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Hamas clarifies press remarks by Mishaal on three settlers killed last June

Palestine Information Center – 24/08/2014

DOHA – The Hamas Movement said it had had no idea at first who kidnapped and killed three Jewish settlers in the West Bank last June, but it described what happened to them as a natural and legitimate act against the illegitimate Israeli occupation.

This came in an explanatory statement released by the Movement on Saturday evening to clarify inaccurate and incomplete media and press interpretations of remarks made on Friday by head of its political bureau Khaled Mishaal in an interview conducted by Yahoo News.

“We did not have prior knowledge of this act which was done by a group of Hamas members, but we do know that any distressed people living under occupation and oppression could do anything to defend themselves,” the Hamas Movement explained.

“The soldiers and settlers in the West Bank are considered ‘assailants’ and live illegally on usurped and occupied Palestinian land, so the Palestinians have the right to resist them,” the Movement reiterated some of what Mishaal said in the interview.

The Movement also included in its statement some of the remarks that were made by Mishaal during the interview in Arabic. The Palestinian Information Center translated these remarks as follows:

“This group of Hamas members are in Al-Khalil and the Israeli investigations have unveiled lately that they had carried out this operation against those armed settlers who practiced, as thousands of other settlers do, their violence in all Palestinian areas. However, we, as the leadership of Hamas, did not know about that. This was known later on.”

“This is part of the [Palestinian] reaction to the occupation and settlement, because as you know the West Bank is an occupied territory according to the international law and the American standards, and the right to self-defense is guaranteed for all.”

“I am talking about something that has been announced as a result of the recent Israeli investigations. We in the political leadership of Hamas are not sure about that, but if that was true, it would be in the context of self-defense against Israeli occupiers whether they are soldiers or settlers. They are not civilians living in other places; they are living in Jerusalem and the West Bank which are occupied territories in accordance with the international law and the American standards.”

In a related context, member of Hamas’s political bureau Saleh Al-Aruri said that what he had previously stated about the kidnapping of three settlers in the West Bank was not a declaration of responsibility for the operation.

Aruri stated in a press release on Saturday that he had made his remarks in this regard based on the results of the recent Israeli investigations.

“The leadership of the Movement had no idea at the time about the group or the operation, but later it turned out that they were a group of Hamas fighters, and about this context was my talk,” the Hamas official explained.

August 24, 2014 Posted by | Ethnic Cleansing, Racism, Zionism | , , , , | Leave a comment

Palestine Supporters Block Israeli Ships in Washington and Los Angeles

By Celine Hagbard | IMEMC News | August 24, 2014

Following a four-day long port blockade action in Oakland, California, in which activists delayed and blocked an Israeli ship from unloading its goods, Palestine supporters in Tacoma, Washington and Los Angeles, California have continued the action on Friday and Saturday by blocking two ships from the Israeli Zim line.

The activists are following a call from hundreds of Palestinian civil society groups to boycott Israeli goods, as part of a campaign of Boycott, Divestment and Sanctions aimed at pressuring Israel through economic means to comply with its obligations under international law, and end its attacks and discrimination against the Palestinian people.

Protesters coordinated their actions with the start and stop times of the shifts of dockworkers, most of whom are unionized with the ILWU (International Longshore and Warehouse workers Union). They hoped that, by forming a picket line in front of the port entrances, they would be able to create a situation in which the unionized workers would be able to say that crossing the picket could endanger their safety. If that condition exists, the union workers are permitted to go home without carrying out the work of unloading the ship.

This happened on a number of the shifts during the four-day long blockade in Oakland and, apparently, occurred for several of the shifts at the port of Los Angeles and the Port of Tacoma as well. The ships only have a few days in which they can remain in port in order to keep their schedule, so, there is a good possibility that, because of the delays and ‘health and safety’ issues, many of the goods on the ships were not unloaded at all.

Among those participating in the port blockade in Tacoma, Washington are the parents of the late Rachel Corrie, who was killed by an Israeli bulldozer in 2003, at the age of 23, while standing in front of a Palestinian doctor’s home to try to stop the Israeli military from demolishing it.

