Victory for Ecuador as US Court Rejects Fugitive Bankers’ Case
teleSUR | June 2, 2015
The state of Ecuador won an important case Monday brought against it by the Isaias brothers, a pair of fugitive bankers who were convicted of embezzlement for their role as the heads of bank Filanbanco during the Ecuadorean banking crisis in the late 1990s.
Ecuador’s attorney general revealed in a communique that the court of the Southern District of New York has denied a suit by William and Roberto Isaias, which sought to sue Ecuador for US$1 billion, after the state seized approximately 200 business connected to the brothers when the pair fled the country.
The U.S. court determined that the suit did not fall under its jurisdiction, as the state of Ecuador enjoys sovereign immunity. According to the communique, the court also found that the brothers had failed to prove that the seizures were illegitimate.
The brothers have the option to appeal within 30 days. Ecuador is still seeking the extradition of William and Roberto Isaias.
However, the pair have received preferential treatment, due to their connections to U.S. Senator Robert Menendez, himself the subject of a corruption investigation.
The brothers were found guilty in absentia and sentenced to eight years in prison by the Ecuadorean National Court, which determined that the brothers had falsified Filanbanco’s financial statements. Filanbanco received millions from the Ecuadorean state in bail-outs during the country’s bank crisis.
This is the second case the Isaias brothers have lost in U.S. courts, after a 2014 ruling determined that Ecuador could attempt to seize properties belonging to the brothers in Florida in order to recover a portion of the US$200 million the government of Ecuador says it is still owed.
NY Times Covers Up Israel’s Attacks on Gaza Fishermen
By Barbara Erickson | TimesWarp | June 2, 2015
The New York Times has turned its sights on Gaza today with a page 1 article highlighting the miseries of life in the beleaguered enclave. The difficulties, we learn, have little to do with Israeli attacks and its crippling blockade: They are the fault of Hamas.
The article by Diaa Hadid and Majd el Waheidi, “Gazans’ Hopes for Rebuilding After War Give Way to Deeper Despair,” takes aim at the Islamist group in the lead paragraph, quoting an angry shopkeeper who resents a recent tax hike. The man is “enraged,” the story tells us, and he blames the government in charge.
This is where the Times wants to direct our attention: away from Israeli culpability for the humanitarian crisis in Gaza and directly onto the Palestinians themselves. Meanwhile, the paper has been silent as Israeli gunboats and snipers have frequently attacked fishermen and farmers, violating the terms of the August 2014 ceasefire.
Israel has blockaded the Gaza Strip since 2007 and made three sustained assaults on the enclave since then, inflicting more death and destruction on the population each time. But the Times article has only this to say: “Israel places severe restrictions on the import of building materials, saying they have been used to build tunnels to conduct attacks on Israel.”
In the first three months of this year Israel killed one Palestinian and wounded 16 in Gaza, carried out at least six military incursions into the strip and shot at Palestinians, by land and sea, at least 67 times. Since then the attacks have continued almost without pause.
The Times ignores nearly all of this, even as Israel levels farmland and sprays food crops, and the newspaper fails to report other developments, such as a long term ceasefire offer made by Hamas earlier this year through Qatar and Turkey or the launch of a flotilla now on its way to Gaza from Scandinavia, the third such attempt to break the siege.
But now, when Hamas has instituted an unpopular increase in import fees, the Times sees fit to send a reporter to Gaza, intending as usual to demonize the Islamist party. It seems, however, that the evidence hoped for was scanty: The entire story contains only this one example of blaming Hamas.
This does not deter the Times, however. This lone sample is played to the hilt, laid out in the opening paragraph. Close readers may notice this; others will let it color their perceptions of the entire article.
The Palestinian Authority also comes in for blame. We find one Gaza resident who says the rival to Hamas has “an interest in leaving Gaza like this.” Others mention the impasse between Hamas and the PA, but Israeli responsibility gets little mention.
The story goes on to devote two paragraphs to the Egyptian closure of Rafah crossing and Egypt’s destruction of smuggling tunnels. No more is said about Israel’s role except to mention the debris from the last summer’s conflict.
