Occupied Palestine – 5am in Homsa in the northern Jordan Valley. Abdullah Ghanni, his family and his livestock are on the move under the watchful eyes of the Israeli Army. Two days earlier Ghanni had received a visit from soldiers informing him that military training would take place on land belonging to him and his fellow villagers. Ghanni and five other families were evicted from their land for the duration of the training – 7am to 5pm on the 9th December and 5am to 1pm the following day. All people in the village and their animals were required to leave.
Palestinians in the Jordan Valley of occupied Palestine are long-suffering. Ghanni has been farming this land for 40 years, primarily raising sheep. For all that time the Israeli Army has exercised total control over life. Temporary evictions for the purpose of military training are frequent here. Just three weeks ago the inhabitants of Homsa and two other nearby villages were evicted for two days to accommodate large-scale training manoeuvrers performed jointly by the Israeli and US armies. In the past, unexploded ordinance has been left after such drills, resulting in death and injury to children.
A visit to the northern Jordan Valley is a study in contrasts with the inequalities of the occupation laid out in the starkest terms. On the one hand, Israeli settlements are tidy villages of concrete houses. They are surrounded by plantations of grape vines, neat fields of vegetables, rows of greenhouses; a rich fertile green enclosed by double layers of barbed wire fences and floodlights.
On the other side of these fences, the nearby Palestinians struggle to cling to the remnants of their homeland. Villages here are often little more than a collection of makeshift tents yet, despite appearances, the Palestinians here were never nomadic Bedouins. They had homes, farm buildings, wells and water tanks. Designated Area C, large swaths of the Jordan Valley are under direct Israeli governance and military control. Building is forbidden and home demolitions are a common occurrence. The village neighbouring Homsa – Hadidia – had their stone houses demolished just last year.
If losing their homes wasn’t hard enough, the Israeli settlements and soldiers confiscate water resources. Valuable springs have been taken over and fenced off for the exclusive use of Israelis. Ghanni must travel 40km, past the Hamra checkpoint at the entrance to the Jordan Valley, to get the water he needs for his farm. This is despite the fact there is a spring less than 2km across the valley from his farm, in the Hadidia village. That water is forbidden to the Palestinians, despite it existing far outside the boundaries of any settlement or army base.
An elder in Hadidia pointed out two large tents his village erected to house the people of Homsa over the past two days. The Israeli Armydo nothing to assist the people they displace. No temporary housing, no assistance moving large herds of animals in the early morning. The army do, however, trail behind the villagers in jeeps on their trek across the valley, honking at the animals to hurry their progress,making the herding harder still. They also threaten Ghanni that they will create problems for his family with the settlements if they do not move as told. The frequent evictions disrupt normal family life. Each time, Ghanni is forced to send five of his eleven children to stay with another family close to the Hamra checkpoint so they can continue attending school.
Disturbingly, for Ghanni and the Palestinians in the valley, these incursions and disruptions of life, despite the feelings they provoke, have come to be accepted as normal. Since their 1967 occupation of the West Bank, Israel has deliberately made life in the Jordan Valley as difficult as possible in an attempt to force Palestinians from their land. The Palestinian population of the Jordan Valley prior to 1967 was 320,000. Now it hovers at 56,000. Despite the hardship involved in remaining, Ghanni and his family refuse to leave the land he has known all his life. A move elsewhere holds no promise of any kind of certainty, the fact he remains means his everyday life is a living resistance.
NEW YORK – The American Civil Liberties Union and Yale Law School’s Lowenstein International Human Rights Clinic today filed a petition against the United States with the Inter-American Commission on Human Rights (IAHCR) for the unlawful detention and torture of José Padilla, a U.S. citizen, whom the United States detained and interrogated for four years.
The petition was filed by Padilla’s mother, Estella Lebron, on her own and on her son’s behalf. Padilla and Lebron had previously filed federal lawsuits – since dismissed – against current and former government officials for their roles in Padilla’s torture and other abuse.
The petition is an international complaint asking the IACHR, which is an independent human rights body of the Organization of American States, to conduct a full investigation into the human rights violations suffered by Padilla; to find that his mistreatment violated the American Declaration of the Rights and Duties of Man; and to recommend that the United States publicly acknowledge the violations and apologize for its unlawful conduct.
“The U.S. justice system denied a day in court to a U.S. citizen who was arrested and then tortured on U.S. soil by his own government,” said Steven Watt, senior staff attorney with the ACLU Human Rights Program. “The U.S. has historically been a leader in ensuring access to justice for human rights violations around the world, but it has effectively closed the courtroom door to all victims and survivors of the Bush administration’s torture regime. Denied redress in U.S. courts, torture survivors like Padilla are now left with no choice but to turn to international justice.”
In 2002, President Bush declared Padilla an “enemy combatant” and ordered him to be placed in military custody. U.S. officials seized Padilla from a civilian jail in New York and secretly transported him to the Naval Consolidated Brig in Charleston, S.C., where they held him for 43 months without charge. Interrogators subjected Padilla to torture and other egregious forms of abuse, including forcing him into stress positions for hours on end, punching him, depriving him of sleep and threatening him with further torture, “extraordinary rendition” and death.
“For more than a decade, Estela Lebron has lived with the terrible knowledge that her own government tortured her son, but there has never been any official acknowledgement, let alone an apology,” said Alaina Varvaloucas, a student with Yale’s Lowenstein Clinic who worked on preparing the petition. “The pain and indignity of that betrayal continue to this day.”
For the first 21 months of his captivity, Padilla was held incommunicado, without access to lawyers and his family.
“No human being deserves what happened to our family, and I will continue to work for my son and for justice as long as I’m breathing. As a mother, I want to be sure this never happens to anyone else,” said Lebron. “This petition may be my last chance.”
Today’s petition filed with the IACHR is available at:
SALFIT – Israeli authorities on Monday notified Palestinian farmers in a northern West Bank village that a road connecting them to their fields will be demolished, locals told Ma’an.