Zim Integrated Shipping Services is an Israeli firm specializing in shipping Israeli products to ports around the world. It is the largest Israeli international shipping company. The company was founded in 1945 by the Jewish Agency and the Histadrut (General Federation of Laborers in the Land of Israel). When Israel was created in 1948, the government of Israel held a controlling share in the firm until 2008, when the controlling share was sold to the Israel Corporation.

The Israel Corporation was originally founded by the government of Israel, and was exempted from taxes for decades – it is now controlled by the Ofer Brothers.

One of the Oakland action organizers, Reem Assil, said, “It’s not just about the military offensive in Gaza. That sparked an international outrage, but we know this is nothing new. The ceasefire is still up in the air, and we want to make sure to use this point in our history to make sure this never happens again. Part of doing that is to isolate Israel.”

She said that activists in Oakland worked closely with union members to try to build support for their action, adding, “This is the kick-off of what we hope to be many. We hope this is the beginning of a continued coordinated strategy of working with local rank and file and educating union members.”

The exact products on board the Zim ships are unknown, but they are likely to include Sodastream, a do-it-yourself soda-making device which is manufactured in an Israeli settlement on illegally-seized Palestinian land; Ahava dead sea salts, which are seized from Palestinian land in violation of the Dead Sea Agreement, and Osem brand food products, some of which are manufactured and packaged in Israeli settlements on illegally-seized Palestinian land, in the West Bank.

Following the successful actions in Oakland, Tacoma and Los Angeles, Palestine supporters in other cities say they are preparing for potential blockades of Israeli ships from the Zim line in Seattle, Washington, Dublin, Ireland (August 29th), and Valencia, Spain (August 24th).

August 24, 2014 Posted by | Ethnic Cleansing, Racism, Zionism, Solidarity and Activism, War Crimes | , , , , , , | Leave a comment

Gaza tower collapses after Israel strike, several injured

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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.

August 23, 2014 Posted by | Ethnic Cleansing, Racism, Zionism, Video, War Crimes | , , , | Leave a comment

As Foreign Insurgents Continue to Terrorize Syria, the Reconciliation Trend Grows

By Eva Bartlett | Dissident Voice | August 22, 2014

In June, 2014, I met with Dr. Ali Haidar, Syria’s Minister of National Reconciliation, in his Damascus office. An eye surgeon and leader of the SSNP (Syrian Social Nationalist Party, an opposition party within Syria), Dr. Haidar assumed position as Minister of Reconciliation in June 2012.

Eva Bartlett: What is ‘Mussalaha’ (‘Reconciliation’)?  How did it begin?

Dr. Ali Haidar: In February, 2012, the Syrian government changed the constitution, and in May Syria held Parliamentary elections. We, as an opposition party, joined the elections, because we believe that the solution is Syria is a political one, reconciliation between all Syrians…when there is talk between all Syrians.

After much discussion in Parliament, we drafted the paperwork requesting to start a Reconciliation Ministry. President Bashar al-Assad supported the idea, and the Ministry was established in June, 2012 when the President decreed the formation of a new cabinet.

Reconciliation isn’t that we are making a deal with armed insurgents. The idea is to restore the state of security in Syria. In our work towards reconciliation, we look at two main sectors: One, the insurgents, and the other, Syrian civilians living in areas controlled by the insurgents.

Regarding the insurgents, we differentiate between the Syrian insurgents and the foreign militias. The latter refuse any dialogue with the government and are simply terrorists in Syria. And unfortunately, they are large in numbers and are the leaders of the dominant insurgent groups. The only people we communicate with are armed Syrians, not with the foreign militias.

We encourage armed Syrians to cut any ties with the foreign militias. Then, we negotiate with them on how to reconcile. We’ve been very successful, in many areas, having them disarm and go back to their normal lives. We’ve had thousands of successes.

The second focus is on Syrian society. Syrians are suffering in all respects: their security and safety, the economy, social services, education, the large number of martyrs and injured, the kidnapped, the missing, the internally-displaced… We are trying to find a solution to each one of these cases. That is the deepest meaning of ‘reconciliation’: to return people to their normal lives.

EB: What is the role of grassroots activists in the Reconciliation effort?

AH: Although there are citizens involved, it is not a ‘grassroots’ movement; it came from the government to the people. One week after establishing the Ministry of Reconciliation, I went to Homs to begin working on the reconciliation which we are seeing today.

