Army harassment at peaceful tree-planting in Qaryut
International Solidarity Movement | January 8, 2010
An overwhelming force of Israeli military soldiers converged on farmlands outside Qaryut today as villagers attempted to replenish their endangered lands with water and new olive trees. Despite the overbearing army presence, residents’ convictions were strong enough for them to stand their ground and finish work for the day.
Villagers entered the Qaryut’s eastern farmlands following the midday prayer, carrying 200 baby olive trees donated by Palestinian Agricultural Relief and the Ministry of Agriculture. Facing the busy Nablus – Ramallah Road 60 route, and the Israeli settlements of Shilo and Eli behind them they set to work planting the new trees in the land oft neglected by farmers from fear of settler or army reprisal.
As residents worked the land, others began clearing the large earth mound that had been constructed across the small dirt road serving as Qaryut’s sole link to Road 60. Residents reported Israeli bulldozers shifting the earth mound in to place on January 6th, a repeated attempt of the military to block farmers from their land. The villagers’ work alerted the attention of Shilo settler security, who were sighted on the hilltop overlooking the farmland, photographing the proceedings.
Israeli Occupation Forces arrived soon after. One hummer carrying 20 soldiers immediately entered the area, shouting aggressively at the Palestinians that they had no right to be working their own land.
“I decided to approach the captain,” said Rayed, resident of Qaryut and co-organiser of the event. “He started to yell at me in Hebrew and I told him, this is Palestine. We don’t speak Hebrew here, we speak Arabic – or maybe English.”
The captain became enraged, but switched to English and informed Rayed that he and the villagers must return to their homes within 5 minutes, before the soldiers “started their work.”
“I said to him, what work?” recounts Rayed. “What is your work? To kill us? Well, he became very angry at that. But I told him that we will keep planting our trees, this is all we came here to do. The security of Israel will not be compromised by us planting some trees.”
By this time 11 more military jeeps had arrived, comprising a force of some 50 soldiers in total who quickly surrounded the farmland where the villagers continued to work. The trees planted successfully in the ground, the villagers prepared to leave as once again the soldiers became aggressive.
“They started shouting at us for leave, to go home,” says Rayed. “We were already on our way, but we didn’t need them to yell at us. They looked like they were about to attack. The captain approached me and demanded that we not intefere with the roadblock. I told him that the roadblock prevents tractors from accessing the crops, and that it is obvious the purpose of the roadblocks’ location is to make it easier for the settlers to conquest the land. If it was anything else, they’d put it directly at Road 60.”
The roadblock has been an ongoing impediment to Qaryut’s residents freedom of movement, and preventing farmers from accessing their lands. Several successful demonstrations were held last year when international solidarity activists joined hundreds of local protesters in removing the roadblock by hand, only for military bulldozers to rebuild it the following day.
Calling Bono – Your Palestinian Gandhis Exist … in Graves and Prisons
By Alison Weir | January 8, 2010
Dear Bono,
In your recent column in the New York Times, “Ten for the Next Ten,” you wrote: “I’ll place my hopes on the possibility — however remote at the moment — that…people in places filled with rage and despair, places like the Palestinian territories, will in the days ahead find among them their Gandhi, their King, their Aung San Suu Kyi.”
Your hope has already been fulfilled in the Palestinian territories.
Unfortunately, these Palestinian Gandhis and Kings are being killed and imprisoned.
On the day that your op-ed appeared hoping for such leaders, three were languishing in Israeli prisons. No one knows how long they will be held, nor under what conditions; torture is common in Israeli prisons.
At least 19 Palestinians have been killed in the last six years alone during nonviolent demonstrations against Israel’s apartheid wall that is confiscating Palestinian cropland and imprisoning Palestinian people. Many others have been killed in other parts of the Palestinian territories while taking part in nonviolent activities. Hundreds more have been detained and imprisoned.
Recently Israel has begun a campaign to incarcerate the leaders of this diverse movement of weekly marches and demonstrations taking place in small Palestinian villages far from media attention.
