Stephen Lendman

December 28 was Cast Lead's second anniversary, a three week onslaught inflicting an appalling human, destructive and environmental toll. The war ended. Regular attacks continued, and Gaza remains suffocating under siege. Yet world leaders are doing nothing to end it or hold Israeli war criminals accountable.

The Palestinian Centre for Human Rights (PCHR) said

"Gaza remains sealed-off from the outside world (after) the single most brutal event in" the occupation's history, and "impunity for war crimes prevails."

To date, victims' rights have been unaddressed. International law remains ignored. Indisputable war crimes were airbrushed from history. Israeli war criminals were shielded from justice. Only three lower-ranking soldier were convicted for war-related offenses. One was for credit card theft, two others for using a nine year old boy as a human shield. Israeli government officials who ordered war, generals and top commanders who planned and implemented it, and other complicit figures were uncharged and unpunished.

World leader silence condoned them. The rule of law was trashed for imperial Israel, including allowing it to slowly suffocate over 1.5 million Gazans. Moreover, a newly released WikiLeaks cable says Israel plans major wars on Gaza and Lebanon. More on them below.

Preventing Gaza's Reconstruction

On December 21, the Gisha Legal Center for Freedom of Movement asked "Who will rebuild Gaza?" Six months after Israel's cabinet decision to ease closure, a new Gisha report headlined "Reconstructing the Closure: Will recent changes to the closure policy be enough to build in Gaza," saying:

"Despite the cabinet's decision, Israel continues to ban the entrance of steel, gravel and cement, (essential) items which are not considered to be dual-use according to international standards." Narrow exceptions only were allowed with "burdensome bureaucratic strings attached."

For most items, Israel bogusly claims Hamas may use construction materials to build bunkers and "enhance its military capability" in other ways. As a result, little rebuilding progress has been made. Gaza remains in ruins, and over 1.5 million Palestinians struggle daily to cope.

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Palestinian Centre for Human Rights (Press Release)

Majdi Abu Jumma, a suspect in the 1984 Bus 300 hijacking, being
led to his death by Shin Bet officers. (Photo: Alex Levac)

"I smashed their skulls," [on orders from Shin Bet head Avraham Shalom, and] "I'm proud of everything I've done." [Yatom said he put the men on stretchers into a van.] "On the way I received an order from Avraham Shalom to kill the men, so I killed them." (1996) "I acted for the security of my country." (2001) ~ (Shin Bet officer) Ehud Yatom

General Attorney of Israel refuses to disclose file of the Bus 300 Affair

Wednesday, 06 November 1996

In a letter dated 8 September 1996, the Attorney General of Israel disregarded a request by the Palestinian Centre for full disclosure of the case file of the Bus 300 affair.

Interest was revived in the Bus 300 affair following the 26 July 1996 publication in Yediot Ahronot of an interview with Ehud Yatom, a former agent in Shabak (Israeli Security Services), which introduced new evidence that had not been previously disclosed by stating his direct involvement in the extrajudicial killing of Subhi and Majdi Abu Jamea.

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Stephen Lendman

A fire at the UN building in Gaza City after Israeli strikes (Photograph:
Mahmud Hams/AFP/Getty)

On October 18, the Palestinian Centre for Human Rights offered an "Alternative Report" response to Israel's submission, sent to the UN Committee on Economic, Social and Cultural Rights (CESCR).

Submitting to the UN, Aharon Leshno Yaar, Israel's Permanent Representative to Geneva said "Israel was proud of its long-lasting recognition of the inherent dignity and the equal and inalienable rights of all members of the human family," omitting to explain he means only Jews, no others, especially Muslims. State belligerence for over six decades proves it. PCHR reviewed recent facts, documenting them in its report. Previous articles discussed them it detail, but they bear repeating. By so doing, peace and self-determination for a beleaguered people may come sooner.

Israeli Violations of the International Covenant on Economic, Social and Cultural Rights (ICESCR)

PCHR addressed each article, detailing Israel's noncompliance, presenting indisputable, convincing evidence. In its July 9, 2004 "Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory," the International Court of Justice (ICJ) ruled that:

"In the exercise of the powers available to it on this basis, Israel is bound by (ICESCR provisions)." Throughout its history, however, Israel has grievously violated all international laws, committing crimes of war and against humanity repeatedly, the latter virtually daily in the Territories.

After its 2005 disengagement, Israel claims Gaza was no longer occupied. Therefore, it no longer had ICESCR or other treaty obligations. False on both counts, the ICJ stating that:

"the State's obligations under the Covenant apply to all territories and populations under its effective control."

Israel has controlled Gaza since 1967, today under a medieval siege, little changed after Israel's bogus June easing. The UN Security Council, General Assembly, Special Rapporteur (for Palestine), and the ICRC all said Israel has control. Therefore, it's bound by all international law provisions.