Residents of Qarawat Bani Hassan, near Salfit, said Israeli planning officers told them the al-Hurriya (Freedom) road will be demolished in two weeks.
Farmers were told to avoid agricultural work in the area.
The same street was dug up by Israeli bulldozers on March 24, 2011. The local municipality, with support from the Palestinian prime minister and donor organizations, later rehabilitated the road.
Palestinian Authority premier Salam Fayyad joined the road’s original inauguration two years ago.
On 18 November 2012, on the fifth day of the Israeli military offensive “Pillar of Defence” against Gaza, a war bulletin reported 72 people killed, including 19 children, 670 wounded, most of them women and children. That day, the Israeli air force bombed a three-storey building in Nasser Street, Gaza City, wiping out an entire family.
I was, like every day, at Shifa hospital. Suddenly ambulances brought the bodies of the young victims of the brutal attack:
Ibrahim Al Dalu, 11 months old
Jamal Al Dalu, 6 years old
Yousif Al Dalu, 5 years old
Sara Al Dalu, 3 years old
Even their mother died: Samah Al Dalu, 22, and their father, Mohammed Al Dalu, 28. The children’s Aunt also died, Ranin Al Dalu, 22, and the second aunt, Yara Al Dalu, 17, whose body was found just after 4 days in the rubble of the building. And also the two grandmothers died, Suhila Al Dalu, 75, and Tahina Al Dalu, 48. The bombing of the building of the Al Dalu family also hit a building next door, where two people were killed: Mzanar Abdallah, 20, and Amina Mznar, 80. A whole family was wiped out. The bombing took place on the entire three-story building which was completely destroyed.
Shifa hospital, 19 November 2012, bodies of the young victims. By the bodies, Yasser Saluha, the brother of the children’s mother.
On Monday, December 3rd, 2012, I had the opportunity to talk to the brother of the father of the children, Abdallah Jamal Al Dalu (20 years old). He talked about that night. “I was out with my father to to get food, when I received a call where I was told that my house had collapsed. I was shocked.” Abdallah and his father lived in the same building where he lived with the rest of his family.
In Gaza extended families often live together in the same building. Abdallah and his father are the only survivors of the Al Dalu family. All the other members of the family died under the rubble.
“I went home, I saw it destroyed, I could not speak,” continued Abdallah, crying. “My whole family was in the house. Then I went to the hospital and saw the bodies, it was a disaster.” Abdallah’s eyes were reliving what they had seen that afternoon.
Four days after the bombing Palestinian bulldozers excavating the rubble found the bodies of the children’s father, Mohammed Jamal Al Dalu and aunt, Yara Al Dalu.
Now Abdallah and his father are renting another house. They do not have beds to sleep in or the necessary living facilities, nor do they have clothes to wear.
Abdullah has asked us to ask the International Criminal Court to investigate what happened. “Children and women were killed in this massacre.”
Before leaving, I entered another building of the brothers of Mohammed Jamal Al Dalu, and Ahmal Jamal Al Dalu. Ahmal was not in Gaza during the war, but in Turkey, where he lives with his wife and family. “We want justice”, said Ahmal. “We want justice more than financial aid, because the money can go. What has happened is not a mistake, it is a crime. It is inhuman. It is not the first crime, crimes have been repeating for 64 years. We live without water, without electricity. It’s enough. ”
I translated his words in the darkness of the building while a friend lit up my notebook with only the light of the phone, and I said goodbye with a promise to stay in touch.
Our task now is to ensure that these crimes are not forgotten and that the Al Dalu family receives justice by bringing what happened to the International Criminal Court.
Photo of Abdallah Jamal Al Dalu, the brother of Mohammed Jamal Al Dalu
The Al Dalu family bombed home
The Al Dalu family bombed home
More photos:
The building next to the Al Dalu house bombed, in which two people died, Mzanar Abdallah, 20, and Amina Mznar, 80. The old woman was in a wheelchair and was in the kitchen at the time of the bombing. Her wheelchair was found in the rubble. See more photos here.
The United States says that its military has detained more than 200 teenagers in war-torn Afghanistan since 2008.
The US Department of State revealed that the Afghan teenagers were held at a military prison next to Bagram Airfield in Afghanistan and a few of them are still imprisoned at the Detention Facility in Parwan.
The figure was released in a report sent every four years to the United Nations regarding the UN Convention on the Rights of the Child.
The US military held the teenagers to “prevent a combatant from returning to the battlefield,” the report claimed.
Jamil Dakwar, the director of the American Civil Liberties Union’s human rights program, said on Friday that if the average age is 16, “This means it is highly likely that some children were as young as 14 or 13 years old when they were detained by US forces.”
Dakwar also criticized the length of the detentions, which the State Department report said was one year on average.
“This is an extraordinarily unacceptably long period of time that exposes children in detention to greater risk of physical and mental abuse, especially if they are denied access to the protections guaranteed to them under international law.”
Tina M. Foster, the executive director of the International Justice Network which represents adult and juvenile Bagram detainees, said, “I’ve represented children as young as 11 or 12 who have been at Bagram.”
“I question the number of 200, because there are thousands of detainees at Parwan,” Foster stated on Friday.
“There are other children whose parents have said these children are under 18 at the time of their capture, and the US doesn’t allow the detainees or their families to contest their age.”
The United States and its allies invaded Afghanistan in 2001 on the pretext of combating terrorism. The offensive removed the Taliban from power, but years into the invasion, insecurity remains in the country.
Sarafand. (Photo: Courtesy of Uri Zackhem, Palestine Remembered)
In the early winter of 1918, the wheat, barley and sesame fields of Sarafand al-Kharab lay fallow. Oranges, figs, almonds and olives had been harvested, the summer honey stored. At night the goats and sheep were brought into the warmth of the adobe brick houses.
On the moonless night of 9th December, as in typical Palestinian villages, smells of the sparse dinner were fading in the air, bellies barely full, the villagers, subsistence farmers and shepherds and their families, slept soundly except perhaps for a restless child here and there, a mother breastfeeding her baby, a few coughs tapping the night’s stillness.