In Homs, it has been a long process, because each area has its own mentality, own society, so we have to deal with each area individually. the Old City is different than that of Waer district, for example.

We are evaluate each area, whether there are armed fighters or not, foreign or local, whether we can negotiate with them or not, whether they are supported from outside or not, the number of civilians in the area and the degree of their suffering. All of these factors determine our success in reconciliation. This is what we are working on nationally.

EB: What guarantee is there for the return to civil life of those armed men who lay down their weapons?

AH: When Reconciliation first started, people wanted a guarantee that they would not be persecuted by the government. At first, in Homs, five people laid down their arms, and soon after they were released. Today, thousands have joined reconciliation, this is the guarantee to others. Those who have laid down their arms have not been arrested. We confront the allegations of Western media with the truth on the ground.

As an example of the reconciliation process, in Homs we established the Andalus school for rehabilitation. The armed fighters went from their area to this school, received everything they needed, including access to phones to contact their families. They spent a few days there, had meetings for rehabilitation, and returned to their families and are living with their families.

EB: Where have reconciliation efforts been successful?

AH: In many areas. The first reconciliation, and which has not been widely acknowledged, was in Banias, one of the first areas where armed people and problems occurred. For a while it was a very dangerous place, and today is one of the most beautiful and calm cities in Syria. In the countryside of Latakia there were battles, but now it is largely calm, people are living normal lives.

In the suburbs of Deir ez-Zor, the town of Quriya was the base of al-Qaeda-allied insurgents, has been restored to security.

In Homs and its countryside we have had excellent successes. North of Hama, south of Idlib, there have been more areas reconciled. And aside from Homs, Damascus and its suburbs—like Zabadani, Berza, Moadamiya—are our largest successes.

Now were are working in the suburbs of Aleppo and Idlib, in Qunitra. Even in Daara we’ve had successes. The Reconciliation project isn’t just in one area, it is nationwide.

EB: Are areas along Syria’s borders more difficult areas in which to achieve reconciliation?

AH: In areas close to the borders of Turkey, Jordan, Palestine it is more difficult, because of outside intervention, and because at the moment the government cannot control all of those borders. When the government was able to take control of the border with Lebanon, they were able to bring calm to the towns near the border, with a few exceptions.

Turkey and Jordan have opened their borders and allowed al-Qaeda and other terrorist groups to base themselves in their countries and cross into and out of Syria. They give them all sorts of support. These areas are battlefields, not civilian areas, so it is more difficult to bring calm, reconciliation, in those areas where foreign terrorist groups reside.

More than eighty percent of Syrian people live in or have fled to safe, government-controlled areas. Ten percent have fled Syria, and ten percent are in areas controlled by the armed groups.

In all areas where there are foreign-backed militias, like Jobar, Yarmouk, Harrasta, Waer, Idlib suburbs…the armed groups have prevented reconciliation, even killing those who attempt to lay down their arms.

EB: Has there been any external, political, support from the United Nations or any others outside Syria?

AH: We don’t get any political support, except from countries who are friends of Syria. To the contrary, America, Britain, France, Turkey… they have attacked the idea of reconciliation. Hillary Clinton publicly called for the armed groups to never give up their arms. Erdogan told them not to join reconciliation. Some of the armed groups’ sheikhs and Saudi sheikhs and have issued fatwas (religious edicts) that it is ‘haram’ (forbidden) to give up their arms.

Even though I’m the head of a Syrian opposition party, and joined the government from the position of an opposition party, because I’m involved in reconciliation, the EU put my name on its travel ban list, and would have frozen my bank accounts, but I don’t have any foreign accounts and have no plans of leaving either Syria or the government.

In the beginning, I tried to speak with those few ambassadors who had not yet left Syria, to no avail. I told them that I am ready to go to their countries and meet with any Syrian citizens there, as well as media, and discuss reconciliation.

EB: Final words?

AH: Reconciliation is like a marathon: there are those who’ve reached the end, those who are a few metres away, and those who are slow.

In the past two years, more than 10,000 Syrians have reconciled and returned to their homes and normal civilian lives.