We don’t hear that Israel destroyed thousands of homes and businesses in 2014, along with crops, wells and the electrical plant, and left more than 2,000 dead. Nor do we hear anything about the context of the blockade—the fact that it is has been in place for nearly eight years and its effect on families torn by separation, patients in need of medical care and basic supplies of food and medicine.
No doubt Hadid heard from many despairing residents of Gaza who direct their anger at Israel (and the United States), but we find not a single quote to this effect. She most certainly heard about the attacks on fishermen and farmers, but none of this made its way into the story.
This is just as Israel wants it. As a recent article in the Israeli 972 Magazine notes, “These incidents — in which the Israeli army infiltrates the Gaza Strip, shoots at fishermen, confiscates their boats and fires at farmers near the border zone — they are part of daily life in the besieged Gaza Strip. They are the everyday aspects of living in a giant prison controlled by Israel. But we barely hear about them.”
The author of the 972 piece, Haggai Matar, emphasized the blackout in the Hebrew media: Israelis are not to be aware of the oppression of Gaza; they are only to hear of the occasional rocket, the hyped up discovery of a “terror tunnel” and the failings of Hamas and the Palestinian Authority.
Here in the United States, away from Israeli censors, the Times has chosen to comply with this news embargo. In our newspaper of record nothing is to be said about the shooting of unarmed Gazans and the constant attacks on their welfare. Israel’s reputation comes first; the ethics of journalism and the reader’s right to be informed come far behind.
FBI operating surveillance aircraft over US, planes traced to fake companies – report
RT | June 2, 2015
The FBI is operating its own air force, sending low-flying planes across the US. The aircraft carry video and cellphone surveillance technology, and are hidden behind bogus companies that are actually fronts for the government, AP has revealed.
According to the news agency, the surveillance tools on board are typically used without a judge’s approval. The flights are widespread, spanning across the United States.
In a recent 30-day period, the agency flew more than 100 flights above more than 30 cities in 11 states, plus the District of Columbia. Those cities included Houston, Phoenix, Seattle, Chicago, Boston, and Minneapolis. Aircraft also flew over southern California.
The FBI says the planes are used for specific, ongoing investigations.
The findings come after years of reports since 2003 that a government surveillance program might be behind suspicious-looking planes slowly circling US neighborhoods.
Flight tracking
The news agency began analyzing flight data following a Washington Post article in early May, which revealed flights by two planes circling over Baltimore.
As part of its investigation, AP examined aircraft ownership registrations that shared similar addresses and flight patterns. Using data from FlightRadar24.com, the agency found that some FBI missions circled above at least 40,000 residents during a flight over Anaheim, California, in late May.
Most of the flight patterns occurred in counter-clockwise orbits up to several miles wide, and roughly one mile above the ground at slow speeds.
One of the planes photographed in flight last week in northern Virginia had unusual antennas under its fuselage and a camera attached to its left side.
In total, AP has tracked 50 aircraft back to the FBI.
Fears of spying
While Washington maintains that aerial surveillance is important for certain investigations, the use of such aircraft has sparked concerns over whether there should be updated regulations protecting the civil liberties of Americans, as such technology could potentially facilitate government spying.
It could also have other wide-ranging implications, according to the report. For instance, the planes could capture video of unrelated criminal activity on the ground, which could be handed over for prosecutions.
Some of the aircraft can be equipped with technology that can identify thousands of people below through the cellphones they carry – even if they’re not making a call, or they’re tucked away in their own homes.
Officials told AP that the practice – which mimics cell phone towers and gets phones to reveal subscriber information – is rare, but it does indeed exist.
However, AP found FBI flights orbiting over large, enclosed buildings in recent weeks, for extended periods of time. These flights took place in areas where aerial photography would be less effective than electronic signals collection – including Ronald Reagan Washington National Airport and the Mall of America in Bloomington, Minnesota.
But FBI spokesman Christopher Allen said the planes “are not equipped, designed or used for bulk collection activities or mass surveillance.”
An unnamed FBI spokesman also said the surveillance flights comply with agency rules. Those rules, which are heavily redacted in publicly available documents, limit the types of equipment the agency can use, as well as the justifications and duration of surveillance.