The first Palestinian Gandhi to be rounded up in this recent purge was young Mohammad Othman, taken on Sept. 22 when he was returning home from speaking in Norway about nonviolent strategies to oppose Israeli oppression and land confiscation. He has now been held for 107 days without charges, much of it in solitary confinement.
The second was Abdallah Abu Rahma, a schoolteacher and farmer taken from his home on Dec. 10, the only one to be charged with a crime. After holding him for several days, Israel finally came up with a charge: “illegal weapons possession” – referring to the peace sign he had fashioned out of the spent teargas cartridges and bullets that Israel had shot at nonviolent demonstrators. (One such cartridge pierced the skull of Tristan Anderson, an American who was photographing the aftermath of a nonviolent march, causing part of his right frontal lobe to be removed.)
The third was Jamal Jumah’, a veteran leader in the grassroots struggle, who was taken by Israeli occupation forces on Dec. 16th and is now being held in shackles and often blindfolded during Kafkaesque Israeli military proceedings.
Palestinians have been engaging in nonviolence for decades.
When I was last in Nablus I learned of a massive nonviolent demonstration that had occurred in 2001 – estimates range from 10,000 to 50,000 Palestinian men, women, and children taking part in a nonviolent march. All sectors of Nablus had joined together in organizing this – public officials, diverse parties, religious, secular, Muslim, Christian.
Modeling their action on images of Dr. Martin Luther King, they marched arm-in-arm, believing that Israel would not kill them and that the world would care. They were wrong on both counts. Israeli forces immediately shot six dead and injured many more. And no one even knows about it. At If Americans Knew we are currently working on a video to try to remedy the last part; there’s nothing we can do about the dead.
But there’s a great deal you can do, Bono. You can use your talent and celebrity to tell the world these facts. You can write a New York Times op-ed about the Palestinian Gandhis in Israeli prisons and call for their freedom. You can sing of these Palestinian Martin Luther Kings you wished for, and by singing save their lives.
For the reality is that nonviolence is only as powerful as its visibility to the world. When it is made invisible through its lack of coverage by the New York Times, the Associated Press, CNN, Fox News, et al, its practitioners are in deadly danger, and their efforts to use nonviolence against injustice are doomed.
In the New York Times you publicly proclaimed your belief in nonviolence. Now is your chance to demonstrate your commitment.
* * *
Killed by Israeli forces while demonstrating against the Israeli wall being built on Palestinian land [http://palsolidarity.org/2009/06/7647]
5 June 2009:
Yousef ‘Akil’ Tsadik Srour, 36
Shot in the chest with 0.22 calibre live ammunition during a demonstration against the Wall in Ni’lin.
April 17, 2009:
Basem Abu Rahme, age 29
Shot in the chest with a high-velocity tear gas projectile during a demonstration against the Wall in Bil’in.
December 28, 2008:
Mohammad Khawaja, age 20
Shot in the head with live ammunition during a demonstration in Ni’lin against Israel’s assault on Gaza. Mohammad died in the hospital on December 31, 2009.
December 28, 2008:
Arafat Khawaja, age 22
Shot in the back with live ammunition in Ni’lin during a demonstration against Israel’s assault on Gaza.
July 30, 2008:
Youssef Ahmed Younes Amirah, age 17
Shot in the head with rubber coated bullets during a demonstration against the Wall in Ni’lin. Youssef died of his wounds on August 4, 2008.
July 29, 2008:
Ahmed Husan Youssef Mousa, age 10
Shot dead while he and several friends tried to remove coils of razor wire from land belonging to the village in Ni’lin.
March 2, 2008:
Mahmoud Muhammad Ahmad Masalmeh, age 15
Shot dead when trying to cut the razor wire portion of the Wall in Beit Awwa.
March 28, 2007:
Muhammad Elias Mahmoud ‘Aweideh, age 15
Shot dead during a demonstration against the Wall in Um a-Sharayet – Samiramis.