*****

Following our discussion, I learned of Dr. Haidar’s own loss, like that of Syria’s Grand Mufti, Dr. Ahmad Badreddin, whose son Sarya was assassinated in October 2011. During the funeral, while sobbing, the Mufti called for forgiveness and reconciliation and forgave those who murdered his son.

Dr. Haidar’s son was gunned down while in a car driving northwest of Homs: “My son, Ismail, was in third year of medical school. On May 2, 2012, he was assassinated, as was the driver of the car. It was an attempt to assassinate me. This was before I joined the Ministry, I was just an eye doctor and head of the SSNP. We have so many martyrs, there is no one more precious than another, they are all Syrian.”

~

Eva Bartlett is a Canadian justice activist and freelance journalist and has been to Syria twice this year. Visit Eva’s website.

August 23, 2014 Posted by | Timeless or most popular | | Leave a comment

Israeli forces use Palestinian child as human shield in Gaza

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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

 

August 23, 2014 Posted by | Ethnic Cleansing, Racism, Zionism, War Crimes | , , | Leave a comment

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.

August 23, 2014 Posted by | Deception, Ethnic Cleansing, Racism, Zionism, Mainstream Media, Warmongering | , , , , | Leave a comment

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)

August 23, 2014 Posted by | War Crimes | , , , | Leave a comment

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.

~

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.

August 23, 2014 Posted by | Ethnic Cleansing, Racism, Zionism, War Crimes | , , | Leave a comment

Free Palestine? First We Must Free Ourselves from the Enemy Within

By Stuart Littlewood | Dissident Voice | August 23, 2014

Was anyone surprised to hear that the International Criminal Court is under pressure not to investigate Israel’s war crimes in Gaza?

The British government wouldn’t even vote for the UN Human Rights Council’s proposal to launch an inquiry and, along with France, abstained. The US, as expected, voted against. Even Ireland, Germany and Italy abstained in an extraordinary show of collective political cowardice. The enemy within had revealed itself.

As The Guardian reported, “at stake is the future of the ICC itself, an experiment in international justice that occupies a fragile position with no superpower backing. Russia, China and India have refused to sign up to it. The US and Israel signed the accord in 2000 but later withdrew.

“Some international lawyers argue that by trying to duck an investigation, the ICC is not living up to the ideals expressed in the Rome statute that ‘the most serious crimes of concern to the international community as a whole must not go unpunished’.”

Britain’s recently departed foreign secretary, William Hague, while still in the job proclaimed his commitment to smoking out war criminals, bringing them to justice and supporting the International Criminal Court in its investigations. “If you commit war crimes, crimes against humanity or genocide you will not be able to rest easily in your bed,” he said.

“There is no doubt where Britain stands: we are with those who say that international law is universal and that all nations are accountable to it…. We are a country that believes in and upholds the Responsibility to Protect…

We pledge to recommit to the importance of fighting impunity for grave international crimes wherever they occur…. We will be a robust supporter of the International Criminal Court in its investigations.”

It was enough to make one warm just a little to the man.

Two years ago Hague delivered an important speech at the Hague, home of the International Criminal Court. He said all the right things, for example:

“The rule of law is critical to the preservation of the rights of individuals and the protection of the interests of all states.”

“You cannot have lasting peace without justice and accountability.”

“International laws and agreements are the only durable framework to address problems without borders.”

“Such agreements – if they are upheld – are a unifying force in a divided world.”

He spoke of a growing reliance on a rules-based international system. “We depend more and more on other countries abiding by international laws…. We need to strengthen the international awareness and observance of laws and rules….”

Some emerging powers, he said, didn’t agree with us about how to act when human rights are violated on a colossal scale, while others didn’t subscribe to the basic values and principles of human rights in the first place. He was actually talking about Syria although many in the audience must have had Israel in mind.

“The international community came together in an unprecedented way to address the crisis in Libya last year,” said Hague. “The Arab League, the UN Security Council, the UN Human Rights Council, the European Union, NATO and the International Criminal Court all stepped forward and played their part to protect a civilian population.”

Funny how they never came together for crisis-torn Palestine these last 65 years.

