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

International Law

Implementing this new military order is not only likely to spark a new conflagration in the territories, it is liable to give the world clear-cut proof that Israel’s aim is a mass deportation of Palestinians from the West Bank.

IOA Editor: Indeed. Is there any reasonable explanation for this move other than ethnic cleansing?

WikiLeaks has released a classified US military video depicting the indiscriminate slaying of over a dozen people in the Iraqi suburb of New Baghdad — including two Reuters news staff. Reuters has been trying to obtain the video through the Freedom of Information Act, without success since the time of the attack. The video, shot from an Apache helicopter gun-site, clearly shows the unprovoked slaying of a wounded Reuters employee and his rescuers. Two young children involved in the rescue were also seriously wounded.

IOA Editor:
Clearly, Israeli helicopter crews aren’t the only trigger-happy assassins. Here’s an example of America’s finest, on video, executing Iraqi civilians, including targeting the evacuation of their one visibly helpless, remaining victim who is a threat to no one, and injuring children as well. And then there is a cover up. Sounds familiar? It is. It’s called Murder, Inc. – nowadays a popular school of foreign policy, exercised by the leading World Democracies.

Code Pink [On the killing of innocent civilians in Iraq and Afghanistan, and subsequent cover up, by the US military]: Investigate, don’t cover up! We strongly condemn the cover-ups and the move to censor media outlets that expose the truth. The truth is not a threat to our national security, however the flagrant lack of accountability is certainly a threat to our democracy.

IOA Editor: Clearly, Israeli helicopter crews aren’t the only trigger-happy assassins. Here’s an example of America’s finest, on video, executing Iraqi civilians, including targeting the evacuation of their one visibly helpless, remaining victim who is a threat to no one, and injuring children as well. And then there is a cover up. Sounds familiar? It is. It’s called Murder, Inc. – nowadays a popular school of foreign policy, exercised by the leading World Democracies.

Please add your signature to the Code Pink protest (no citizenship or location is required for doing so).

“I cannot imagine what my factory has to do with the ongoing situation,” Dalloul said. “Can you see a homemade rocket? Can you see a single bullet? Can you see a gun? Why did they attack my dairy?”

IOA Editor: Indeed, the factory has a great deal to do with the “ongoing situation:” As Richard Goldstone commented in some detail, Israel has consistently targeted Gaza food production centers. Israel’s war is not with the few Palestinians launching primitive rockets; rather, it is with Palestine – the future State of Palestine, however theoretical a concept it is today – and its people. Dairy and other food plants nourish the people of Palestine, especially the children who are the future of Palestine. The less nourishing, the lesser is the future of Palestine.

Richard Falk argues that a Palestinian victory in the legitimacy war with Israel would not necessarily produce the desired political results and that it is vital that the Palestinians exercise “patience, resolve, leadership and vision, as well as sufficient pressure” if they are to win their just rights.

A cross-party group of MPs will call today for a review of the way arms sales are approved after the government admitted British equipment was “almost certainly” used in the assault on Gaza last year… Amnesty International called on the government to act swiftly to close loopholes allowing “brass-plate” companies registered in the UK to trade arms to countries where human rights violations were committed.

Norman Finkelstein: “Goldstone did not perform the role of the Jewish liberal… which is to be anguished, but no consequences. And all of a sudden Israeli liberal Jews are discovering, hey, there are consequences for committing war crimes. You don’t just get to walk into the sunset and look beautiful. They can’t believe it. They are genuinely shocked. ‘Aren’t our tears consequences enough?’ Aren’t our long eyes and broken hearts consequences enough?’ ‘No,” he said, ‘you have to go to the criminal court.’”

IOA Editor: Read Chris Hedges’ Is America ‘Yearning for Fascism’?

MI6 suspects that airline staff working for Mossad may have copied passports of Britons flying to Israel, News of the World reports, adding authorities also concerned about security searches carried out on British officials attending terrorism conference in country last September.

IOA Editor: More on Israeli security services and Israeli airlines cooperation: Israeli spies ‘infiltrate’ Johannesburg airport

Both events in London and Washington are the marks of an arrogant nation that has overreached itself. The forging of British passports is the work of a country which believes it can act with impunity when planning the murder of its enemies, while simultaneously claiming to share the values of a law-based state. Mr Netanyahu’s statements in Washington, made as he was preparing to meet Barack Obama, are the mark of a leader who thinks he can openly defy the will of Israel’s closest military ally.

MK Eldad… said that a British diplomat should be expelled in response, “maybe the military attaché”. British media has been covering the crisis since Tuesday morning. “I think the British are being hypocritical and I do not wish to insult dogs here, since some dogs show true loyalty. Who gave the British the right to judge us on the war on terror?”

The foreign secretary confirmed that Britain had demanded the withdrawal of an Israeli diplomat following the “intolerable” use of 12 forged British passports by a hit squad that killed the founder of Hamas’s military wing in Dubai. Miliband attacked the “profound disregard” for UK sovereignty and said the apparent involvement of a friendly nation “added insult to injury”.

