ICC sides with Israel, rejects Gaza war crimes probe
Al Akhbar | April 3, 2012
Amnesty International accused the International Criminal Court (ICC) of “political bias” after it refused to investigate crimes carried out by Israelis during the 2008-9 Gaza War.
The court’s chief prosecutor on Tuesday rejected a bid by the Palestinian Authority to clear the way for the permanent war crimes tribunal to investigate the attacks, which left at least 1,300 Palestinians dead.
The UK-based rights group criticized the ruling, saying the ICC had risked its independence.
“This dangerous decision opens the ICC to accusations of political bias and is inconsistent with the independence of the ICC. It also breaches the Rome Statute which clearly states that such matters should be considered by the institution’s judges,” said Marek Marczyński, head of Amnesty International’s International Justice campaign.
The ICC based its decision on Palestine not being determined as a state by UN bodies and ICC states, but Amnesty insists the court has ruled in error.
“For the past three years, the prosecutor has been considering the question of whether the Palestinian Authority is a “state” that comes under the jurisdiction of the ICC and whether the ICC can investigate crimes committed during the 2008-9 conflict in Gaza and southern Israel.”
“Now, despite Amnesty International’s calls and a very clear requirement in the ICC’s statute that the judges should decide on such matters, the Prosecutor has erroneously dodged the question, passing it to other political bodies.”
The long-awaited written ruling by Luis Moreno-Ocampo is also a setback to the Palestinian campaign for international recognition as an independent state.
Israel launched a deadly war on the Gaza Strip at the end of 2008, carrying out a series of indiscriminate bombing raids and ground invasions on heavily populated civilian areas.
Israel also bombed UN compounds in Gaza during the war.
Palestinians have attempted to seek justice through the international criminal system, with attempted prosecutions of Israeli war criminals.
In December 2009, a British court issued an arrest warrant of former Israeli Foreign Minister Tzipi Livni for her role in the killings, but the ruling was later overturned.
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Israeli occupation forces arrest journalist, MP’s son
Palestine Information Center – 03/04/2012
NABLUS — Israeli occupation forces (IOF) stormed the city of Nablus at dawn Tuesday and arrested Fadl Beitawi, the son of MP Hamed Beitawi, from his home, sources told the PIC.
They said that journalist Mohammed Anwar, 29, who works with Quds Press, was also taken from his home in the pre-dawn raid.
The sources said that the soldiers encircled the homes of both men, who are in the same suburb to the east of the city, and ordered them to get out of their homes because they are under arrest.
This is the third time Beitawi is detained and has served a total of four years in Israeli jails while it is the fourth time for the journalist who served four and a half years in the occupation jails.
Sources told the PIC that the soldiers also stormed a number of houses in the same suburb including that of MP Hamed Beitawi, which was thoroughly searched. They said that the soldiers might have taken other persons from the suburb.
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Israel demolishes buildings, pylons near Bethlehem
Ma’an – 03/04/2012
BETHLEHEM – Israeli forces demolished four ancient buildings and uprooted 52 electricity poles in lands near Bethlehem on Tuesday morning, locals said.
The electricity line that connects the Al-Makhrour neighborhood to nearby Beit Jala was destroyed by bulldozers, local anti-wall committee coordinator Mazin al-Azza told Ma’an.
Locals said the electricity connection had been installed eight years ago, and they never received a demolition order for it from Israeli authorities.
Al-Makhrour, west of Bethlehem, is considered a natural heritage site by the Center for Cultural Heritage Preservation. The hillside neighborhood is slated to be cut off from Beit Jala by Israel’s separation wall, the center says.
UN Delegation Arrives in Syria Wednesday
Al-Manar | April 3, 2012
Syrian Foreign Ministry Spokesman Jihad Maqdissi confirmed Tuesday that a United Nations delegation will arrive to Syria tomorrow to discuss the mechanisms for implementing International Envoy Kofi Annan’s peace plan.
