israeli propaganda machine is going full blast. To protect democracy from terrorism, the UN report deserves every possible rejection, naturally.
See also Norman Finkelstein’s interview and Gideon Levy’s commentary on the UN report.
There’s a name on every bullet, and there’s someone responsible for every crime. The Teflon cloak Israel has wrapped around itself since Operation Cast Lead has been ripped off, once and for all, and now the difficult questions must be faced. It has become superfluous to ask whether war crimes were committed in Gaza, because authoritative and clear-cut answers have already been given. So the follow-up question has to be addressed: Who’s to blame? If war crimes were committed in Gaza, it follows that there are war criminals at large among us. They must be held accountable and punished. This is the harsh conclusion to be drawn from the detailed United Nations report.
IOA Editor: The time to “avert disgrace” was a year ago, before launching the Gaza attack. The Hague is the proper place for states that behave criminally – deservedly, to use Levy’s own language.
There is only thing worse than denial – the admission that the IDF indeed acted as has been described, but that these actions are both normal and appropriate.
The main limitation of the report is it’s all cast in the language of violations of the laws of war. And the fundamental fact about what happened in Gaza is it wasn’t a war. There was no war in Gaza. That’s the main misunderstanding about what happened there.
Had Richard Goldstone not served as the head of the UN inquiry into the Gaza war, the accusations against Israel would have been harsher, Goldstone’s daughter, Nicole, said in an interview conducted in Hebrew with Army Radio on Wednesday.
Israel “punished and terrorised” civilians in Gaza in a disproportionate attack in its three-week war on the territory earlier this year, a United Nations report has found. Judge Richard Goldstone, who led the inquiry, said he found evidence Israel targeted civilians and used excessive force in the assault, which was launched on December 27. “The mission concluded that actions amounting to war crimes, and possibly in some respects crimes against humanity, were committed by the Israel Defence Force,” Goldstone, a former South African justice, said. More than 1,400 Palestinians – about a third of them women and children – were killed in the war. Thirteen Israelis died.
Israel’s three-week war in Gaza brought a wave of international criticism. About 1,400 people died and accusations of possible war crimes have been levelled against both the Israeli military and the Palestinian militant groups in Gaza, notably Hamas. The latest and most prominent inquiry, led by Richard Goldstone, a respected South African judge, was conducted for the UN human rights council.
Read UN report and access many information resources via The Guardian’s article.
From the most senior military judge down to the lowest private at a checkpoint, hundreds of thousands of perfectly normal Israelis who are not violent at home are partners in the mission of administering, demarcating, restricting and taming the other society while cumulatively damaging its rights, welfare and well-being. This is the norm that is not taken into account here in the statistics on violence and the violent.
A Military Police investigation into a soldier’s killing of a Palestinian near Hebron in January has been going on for seven and a half months, and there is still no end in sight. Yet the sector commander has been giving briefings for the past few months based on his own inquiry into the incident, which he describes as “a serious failure in moral and professional terms.”
Israel has recently been putting up more obstacles for foreign nationals who enter [Israel] if they have family, work, business or academic ties in the West Bank. It now restricts their movements to “the Palestinian Authority only.” The people concerned are citizens of countries that have diplomatic ties with Israel, mainly Western countries.
Israel’s offensive against Hamas in Gaza at the beginning of the year was a “proportional response” to attacks by the Islamist group, the Foreign Ministry said in a defense brief on Operation Cast Lead released Thursday.
Far-right activists distributed fliers to fresh draftees at the Israel Defense Forces induction center in Tel Hashomer on Tuesday urging them not to confide in their commanders and to refrain from cooperating with investigators if they physically abuse Palestinians in the territories.
The United States views East Jerusalem as no different than an illegal West Bank outpost with regard to its demand for a freeze on settlement construction, American sources have informed both Israel and the Palestinian Authority. This clarification came in the context of a growing crisis in U.S.-Israel relations over the planned construction of some 20 apartments for Jews in the Shepherd Hotel, in East Jerusalem’s Sheikh Jarrah neighborhood. The U.S. has demanded that the project be halted, but Prime Minister Benjamin Netanyahu told the cabinet meeting Sunday that “Israel will not agree to edicts of this kind in East Jerusalem.