Pledged to fight impunity for grave international crimes ‘wherever they occur’

Hague continued: “Our coalition Government is firmly of the view that leaders who are responsible for atrocities should be held to account…. Institutions of international justice are not foreign policy tools to be switched on and off at will.”

He said that referring leaders in Libya and Sudan to the ICC showed that not signing up to the Rome Statute was no guarantee for escaping accountability. “If you commit war crimes, crimes against humanity or genocide you will not be able to rest easily in your bed: the reach of international justice is long and patient…. There is no expiry date for these crimes….”

A year later a policy paper was issued by the Foreign & Commonwealth Office, dated July 2013.

“It is a sad truth,” it said, ”that the biggest advances in international justice came about because of our revulsion at atrocities: the horror of the World Wars, the killing fields of Cambodia, the premeditated barbarity in Bosnia and Kosovo, the slaughter in Rwanda, and the mass rapes in the Democratic Republic of Congo, all of which were an unbearable affront to the conscience of humanity. Today, how much better it would be to look ahead and summon the political will to act to prevent conflict and expand human rights without needing to be shamed into doing so by the deaths and suffering of innocent people”.

It hammered home these ‘key messages’:

  • Our support for international criminal justice and accountability is a fundamental element of our foreign policy.
  • Our support for the ICC as a court of last resort and the importance of its role when national courts have been unwilling or unable to deliver justice is unswerving.
  • It is our clear hope that through universality of the Rome Statute and the development of national jurisdictions that the ICC’s role will eventually become increasingly limited.
  • Until then, the ICC will continue to play a vital role in achieving justice for the victims of the worst crimes.

Did Hague’s successor, the warmonger Philip Hammond (yes, he’s another who “voted strongly” for the Iraq war), read those words? Did his boss David Cameron, whose upbringing on the playing fields of Eton was supposed to have imbued him with the highest moral values and inoculated him with the most honourable intentions?

Where is that “unswerving” support for the ICC now? Why the about-face when Britain ought to be leading the charge against Israel’s genocidal tendencies?

We should remember that Hamas was democratically elected to govern the whole of occupied Palestine, not just Gaza, and that Israel and its Western friends conspired to prevent it. Hamas’s resistance is on behalf of all Palestinians. No matter how much some of us might disagree with Hamas’s methods they have very few defence options. No doubt they would love to replace their garden shed rockets with state-of-the-art  guided missiles capable of the same accuracy as Israel’s, and to give Israeli citizens three minutes to evacuate and run for it.

Last night I attended a public meeting on the subject “How can Palestine be Free?”  After a very good summary of the root-causes of the struggle no-one was able to put forward a game-changing plan of action. I ventured the opinion that the ICC remained the Great White Hope, even if it had been temporarily nobbled. It was up to civil society groups like the BDS movement and peace coalitions to make sure our shameless politicians at last feel the heat and are made to squirm until they clear their desk or change their ways.

First we must free ourselves from the clutches of the Enemy Within. Only then will Israel be brought to account and the Palestinian know peace and prosperity.

August 23, 2014 Posted by | Ethnic Cleansing, Racism, Zionism, Timeless or most popular, War Crimes | , , , , , | Leave a comment

Wall Street wins again: Bank of America settlement with US government is insufficient, critics say

RT | August 22, 2014

While the US government touted its “record” settlement reached this week with Bank of America for mortgage fraud that helped fuel the 2008 recession, the details of the agreement indicate yet another light punishment for an offending Wall Street titan.

Bank of America agreed to a $16.65 billion settlement with federal authorities for selling toxic mortgages and misleading investors, the US Justice Department announced Thursday.

“This historic resolution – the largest such settlement on record – goes far beyond ‘the cost of doing business,’” Attorney General Eric Holder said in a statement.

“Under the terms of this settlement, the bank has agreed to pay $7 billion in relief to struggling homeowners, borrowers, and communities affected by the bank’s conduct. This is appropriate given the size and scope of the wrongdoing at issue,” Holder added.

Yet the $7 billion in “relief” is considered a “soft money” fine, in which the bank will reduce some homeowners’ mortgages. Very few homeowners are eligible for the refinancing pursuant to the settlement, AP reported. Those who are eligible may need to wait years to see any settlement aid, as payouts will be ongoing through 2018.