‘Not a secret’
Allen also said the FBI’s aviation program “is not secret,” but that “specific aircraft and their capabilities are protected for operational security purposes.”
However, AP managed to trace the aircraft to at least 13 fake companies – including FVX Research, KQM Aviation, NBR Aviation, and PXW Services.
According to law enforcement officials, Justice Department lawyers approved the decision to create fake companies to protect the flights’ security. They added that the Federal Aviation Administration is aware of the practice.
The FBI asked AP not to disclose the names of the bogus companies, claiming it would burden taxpayers with the expense of creating new cover companies, and could endanger the planes and the integrity of the surveillance missions. The agency’s request was denied.
Meanwhile, basic aspects of the aviation program are withheld from the public in censored versions of official Justice Department reports.
The findings come just one month after a Justice Department memo barred law enforcement agencies from using unmanned drones “solely for the purpose of monitoring activities protected by the First Amendment,” saying they are to be used only in connection with authorized investigations and activities.
‘Human Rights’ and Soft Power in Russia
By Eric Draitser | New Eastern Outlook | June 1, 2015
The news that Lyudmila Alekseyeva, head of the Russian Non-Governmental Organization (NGO) the Moscow-Helsinki Group, will be returning to the Presidential Council for Human Rights, has been heralded by many in the liberal establishment in Russia as a victory for their cause. Indeed, as an adversary of President Putin on numerous occasions, Alekseyeva has been held as a symbol of the pro-Western, pro-US orientation of Russian liberals who see in Russia not a power seeking independence and sovereignty from the global hegemon in Washington, but rather a repressive and reactionary country bent on aggression and imperial revanchism.
While this view is not one shared by the vast majority of Russians – Putin’s approval rating continues to hover somewhere in the mid 80s – it is most certainly in line with the political and foreign policy establishment of the US, and the West generally. And this is precisely the reason that Alekseyeva and her fellow liberal colleagues are so close to key figures in Washington whose overriding goal is the return of Western hegemony in Russia, and throughout the Eurasian space broadly. For them, the return of Alekseyeva is the return of a champion of Western interests into the halls of power in Moscow.
Washington and Moscow: Competing Agendas, Divergent Interests
Perhaps one should not overstate the significance of Alekseyeva as an individual. This Russian ‘babushka’ approaching 90 years old is certainly still relevant, though clearly not as active as she once was. Nevertheless, one cannot help but admire her spirit and desire to engage in political issues at the highest levels. However, taking the pragmatic perspective, Alekseyeva is likely more a figurehead, a symbol for the pro-Western liberal class, rather than truly a militant leader of it. Instead, she represents the matriarchal public face of a cohesive, well-constructed, though relatively marginal, liberal intelligentsia in Russia that is both anti-Putin, and pro-Western.
There could be no better illustration of this point than Alekseyeva’s recent meeting with US Assistant Secretary of State Victoria Nuland while Ms. Nuland was in Moscow for talks with her Russian counterparts. Alekseyeva noted that much of the meeting was focused on anti-US perception and public relations in Russia, as well as the reining in of foreign-sponsored NGOs, explaining that, “[US officials] are also very concerned about the anti-American propaganda. I said we are very concerned about the law on foreign agents, which sharply reduced the effectiveness of the human rights community.”
There are two distinctly different, yet intimately linked issues being addressed here. On the one hand is the fact that Russia has taken a decidedly more aggressive stance to US-NATO machinations throughout its traditional sphere of influence, which has led to demonization of Russia in the West, and the entirely predictable backlash against that in Russia. According to the Levada Center, nearly 60 percent of Russians believe that Russia has reasons to fear the US, with nearly 50 percent saying that the US represents an obstacle to Russia’s development. While US officials and corporate media mouthpieces like to chalk this up to “Russian propaganda,” the reality is that these public opinion numbers reflect Washington and NATO’s actions, not their image, especially since the US-backed coup in Ukraine; Victoria Nuland herself having played the pivotal role in instigating the coup and setting the stage for the current conflict.
