Israel’s War Against Palestine: Documenting the Military Occupation of Palestinian and Arab Lands

International Law

The report, published by the Intelligence and Terrorism Information Center (Malam), said activists who attacked commandos with clubs and knives were supported by the Turkish government. Malam is privately run but is widely seen as an unofficial branch of Israel’s intelligence community.

IOA Editor: Even if this “probe” were to be taken entirely seriously – it should not, because it was conducted by a shell organization that is a mouthpiece of the Israeli security services – it does not relieve Israel of the responsibility for its Gaza war-crimes, and international law and maritime law violations.

UPDATE: Max Blumenthal’s Nailed Again: IDF Description of Suspicious Photo It Distributed Is Retracted

Hanin Zoabi was aboard the Mavi Marmara, the lead ship in the flotilla where all nine activists were killed, and she witnessed some of them bleed to death. When she returned to Israel to speak in the Knesset, she was verbally assaulted by parliament members for her participation in the flotilla.

Although Israel successfully controlled news of its deadly commando raid on the Freedom Flotilla during the first crucial 48 hours of media coverage, emerging evidence from witnesses and survivors is challenging the Israeli government’s version of events.

This Israeli naval-officers letter is important. As commanding officers of attack boats, they know the laws governing behavior in international waters and realize how grave Israel’s violation of these basic international laws was (Hebrew).

[T]he simplest answer to [the] question of what Israel could do to maintain its security in place of a blockade is that it is precisely the blockade that causes the threats to Israeli security. Without the blockade, there would be no obstacle to negotiating a long-term ceasefire, which would mean the end to rocket fire and other threats to Israel’s legitimate security interests.

ALSO : Stephen R. Shalom: Palling Around with Terrorists – Obama and the Israel-Palestine Conflict

[T]he Gaza Freedom Flotilla was a provocation… in the sense that civil rights protesters in the American south who sat at segregated lunch counters represented a provocation to segregationists, or in the sense that all nonviolent protests against the illegitimate acts of a government are by definition provocations. Under an illegal siege, the delivery of aid to civilians is a prohibited act; the intent of our humanitarian convoy was to violate this unjust prohibition.

IOA Editor: Iara Lee held a press conference at the UN on 10 June 2010, presenting her raw video footage from the Mavi Marmara and answering questions. Her article about the Gaza Freedom Flotilla was published earlier.

UPDATE: UN screening of ‘one-sided’ Gaza flotilla film spurs Israeli complaint

Israel’s entrenchment is so deep-seated that it has announced it will certainly not lift the blockade on Gaza. Its blindness means that there is sure to be another round… There is nothing to investigate. This is the situation; everyone knows it. We just have to decide whether to go on like this, or take a deep breath and choose a different path.

Israel was tonight under pressure to allow an independent inquiry into its assault on the Gaza aid flotilla after autopsy results on the bodies of those killed, obtained by the Guardian, revealed they were peppered with 9mm bullets, many fired at close range.

Full video of Daniel Machover from press conference organised by Palestine Solidarity Campaign. Also appearing was Sarah Colborne who was on the ship stormed by Israeli commandos.

An embargo on adequate food and medical aid can never be lawful, so those on board had the right to defend themselves. The attack by Israeli forces on the Turkish-registered vessel Mavi
Marmara in international waters was clearly unlawful.

[P]rotected by a Western empire, you colonize a part of the world, ethnically cleanse as many of its indigenous people as you can, and confine the remainder to stew in a series of besieged reservations, which are in effect open prisons. And when the victims try to resist, you depict them as “savages” and “terrorists”; and present yourself, the colonizer, as acting in “self-defence”. Similarly, when humanitarian sympathizers of the colonized try to provide them with some help.

RT (Rusian TV in English) interviews MK Haneen Zoabi.

Moshe Dayan, Israel’s most celebrated general, famously outlined the strategy that he believed would keep Israel’s enemies at bay: “Israel must be a like a mad dog, too dangerous to bother.” But the Israeli commando attack on the Gaza-bound flotilla… proves that this is now a diplomatic strategy too. Israel is feeling cornered on every front it considers important – and like Dayan’s “mad dog”, it is likely to strike out in unpredictable ways.

Will the rule of law be applied to Israel this time? In principle, it is unlawful for a state to enforce a blockade against ships that are flying the flag of another state on the high seas. The only exceptions to this would be if the blockade were mandated by the UN security council acting under chapter VII of the UN charter.

Is NATO genuinely a mutual defence organisation, or is it just an instrument to carry out US foreign policy? With its unthinking defence of Israel and military occupation of Afghanistan, is US foreign policy really defending Europe, or is it making the World less safe by causing Islamic militancy?