Those already in the hole following a lost home due to foreclosure or a short sale – when a lender takes less money for a home than what the borrower owes – are unlikely to benefit from the terms of the settlement.

Outside of the $7 billion for consumers, the Bank of America settlement includes a $5 billion cash penalty and $4.6 billion in remediation payments. Large portions of the deal will be eligible to claim as business expenses, allowing the mega bank to treat them as tax write-offs.

The Bank of America settlement includes the appointment of an independent monitor to review the consumer relief portion of the agreement. It is yet to be determined when the monitor will be named.

The deal echoes similar agreements the government reached with other Wall Street players, like JPMorgan Chase and Citigroup, for crimes committed surrounding the recent economic recession.

JPMorgan Chase came to a $13 billion settlement in November. The $4 billion supposedly offered to homeowner relief has yet to benefit many in need, according to the advocacy group Home Defenders League. Citigroup reached a $7 billion deal with the government.

Critics of these deals have blasted the US government for its ongoing, lax attitude regarding mass crimes committed by powerful banks that, they say, are not adequately punished for wrongdoing.

“[T]he latest round of settlements deals with misconduct that even though the banks are getting off on the cheap again, the underlying abuses don’t strike at the heart of the too big to fail mortgage securitization complex,” said Yves Smith at Naked Capitalism.

“So the [Obama] Administration can feign being a little more bloody-minded. Even so, the greater and greater proportion in recent deals of funny money relative to real dough show that this is simply another variant of an exercise in optics.”

No major bank executive has faced criminal charges following the mortgage crisis. Without significant retribution for banks and executives that knowingly passed off fraudulent mortgages, Wall Street players will continue to act with impunity, argued Dean Baker, economist and director of the Center for Economic & Policy Research.

“Knowingly packaging and selling fraudulent mortgages is fraud. It is a serious crime that could be punished by years in jail,” Baker wrote. “The risk of jail time is likely to discourage bankers from engaging in this sort of behavior.”

William D. Cohan, a former senior mergers and acquisitions banker, wrote in the New York Times that, not only has the government barely punished those on the hook for Wall Street crimes, the Justice Department has also offered “sanitized” versions of events that led up to the crimes in its accounts given to the public following investigations.

“The American people are deprived of knowing precisely how bad things got inside these banks in the years leading up to the financial crisis, and the banks, knowing they will be saved the humiliation caused by the public airing of a trove of emails and documents, will no doubt soon be repeating their callous and indifferent behavior,” Cohan wrote.

Bank of America resisted the settlement at first, claiming nearly all bad mortgage securities under scrutiny came from Countrywide and Merrill Lynch. Both firms were purchased by Bank of America amid the 2008 financial crisis.

A federal judge in Manhattan ruled in a separate case that Bank of America was liable for the pre-merger mortgages, issuing a penalty of $1.3 billion. The ruling pushed the bank to agree to the settlement. Bank of America CEO Brian Moynihan said Thursday that the deal is “in the best interests of our shareholders and allows us to continue to focus on the future.”

Meanwhile, consumers advocates said the faulty mortgages will continue to haunt homeowners and their own vision of the future.

“It is hard to see how these settlements provide relief commensurate with the harm caused,” said Kevin Stein, associate director of the California Reinvestment Coalition, according to AP. “Countless families and communities have been devastated by predatory loans that should not have been made.”

Following the Thursday announcement of the settlement, Bank of America’s stock rose more than 4 percent.

August 22, 2014 Posted by | Corruption, Deception, Economics | , , , , , , , , , , , , | Leave a comment

US Law Requiring Annual Report on Excessive Force by Police has been Ignored for 20 Years

333968_ US police officer

By Steve Straehley | AllGov | August 22, 2014

The circumstances of the death of Michael Brown in Ferguson, Missouri, have brought that one police shooting into the national conscience. But many other Americans are killed by police and their deaths go unnoticed and mostly uncounted, despite a Congressional mandate.

In 1994, Congress passed the Violent Crime Control and Law Enforcement Act. Among its provisions was the order that “the Attorney General shall, through appropriate means, acquire data about the use of excessive force by law enforcement officers.” The Justice Department was also required to publish an annual report on the data collected.