February 2, 2007:
Taha Muhammad Subhi al-Quljawi, age 16
Shot dead when he and two friends tried to cut the razor wire portion of the Wall in the Qalandiya Refugee Camp. He was wounded in the thigh and died from blood loss after remaining in the field for a long time without treatment.
May 4, 2005:
Jamal Jaber Ibrahim ‘Asi, age 15
Shot dead during a demonstration against the Wall in Beit Liqya.
May 4, 2005:
U’dai Mufid Mahmoud ‘Asi, age 14
Shot dead during a demonstration against the Wall in Beit Liqya.
February 15, 2005:
‘Alaa’ Muhammad ‘Abd a-Rahman Khalil, age 14
Shot dead while throwing stones at an Israeli vehicle driven by private security guards near the Wall in Betunya.
April 18, 2004:
Islam Hashem Rizik Zhahran, age 14
Shot during a demonstration against the Wall in Deir Abu Mash’al. Islam died of his wounds April 28, 2004.
April 18, 2004:
Diaa’ A-Din ‘Abd al-Karim Ibrahim Abu ‘Eid, age 23
Shot dead during a demonstration against the Wall in Biddu.
April 16, 2004:
Hussein Mahmoud ‘Awad ‘Alian, age 17
Shot dead during a demonstration against the Wall in Betunya.
February 26, 2004:
Muhammad Da’ud Saleh Badwan, age 21
Shot during a demonstration against the Wall in Biddu. Muhammad died of his wounds on March 3, 2004.
February 26, 2004:
Abdal Rahman Abu ‘Eid, age 17
Died of a heart attack after teargas projectiles were shot into his home during a demonstration against the Wall in Biddu.
February 26, 2004:
Muhammad Fadel Hashem Rian, age 25
Shot dead during a demonstration against the Wall in Biddu.
– Hide quoted text –
February 26, 2004:
Zakaria Mahmoud ‘Eid Salem, age 28
Shot dead during a demonstration against the Wall in Biddu.
Notes and Sources:
(1) Israeli was first exposed in the West by the London Times in the late 1970s. Foreign Service Journal [http://www.nytimes.com/2010/01/03/opinion/03bono.html] wrote about Israeli torture of Americans in June, 2002, and Addameer [http://addameer.info/?p=496] gives specifics today.
(2) Al Haq, the West Bank affiliate of the International Commission of Jurists – Geneva, writes: [http://freemohammadothman.wordpress.com/2010/01/] “…as part of their repression campaign, which coincided with the release of the Goldstone Report, the Israeli forces have re-launched daily dawn raids in villages affected by the Wall, arresting youths and children, for the purpose of extracting confessions about prominent community leaders advocating against the Wall, and continued to intimidate activists by destroying their private property and threatening them with detention. Finally, Israel has directly targeted the Grassroots “Stop the Wall” Campaign [http://stopthewall.org/index.shtml]by arresting and intimidating its leaders…His village, Jayyous, has been devastated by the Apartheid Wall
(3) Human Rights Watch [http://www.hrw.org/en/news/2009/12/04/israel-end-arbitrary-detention-rights-activist] found that “”The only reasonable conclusion is that Othman is being punished for his peaceful advocacy…”
(4) Abdallah Abu Rahma was taken [http://www.popularstruggle.org/freeabdallah]when “eleven military jeeps surrounded his house, and Israeli soldiers broke the door, extracted Abdallah from his bed, and, after briefly allowing him to say goodbye to his wife Majida and their three children — seven year-old Luma, five year-old Lian and eight month-old baby Laith, they blindfolded him and took him into custody.”
On Jan. 6th Abdallah wrote: [http://palsolidarity.org/2010/01/10429]:
“I mark the beginning of the new decade imprisoned in a military detention camp. Nevertheless, from within the occupation′s holding cell I meet the New Year with determination and hope…. Whether we are confined in the open-air prison that Gaza has been transformed into, in military prisons in the West Bank, or in our own villages surrounded by the Apartheid Wall, arrests and persecution do not weaken us. They only strengthen our commitment to turning 2010 into a year of liberation through unarmed grassroots resistance to the occupation.