A legal analysis of the Israeli attack on the Gaza Freedom Flotilla by the London-based Lawyers for Palestinian Human Rights (LPHR).

“It is disgusting that the Foreign Office is exaggerating the impact on the peace process to get a few people who are suspects of very serious international crimes off the hook,” said Daniel Machover, partner at the law firm Hickman & Rose.

A United Nations humanitarian relief agency is accusing Israel of deliberately disrupting the international community’s aid efforts for the Palestinians in the West Bank and Gaza Strip. According to a special report released by the UN’s OCHA, Israel is not permitting construction of buildings for needy Palestinians and is encumbering on the freedom of movement of aid groups and their staffs.

In annual report, international human rights group says Israeli blockade ‘hit hardest on the most vulnerable – children, the elderly, the homeless and the sick’; claims Israel ‘forcibly evicts Palestinians, demolishes their homes and expropriates their land.’

Defense Minister Peres, 1974: “This cooperation [Israel - South-Africa] is based not only on common interests and on the determination to resist equally our enemies, but also on the unshakable foundations of our common hatred of injustice and refusal to submit to it.”

President Peres on judge Richard Goldstone: “A small man, devoid of any sense of justice.”

“I guess most Israelis would view me as a traitor… They would ask what right does someone who wasn’t born in Israel and who didn’t serve in the army have to criticize the state? But I came here out of great love, and I don’t intend to keep quiet just because I came from afar. I believe that there is no choice, that Israelis and Palestinians will live together. When I try to build connections between the two sides, I’m working for Israel’s good. The Bil’in people are very special… But they are not a rare species. There are many Palestinians like them.”

For the past 43 years, Israel has been occupying Palestinian and other Arab lands conquered in 1967. Since then, and especially in the past 20 years, a campaign of ethnic cleansing has been vigorously underway, one which at times borders on genocide… Israel is methodically replacing the Palestinian population of Palestine with a Jewish population. This is not new. Looking back in time, one sees a pattern and direct connection between this and the 1948 period called the Nakba.

A well-known American Jewish attorney who worked to deport former Nazis from the US is urging American officials to bar former judge Richard Goldstone from entering the country over his rulings during South Africa’s apartheid regime.

IOA Editor: Revenge… He was allowed to attend his grandson’s Bar-Mitzva, but we’ll block his entry to the US.

Toxic and carcinogenic metals, able to produce genetic mutations, have been found in the tissues of people wounded in Gaza during Israeli military operations of 2006 and 2009. The research has been carried out on wounds provoked by weapons that did not leave fragments in the bodies of the victims, a peculiarity that was pointed out repeatedly by doctors in Gaza. This shows that experimental weapons, whose effects are still to be assessed, were used.

Dershowitz accused anarchist Jewish linguist Noam Chomsky of creating a hostile atmosphere among many groups in the United States and in its academic campuses. They are creating a narrative which always presents Israel as a Nazi occupier, he said, while shutting their eyes to facts contradicting those same claims, like the ties between Jerusalem’s Grand Mufti Haj Muhammed Amin al-Husseini and Nazi leader Adolf Hitler during World War II.

IOA Editor: At no time did Noam Chomsky refer to Israel as a “Nazi occupier.” As the record amply shows, “Israeli occupier” is sufficiently cruel. Linking the Jerusalem Mufti to Hitler does not logically contradict any characterization of the Israeli occupation. On the Mufti-Hitler issue, see Gilbert Achcar: Israel’s Propaganda War – Blame the Grand Mufti.

Dershowitz’ desperately warped arguments are interesting: “legal terror,” for example. As a prominent lawyer, one would expect him to appreciate that “terrorism” is generally understood to mean “violent acts which are intended to create fear (terror), are perpetrated for an ideological goal… and deliberately target or disregard the safety of non-combatants (civilians)” (Wikipedia). This definition is sufficiently broad to cover both the bombing of Gaza residential neighborhoods and the blowing up of Tel Aviv buses. On the other hand, legal challenges, unpleasant as they might be to the receiving party, are designed to be countered and resolved, in a civilized manner, in a court of law – something which an army of Israeli lawyers, and international supporters like Dershowitz, are working hard to block.

On “Delegitimization:” Conveniently, Israel’s ‘supporters’ equate criticism of Israeli actions — mostly, directly connected to the Occupation, and the Occupation itself — with denial of its right to exist. This is an old Hasbara trick: You criticize us, you’re really saying Israel has no right to exist. Left out of the discussion is “The right to exist as what?” As an occupying state? An Apartheid state? The term “delegitimization” is actually turned on its head: It is the Israelis who are attempting to delegitimize their critics by calling them “delegitimizers,” trying to blur the distinctions between “delegitimizers” and anti-Semites, consistent with old Israeli propaganda practices: If you criticize us, you’re either an anti-Semite — and Dershowitz’ reference to Nazism is designed to do just that — or you’re a sick, “self-hating” Jew. Chomsky, Finkelstein, and this writer, born to Jewish mothers, must be the latter.