Secretary of State Hillary Clinton told attendees at the AIPAC conference on Monday that the US commitment to Israel is “rock-solid” but Clinton did criticize Israel for continuing to build settlements in occupied East Jerusalem. In a defiant speech hours after Clinton’s address, Netanyahu rejected US criticism and vowed to continue building settlements. Democracy Now! speaks with Norman Finkelstein, author of the new book, “This Time We Went Too Far: Truth & Consequences of the Gaza Invasion.”

Today there are more than seven million Palestinian refugees around the world. Israel denies their right to return to their homes and land – a right recognised by UN resolution 194, the Geneva convention, and the universal declaration of human rights. Further, “an occupier may not forcibly deport protected persons… or transfer parts of its own civilian population into occupied territory” (article 49).

“I thought they would kill me. I became very scared and wet my pants. I could not shout or say anything because I was too afraid… He pushed me towards the small corridor in front of the bathrooms. He began shouting at me and speaking a language I did not understand… There were two bags in front of me. I grabbed the first one as he stood one and a half meters away. I opened the bag as he pointed his weapon directly at me. I emptied the bag on the floor. It contained money and papers. I looked at him and he was laughing. I grabbed the second bag to open it but I could not. I tried many times but it was useless, so he shouted at me. He grabbed my hair and slapped me very hard across the face.”

IOA Editor: No matter how this indictment turns out, or whether the IDF finds it politically convenient to sacrifice two soldiers for the sake of international propaganda — “the most moral army in the world,” etc. — this is a testimony to the IDF’s actual behavior: one of thousands of rarely told stories that emerges more than a year after the crimes were committed.

Reut says the campaign is the work of a worldwide network of private individuals and organizations. They have no hierarchy or overall commander, but work together based on a joint ideology – portraying Israel as a pariah state and denying its right to exist.

IOA Editor: Conveniently, Israel’s ‘experts’ equate criticism of Israeli actions — mostly, directly connected to the Occupation, and the Occupation itself — for which Israel has deservedly earned the title “pariah state,” 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 campaign” 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, and you’re not Jewish, you’re an anti-Semite. (And if you are Jewish, you’re sick – afflicted by “self-hate,” etc. See Ur Shlonsky’s recent email exchange on the Academic Boycott.) Those of us old enough have heard this some four decades ago.

The IOA is proud to be a very small part of the “worldwide network… [having] no hierarchy or overall commander…” We steadfastly reject the Occupation and strongly criticize Israel’s long record of violations of international law.

Sharvit-Baruch… was concerned by the Goldstone report’s negative effect on Israel’s legitimacy in the global arena, and that Israel could potentially turn into “a kind of South Africa or Serbia” or a “criminal” or “racist” state in international opinion…. [S]he added, “We are now in a situation in which we need to give our friends – who don’t want to see lawsuits filed against us in their own courts – the tools to do away such claims, along with other charges against us,” she said. “If they need a commission of inquiry then that’s what we’ll give them,” she added.

IOA Editor: Israel is clearly very concerned about damage to its image in the aftermath of the Goldstone report. Yet, if there is any ‘regret’ here, it is strictly a tactical PR and legal issue: Let’s help our friends help us get out of the legal mess our own Gaza war-crimes put us in.

UN team find remains of aircraft-dropped bombs, contradicting Israeli report on military conduct during three-week conflict.

IOA Editor: UN evidence vs. Israeli propaganda. Who’s going to win?

The Israel Defense Forces on Monday denied that two of its senior officers had been summoned for disciplinary action after headquarters staff found that the men exceeded their authority in approving the use of phosphorus shells during last year’s military campaign in the Gaza Strip, as the Israeli government wrote in a recent report.

IOA Editor: Looking past Israel’s propaganda smoke screen, it is apparent that at the IDF no evil deed goes punished.

“Whereas the bulk of the (Goldstone) report addressed violations by Israel, the occupying power, it also considered violations by Palestinian armed groups and the Palestinian authorities in Gaza and the West Bank… We urge you to immediately take clear and public steps toward holding to account all those who prove to be responsible for the violations detailed in the report”

A few days before Israeli physicians rushed to save the lives of injured Haitians, the authorities at the Erez checkpoint prevented 17 people from passing through in order to get to a Ramallah hospital for urgent corneal transplant surgery… So what if the Goldstone Commission demanded that Israel lift the blockade on the Strip and end the collective punishment of its inhabitants? Only those who hate Israel could use frontier justice against the first country to set up a field hospital in Haiti.

See also: Larry Derfner: The pride and the shame

The power to arrest individuals reasonably suspected of war crimes anywhere in the world should they set foot on UK soil is an efficient and necessary resource in the struggle against war crimes, and must not be interfered with.

Also: British MP: Israel and Egypt’s blockade of Gaza is ‘evil’

A new global movement is challenging Israel’s violations of international law with the same strategies that were used against apartheid

The failure was a twin flop: An intelligence failure, which U.S. President Barack Obama has already stated, in the poor handling of information that arrived at the State Department and probably also the CIA from both the father of the would-be bomber and the British security service; and a failure within the security system, including that of the Israeli firm ICTS.