Suddenly the village, roused by angry foreign voices, was cordoned off by lamps held by wrathful soldiers from the nearby army camp.
The next morning, 10th December, officers from the ANZAC Mounted Division questioned the village sheikh and demanded he hand over the murderer of one of their soldiers; a young New Zealand Trooper Leslie Lowry had been sleeping with his kit bag for a pillow woke when he felt the bag was tugged from under his head. He chased the thief who allegedly turned and shot Lowry in the chest. The alarm was raised and Lowry died before the doctor arrived. Confused, and still in the grip of the cordon, the chief and fearful villagers were unable to comply.
That night, hundreds of enraged New Zealander, Australian and Scottish soldiers set upon the village separating the women and children then viciously attacked the men folk with bayonets, clubs, chains and sticks and set alight the village and the nearby Bedouin camp. Situated on a rise overlooking the coastal plain, the flames, vying with screams of rage of agony of horror, were seen from IMD HQ a half mile away.
After an orgy of blood, 137 (or more) innocent village men (innocent fathers, innocent brothers, innocent husbands, innocent uncles, innocent cousins, innocent friends) lay dead among the smoke and glowing ashes or thrown in the village well; the distraught and grief-ravaged women were newly widowed, children fatherless, all homeless….and the soldiers had vanished into the darkness of a military cover-up.
No one from the ANZAC Mounted Division was prosecuted for the atrocity as the soldiers, standing as one, didn’t cooperate with the bland inquiry, denying participation and later some, from the 3rd Light Horse Regiment’s C Squadron, were ordered never to talk about it. (Daley p 277)
Cover-ups are a reprehensible part and parcel of military history and testimonies collected on Australian Military History of the Early 20th Century: Desert Column site are tainted with fundamental lies and racist justifications that have become the prototype for subsequent historical and newspaper accounts of the Sarafand Massacre:
The killer’s footsteps that led to the collective punishment of Sarafand villagers. Despite there being no witnesses to the shooting of Lowry and that no one saw the killer run to Sarafand, all accounts report that the footsteps of the killer were followed and led directly to the village.
In fact, no footsteps could have been followed from the camp as Palestinian terrain is too rocky. This is substantiated by the Uri Zackhem film, “Tracing all that remains of the destroyed village of Sarafand al Kharab, Palestine” made for Palestine Remembered.
Also, Private AS Mulhall, who was on active duty in the camp, stated “There [were] no sand hills within three miles of the spot where Lowry was shot.”
Furthermore, on checking the NASA, Phases of the Moon, 1901- 2000, the night of 9 December, 1918 fell in the new moon to the beginning of the first quarter Dec 3-Dec 11, which means that it was a moonless night. In rural areas and in a world sans electricity, a moonless night is literally pitch black to the point one cannot see a foot ahead.
Nevertheless, the Deputy Assistant Provost Marshal who was called to the camp that night ordered a plaster impression of a fantasy footprint, “Later in the afternoon I sent Lieutenant Fyfe to obtain footprint impressions made of plaster of Paris, which he has done. The specimens taken are those of the man’s left foot.”(Did the killer hop away?)
The Discrepant Number of Sarafand Victims
The casualty figures of the Sarafand massacre range from 5 to 137 but, as there was a cover-up, the number of dead will likely be higher.
Typically a cover-up provides the minimum number of victims: Deputy Assistant Provost Marshal reported he saw only 5 dead and 5 wounded and “saw no soldier committing an offence to warrant his arrest”; Briscoe Moore offered “38 natives”; Terry Kinlock stated “30 and 40 Arab men had been beaten to death or badly injured.”
However, Tasmanian Ted O’Brien confessed to 120 dead and ex-NSW Mounted policeman, AS Mulhall testified, “I counted 137 dead within the village. It was a most gruesome sight the manner in which their heads were bashed and battered.”
The severe dressing down of the division by Commander-in-chief, General Allenby, provides insight into the gravity and extent of the atrocity:
Allenby’s biographer, Lawrence James, writes that a ‘furious’ Allenby said the men were ‘murderers and cowards and by killing the Bedouin had taken away the good name of Anzac- in fact it was a worse atrocity than any the Turks had committed.‘ (Daley p265)
Allenby then immediately removed the division to Rafah and withdrew recommendations for all gallantry awards.
The Cover up
The cover-up was intensified over the decades with a flurry of denials and cross accusations by the different ANZAC Division units. The Australians denied participation putting the blame squarely on the New Zealanders and British artillerymen from the Ayrshire Battery while the New Zealanders parried with counter accusations.
In accounts, the number participating in the mass murder varies from 50 to 200.
Regardless, on 16 December, the entire division was paraded before General Allenby who addressed the members as “cowards and murderers” concluding with, “Officers, Non Commissioned Officers, and men of the Anzac Mounted Division I was proud of you once. I am proud of you no longer!”
The participation of all three national groups is confirmed by the compensation payments. In late 1920-1 the British War Office pressured Australia and NZ to pay compensation as the British government had rebuilt the village at a cost of 2060.11.3 pounds. Australia contributed 515 pound and NZ, 858 pounds.
TV NZ’s ‘Sunday: Day of Shame’ documentary reveals that the cover-up extended to the family of murdered Leslie Lowry. His nephew, Noel Woods, believed his uncle was ‘mown down in a hail of Turkish bullets’ and was deeply shocked by news of the massacre.
Blaming the Victims
HS Gullett, the official war correspondent in Palestine, puts the ‘unfortunate incident’ that demanded ‘instant justice’ in the context of the exasperation of the AIF heroes with the unpunished thefts by ‘these debased people’ – ‘The natives of Surafend were notorious for their petty thieving’ coupled with the murder of a comrade ‘at the hands of a race they despised’. Regarding the Bedouin, Ted O’Brien remarked, “wicked… You’d shoot them on sight.”