So while Nuland meets with Alekseyeva and talks of the anti-US perception, most Russians correctly see Nuland and her clique as anti-Russian. In this way, Alekseyeva, fairly or unfairly, represents a decidedly anti-Russian position in the eyes of her countrymen, cozying up to Russia’s enemies while acting as a bulwark against Putin and the government.
And then of course there is the question of the foreign agents law. The law, enacted in 2012, is designed to make transparent the financial backing of NGOs and other organizations operating in Russia with the financial assistance of foreign states. While critics accuse Moscow of using the law for political persecution, the undeniable fact is that Washington has for years used such organizations as part of its soft power apparatus to be able to project power and exert influence without ever having to be directly involved in the internal affairs of the targeted country.
From the perspective of Alekseyeva, the law is unjust and unfairly targets her organization, the Moscow-Helsinki Group, and many others. Alekseyeva noted that, “We are very concerned about the law on foreign agents, which sharply reduced the effectiveness of the human rights community… [and] the fact the authorities in some localities are trying more than enough on some human rights organizations and declare as foreign agents those who have not received any foreign money or engaged in politics.”
While any abuse of the law should rightly be investigated, there is a critical point that Alekseyeva conveniently leaves out of the narrative: the Moscow-Helsinki Group (MHG) and myriad other so-called “human rights” organizations are directly supported by the US State Department through its National Endowment for Democracy, among other sources. As the NED’s own website noted, the NED provided significant financial grants “To support [MHG’s] networking and public outreach programs. Endowment funds will be used primarily to pay for MHG staff salaries and rental of a building in downtown Moscow. Part of the office space rented will be made available at a reduced rate to NGOs that are closely affiliated with MHG, including other Endowment grantees.” The salient point here is that the salary of MHG staff, the rent for their office space, and other critical operating expenses are directly funded by the US Government. For this reason, one cannot doubt that the term “foreign agent” directly and unequivocally applies to Alekseyeva’s organization.
But of course, the Moscow-Helsinki Group is not alone as more than fifty organizations have now registered as foreign agents, each of which having received significant amounts from the US or other foreign sources. So, an objective analysis would indicate that while there may be abuses of the law, as there are of all laws everywhere, by and large it has been applied across the board to all organizations in receipt of foreign financial backing.
It is clear that the US agenda, under the cover of “democracy promotion” and “NGO strengthening” is to weaken the political establishment in Russia through various soft power means, with Alekseyeva as the symbolic matriarch of the human rights complex in Russia. But what of Putin’s government? Why should they acquiesce to the demands of Russian liberals and allow Alekseyeva onto the Presidential Council for Human Rights?
The Russian Strategy
Moscow is clearly playing politics and the public perception game. The government is very conscious of the fact that part of the Western propaganda campaign is to demonize Putin and his government as “authoritarian” and “violators of human rights.” So by allowing the figurehead of the movement onto the most influential human rights-oriented body, Moscow intends to alleviate some of that pressure, and take away one of the principal pieces of ammunition for the anti-Russia propagandists.
But there is yet another, and far more significant and politically savvy reason for doing this: accountability. Putin is confident in his position and popularity with Russians so he is not at all concerned about what Alekseyeva or her colleagues might say or do on the Council. On the other hand, Putin can now hold Russian liberals accountable for turning a blind eye to the systematic violations of human rights by the Kiev regime, particularly in Donbass.
One of the primary issues taken up by the Presidential Council for Civil Society and Human Rights in 2014 was the situation in Ukraine. In October 2014, President Putin, addressing the Council stated:
[The developments in Ukraine] have revealed a large-scale crisis in terms of international law, the basic norms of the Universal Declaration of Human Rights and the Convention on Prevention and Punishment of the Crime of Genocide. We see numerous violations of Articles 3, 4, 5, 7 and 11 of the 1948 UN Universal Declaration of Human Rights and of Article 3 of the Convention on Prevention and Punishment of the Crime of Genocide of December 9, 1948. We are witnessing the application of double standards in the assessment of crimes against the civilian population of southeastern Ukraine, violations of the fundamental human rights to life and personal integrity. People are subjected to torture, to cruel and humiliating punishment, discrimination and illegal rulings. Unfortunately, many international human rights organisations close their eyes to what is going on there, hypocritically turning away.