And… that’s pretty much the last anyone heard of that. The work of collecting the data was shuffled off to the International Association for Chiefs of Police, which made a few efforts at collecting data and put together a report in 2001, but has produced nothing since.

“That’s a clear, clear problem,” Matthew Hickman, an associate professor of criminal justice at Seattle University, told Michael Doyle of McClatchy. “When it comes to use of force, we have almost nothing.”

Part of the reason is that the term “excessive force” is open to interpretation. Even a shooting ending in the death of an unarmed pedestrian could be judged by a jury to be justified. In addition, police departments are expected to report on their own incidences of excessive force, which some might be reluctant to do.

The Justice Department began to compile statistics on police shootings in 2001, according to the International Business Times. However, their reports cover only the years from 2003 to 2009 and don’t tell the whole story because of incomplete reporting and problems with research methods.

Wikipedia has tried to crowd-source a shootings database and blogger Jim Fisher, who scours the internet for information on police shootings, has had some success.

For now, Congress is still waiting for the statistics, although the head of the Senate Judiciary Committee that sought the data has moved on. His name is Joe Biden and he’s now Vice President of the United States.

To Learn More:

Data On Police Shootings Is Hard To Find (by Michael Doyle, McClatchy)

How Many Police Shootings Have There Been? (by Ross Keith, International Business Times)

How Many People are Killed by Police in U.S.? Who Knows? (by Steve Straehley, AllGov)

August 22, 2014 Posted by | Civil Liberties, Subjugation - Torture, Timeless or most popular | , | Leave a comment

CIA Analysts Won’t Support White House Claims of Russian Culpability

By Dave Lindorff | This Can’t Be Happening! | August 22, 2014

With the US continuing to push its submissive European “allies” towards an ever more confrontational stance against Russia over the crisis in Ukraine (a crisis initially provoked by the US itself through CIA and State Department actions that led to the overthrow of Ukraine’s elected government), the world appears headed towards a dangerous renewed Cold War between the world’s two nuclear superpowers.

A central part of that campaign by Washington has been the effort to blame the downing of Malaysian Flight 17, which killed all 298 passengers and crew, on Russia, or failing that, on pro-Russian separatist rebels in eastern Ukraine. This campaign has used innuendo, falsified evidence and, weirdly, spurious and sometimes absurd “evidence” circulating in various social media — all of which people like Secretary of State John Kerry and president Obama himself have tried to say “prove” that Russia, or at least a Russian-provided high-altitude BUK anti-aircraft missile, was responsible for the downing.

But increasingly, critics, including analysts within the CIA, have been throwing cold water on that theory. Suspiciously, the US, which had a spy satellite located directly over the Malaysian plane at the very time of the shoot-down, and which certainly has detailed photographic images of exactly what happened, has offered no a single photo to prove its contention that a missile was fired from territory under rebel control.

Meanwhile, there are multiple claims that the CIA — and perhaps the National Security Agency too — have evidence that it was Ukrainian forces, not separatists, who shot down the plane, either using one of the several dozen BUK launchers that they are known to possess themselves, or by two Ukrainian attack fighters that were known to be tailing the Malaysian commercial jet shooting it down with machine gun fire and/or air-to-air missiles. Significantly, a Canadian investigator with the international team sent to collect and examine pieces of the crashed airliner, has said he saw holes that appeared caused by heavy 30 mm machine-gun fire –the type of ammunition used by the fighter jets — in a section of the front of the Boeing jet, as well as in both sides. Such holes in the nose and both sides of the doomed plane could not have all been caused by the projectiles released by a BUK missile, which would have all hit the plane from one direction — reportedly normally from a location beneath the plane.

A week ago, this reporter interviewed Ray McGovern, a former CIA analyst with 27 years of experience at the agency, about the Ukraine crisis, on ThisCantBeHappening!’s weekly radio show that airs each Wednesday at 5 pm Eastern Time on the Progressive Radio Network (PRN.fm). McGovern says on that program that sources he knows who are still at the CIA say that the agency has refused to back the US claim that separatists or Russia were behind the shoot-down of Flight 17.

To hear analyst McGovern’s interview, click here

 

August 22, 2014 Posted by | Aletho News | , , | Leave a comment