Gullett’s overt racist superiority, like that of the majority of WW I Australian soldiers hailing from the land of White Australia, dismisses outright the plight of Palestinians struggling to survive the dire economic impact on their land and livelihoods of the mounted armies of the Imperial and Ottoman forces. The Turks had demolished orchards and all the cavalries ‘drank out wells and grazed their horses on standing crops’. Palestinians were driven to steal because foodstuffs, livestock and even unwilling Palestinian staff were requisitioned by the British military and consequently there was a shortage of basic food and commodities and awful disruptions to daily life.
Gullett makes a reference to instances of theft by the Anzacs, ‘if the Arabs missed a sheep from their flocks, they were emphatic that a soldier in a big hat had been seen prowling in the neighbourhood.’ Stealing sheep may have been a lark for the soldiers, but it was devastating for impoverished Palestinian farmers.
The Arabs were also accused of desecrating and stealing from the dead, yet Ted O’ Brien ‘talks in detail how he and his mates stole coins from the dead. They also used the Turkish dead for target practice” (Daley p275). The Australian Imperial Forces (AIF) regularly conducted punitive patrols against villages and troops were known to leave behind booby traps of bully beef tins when they moved bivouac.
Al Nakba
Sarafand al Kharab suffered a second calamity on April 20, 1948 when Israeli Givati Forces demolished the village and ethnically cleansed its Palestinian inhabitants.
The Sarafand Massacre wasn’t a one-off aberration, for the Anzacs were notorious for inflicting harassment and collective punishment on Egyptian and Palestinian civilians. In her searingly honest book, ‘Australians and Egypt, 1914-1919’, Dr. Suzanne Brugger chronicles 4 incidents at Azizia, Bedrashein, Abu Akdar and Saft El-Malouk in which the AIF in 1919 were involved in destroying Egyptian villages by fire and the incurring of casualties through excessive force.
A letter in the Egyptian Gazette in 1918 complained, ‘Insobriety and misconduct by the troops threatened to undermine the prestige of the white races and of the Allied forces and dominant British regime in particular.’ (Brugger p61)
Misconduct ranged from misdemeanors to brutal violence: “Men of the Eight Brigade on a route march near Tel el Kebir sniped at passing “gypos’ until their targets fled over the skyline, Egyptian conductors were thrown from moving trains, and Egyptian stationmasters and minor officials were assaulted. The British soldiers are a sedate lot in comparison with ours, boasted a Victorian private, “they don’t knock the baskets of oranges off the heads of the natives, or pull boys off donkeys..” (Gammage p138) other misconduct included- leaving without paying at brothels, not paying fares on trams, looting and burning trading booths,‘drunkedness, harassment of women, riotous behavior and brothel-trawling’, foul language, cruel and crude jokes, ‘crumbling discipline’.
The accumulative offences were so grave that Brugger declares ‘the actions of the Australian troops in the past 5 years [1914-19] had contributed in part to this raising of the temper of the populace’ for emerging nationalism and the 1919 rebellion.(p9)
Ted O’Brien described the Sarafand Massacre as ‘ungodly’ and avowed “war is a shocking thing…It’s shocking just what men’ll do”. Perhaps PTSD arises not just from the horror of war and its stressful proximity to death, but also from the horror at the potential for inhuman barbarity.
Sometimes, a cover-up wreaks greater violence than the original crime. The glorification and sanitization of war is a form of cover-up that leads to further wars as WWI combatant and poet, Siegfried Sassoon warned;
At the Cenotaph
I saw the Prince of Darkness, with his Staff,
Standing bare-headed by the Cenotaph:
Unostentatious and respectful, there
He stood, and offered up the following prayer.
“Make them forget, O Lord, what this Memorial
Means; their discredited ideas revive;
Breed new belief that War is purgatorial
Proof of the pride and power of being alive;
Men’s biologic urge to readjust
The Map of Europe, Lord of Hosts, increase;
Lift up their hearts in large destructive lust;
And crown their heads with blind vindictive Peace.”
The Prince of Darkness to the Cenotaph
Bowed. As he walked away I heard him laugh.
– Dr. Vacy Vlazna is Coordinator of Justice for Palestine Matters. She was Human Rights Advisor to the GAM team in the second round of the Acheh peace talks, Helsinki, February 2005 then withdrew on principle. Vacy was coordinator of the East Timor Justice Lobby as well as serving in East Timor with UNAMET and UNTAET from 1999-2001.
Sources:
– Daley, Paul, Beersheba: A journey through Australia’s forgotten war, Australian Military History of the Early 20th Century: Desert Column site.
– Tracing all That remains of the destroyed village of Sarafand al Kharab, Palestine, Youtube.
– NASA, Phases of the Moon, 1901- 2000
– Gammage, Bill; The Broken Years
– Brugger, Suzanne; Australians and Egypt, 1914-1919
The Israeli Defense Force (IDF) claims vast military gains from its targeting of hundreds of sites in Gaza, including substantial civilian property, during “Operation Pillar of Cloud,” the intensive 8-day bombing the IDF initiated on November 14, 2012. But Palestinian witnesses deny that fighters were present or that rockets had been or were being launched from many of the sites the IDF bombed. Palestinian witnesses also deny the claims of any other military advantage to Israel from the attacks. They say the intent of Israeli political and military leaders was to do exactly what Israeli forces actually did: destroy civilian property and punish and traumatize the civilian population of Gaza.
Writing in the Jerusalem Post last March, Yaakov Katz reported the IDF desire “to do some periodic ‘maintenance work’ in Gaza and to mow the lawn, so to speak, with regard to terrorism, with the main goal of boosting its deterrence.” Thus, the IDF graphically admitted the political goal that requires periodic attacks, destroying Palestinian civilian property, and killing Palestinian civilians.
Evidence was collected by members of a US and UK delegation who were in Gaza from November 27 to December 3. Members viewed destruction throughout the Gaza Strip and interviewed Palestinian witnesses. They found substantial evidence of violation of international humanitarian law with regard to attacks on civilians and civilian property.