[Israel’s] Attorney General Menahem Mazuz has told police to investigate workers from the Jewish Agency’s settlement division on suspicion of knowingly allocating private Palestinian land for construction in the settlement of Ofra, [Israeli television] Channel 2 reported on Friday.
The outposts are a continuation of the settlements by other means. The sharp distinction Israel makes between them is artificial. Every outpost is established with a direct connection to a mother settlement, with the clear aim of expanding the takeover of the territory and ensuring an Israeli hold on a wider tract of land. Construction in the outposts is integrated into the overall plan of the settlement project and is carried out in parallel to the seizure of lands within and close to the settlements…
Behind every settlement action there is a planning and thinking mind that has access to the state’s database and maps, and help from sympathetic officers serving in key positions in the IDF and the Civil Administration. The story is not in the settlers’ uncontrolled behavior, though there is evidence of this on some of the hilltops, but rather in conscious choices by the state to enforce very little of the law.
IOA Editor: Irrespective of Amos Harel’s assumption that the Obama administration is the enemy of Israel’s settlement project, which has yet to be evidenced by actions, this is an important update report on the status of on-going settlement activities, and on the historically tight relationship between the settler movement, all Israeli governments, and the IDF – a partnership which is a crucial ingredient for the success of Israel’s 42 year old colonial project in the West Bank.
Not just in the courts, but also on the ground, it is hard to see any real indication that the settlement enterprise is headed toward a freeze. Dror Etkes, the man behind the petitions, photographed construction in the outpost of Ali this week.
This is Cynthia McKinney and I’m speaking from an Israeli prison cellblock in Ramle. [I am one of] the Free Gaza 21, human rights activists currently imprisoned for trying to take medical supplies to Gaza, building supplies – and even crayons for children, I had a suitcase full of crayons for children. While we were on our way to Gaza the Israelis threatened to fire on our boat, but we did not turn around. The Israelis high-jacked and arrested us because we wanted to give crayons to the children in Gaza. We have been detained, and we want the people of the world to see how we have been treated just because we wanted to deliver humanitarian assistance to the people of Gaza.
Gideon Levy on the latest IDF hijacking of a Gaza relief boat, and on the IDF as an occupation force and a killing machine.
Peace Now plays a very important role in documenting Israel’s on-going international law violations as applied to the misappropriation of lands owned by an occupaied population and land development which causes a change of population in territories under occupation.
A West Bank checkpoint managed by a private security company is not allowing Palestinians to pass through with large water bottles and some food items – such as 6 pieces of bread.
The Red Cross released a damning report Monday on the effects of the Israel-led blockade on the Gaza Strip, describing the 2-year-old measure as having trapped the coastal territory’s 1.5 million residentsin despair.
“Gaza neighborhoods particularly hard hit by the Israeli strikes will continue to look like the epicenter of a massive earthquake unless vast quantities of cement, steel and other building materials are allowed into the territory for reconstruction,” the report said.
Ezra Nawi was in his element. Behind the wheel of his well-worn jeep one recent Saturday morning, working two cellphones in Arabic as he bounded through the terraced hills and hardscrabble villages near Hebron, he was greeted warmly by Palestinians near and far.
The public committee against torture in Israel released a harsh report on Wednesday, revealing “pain and humiliation” inflicted by the Israel Defense Forces and the Shin Bet security service, against Palestinian detainees… often constituting torture. In defiance of Israeli law, High Court rulings and international laws and guidelines, detainees in Israel are usually bound in a way that is designed to cause them pain, and not only to prevent them from escaping, the report says.
Visiting the American School in Gaza, damaged in Israel’s three-week operation, Mr Carter said “it’s very distressing to me”. He said the school had been “deliberately destroyed by bombs from F-16s made in my country and delivered to the Israelis”… Gazans “are treated more like animals than human beings,” Mr Carter said. “Never before in history has a large community like this been savaged by bombs and missiles and then been deprived of the means to repair itself…”
Dozens of attorneys around the world — in Norway, Britain, New Zealand, Spain and the Netherlands — are working on the Gaza lawsuits. In a globalized world, justice is also global: The basis for the initiative is the principle of universal jurisdiction in international law, which makes it possible to file suits worldwide for war crimes, genocide, torture and crimes against humanity.