As he reiterated Syria’s commitment and concern to implement Annan’s plan successfully, he criticized some Gulf countries’ decision to arm the so-called opposition, considering that this “targets Syria’s national security on one hand, and obstructs Annan’s mission on another hand”.
In parallel, international envoy Kofi Annan’s spokesman announced Tuesday that an advance UN team is expected in Damascus within the next two days.
“We expect the UN advance team on the deployment of monitors to arrive in Syria in the next 48 hours. They are there to work on the modalities of the deployment of monitors,” the spokesman told AFP.
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Qaryut: 8 year old injured by bomb planted by Israelis
2 April 2012 | International Solidarity Movement, West Bank
Yemams father did not have time to respond to his son before the bomb exploded. Ripping through three layers of clothes and even more layers of skin, his father had to watch the tragedy unfold before his eyes. Yemam Mohammad Fatah Azam is just eight years old. He was enjoying a Friday afternoon with his father in the olive groves.
Situated between the illegal Israeli settlements of Shilo, Eli, and Suvat Rachel, Qaryut is not new to military and settler violence. Yamam’s story however is the first incident of its kind and has shaken the community. As floods of school children come to visit Yamam in his home, it is clear that all the parents are aware that the bomb could have been in their loved one’s hands. The children show they are upset with a handshake and sit next to Yamam in silence.
Bashar, a member of the Popular Commitee explains that the planting of un-exploded ordinance (UXO) ”… is an act to intimidate us from going to our land.”
Efforts by violent Zionist settlers have been well underway to intimidate farmers from visiting their land, and recently the village has joined the popular resistance with a Friday demonstration in protest of the closure of their road by Israeli military. The road runs through the land in which many farmers reside. One farmer explained, “It brings us much comfort to have cars passing through the road, we know if anything was to happen a car would stop and support us.”
As Yamam lays in bed, not able to move much due to the wound constantly re-opening, causing pain beyond comprehension, four more bombs lay on the land near by. This case has reached The United Nations group, OCHA, who has reported this in their “Protection of Civilians Weekly Report, 21-27 March 2012.” The Palestinian Authority is also addressing the issue as well. Both have been informed of the bombs which still reside on the land of the farmers, but have not been able to make the area safe. Due to the olive groves being in Area C, the Palestinian Authority has no permission to enter the land.
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The belligerent “friends” of Syria in Istanbul
By Babich Dmitry | Voice of Russia | April 2, 2012
The decision of the United States and several Persian Gulf monarchies to create a fund that would pay “salaries” to opposition fighters in Syria and provide the rebels with Western “communication equipment” removes the last remnants of legality from the foreign involvement in Syria.
At the conference of the so called “Friends of Syria,” held in Istanbul in the beginning of this week and not attended by representatives of Russia, some astounding figures were mentioned. Molham al-Drobi, a member of the Syrian National Council, said his organization had pledges of $100 million in “salaries” for the militants inside Syria, which would help them to prolong the fighting for the next three months. The other motive for handing salaries is to encourage Syrian army soldiers to “defect” (a Syrian legalist worm would say – break his soldier’s oath) leaving the army ranks for greener pastures in the so called Free Syrian Army. Burhan Ghalioun, the head of the Istanbul-based Syrian National Council, promised to organize and keep this army together at the expense of sponsors from Saudi Arabia, Qatar and… the United States.
How very interesting! How would the United States react to a pledge by some “friends of the US” from foreign governments to pay salaries to deserters from the American army in case they join some “liberation struggle” against a bad guy in the White House? Wouldn’t it be a bit too much even for the greatest liberal in Washington D.C.?
There can be a legal basis (albeit a very shaky one) for providing humanitarian aid to the people in Syria’s regions which were devastated by the war. But even on that issue, a pledge of $176 million in humanitarian assistance made in Istanbul is a very arguable one, since the aid will go to Syrians via the hands of the Syrian National Council. An aid to victims of a civil war made via one of the sides in that war is a questionable method of charity activities. One should not forget also that the SNC is just one of many Syrian opposition groups and its source of legitimacy lies outside Syria – it was recognized as a “legitimate representative of the Syrian people” by those same “Friends of Syria” at their meetings in Tunisia and Istanbul.