An independent and impartial investigation and prosecution is needed to establish the guilt or innocence of those responsible. The prosecutor of the International Criminal Court (ICC) or, if that approach is blocked, another tribunal established by the General Assembly under Article 22 of the UN Charter, may initiate such an investigation. If the investigation shows evidence of violations, the perpetrators should be prosecuted–including those Israeli political and military leaders who ordered the violations. Otherwise their immunity is likely to allow further violations.
Not waiting for the ICC to initiate its investigation, the Palestine Center for Human Rights is calling for establishment of a commission composed of prominent attorneys and jurists to conduct a thorough fact-finding investigation in the coming weeks and issue a report on its findings.
International humanitarian law
International humanitarian law (IHL) establishes rules for armed conflict and military occupation with the purpose of minimizing civilian suffering and casualties.
These rules apply to a country engaged in an occupation of territory not its own. They apply to states and non-states alike. Thus, the rules apply to both Israeli and Palestinian military forces in territory occupied by Israel, including the Gaza Strip. Although Israel withdrew its illegal settlers from Gaza in 2005, Israeli military forces retain control over the territory, including its airspace and its land and sea borders. The Israeli military conducts periodic military operations with drones and F-16s and conducts military incursions on a regular basis. Israeli naval forces regularly intercept and shoot at Palestinian fishermen. Israeli forces along the border regularly shoot at farmers attempting to work their land in Gaza along the border with Israel.
As occupying power, the rules provide Israel with an obligation to protect Palestinian civilians and Palestinian civilian property. While the Israel government may use police power to preserve order and protect its own population, its right to use military force in occupied territory is restricted, as described in an article by Noura Erakat, “No, Israel Does Not Have the Right to Self-Defense In International Law Against Occupied Palestinian Territory.”
The rules protect not just civilians but also civilian property and other civilian infrastructure. Under the rules, a civilian building or other civilian property might conceivably be a legitimate military target–but only if it is being used for a military purpose and no other method is possible. Each such facility must be assumed to be civilian object–and therefore off limits as a military target–unless and until evidence is shown that the building is actually being used for a military purpose and that the attack is a military necessity.
For example, the Hague Convention IV of 1907 regarding the Laws and Customs of War on Land provides in Article 23, “it is especially forbidden . . .(g) To destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war.” Article 25 provides, “ The attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings which are undefended is prohibited.”
In its advisory opinion on the wall, the International Court of Justice found that the Fourth Geneva Convention was applicable to occupied Palestinian territory. The convention provides in Article 53: “Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.” Although Israeli withdrew its illegal settlers in 2005, Gaza is still considered under the control of Israel and remains occupied territory.
Even if evidence is found that a building is being used for a military purpose and the attack is the only way to accomplish the military objective, an attack on the building is still unlawful if the injuries to civilians or damage to civilian infrastructure is expected to be disproportionate to the anticipated military advantage from the attack. The principle is part of customary law that applies to all nations. Protocol I of the Geneva Convention defines this requirement:
“With respect to attacks, the following precautions shall be taken: (a) those who plan or decide upon an attack shall: . . . (iii) refrain from deciding to launch any attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.”
Ownership or use of a building by a government or by a semi-governmental authority that is engaged in military combat is not sufficient to legitimize an attack. The criteria of actual military use, necessity, and proportionality must be met before any attack on the building can be launched. Otherwise the attack violates International Humanitarian Law.
Government buildings were closed and evacuated
Government authorities in Gaza ordered all government buildings, including ministries, police stations, schools, and other facilities, closed and evacuated as Israeli military actions escalated around the time an Israeli rocket extra-judicially executed the leader of the military wing of the Hamas movement, Ahmed al Ja’bari and his bodyguard on November 14. The closure of government facilities extended even to prisoners locked up in a jail at one police station in Gaza City visited by one of the authors–the prisoners were all released and told to return when the Israeli attacks ended and a real cease fire was in place.
Police stations and government ministries and offices are not inherently legitimate military targets. Police and most government officials are civilians, regardless of their political views, religious affiliation, or party affiliation. If a police station or a government building is not being used for military purposes, an attack on the police station or ministry is a violation of international humanitarian law.
Furthermore, collective punishment of civilians and reprisals against civilians and civilian property are both forbidden by international humanitarian law. The Fourth Geneva Convention provides in Article 33: “No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. . . Reprisals against protected persons and their property are prohibited.”
Thus, the civilian population may not be punished by loss of a building or other civilian infrastructure because of the acts of certain resistance fighters. The attack on the building can only be justified if the attack is to accomplish a present and necessary military objective and the military advantage from the attack outweighs damage to civilians and civilian property.
Israeli Defence Force explains its attack on Government Buildings
The Israeli Defense Force web site provides a day-by-day and hour-by-hour report of actions it undertook in Gaza from November 14 to 21. The site reports on November 17 at 8:55am that “as part of the IDF targeting of government buildings, [Prime Minister] Ismail Haniya’s headquarters, the Hamas Ministry of Interior, and the Hamas police compound, were targeted.”
The IDF website recorded a statement issued by the IDF’s spokesperson, Brig. Gen. Yoav (Poly) Mordecai on November 17 at 9:10am, who said, “the IDF struck buildings belonging to the Hamas government. Ismail Haniyeh’s headquarters, which serve as the headquarters for the Hamas government, was destroyed in a strike. Additionally, the Hamas’ police headquarters and the homeland security headquarters in Gaza City were also targeted.”
On November 21 at 7:14am the IDF website reported that “The targets included the Ministry of Internal Security – which served as one of the main command and control centers for the Hamas terror organization.”
Our observation in Gaza confirms that the Israeli military attacked and completely destroyed the Ministry of Interior, the Prime Minister’s government building, and several police stations. We also observed severe damage to the Ministry of Health, located near the Ministry of Interior. The damage to the Ministry of Health was not mentioned by the IDF website.