With these and other statements, Putin placed the issue of Ukraine and human rights abuses squarely in the lap of the council and any NGOs and ostensible “human rights” representatives on it. With broader NGO representation, it only makes it all the more apparent. It will now be up to Alekseyeva and Co. to either pursue the issues, or discredit themselves as hypocrites only interested in subjects deemed politically damaging to Moscow, and thus advantageous to Washington. This is a critical point because for years Russians have argued that these Western-funded NGOs only exist to demonize Russia and to serve the Western agenda; the issue of Ukraine could hammer that point home beyond dispute.
And so, the return of Alekseyeva, far from being a victory for the NGO/human rights complex in Russia, might finally force them to take the issue of human rights and justice seriously, rather than using it as a convenient political club to bash Russians over the head with. Perhaps Russian speakers in Donetsk and Lugansk might actually get some of the humanitarian attention they so rightfully deserve from the liberals who, despite their rhetoric, have shown nothing but contempt for the bleeding of Donbass, seeing it as not a humanitarian catastrophe, but a political opportunity. Needless to say, with Putin and the Russian government in control, the millions invested in these organizations by Washington have turned out to be a bad investment.
Ukraine plans to seize Russian foreign property to compensate for ‘lost’ Crimea
RT | June 2, 2015
Kiev will nationalize Russian overseas property as compensation for the losses over Crimea’s reunification with Russia, Ukraine’s Deputy Minister of Justice Natalia Sevostyanova said. The decision is now up to the European Court of Human Rights.
Ukraine will be able to use this effective instrument if the European Court of Human Rights rules in favor of Kiev, Sevostyanova told “Channel 5,” Ukraine’s National News (UNN) reported on Tuesday.
“There will be a stage of satisfaction, when we’ll determine the amount by which the compensation will be directly paid to… The tool of property seizure is very effective abroad. Russia currently has a lot of such property in other countries,” Sevostyanova said.
More than 400 Ukrainian companies and 18 gas fields have been nationalized in Crimea, according to Ukraine’s Ministry of Justice.
Crimea rejoined Russia in March 2014 after a referendum where the majority of people voted for secession from Ukraine and for joining Russia. Ukraine then called the result of the referendum Russia’s “illegal annexation” of the peninsula and filed its first lawsuit against Moscow to the European Court of Human Rights. Kiev estimated its losses at over 1 trillion hryvnia ($47 billion). Later, the country filed another lawsuit, related to the Donbass, over Moscow’s alleged involvement in the military conflict in southeastern Ukraine.
Israeli forces demolish 3 houses in East Jerusalem
Ma’an – June 2, 2015
JERUSALEM – Israeli forces demolished three Palestinian homes in the Silwan neighborhood and Salah al-Din street in occupied East Jerusalem early Tuesday morning, the owners told Ma’an.
They were told that the houses were demolished because they had been built without necessary licenses from the municipal council.
Nidal Abu Rmeila said bulldozers under Israeli army escort had demolished two apartments, totaling 140 square meters, that he had been building in Silwan near the Moroccan Gate of the Al-Aqsa mosque compound.
Abu Rmeila said he had not been able to obtain a license from the Jerusalem municipality as the building was located close to the Al-Aqsa compound in an area he claimed the Israeli antiquities authority is “greedily” interested in.
He began construction in late 2014, after which the municipality inspectors ordered him to stop, issuing a demolition order.
Abu Rmeila said the order was postponed several times, adding that bulldozers had arrived two weeks ago to demolish the house, but left after it became clear they were too big to access the building.
Tuesday’s demolition was only possible, he said, after the Israelis “used a lift to carry small excavators and bring them close to the site.”
Abu Rmeila said Israeli troops had assaulted members of his family when they evacuated the home before the demolition.
He said that relatives Hashim Abu Rmeila, Izz al-Din Abu Rmeila and Nur al-Din Abu Rmeila sustained bruises, while his 70-year-old mother was injured when soldiers fired tear gas canisters into the house.
Separately on Tuesday, Israeli forces demolished the upper story of a house on Salah al-Din Street near the Old City belonging to Rafiq al-Salayma.