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Paul Larudee

When unknown elements in Israel leaked the name, rank, identification number and other information about two hundred Israeli military personnel who reportedly participated in the 2008-2009 invasion of Gaza, the effect was sudden and profound, according to sources in Israel.

Although the first site on which it appeared was taken down by the host, it has continued to circulate via email, and has appeared on at least one other site, 200 Israeli War Criminals. The Israeli military and other Israeli agencies are reportedly doing all they can to shut down every site on which it appears, and to prevent it from "going viral." At least one popular blog that links to the site has received a record number of death threats.

What is so special about the list? As several critics have pointed out, it doesn't even state the crimes that the listed individuals are alleged to have committed.

The root of the problem, according to the sources in Israel, is a poorly kept secret - namely, that it is hard to serve in the Israeli military without committing war crimes, because such crimes are a matter of policy. What Israeli soldier has not ordered a Palestinian civilian to open the door to a building that might house armed militants or be booby-trapped? Who has not denied access to ambulances or otherwise prevented a Palestinian from getting to medical care, education, or employment?

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Stephen Lendman

On September 15, 2009, the UN Human Rights Council's (HRC) Goldstone Commission issued its findings on Cast Lead, Israel's war of aggression against Gaza, inflicting enormous loss of life, thousands of injuries, massive human suffering, and vast destruction, despite no provocation or threat to Israeli security.

The Commission concluded that "there is evidence indicating serious violations of international human rights and humanitarian law committed by Israel during the Gaza conflict, and that Israel committed actions amounting to war crimes, and possibly crimes against humanity."

Notably the Commission said:

"While the Israeli Government has sought to portray its operations as essentially a response to rocket attacks in the exercise of its right of self defence, the Mission considers the plan to have been directed, at least in part, at a different target: the people of Gaza as a whole."

Defensive rocket attacks in response to repeated Israeli provocations were, in fact, a pretext for naked aggression.

On September 27, 2009, Haaretz writer Nathan Guttman headlined, "Israel, US working to limit damage of Goldstone report," saying:

"Because of joint efforts, it's all but certain the report will not reach any binding international forums."

With US help, Israel was obstructionist all along, refusing to cooperate in the investigation, including by preventing Goldstone from entering Israel. Its "drive to counter the report began moments" after its release, blasting it as biased and pressing Washington to block Security Council action.

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Stephen Lendman

M. Abbas & War Criminal Ariel Sharon

"Underneath everything is hatred - hatred and contempt for Arabs....This is what is behind the right wing's nationalist laws and its so-called (no-peace) 'peace.' " It reflects "dark and dangerous instincts," throughout Israel's leadership and Knesset members. "(A)ll of them are Arab haters, whether openly or not." Most never "met an Arab, but they know everything about them. Not one of them has even begun to think of Arabs as being equal to Jews," let alone as human beings deserving basic rights and freedoms." ~ Gideon Levy

Palestinian President Mahmoud Abbas' duplicitous treachery exposes him as an enemy, not ally, of his people. An earlier article on him quoted Jeffrey Blankfort calling him a "double agent (serving) his Israeli and US masters in plain sight." In June 2003, Edward Said called him "Israel's sheriff," saying he's "colorless, moderately corrupt, and without any clear ideas of his own, except that he wants to please the white man," his Washington and bosses. Access the article through THIS link.

Israeli Terror Throughout the Territories

Daily throughout Gaza, the West Bank, and East Jerusalem, Palestinians face Israeli (and complicit PA) terror, the Palestinian Centre for Human Rights (PCHR) documenting it, clear crimes against humanity ongoing for decades.

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Stephen Lendman

Who do they serve anyway? It's clear from the sham peace talks and a new development. The Mahmoud Abbas-controlled Palestinian Authority (PA) wants Israel absolved of accountability for Cast Lead crimes of war and against humanity. No matter that conclusive evidence exposed them, the result of the IDF's 23-day day rampage, killing over 1,400, injuring over 5,000, many severely, and practically leveling wide areas of Gaza, affecting mostly civilian and non-military related targets.

Besides other investigations, two UN Human Rights Council (HRC) ones unequivocally condemned Israel's lawlessness, each demanding accountability.

On September 21, the HRC's independent fact finding Committee issued a stinging indictment, among other conclusions, saying:

"It was clear to the Committee that the IDF had not distinguished between civilians and civilian objects and military targets. Both the loss of life and the damage to property were disproportionate to the harm suffered by Israel or any threatened harm."

Israel clearly violated Fourth Geneva and other international laws. Responsible officials must be held accountable.

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Stephen Lendman

Israel has used phosphorous bombs against civilians. This is a war crime.

The well-established universal jurisdiction principle (UJ) holds that certain crimes are too grave to ignore, including genocide, crimes of war and against humanity.

Thus, under UJ, nations may investigate and prosecute foreign nationals when their country of residence or origin won't, can't, or hasn't for any reason. Israel used it to convict and execute Adolph Eichmann. A US court sentenced Chuckie Taylor, son of the former Liberian president, to 97 years in prison for torture.