The Interior Ministry was converted to rubble, with craters about 15 feet deep and about 40 feet across in several places from the bombs dropped. In addition to the Health Ministry, buildings across streets on two sides, including one housing a travel agency and a bank, had all facing windows destroyed among other severe damage. The Israeli bombs also killed or wounded civilians in the neighborhood.
The building housing the Prime Minister’s office was also converted to rubble. Adjacent residences were severely damaged.
Palestinian witnesses we interviewed denied that either the Interior Ministry or Prime Minister Haniyeh’s office was being used in any way at all, as all government buildings, including both of these, had been closed and evacuated. If true that the buildings were closed, evacuated, and not being used in anticipation of Israeli strikes, the reasons given for the attacks on the IDF web site do not fully explain how the buildings could have been used for military purposes during the time Israel was conducting its military operations.
The IDF explains its attacks on residential housing
The IDF website also mentions Israeli air force attacks that destroyed or damaged residential housing. On November 17 at 7:10pm it reports that GOC Southern Command Maj. Gen. Tal Russo addressed the media stating, “Most of the weaponry of the terror organizations is stored in residential houses, from which they launch the missiles and the rockets against Israel.”
Similarly, on November 19 at 7:10am the IDF website reports, “The IDF targeted buildings owned by senior terrorist operatives, used as command posts and weapon storage facilities.”
On November 20 at 6:40 am, the website reports, “We also struck the house of several senior officers within the terror organizations, of the rank of company commander and battalion commander.”
Delegation members visited with Wallid Al Nasassra, a neighbor of one of the 55 houses destroyed by IDF bombs during Operation Pillar of Cloud. An F-16 rocket targeted a home 200 yards away in which his brother, Teewfiq Mamduh Id Abid, Teewfiq’s wife, Amani Ibrm Qader, and 10 of Teewfiq’s children were living. Two of the children were killed in this attack and 7 children were injured. Only one of the children escaped uninjured. The witness’s brother and his wife were both severely injured. The Al Nasassra area is between Rafah and Khan Younis, on land evacuated by Israeli settlers in 2005. Wallid Al Nasassra denied that rockets were stored in the demolished home or that the owners were in any way associated with fighters. Nor, he said, were any of the neighboring homes used for storing rockets. He also said that neighbors would not permit fighters to be in the vicinity of their homes. Israeli forces have so far released no evidence supporting their assertion of rocket storage at this or other residences they destroyed.
Similarly, the attack on the houses of several senior officers would only be legitimate if military activity was being conducted in the houses, the attack on the houses was the only way to accomplish the military goal, and if the military advantage from the attack was not outweighed by damage to civilians and civilian property. Nothing in the IDF report indicated whether the houses of the senior officers contained women and children and whether the senior officers who supposedly were the targets were at home during the attacks.
The IDF explains its attacks on a football stadium
The IDF website quotes IDF Spokesperson Brig. Gen. Yoav (Poly) Mordechai on November 19 at 1:40pm stating: “we attacked a stadium in Gaza City after receiving verified information of a launch from within the stadium, again showing the terrorists’ continued use of civilian centers.” On November 19, @IDFSpokesperson posted this message on Twitter: “3 days ago, Palestinian terrorists used a stadium to fire rockets to Tel Aviv & Jerusalem. We targeted site this morn.” The post included a map with X marking two spots within the stadium from which the IDF says rockets were fired 3 days earlier.
However, a Palestinian witness at the site denied that any rockets were launched. Large craters are found adjacent the goals at both ends of the football field as if the F-16 pilot was aiming for scoring goals with his bombs rather than quenching rocket fire. Bombs also hit seating areas of the stadium. No fighters were reported hit by any of the Israeli bombs striking the stadium. The IDF so far has not released evidence supporting their assertion of rocket firing from the stadium. Israeli forces did not explain how they could wait 3 days to attack the site while still claiming that bombing the stadium provided military advantage and remained a military necessity. The necessity argument is further diminished by the lack of IDF explanation as to how cratering the field in two places, rendering it unusable for football, would prevent, rather than encourage, its future use as a site for launching rockets, if indeed the IDF actually has evidence to prove it ever was a launch site.
The IDF explains its attacks on a financial institution
The IDF website reports on November 20 at 6:40 am, “A financial institution used by Hamas to fuel its terror activity was targeted in the northern Gaza Strip.” At 9:30 that morning Brig. Gen. Mordecai said, “During the night we attacked and hit one hundred targets, including a financial center controlled by Hamas.
While the financial institution may have been engaged in financial activity that the IDF objected to, the IDF justified its attack exclusively based on its financial activity rather than based on any military activity taking place at the financial institution.
The IDF position that a financial institution is a legitimate military target if engaged in financing an organization considered to be an enemy is likely to concern Israelis who may wonder whether their own financial institutions may now become legitimate military targets if they have financial transactions with the Israeli government, settlers, or other occupation authorities. The Israeli justification may also surprise large numbers of Americans who believe that the World Trade Center in New York–which housed financial institutions–was not a legitimate military target.
In the case of the financial institution, the IDF statement that it attacked this civilian property because of its financial activity appears to be an admission of a plan or policy to attack civilian property without regard to the requirements of military objective and military necessity.
In a report on November 17, the BBC reported, “The army told the BBC it wanted to hit hundreds more [targets] and that it was legitimate to target anything connected with Hamas.” Thus, Israeli military officials further admitted plan or policy to base its targeting outside the requirements of international humanitarian law.
According to the Palestine Center for Human Rights weekly report for November 14-21, the Israeli Occupation Forces carried out 1350 air strikes in which 1400 missiles were launched during the 8-day assault on Gaza: 55 houses were completely destroyed and hundreds of houses sustained damage. 2 mosques were completely destroyed and 34 others were damaged. 8 government establishments, 13 security offices and police stations, and 2 bridges connecting the central Gaza strip with the north were destroyed. 6 media offices, 6 health institutions, 28 educational institutions, and 22 civil and charity associations were targeted. And dozens of agricultural lands sustained major damage.