For more on the important question of legitimacy of the state, and how it applies to Israel and other nation-states, see Noam Chomsky, Gilbert Achcar: On the Legitimacy of the State. More on “Delegitimization

It happened in London last December: Police officers raided a hotel in the British capital to arrest Opposition Chairwoman Tzipi Livni for alleged war crimes during Operation Cast Lead. Luckily for her, she was not even in the city. The details of the dramatic affair… could have sparked a wide-scale diplomatic incident and possibly put Israel and Britain’s relations in danger.

Cairo – Egyptian opposition groups on Sunday called for arresting Israeli prime minister Benjamin Netanyahu on “war crimes” when he visits Egypt this week. Representatives of the Muslim Brotherhood and the Kifaya (Enough) coalition, along with a number of independent politicians filed a report to state prosecutor Abdel Meguid Mahmoud demanding the immediate arrest of Netanyahu when he arrives in Egypt Monday for talks with President Hosny Mubarak.

Defining a Palestinian with a Gaza Strip address as a punishable infiltrator if he is found in the West Bank – as implied by a military order that has now gone into effect – is one more link in a chain of steps that Israel has taken, whose cumulative effect is to sever the Strip from Palestinian society as a whole.

ALSO:

Israel deports West Bank prisoner to Gaza

Has Israel Reneged on the Unity of West Bank and Gaza?

Israeli Military Order enables IOF to expel Palestinians from West Bank

IDF bid to expel West Bank Palestinians is a step too far

Finkelstein concludes that Gaza was not a war but a massacre, “like shooting fish in a barrel”. Israel maintained undisputed control of the air, carrying out 3,000 sorties virtually unhindered. Amnesty International could not find cases where civilians were caught up in crossfire, because there wasn’t a single battle during the 22-day assault: “‘Most of the time it was boring,’ one soldier confirmed to Amnesty, ‘there was supposed to be a tiny resistance force upon entry, but there just wasn’t’”.

Issa Qaraqi, PA minister of prisoner affairs: “It is inhumane what they are doing. He has no connection to Gaza, no relatives there, nothing,” claim[ing] Israel was implementing a new set of military orders that critics fear could lead to mass deportations from the occupied West Bank.

A 2007 report on racial profiling by Israeli carriers… concluded: “it is hard to find any Arab citizen who travels abroad by air and who has not experienced a discriminatory security check at least once”… [This] incident follows on the heels of a diplomatic crisis between Israel and South Africa over revelations that spies posing as El Al staff have been operating at Johannesburg airport, gathering information on non-Jewish passengers visiting Israel.

Richard Falk: “a wide range of violations of international human rights and international humanitarian law could be linked to actions carried out by the Government of Israel under these Orders, with particular gravity in the event that young persons become victims of their application.”

While public deportation which are contrary to the Geneva Conventions had stopped in 1992, a much more sinister plan appears to have been implemented. The new undeclared policy is called by some “the transfer policy,” whereby Palestinians are “encouraged” to leave and not return by use of various administrative orders, such as this latest order.

IOA Editor: Mr. Kuttab may be referring to “deportation” to other countries. However, expulsions of Palestinians from the West Bank to Gaza not only did not stop, but has picked up momentum in recent months, even before the reports on Order 1650. Read Amira Hass’ High Court: Gaza student cannot complete studies in West Bank.

Gaza-born Palestinian living on WB: ‘The Israeli order will destroy our lives. We will live as if we live in a huge prison even if we are not deported to Gaza. No one would dare to leave the city or to go from town to town afraid of the Israeli checkpoints. Who would keep his/her job in this unstable situation’.

So if someone says that it offends “the Jews” to oppose the occupation, then you have to consider how many Jews are already against the occupation, and whether you want to be with them or against them. If someone says that “Jews” have one voice on this matter, you might consider whether there is something wrong with imagining Jews as a single force, with one view, undivided. It is not true.

I have… criticized Israel for punishing the population of Gaza by imposing a blockade that restricts the flow of food, medicine, and fuel to subsistence levels, or worse. Such a blockade is a flagrant form of collective punishment prohibited by Article 33 of the Fourth Geneva Convention. I believe that Hamas should be treated as a political actor, that the blockade should be terminated immediately, and that the UN should insist on the end to the blockade as a condition of Israel’s normal participation in the activities of the Organization.