A relative of the owner Abu Jabir al-Salayma told Ma’an that Israeli troops raided the house at 6 a.m. and forcibly evacuated the family before workers set about demolishing the upper floor.
The family house was built long ago, al-Salayma said, but “because the house was too small” they had added a new floor and roofed it with clay tiles.
The demolitions come less than a week after another house was demolished in Silwan.
Silwan is one of many Palestinian neighborhoods in occupied East Jerusalem witness to an influx of Israeli settlers at the cost of ongoing demolition of Palestinian homes and eviction of Palestinian families.
While Jewish residents frequently take over Palestinian buildings with the protection of Israeli forces, government policies make it nearly impossible for Palestinian residents to obtain building permits, according to Israeli rights group the Association for Civil Rights in Israel.
German Federal Prosecutor ‘investigating’ US actions on drones base
Reprieve | June 2, 2015
The German Federal Prosecutor is reported to have begun investigating a US base in Germany that is used as a ‘hub’ for drone strikes, days after a Yemeni man testified in a Cologne court about the 2012 strike that killed his relatives.
According to a report in Der Spiegel, the Federal Prosecutor’s Office – Germany’s highest prosecuting authority – has launched a ‘monitoring process’ to ascertain whether activities at Ramstein, a US base in Germany, violate international law. The officials have reportedly requested documents from German authorities, including the Ministry of Defence, relating to the base – which was recently revealed to be a ‘hub’ for the facilitation of drone strikes in Yemen and elsewhere. US drone strikes in countries such as Yemen, where the US has not declared war, have killed hundreds of civilians, and are widely regarded as a violation of international law.
The news comes days after a court in Cologne heard testimony from a Yemeni man who lost his relatives in a strike – the first time any court has heard from drone victims. Faisal bin Ali Jaber lost his brother-in-law Salim, an anti-Al Qaeda preacher, and his nephew Waleed, a police officer, to a 2012 US strike on his village of Khashamir. The German case sees Mr bin Ali Jaber – represented by international human rights organization Reprieve and the European Center for Human Rights (ECCHR) – seeking to challenge Germany’s failure to stop the use of Ramstein for US drone strikes. Although the court last week ruled against Mr bin Ali Jaber, judges agreed with his assertion that it is ‘plausible’ the base is central to the launching of the strikes, and gave him immediate permission to appeal their decision.
Commenting, Kat Craig, Mr bin Ali Jaber’s Reprieve lawyer, said: “The civilian impact of the US’ drone wars in Yemen and elsewhere is well-documented – as is the crucial role played by Ramstein in facilitating these illegal strikes. The prosecutor’s move to investigate the use of German soil in violating international law is a crucial first step in lifting the veil of secrecy over the drone programme. For Faisal – and the scores of other people whose relatives were unlawfully killed in drone strikes – this decision is long overdue. Nothing will bring back their loved ones, but a full and proper investigation into the role of Ramstein will finally shed some light on the role of the German government in the drone programme. Our clients hope that, in doing so, Germany will do the right thing and withdraw support for the US’ drone war, once and for all.”
The Israeli war crime that goes unmentioned
By Jonathon Cook | The Blog From Nazareth | June 2, 2015
Here set out in black and white in the Israeli media is a moral conundrum that western politicians, diplomats and international human rights organisations are resolutely failing to address – and one I have been highlighting since 2006.
It was then that Israel implemented for the first time its Dahiya doctrine – turning Lebanon back to the Stone Age. It launched an horrific assault that wrecked Lebanon’s infrastructure, killed 1,300 Lebanese – most of them, as ever in Israel’s wars, civilians – and made refugees of more than a million inhabitants of the country’s south. The exercise has been repeated in Gaza on a regular basis ever since.
Last month the New York Times kindly published an Israeli press release masquerading as a news report that the Israeli army had photographic evidence that Hizbollah was moving its military bases into villages all over south Lebanon. The evidence was paltry to say the least. And the New York Times, quite bafflingly, said it had not been able to “independently verify” the information, as though it lacked reporters in Lebanon who could visit the sites named by its correspondent in far-away Tel Aviv.