PCHR states that 168 Palestinians, including 100 civilians were killed by the Israeli military. Among the civilians killed were 35 children, 14 women, and 2 journalists. 1288 Palestinians were wounded including 1261 civilians. Among the civilians wounded were 466 children, 219 women, and 10 journalists.
While in Gaza, the authors visited sites including the government Interior Ministry and the adjacent Health Ministry, the office of the prime minister, a police station, a soccer stadium, a sports facility, and the Islamic bank. Palestinian sources maintain that no fighters were present and no rockets were fired from any of these places and thus they were not legitimate military targets.
The IDF site does not explain its attacks on a sports facility
An F-16 dropped bombs on a building in Gaza City that housed the Al Jazeera Club and the Islamic Bank. Housed on the second floor of a four story building, the Al Jazeera Club is a sports facility for athletes, girls and boys, and disabled people of all ages. It particularly includes facilities to help the disabled and rehabilitate them physically and socially and to integrate them into other segments of society. Two members of the Al Jazeera Club represented Palestine at the London paralympic games. One member won a Gold medal in javelin at the Asian Paralympic Games in 2010. The Club is the only sports facility for the disabled in Gaza. The Club is also one of few places in Gaza that encourages girls and women to participate in sports. The bombs completely destroyed the entire Club facility.
The Islamic Bank, located on the ground floor just below the Club, was also completely destroyed, leaving a large crater in its floor. As other banks in Gaza were also targeted, Palestinians think that destroying the bank was the target of the attack.
Two floors of unfinished new construction were located above the Club.
According to PCHR, no fighters were in or near the building. No rockets were being launched. No activity of any kind was in the building, as it had been evacuated. The building could therefore not have been a legitimate military target.
A building next door was also completely destroyed making seven families homeless. The IDF has identified no military objective that outweighs the destruction of the building, the Al Jazeera Club, the Islamic Bank, and the residential building next door. Thus, the attack could also be considered disproportionate.
In the cases investigated, Israel’s destruction of civilian property appears to have provided no military advantage. Damage to civilian property was disproportionate and the IDF website admits that some of the attacks were in reprisal. In all of the cases reported here, interviewees reported that no Palestinian fighters were in the property bombed by Israeli forces. Consequently military necessity does not appear to be available.
Further investigation is needed into the apparent violations. The International Criminal Court should conduct the investigation or, if the ICC fails to do so, an International Criminal Tribunal for Israel should be established by the UN General Assembly as a ‘subsidiary organ’ under U.N. Charter Article 22 to conduct the investigation. The ICC or the tribunal should prosecute Israel’s top generals and other military and political leaders if the investigation confirms the violations.
Israel’s “Pillar of Cloud” follows Israel’s “Operation Cast Lead” by less than four years. Immunity and impunity continue–despite the findings of the UN Goldstone Report. If that immunity and impunity is allowed to continue further violations are inevitable.
James Marc Leas and Theresa McDermott participated in the US and UK emergency delegation to Gaza November 27 to December 3. James, from S. Burlington Vermont, is a co-chair of the National Lawyers Guild Free Palestine Subcommittee. Theresa, from Edinburgh Scotland, participated in two of the voyages to Gaza with the Free Gaza Movement
Activists in France have launched a campaign to disband the French branch of the Jewish Defense League (JDL), which is reportedly protected by the French government, Press TV reports.
Pointing to numerous acts of violence committed by the JDL, the activists censured the French government’s tolerance of the Jewish group and reaffirmed their determination to continue their campaign to ban the JDL.
The United States considers the JDL as a terrorist group. It is a Jewish far-right organization whose stated goal is to expel Palestinians from their homeland and “protect Jews from anti-Semitism by whatever means necessary.”
Under former French President Nicolas Sarkozy, the group’s ties with the French government surfaced after French police allowed JDL members to use their sports facilities for military training.
The group has committed hundreds of violent acts in France, but their crimes have gone unpunished and even unreported, with merely a single conviction on record.
In a latest instance of violence, JDL thugs recently attacked Olivia Zemor, a leader of the non-violent Boycott, Divestment and Sanctions campaign, sprayed a very toxic paint all over her body and posted the video of the assault on their website. French police arrested no one with regard to the attack.
“Any time they see a Palestinian voice, they attack them and they run away, because the French government is an accomplice to that,” said Nicolas Shahshahani, Zemor’s husband.
The JDL also attacked Shahshahani’s bookstore in 2006, using tear gas and dousing his books with cooking oil, but none of the perpetrators was apprehended.
Speaking passionately in an interview with CNN’s Christiane Amanpour, Nasser al-Awlaki talked on television for the first time about the drone strike that killed his 16-year-old grandson, Abdulrahman. The teenager, an American citizen born in Denver, was killed by a U.S. missile in 2011.
The ACLU and the Center for Constitutional Rights represent Nasser al-Awlaki in a lawsuit challenging the targeted killing of Abdulrahman as well as two other Americans killed by a drone strike two weeks earlier: Abdulrahman’s father Anwar and Samir Khan.
Later in the show, the ACLU’s Hina Shamsi debated Columbia Law School Professor Matthew Waxman, a former Bush administration official.
“There are extraordinary circumstances in which the government may use lethal force in response to an actual, concrete, and imminent threat – and those circumstances were not met in the case of any of the three citizens that we brought the lawsuit regarding,” said Shamsi.
“They are specifically called into question when you look at the case of Abdulrahman al-Awlaki, a 16-year-old boy eating dinner outside. No one has made any allegation that he was engaged in wrongdoing, and his case is representative of either a wrongful targeting or the case of a civilian bystander being killed…the lawsuit is an effort to provide transparency about the vague legal criteria the government is using and the basis on which it is carrying out that program.”
British forces in Afghanistan have been accused of killing four boys in Afghanistan’s southern province of Helmand in October.