IOA Editor: The biggest “flop” is the refusal of the powerful to accept that terrorism is an outcome of underlying conditions which must be urgently reconsidered. As Seumas Milne argues powerfully in Terror is the price of support for despots and dictators, terrorism is the result of such support and “the occupation and colonisation of Palestinian land.” As we already noted, this point, and the profound questions that follow, do not receive the public attention a single case of a would-be terrorist act (in the West) gets.

A country that believes in the morality of its actions and those of its soldiers should not behave like a permanent suspect and boycott institutions of international law. On the contrary: It must fight within those institutions for its positions and justice. Joining the International Criminal Court at The Hague will place Israel on the side of the enlightened nations, and will contribute to restraining forceful and harmful actions.

IOA Editor: It is not entirely clear whether Haaretz is saying that Israel should stop its thuggery and join the international (law) community, or that it should join the international community so that it can get away with its thuggery. It is clear, though, that the pressure of the international community is making the Israeli government, and public opinion, squirm – and that, of course, is a good thing.

In the wake of the release of the United Nation’s Goldstone report accusing Israel and Hamas of war crimes during the Gaza war, as well as efforts to issue warrants abroad for the arrest of senior IDF officers and former ministers, some Israeli officials have said the international rules of war need to be changed to better reflect the realities of asymmetric warfare… [E]efforts are being made to reach understandings with Western democracies and other countries… to adopt what some call a dynamic interpretation of existing rules of war that would be better suited to the changing realities. Such rules would not restrict armies from countering the threat of terrorism because of concern that its officers or political leadership would be accused of war crimes.

IOA Editor: As eloquently described by Daniel Machover, this new focus on international law is part of a strategy to blur the distinctions between military control of a population resisting occupation and a war against a terrorist organization such as al-Qaeda. If existing international laws of war were to undergo a “dynamic interpretation,” and be rewritten to “be better suited to the changing realities,” the occupiers will gain a far greater freedom of action – such as the ability to bomb civilian population centers and otherwise act “disproportionally,” without the threat of possible ICC charges.

[T]his strategy seems to require the blurring of any distinction between peoples fighting for self-determination or struggling against foreign occupation or internal repression and al-Qaeda or similar terrorist organisations… Tzipi Livni’s response to the arrest warrant against her: “what needs to be put on trial here is the abuse of the British legal system. This is not a suit against Tzipi Livni, this is not a lawsuit against Israel. This is a lawsuit against any democracy that fights terror.”

Baroness Scotland announces plans to alter laws after attempts to obtain warrants against Israeli generals for war crimes

British government under pressure to remove threat of legal action against Israeli leaders for war crimes in Gaza

“Genocide does not necessarily mean the immediate destruction of a nation… It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be the disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups.” (Raphael Lemkin, 1943)

“Suddenly, the ICC has turned into a potential threat,” warned Reisner, who was one of the architects of Israel’s policy not to have the military police investigate IDF soldiers suspected of involvement in the deaths of Palestinian civilians, a policy that has been in force since the beginning of the intifada in 2000. “If that happens, it will be a turning point in Israel’s position in the world.”

According to a current prosecutor at the International Criminal Court in The Hague… the significance of the Goldstone report… lies in its conclusion that Israel’s leaders “planned and predetermined the grave violations [of international law] and human rights abuses” long before the attack on Gaza.

The Women’s Coalition for Peace sent a letter on Wednesday to Israel’s former Foreign Minister, Tzipi Livni, calling on her to cooperate with international investigations into her role in the assault on Gaza last winter, after a British court issued an warrant for her arrest on Monday.

The Foreign Ministry on Tuesday summoned the British envoy to Israel to rebuke him over the arrest warrant issued for Kadima chairwoman Tzipi Livni for alleged war crimes in Gaza. … [Naor Gilon, deputy director at the Foreign Ministry in charge of Western Europe] called on Phillips to urge his government to change the law that allows for arrest warrants to be issued against senior Israeli officials over alleged war crimes perpetrated in Gaza during the winter conflict between Israel and Hamas.

Berlanty Azzam , 22, has been in the West Bank since 2005 and has only two months of studies left in order to complete her Bachelor’s degree in business administration. In late October, however, the Israeli authorities expelled her back to Gaza claiming that that she was illegally staying in the West Bank.

Israeli security agents held a Palestinian patient for three weeks without charge, interrogated him repeatedly and offered access to hospital care if he agreed to become an informant, the Guardian has learned.

“… [W]e know the incident I was involved in was not an unusual one, but one that happens a lot… The only difference is that in my case it was documented and that’s how the entire world saw and heard about it… The Israeli courts have proved and taught us that they are part of the occupation system. It’s like the judge, the defendant and the prosecutor are the same thing, as they are part of one system. How can the same system judge itself?”