What is even more stunning is the fact that participants of the conference in Istanbul plan to purchase the weapons for the Syrian rebels on the international “black market” for weapons, as the Washington Post reported. So, what about all the warnings we heard from Washington about the dangers of “black markets” for military equipment and technologies? Weren’t whole countries (such as Iraq) invaded with the official purpose of curbing those black markets?
“The interesting feature of today’s world is that the most unpredictable countries in it are not some God-forsaken Oriental dictatorships, as it was the case earlier, but modern Western states, with their elected governments, modern armed forces and seemingly disparate media,” said Igor Maksimychev, a senior research fellow at the Institute of Europe in the Russian Academy of Sciences.
“Communication equipment,” which US Secretary of State Hillary Rodham Clinton is planning to provide to the rebels, looks (or, rather, sounds) suspiciously like military equipment, as, in Mrs. Clinton’s own words, it “will help activists organize, evade attacks by the regime, and connect to the outside world.” Obviously, “activists” will need this organization not for Friday night parties. And, since the times of Chinese strategists, “evading attacks” of the enemy is the primary part of warfare, probably an even more important one than actually striking the enemy.
In this situation, Russia seems to be the only heavyweight international player opposed to the trend of arming, wining and dining the anti-government fighters in Syria. A statement issued by the Russian foreign ministry said that the intention of “the friends of Syria” to provide the Syrian opposition military aid goes against the aims of a peaceful settlement of the conflict. “The meeting in Istanbul, unfortunately, retained a unilateral character, its participants did not include the representatives of Syria’s government and many influential groups of Syria’s political opposition,” said Maria Zakharova, deputy head of the department of information and media at the Russian MFA.
Georgy Mirsky, senior research fellow at the Institute of World Economy and International Relations, does not see a positive logic in the Western actions against the Syrian government. These actions can be explained only by Damascus’s traditionally close ties to Iran, now perceived in Europe and the US as a hostile country. “Assad personally did not take any Western lives and did not inflict on the West any substantial economic damage,” Mirsky explains. “But talking about Assad Americans have in the back of their minds Iran, and that explains a lot in their attitude to Tehran.”
Interestingly, the current Iranian regime is the result of what is usually termed in the US as a “revolution gone wrong.” The toppling of an authoritarian shah (a sort of an “Iranian spring” in 1978-1979) ultimately brought Islamists to power. Now Islamists are slowly moving to complete power in Egypt, Libya, Tunisia (in Egypt the Christian Copts yesterday left the Constitutional Council, where they were hugely outnumbered by Islamists). So, how many more “aborted revolutions” is the West going to correct via arms from the black market, “defensive” communication equipment or outright interventions?
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Israeli Brutality: Violent arrests of Palestinians in Hebron and disappearance of Dutch volunteer
1 April 2012 | International Solidarity Movement, West Bank
A Dutch woman and several Palestinians were violently arrested today during an attempt to reclaim a Palestinian house at the entrance of the old city in occupied Al Khalil (Hebron).
About 30 Palestinians and international ISM activists from Canada, Finland, United States and the Netherlands entered a Palestinian house that was taken over by the Israeli army around eight years ago. The re-occupation of the house was an attempt to return the house it’s rightful owner and a response to the takeover of a Palestinian house on Shuhada street by settlers under the protection of the Israeli army and border police.
The windows of the house had been broken and the house was filled with trashed furniture, reminders of the families who had lived there. Stars of David and other graffiti covered the walls, and the floor was littered with the casings of rubber coated steel bullets and a tear gas canister. From the front window the watchtower of the settlement Beit Romano is visible.
As activists started cleaning the house and preparing to spend the night there, the Israeli army prepared to invade the house with sound bombs, skunk water and soldiers in full riot gear. Over 50 soldiers and 5 border police blocked the road and cleared the surrounding area before entering the house that was being reoccupied, claiming that the house was now Jewish property.
