Gaza tower collapses after Israel strike, several injured
Press TV – August 23, 2014
The Tel Aviv regime has bombed a 12-story residential building in the center of the beleaguered Gaza Strip, leaving several wounded.
The Zafer Tower, located in Tel al-Hawa neighborhood in southern Gaza City, was toppled by Israel’s warplanes on Saturday.
Two missiles hit the tower within seconds causing a massive fireball, which was followed by smoke billowing into the sky.
The strikes, which shook the neighboring high-rises in the area, brought down the entire tower with 44 apartments.
“People started shouting Allahu Akbar, and women and kids were screaming,” said, a resident, adding, “This is crazy. The state of Israel has resorted to madness. In less than a minute, 44 families have become displaced … They lost everything, their house, their money, their memories and their security.”
According to some reports, 22 people were wounded, including 11 children and five women.
The Israeli military said it targeted a room belonging to Palestinian resistance movement Hamas in the building.
Press TV’s correspondent in Gaza said the collateral damage was immense, adding, the residents of two nearby buildings had also been warned to evacuate for impending airstrikes.
Israeli warplanes and tanks have been pounding the blockaded enclave since early July, inflicting heavy losses on the Palestinian land.
Some 2,100 people, mostly civilians, have lost their lives and over 10,200 have been injured despite pressure from the international community on the Tel Aviv regime to end aggression against Palestinians.
Nearly 400,000 Palestinian children are in immediate need of psychological help due to “catastrophic and tragic impact” of the Israeli war, according to the United Nations Children’s Fund (UNICEF).
The Ezzedine al-Qassam Brigades, the military wing of Hamas, has been launching retaliatory attacks against Israel.
Israeli forces use Palestinian child as human shield in Gaza
Ahmad Abu Raida was only 16 when Israeli soldiers repeatedly used him as a human shield for five days in Khuza’a, southern Gaza.
Defense for Children International – Palestine | August 21, 2014
Ramallah — Israeli soldiers repeatedly used Ahmad Abu Raida, 17, as a human shield for five days while he was held hostage during Israel’s ground invasion of the Gaza Strip.
Ahmad, from Khuza’a, near the southern Gaza town of Khan Younis, was just 16 years old when he was taken from his family on July 23. He was forced at gunpoint to search for tunnels for five days, during which time he was interrogated, verbally and physically abused, and deprived of food and sleep. Ahmad told DCI-Palestine in a sworn testimony that Israeli soldiers attempted both to extract information from him regarding Hamas members, and recruit him as an informant, before releasing him on July 27.
“The Israeli military has consistently accused Hamas of using civilians – particularly children – as human shields, but this incident represents a clear case of their soldiers forcing a child to directly assist in military operations,” said Rifat Kassis, executive director of DCI-Palestine. “Israeli officials make generalized accusations while Israeli soldiers engage in conduct that amounts to war crimes.”
Ahmad’s ordeal began on July 21, when Israeli tanks entered Khuza’a, a town where Israeli forces allegedly committed war crimes during the the ground invasion of the Gaza Strip. After two days of hiding at home, Ahmad’s family and neighbors attempted to flee intense artillery fire. As they tried to leave, however, Israeli soldiers assembled civilians, separating young men from others.
Ahmad was singled out, detained with his hands tied behind his back, and kicked and insulted by a soldier. His family was released, but lost sight of him as they fled the area.
In the days that followed, despite not being associated with Hamas, Ahmad was interrogated about his political affiliation and the location of Hamas tunnels. He managed to sleep for just two hours on the first night, sitting in a chair with his hands tied behind him. Every day he was made to search for tunnels, including at one point digging under the afternoon sun.
Speaking to DCI-Palestine, Ahmad said, “[The Captain and the soldiers] were walking behind me, with their rifles pointed at me. “Get in and see if there are tunnels or not,” [the Captain] ordered me. They made me search all the rooms for tunnels. Whenever I told them there were no tunnels, they would take me out and search the room themselves.”
Ahmad details an almost constant stream of abuse and threats during his detention, including kicks and punches, whips with a wire, and threats of a sexual nature. When he was left alone in a civilian house for a period, he found some note paper and wrote a secret letter to his family, believing that he would be killed. On Sunday, July 27, he was finally released. Ahmad’s father confirmed that, for five days, the family believed that he was dead.
The use of civilians as human shields, which involves forcing civilians to directly assist in military operations or using them to shield a military object or troops from attack, is prohibited under international law. The practice is also prohibited under Israeli law based on a 2005 ruling by the Israeli High Court of Justice.