The clear implication of the story was that, when the next war with Lebanon arrives, as the Israeli army keeps promising is just around the corner, Israel will be able to blame Hizbollah when its attacks kill mostly civilians.
As Israel’s Haaretz newspaper pointed out – possibly inadvertently – in a headline, the New York Times was doing Israel’s propaganda work for it: “Israel’s secret weapon in the war against Hezbollah: The New York Times”.
Although the NYT’s propaganda role was noted by several observers, no one seemed to make the point that, if Hizbollah is only now moving its bases into these villages, how can one make sense of the prominent justification for the high civilian death toll in Lebanon in 2006? Then Israel argued – and was backed by the UN and others – that the civilian deaths were a result of Hizbollah’s “cowardly blending” with the civilian population by firing rockets from built-up areas, though no evidence was produced at the time.
Look at what Amos Harel, Haaretz’s military correspondent, writes now:
The [New York] Times reports that Hezbollah, as part of the lessons it drew in the Second Lebanon War, in 2006, moved its “nature reserves” – its military outposts in the south – from open farmland into the heart of the Shi’ite villages that lie close to the border with Israel. That in itself is old news.
Tell that to Jan Egeland, who was the United Nations Undersecretary-General for Humanitarian Affairs at the time (and later joined Human Rights Watch), as well as all those who echoed his accusation against Hizbollah of “cowardly blending”.
There is another, even more vital point unnoticed by most observers but highlighted in Harel’s report for Haaretz. One of the problems for those at the receiving end of these savage Israeli attacks has been: how to respond. Or rather: how to respond within the confines of international law. While Israel has been doing most of the killing, western politicians, diplomats and human rights groups like Human Rights Watch and Amnesty International have been more exercised by the efforts of Hizbollah and Hamas to retaliate in kind.
The international law argument supposedly goes something like this: Israel has the right to defend itself and so long as it is aiming for military targets with its precision armaments and acts proportionately then it is within its rights to launch attacks, whether civilians are killed or not.
The argument’s flip side goes like this: However terrible the suffering endured by their respective populations under this barrage, Hizbollah and Hamas have no right to respond with their imprecise rockets, whether they are aiming for a military target or not, because they cannot be sure their rockets will not hit civilians. In short, anything they fire over the border is a war crime by definition.
If that sounds problematic to you, check out my own public engagement with Sarah Leah Whitson of HRW back in 2006 debating this very issue.
The problem when dealing with asymmetrical confrontations is that traditional interpretations of international law are rigged to the advantage of the stronger, better-armed side.
So how does the Israeli army feel about Hizbollah’s efforts to improve its rockets to avoid this international law problem. Haaretz’s Harel explains what his military contacts have been telling him:
Israel is apparently deeply concerned by Hezbollah’s effort to improve the accuracy of its rockets. The organization has in its possession vast numbers of missiles and rockets – 130,000, according to the latest estimates – but upgrading its capability is dependent on improving the weapons’ accuracy, which would enable Hezbollah to strike effectively at specific targets, including air force-base runways and power stations.
In other words, Israel is “deeply concerned” that Hizbollah might soon be able to operate within the terms of international law as laid down by official arbiters like the UN and HRW.
How is Hizbollah trying to upgrade its rockets? Its allies, Iran and Syria’s Bashar Assad, are trying to deliver more sophisticated weapons to it through Syrian territory. How does Israel feel about this? Harel reports: “Israel is upset at the smuggling of weapons by the Assad regime in Syria to Hezbollah.” In fact, we know Israel is “upset” because it keeps violating Syria’s sovereign air space to launch attacks in Syria to stop convoys it claims are transporting such weapons reaching Hizbollah. It is similarly blockading Gaza to make sure upgraded, precise weapons do not get into Hamas’ hands.
So who will be to blame when Israel gets the next war with Lebanon or Gaza it wants and Hizbollah or Hamas respond by firing their imprecise rockets in retaliation? When Israeli civilians die under those rockets, will Hizbollah and Hamas be responsible or will it be Israel’s fault?
We will doubtless hear the answer from the United Nations, Human Rights Watch and the New York Times soon.