The soldiers then entered the house and began to forcefully remove the non-violent protesters by punching, hitting with batons, kicking, pulling people by their hair and grabbing them by their throat before pulling them out of the house.
“I was dragged out down a flight of stairs by my ankle by a soldier” said an ISM activist from Canada. “The soldier had his boot on my face,” said an ISMer from Finland.
One Palestinian was beaten until he became unconscious. He was taken to hospital in an ambulance with another injured person. When internationals and Palestinians attempted to help the unconscious man, the Israeli army threw sound bombs near his head and then dragged him away by his feet.
The Israeli army threw sound bombs and sprayed skunk water at the crowd that had gathered to support the Palestinians and internationals.
The Dutch activist and Youth Against Settlements leader Issa Amro are still being held by police. The whereabouts of the Dutch activist is unknown currently, and an emergency hotline for the Dutch Embassy only suggested that an email be sent to detail the event.
The embassy employee commented that, “We can see to it that she is fed, bathed, and if she needs medicine.” When asked if he can attempt to locate her, he mumbled a comment about her attending a demonstration, and stated “Israel is a friend of the Netherlands, and we respect the law of the land.” He then suggested to call the Dutch Consulate during its working hours and to send information about the woman to its email address.
ISM is working vigorously to determine the whereabouts of its volunteer, yet is fearful that while the Israelis deny that she is held in one of their imprisonment facilities despite dozens seeing her physically taken away by Israelis, that they may be attempting to deport her without fair trial or an accusation as they did with a British volunteer in July 2011.
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Palestinian Family loses property ownership case in Israeli court
IMEMC | April 02, 2012
Israel’s Supreme Court ruled on Monday that a prominent Palestinian family could not claim ownership of a landmark and now derelict building in East Jerusalem.
The Husseini family said the Shepherd Hotel, now partially demolished, is a symbol of the Palestinian rights to their land and to East Jerusalem, and strongly criticized the court ruling.
The Shepherd Hotel was built in the 1930s and served as the home of Jerusalem grand mufti Haj Amin Husseini.
It was declared “absentee property” by Israel after it was captured and annexed to East Jerusalem in 1967. The title was transferred to an Israeli firm, which sold it in 1985 to Irving Moskowitz, a Florida businessman and patron of Jewish settlers.
The “absentee property” law has been enforced by Israel since 1948 which allowed the Israeli authorities to confiscate land and property of Palestinians who were prohibited to return to their land and property after 1948.
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Israeli forces shut down media launch in Jerusalem
Ma’an – 02/04/2012
JERUSALEM – Israeli forces raided the Jerusalem office of a university media institute on Monday, shutting down the launch of an online media network and detaining employees.
Plainclothes police shut down the launch of the Hona al-Quds news site in the al-Khalidiya neighborhood of Jerusalem’s Old City, and confiscated equipment and files, network director Harun Abu Arrah told Ma’an.
Two employees — Adel Ruished and Mohannad Izheman — were detained, and guests attending the launch were blocked from entering.
Employees were presented with an order signed by the Israeli minister of internal security forbidding the event as a banned initiative of the Palestinian Authority, director of Al-Quds University Institute for Modern Media Lucy Nusseibeh told Ma’an.
The university, which launched Hona al-Quds, has been registered as an independent non-governmental organization with Israeli authorities for decades, Nusseibeh added.
The launch was intended to take place simultaneously with the institute’s Ramallah office by Skype.
Izheman, a university security guard, has since been released with a summons to return to police offices on Tuesday, and Ruished, the university’s Administrative Director of Jerusalem Affairs, is still being held, a university statement said.
Israeli police spokesman Mickey Rosenfeld said the facility was “closed until further notice,” on suspicions of use for Palestinian official activity in Jerusalem.
“This is the second attack on our media institution in five weeks — this is education and not a political project,” Nusseibeh said.