Israel has repeatedly blamed the high civilian death toll in Gaza on Hamas, accusing them of using civilians as human shields. Human rights groups and journalists have found no evidence to support the claim. The mere presence of Palestinian armed group members among the civilian population does not rise to the standard under international law. … Full article
UNRWA criticizes false Israeli claim that shelter was used to fire mortar
Ma’an – 23/08/2014
BETHLEHEM – The UN’s Palestine refugee agency UNRWA on Saturday criticized the Israeli military for publishing allegations — that have since been retracted — that Hamas militants fired a rocket from one of their schools in Gaza the day before.
In a statement, the organization called upon “Israeli military spokespersons and other official sources to ensure the accuracy of their facts before going public,” highlighting that the organization maintained the “highest standards of neutrality.”
The Israeli military said in a statement late Friday that a mortar that killed a four-year-old child in southern Israel was launched from an UNRWA school being used to shelter displaced Gazan families.
It added that it had “conveyed a severe message” to UNRWA and the Palestinian Authority regarding Hamas’ supposed “exploitation of civilian and UN facilities as a human shield.”
Less than two hours later, however, the military retracted the claim, saying that in fact the mortar had been launched from a school under the administration of Hamas authorities, without offering evidence.
The UNRWA statement criticized the “false” reports spread throughout the Israeli media, adding: “The same media outlets that rushed to report the incident without seeking confirmation from UNRWA are required and called upon to also report the Israeli army retraction.”
Israeli forces have bombed UNRWA schools being used as shelters at least seven times in the last six weeks, killing dozens of Palestinians.
The international community has blasted Israel for the attacks, and the agency has repeatedly stressed that it has given the coordinates of all of its shelters — currently holding around 485,000 displaced people — to Israeli military authorities.
Israel regularly criticizes Hamas for using Palestinians as “human shields” when launching rockets, and Israel has killed hundreds of civilians in attacks targeting Hamas officials or fighters.
Hamas signs proposal to join ICC
Al-Akhbar | August 23, 2014
Hamas has signed a proposal for the Palestinians to apply to join the International Criminal Court at which legal action could be taken against Israel, a senior official of the Islamist movement said Saturday.
“Hamas signed the document which (Palestinian) president (Mahmoud Abbas) put forth as a condition that all factions approve, before he goes to sign the Rome Statute, which paves the way for Palestine’s membership in the International Criminal Court (ICC),” Hamas deputy leader Mussa Abu Marzuq wrote on his Facebook page.
The Palestinian declaration came after two days of talks in Qatar between Abbas and Hamas supremo Khaled Meshaal.
Senior Palestinian negotiator Saeb Erakat told AFP that the Islamic Jihad, the second most powerful force in Gaza, “is currently the only Palestinian faction that has not signed” the document.
“They are studying the possibility of signing,” he added.
According to Erakat, “the document calls on president Abbas to sign the Rome Statute to join the ICC, and indicates all the signatories assume responsibility for this membership.”
Based in The Hague, the ICC opened its doors in 2003 and is the world’s first independent court set up to try the worst crimes, including genocide and war crimes.
Since the July 8 outbreak of the latest war in and around Gaza, Israel and Hamas have accused each other of war crimes.
Joining the ICC would also expose Palestinian factions to possible prosecution.
The Palestinians had in 2009 asked the ICC’s prosecutor’s office to investigate alleged war crimes and crimes against humanity committed by the Israeli military in Gaza.
There has so far been no probe as Palestine is not an ICC member state and its status as a state is uncertain in some international institutions.
However, the Palestinians in late November 2012 obtained the status of observer state at the United Nations, opening the door for an ICC investigation.
Israel has signed but not ratified the Rome Statute.
(AFP)
Seeking Accountability for Gaza
By Marjorie Cohn | Consortium News | August 23, 2014
The National Lawyers Guild (NLG), Center for Constitutional Rights, International Association of Democratic Lawyers, Arab Lawyers Union, and American Association of Jurists (Asociacion Americana de Juristas) sent a letter on Friday to Fatou Bensouda, Prosecutor of the International Criminal Court (ICC), urging her to initiate an investigation of war crimes, genocide, and crimes against humanity committed by Israeli leaders and aided and abetted by U.S. officials in Gaza. Under the Rome Statute, the ICC has the power to hold individuals criminally accountable for the most serious of crimes.
“In light of the extreme gravity of the situation in the occupied Gaza Strip, in particular the large number of civilian casualties and large scale destruction of civilian property, including schools, mosques and hospitals, and the ongoing incitement to genocide perpetrated by Israeli political figures and leaders, the [NLG] and endorsing organizations strongly urge the Office of the Prosecutor to use its power under Article 15 of the Rome Statute to initiate a preliminary investigation” of crimes within the ICC’s jurisdiction.
“[Under the Rome Statute, an] individual can be convicted of a war crime, genocide or a crime against humanity . . . if he or she ‘aids, abets or otherwise assists’ in the commission or attempted commission of the crime, ‘including providing the means for its commission’,” the letter reads.