In March 2003, the Special Court for Sierre Leone (SCSL) indicted his father, Charles Taylor, for crimes of war and against humanity. His trial at The Hague's International Court of Justice (ICC) remains ongoing.

Though never held accountable for murdering Chileans and committing other human rights abuses, Britain used a Spanish court provisional warrant to apprehend Augusto Pinochet, hold him under house arrest for 18 months, and set a precedent, making other heads of state and top officials vulnerable. Pinochet's bogus ill health claim sent him home, irreparably damaged and disgraced.

Under Article 7 of the Charter of the International Military Tribunal at Nuremberg:

"The official position of defendants, whether as Head of State or responsible officials in Government departments, shall not be considered as freeing them from responsibility or mitigating punishment."

No one deserves immunity for high crimes demanding accountability. It's time that applied to America and Israel, the two worst offenders.

In June 2009 at a Madrid, Spain conference, Raji Sourani, Palestinian Centre for Human Rights (PCHR) Director made the case, saying:

"Today, the Gaza Strip lies in ruins" months after Israel's offensive, killing about 1,500, injuring over 5,000, and causing vast destruction - "an illegal form of collective punishment" ongoing for over three years under siege. "For too long now, Israel has been allowed to violate international law with impunity....This situation cannot be allowed to prevail....It is for this very reason that universal jurisdiction is so important....(It) offers hope to victims throughout the entire world, in many cases, it is their only hope." It's long past time to hold Israel accountable.

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Stephen Lendman

[PHOTO: A Palestinian boy drinks from a water tap as others wait to fill up water containers in Khan Younis in the southern Gaza Strip, Wednesday, Feb. 27, 2008. The Gaza Strip's water provider on Wednesday urged the area's 1.5 million people to boil their drinking water, citing a dire shortage of chlorine as a result of an Israeli economic blockade. The chlorine shortage is another addition to Gaza's water woes. Most residents don't have regular water supplies because of a shortage of diesel, used to pump water. (AP Photo/ Eyad Baba)]

This article follows an August 6 one discussing Palestinians Denied Access to Water, found through THIS link.

It explained how Israel exploits Palestinian water resources, using most of it, forcing them to find ways to get by. Water, of course, is essential to life, rights to it natural and usufructuary. Belonging to everyone as part of the commons, it must be used, not owned or abused, an essential truth Israel corrupts.

On August 5, the Palestinian Centre for Human Rights (PCHR) published the latest in its "Narratives Under Siege" series, titled "There's Something in the Water: The Poisoning of Life in the Gaza Strip."

"THIS BEACH IS POLLUTED" signs dot Gaza City beaches, posing serious health hazards because of daily raw sewage dumped into the Mediterranean Sea through 16 discharge sites along the coast. Yet thousands fill them despite the dangers, including children, taking advantage of one of their few sources of respite - available, convenient, and free, but not safe.

For Gazans, the sea is part of their lives - to fish, gather with family, swim, and for children, play in the sun on hot days, a joy this writer recalls growing up on America's Atlantic coast. Summers were always the best time. The memories remain.

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Stephen Lendman

Perhaps suggesting a larger-scale planned offensive, recent violent Israeli outbreaks struck Gaza, the West Bank, and Israeli/Lebanon border, the first there since the summer 2006 war.

Like Cast Lead, it was Israeli aggression - violent, lawless and unrelenting, a scorched-earth blitzkrieg, inflicting vast destruction, causing billions in damage, killing over 1,000 Lebanese, injuring thousands more, and displacing around a million others (about one-fourth of the country's four million population), including over 300,000 children fleeing north for their lives. In the end, Hezbollah handed Israel a humiliating defeat. Perhaps revenge is planned.

On August 4, Ma'an News reported that Israeli and Lebanese troops clashed - exchanging fire, killing four Lebanese citizens, including three soldiers. One Israeli soldier was killed. Reports said violence erupted after Israeli soldiers crossed the border, then tried uprooting a tree to install a surveillance camera and equipment, a chain of events leaving five dead. An IDF spokesman said soldiers hadn't entered Lebanon, but were between the UN-administered Blue Line and Israel's border fence.

Lebanese accounts had Israeli soldiers in the area, removing trees to install surveillance equipment. Israel called it "routine maintenance." Lebanese Prime Minister Saad Hariri condemned what he called Israeli violation of Lebanese sovereignty. Lebanon's parliament speaker, Nabih Berri, wants a complaint against Israel filed with the UN Security Council. Israel may file its own in response, its Foreign Ministry saying "Israel sees the firing on an IDF force which acted in coordination with UNIFEL (Blue Helmets) in the border region in the last hours a blunt violation of Security Resolution 1701."

Hariri wants the UN to demand Israel implement Resolution 1701, calling for demilitarization of the area within the Blue Line where UNIFEL troops are stationed. Throughout its history, Israel has spurned all UN resolutions criticizing its policies and actions.

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