In late February, Israeli forces raided the institute’s Al-Quds Educational TV in Ramallah-district Al-Bireh and confiscated its broadcasting equipment, claiming it was interrupting legal broadcasting.
The same day, Israeli forces also raided Watan TV’s newsroom in Ramallah and seized transmitters.
Reporters Without Borders said at the time it was “deeply shocked” by the raids.
“These arbitrary and illegal operations served yet again to intimidate Palestinian media and journalists, the victims of repeated attacks by the (Israeli army),” the group said in a statement.
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The ACLU and Obama’s Assassination Program
By Binoy Kampmark | Dissident Voice | April 2, 2012
Due process and judicial process are not one and the same. The Founders weren’t picky. Trial by jury, trial by fire, rock-paper-scissors – who cares?
— Stephen Colbert, March 6, 2012
The policies around the assassination program of the United States are surreal.
Trafficking in murder while espousing noble things is a habit regimes fall into, though the more sinister ones tend to use weasel words to conceal that fact. The Obama administration, having long abandoned its role as the knight in shining armour, is now rusting away with the effects of realpolitik.
The ACLU has been trying through Freedom of Information channels to force a disclosure of the guidelines the administration uses in targeting foreign nationals or American citizens through the infamous drone program that has become de rigueur in military circles. The CIA has insisted that it cannot confirm or deny the existence or non-existence of those records that cover the targeting of individuals, or whether it is even employing such vehicles in the first place. They are “intelligence sources and methods information that is protected from disclosure by section 6 of the CIA Act of 1949, as amended”. In such circles, the response is termed the Glomar response, after the CIA’s refusal in 1976 to confirm or deny its relationship with Glomar Explorer, a drill ship created at the direction of Howard Hughes for the agency to recover the sunken Soviet submarine, the K-129.
In the words of Jameel Jaffer of the ACLU, as reported by Salon (March 26). “At this point, the only consequence of pretending that it’s a secret program is that the courts don’t play a role in overseeing it.” With the courts left out in the cold, the administration can run riot. This, of course, is its self-appointed prerogative.
The Obama administration is engaging in a lexical game of murder, a game that has certainly silenced many of those who would have expressed outrage at the assortment of abuses perpetrated by the Bush administration. Tinker with the words, and the result is considered perfectly justifiable in the name of a higher state interest. This is Cheney with the gloss, Rumsfeld with the polish. Adjust the terms of reference, and assassination is an entirely rum thing.
Obama’s front man in this entire business, in true tasteless fashion, is Eric Holder. Instead of defending the law as is the incumbent duty of any Attorney General, he has a nasty tendency to get sick on it. He brings in his broom to clean up, and in its place he leaves the slime of gibberish. At Northwestern University Law School, he clearly repudiated the position he had taken regarding the Bush administration, whose policies in the ‘war on terror’ had occasioned ‘needlessly abusive and unlawful practices’. That, however, was in 2008. The new Holder was a different beast, more prone to splitting hairs. ‘Due process’ and ‘judicial process’, we are made to realise, ‘are not one and the same’. The President, according to Holder, is not required to seek permission from any court before targeting American citizens abroad (Washington Times, March 12).
Supposedly, the targeting of such individuals is constrained by guidelines. The problem with such dangerous talk is that guidelines are merely points on paper, the scrawl of the moment. They have a tendency of disappearing as quickly as they appear. These guidelines tend to revolve around the nature of the target (an operative of a terrorist group seeking to actively kill American citizens, for one; that the target poses an imminent threat to the US; that the capture of the target is impractical; and that the target is to be eliminated on the basis of ‘relevant law of war principles’ (Washington Times, March 12). Such determinations do not lie in the legal domain. They are rather matters of political expediency.
An administration up to its eyeballs with legal rhetoric is bound to eventually be told it has no clothes, that its efforts are simply acts of distortion. The time it seems, courtesy of the ACLU’s efforts, is now.
Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. He can be reached at bkampmark@gmail.com
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