“By transferring financial assistance, weapons and other military aid to Israel, members of the U.S. Congress, President Barack Obama and Defense Secretary Chuck Hagel have aided and abetted the commission of war crimes, genocide and crimes against humanity by Israeli officials and commanders in Gaza.”
The letter states that on July 20, in the midst of criminal behavior, Israel requested, and the U.S. Defense Department then authorized, the transfer to Israel of ammunition from the War Reserve Stockpile Ammunition. And in August 2014, Congress overwhelmingly approved, and Obama signed, a $225 million payment for Israel’s Iron Dome missile defense system.
“Israel’s clearly disproportionate use of force against the 1.8 million residents of Gaza appears to have little to do with any claim of security,” the organizations wrote, “but seems to be calculated to exact revenge against Palestinian civilians.” The letter quotes statements of Israeli officials advocating vengeance against “the entire Palestinian people “and “calling for the internment of Palestinians in concentration camps in Sinai and the destruction of the civilian infrastructure in Gaza.”
Allegations of War Crimes
The letter lists the following war crimes, and cites supporting factual allegations for each crime:
–willful killing (over 2,000 Palestinians, 80 percent civilians)
–willfully causing great suffering or serious injury (wounding nearly 10,000 Palestinians, 2,200 children)
–unlawful, wanton and unjustified extensive destruction and appropriation of property (tens of thousands of Palestinians lost homes, severe damage to infrastructure)
–willful deprivation of fair trial rights (450 Palestinians held without charge or trial); –intentional attacks against civilians or civilian objects or humanitarian vehicles, installations and personnel (bombing of numerous schools, UN places of refuge, hospitals, ambulances, mosques)
–intentionally launching unjustified attacks, knowing they will kill or injure civilians, damage civilian objects, or cause long-term and severe damage to the natural environment (use of ‘Dahiya Doctrine’ to apply “disproportionate force” and cause “great damage and destruction to civilian property and infrastructure, and suffering to civilian populations,” as defined in UN Human Rights Council [Goldstone] Report). Israel virtually flattened town of Khuza’a.
Allegations of Genocide
Article 6 of the Rome Statute defines “genocide” as the commission of any of the following acts with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group: (a) killing members of the group; (b) causing serious bodily harm to members of the group; or (c) deliberately inflicting on the group conditions of life calculated to bring about its destruction in whole or in part.
The letter says, “In light of the fact that Palestinians in Gaza had no ability to flee for safety, it must be assumed the responsible Israeli officials knew that huge casualties and destruction of civilian property and infrastructure were certain during the massive bombardment by land, air and sea of the occupied Gaza Strip.”
The letter also lists “the repeatedly inciting public statements made by Israeli officials before and during the course of Operation Protective Edge and the history of Israel’s repeated bombardment of Palestinian refugee camps and populations in Lebanon and in Gaza” as evidence that “Israeli officials may be implementing a plan to destroy the Palestinian population, at least in part.”
Allegations of Crimes against Humanity
Article 7 of the Rome Statute defines “crimes against humanity” as the commission of any of the following, when part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) Murder; (b) Persecution against a group or collectivity based on its political, racial, national, ethnic or religious character; or (c) The crime of apartheid (inhumane acts committed in the context of an institutional regime of systematic oppression and domination by one racial group over another racial group, with the intent to maintain that regime).
The letter states, “Israeli forces have killed, wounded, summarily executed and administratively detained Palestinians, Hamas forces and civilians alike. Israeli forces intentionally destroyed the infrastructure in Gaza.” It also says Israel keeps Palestinians caged in “the world’s largest open air prison,” and “controls all ingress and egress to Gaza, and limits … access to medicine and other essentials.”
Finally, the letter cites arbitrary arrest and administrative detention; expropriation of property; destruction of homes, crops and trees; separate areas and roads; segregated housing, legal and educational systems for Palestinians and Jews; the illegal barrier wall encroaching on Palestinian territory; hundreds of illegal Jewish settlements on Palestinian land; and denying the right of Palestinians to return to their homeland because they are not Jews.
The signatories to the letter conclude that “[t]he initiation of an investigation would send a clear message to all involved either in committing or in aiding and abetting of the aforementioned crimes that they stand to be held personally accountable for their actions.”
It remains to be seen whether the ICC will exercise jurisdiction in such a case since neither Israel nor the United States is a party to the Rome Statute. But if the ICC determines that Palestine can accede to the Rome Statute, the ICC could take jurisdiction over crimes committed by Israelis and Americans in Palestinian territory.
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Marjorie Cohn is a professor at Thomas Jefferson School of Law and former president of the National Lawyers Guild. Her next book, Drones and Targeted Killing: Legal, Moral and Geopolitical Issues, will be published in September 2014.