According to a report published by the Guardian on Tuesday, a group of lawyers recently sent a letter to British Defense Secretary Philip Hammond, demanding that the UK government investigate the alleged killings.
The lawyers, acting on behalf of the relatives of two of the victims, said that during an operation in the village of Loi Bagh in the Nad Ali district of Helmand on October 18, the UK troops shot dead the Afghan boys while they were drinking tea.
The victims were identified as 18-year-old Fazel Mohammed, Naik Mohammed, 16, Mohammed Tayeb, 14, and 12-year-old Ahmed Shah.
The British troops were on a joint operation with Afghan forces.
“We submit that all of the victims were under the control and authority of the UK at the times of the deaths and ill-treatment,” the letter to Hammond read.
“The four boys killed all appear to have been deliberately targeted at close range by British forces. All were killed in a residential area, over which UK forces clearly had the requisite degree of control and authority.”
Major Adam Wojack, a spokesperson for the foreign forces in Afghanistan, has confirmed the operation. However, he has claimed that four “Taliban enemies in action” were killed.
The letter also includes a statement by the relatives of the victims, rejecting “any suggestion that any of the four teenagers killed were in any way connected” to the Taliban. “All four were innocent teenagers who posed no threat whatsoever to Afghan or British forces.”
The Inter-American Commission on Human Rights (IACHR) condemns the murder in Paraguay of human rights defender Vidal Vega, leader of the Campesinos sin Tierra movement (Landless Campesinos) and president of the Committee of Relatives of Victims of the Curuguaty Massacre and urges the State of Paraguay to investigate and clear up these crimes, and punish those who perpetrated and masterminded them.
According to IACHR information, on December first, 2012, two individuals arrived aboard a motorcycle at the home of Vidal Vega. Police information quoted in news reports indicates the victim’s spouse, María Cristina Argüello, answered the door: the two unknown men asked for Vidal Vega and shot him with 12-caliber rifles, in the presence of his family.
The information received also indicates that Vidal Vega was a key witness in an investigation into the Curuguaty massacre, which happened on 15 June 2012, and where 11 peasants and 6 policemen died. The massacre took place during a raid on Campos Morombí, Marina Cue, lands in litigation between the State and private parties.
These events led to the impeachment of former Paraguayan President Fernando Lugo, who ended up being removed from office. It was also reported that Vidal Vega was the person responsible for the safekeeping of the documents related to proceedings by the Committee of Relatives of Victims of the Curuguaty Massacre before the National Institute of Rural Development and Land for the adjudication of the “Marina Cue” lands.
The IACHR calls to mind that it is the State’s obligation to proactively investigate acts of this nature and punish those responsible. The Commission also urges the State of Paraguay to immediately and urgently adopt all necessary measures to guarantee the right to life, integrity, and safety of human rights defenders in the country, particularly those who work in the Campesinos sin Tierra movement and on the Committee of Relatives of Victims of the Curuguaty Massacre.
As the Commission has stated previously, the acts of violence and other attacks perpetrated against human rights defenders not only affect the guarantees that belong to every human being, but undermine the fundamental role that human rights defenders play in society and leave all those for whom they fight defenceless.
The IACHR also calls to mind that the work of human rights defenders is essential to the construction of a solid and lasting democratic society, and that they play a leading role in the process of pursuing the full attainment of the rule of law and the strengthening of democracy.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.
Young men from Beit Hanoun tell visitors what happened when Israeli rockets hit their neighbourhood on November 15, 2012, killing two children
Across the road, the home of Jamal Abdul Karim Nasser is uninhabitable. The ruins of the home face directly onto the missile crater. Young relatives explained to us that shrapnel from the missiles had killed Odai Jamal Nasser, age 15. We were standing on the edge of the crater when Odai’s brother Hazem, age 20, asked us into what remained of his home.
The missile explosions had shattered every window, and done extensive damage to walls and floors.
Hazem and his family had been sleeping in a hallway, so as to be safer from attack, when suddenly the house was falling down on top of them. “My father’s arm and head were bleeding,” said Hazem, “and he was looking for a flashlight to check on the children.” Hazem’s mother took the two youngest sons out of the house and headed for their uncle’s home. Hazem’s father suddenly realized that the son sleeping next to him, Hazem’s brother Odai, was dead. Hazem’s other younger brother, Tareq, started crying out for help and then lost consciousness. After calling for an ambulance Hazem’s father began heading for the nearby mosque to seek help. But the mosque was ablaze. They waited ten agonizing minutes for the firemen to arrive. The moment the firemen arrived, so did another rocket, injuring several of the first responders.
Only after Tareq was safely at the hospital did Hazem’s father dare tell his mother that her son Odai was dead. The burial was the following day.
“Our area was safe,” said Hazem, “and we couldn’t imagine that this would happen. It was very strange. No one could believe that the Israelis would target our area.” He paused before adding, “They want to clear everything.”
This memory will always be with Hazem. “I will remember what happened to my brother and my house and that will affect my choices in the future.” He asked us to tell this story to others. “Ask them to look at our suffering and how we are slaughtered every day,” he urged, speaking softly.
Outside the home, as we spoke, young men had arrived with a donkey, a cart, and plastic buckets. They were filling the buckets with chunks of debris from the Nasser’s front yard and dumping the buckets into the cart before refilling them. They estimated it will take a week to clear all of the wreckage and debris that surrounds the Nasser home and covers every floor inside.
We asked the young workers, most of whom were relatives of the Nasser family, and most of whom had known Fares Basyouni, if they had any messages they’d like us to convey to people who might see the photos we’d taken or read our account of what happened to this neighborhood on November 15th.
Mohamed Shabat, age 24, who hopes one day to become a journalist, quickly replied: “We want to stop the killing of Palestinians.”
Kathy Kelly (Kathy@vcnv.org) co-coordinates Voices for Creative Nonviolence (www.vcnv.org)
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The word “alleged” is deemed to occur before the word “fraud.” Since the rule of law still applies. To peasants, at least.
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