“The price I and many others pay in freedom does not deter us. I wish that my two young daughters and baby son would not have to pay this price together with me. But for my son and daughters, for their future, we must continue our struggle for freedom…”
(5) Tristan Anderson was shot [http://palsolidarity.org/2009/03/5324] with a high-velocity canister after photographing a nonviolent protest in Ni’lin on March 13, 2009. His ambulance was held up for a period of time by Israeli forces before finally being allowed to take him to a hospital. Video of parents’ press conference [http://www.youtube.com/watch?v=FcK_4ksR1fw]
(6) Israeli forces interrogated Jamal Juma’ and then “brought him back home, handcuffed, and searched his house while his wife and three children watched. Then they took him off to prison.” – CounterPunch [http://www.counterpunch.org/hijab12242009.html ] Despite being held for 20 days, [http://stopthewall.org/latestnews/2152.shtml] no charges have yet been brought against Jamal.
(7) The Nablus march mentioned above took place on March 30, 2001, on Jerusalem Street in the south of Nablus, leading to the Huwara checkpoint. This was on what Palestinians call the “Day of the Land” or “Land Day” (information on Land Day can be seen at http://electronicintifada.net/bytopic/255.shtml).
(8) In our study of the Associated Press, “Deadly Distortion,” [http://www.ifamericansknew.org/media/ap-report.html] we commented: “…our analysts looked at hundreds of articles that AP published on topics relating to the Israel/Palestine issue, and noted a number of additional patterns that merit further examination… Nonviolence movement. Palestinian resistance efforts have included numerous nonviolent marches and other activities, many joined by international participants, Israeli citizens, and faith-based groups. This nonviolence movement has been an important topic in the Palestinian territories, with growing numbers of people taking part – in 2004 the Palestinian News Network reported on 79 major demonstrations that were exclusively nonviolent. Yet, we did not find any reports in which AP had described a Palestinian demonstration or other activity as nonviolent or utilizing nonviolence.
Alison Weir is executive director of If Americans Knew, [http://www.ifamericansknew.org/] which provides information about Israel-Palestine. She can be reached at contact@ifamericansknew.org. She phoned and faxed Bono’s management company Principle Management [http://www.fanmail.biz/25157.html] at both their New York and Dublin locations in an effort to contact him but has not yet received a reply. She suggests that others may wish to do this as well: 212.765.2330 / fax: 212.765.2372.
Related articles
- Five kids arrested in Ni’lin village (nilin-village.org)
- Israeli mid-night invasions in Ni’lin, one arrested. (nilin-village.org)
- Palestinian Woman Arrested in Chicago (alethonews.wordpress.com)
Amnesty urges Israel to release or try three Palestinians
By Agence France Presse | January 09, 2010
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OCCUPIED JERUSALEM: Human rights group Amnesty International urged Israel on Friday to release or fairly try three Palestinian jailed for protesting against the West Bank separation barrier. The three, two of whom are held without charges, may be “prisoners of conscience, held for legitimately voicing their opposition to the fence/wall,” Amnesty said in a letter to Defense Minister Ehud Barak.
“These men have all been involved in campaigning against the building of this construction, much of it on the land of the occupied West Bank, and we fear that this is the real reason for their imprisonment,” said Malcolm Smart, director of Amnesty’s Middle East and North Africa program.
“If this is the case they must be released immediately and unconditionally,” he said.
Jamal Juma, coordinator of the Stop the Wall campaign, has not been charged with any offence since his arrest on December 16 and has not had access to his lawyer.
He is held under Israeli military law, which applies to the occupied West Bank.
“As someone who holds a Jerusalem ID card, according to Israeli law his case should be handled under the country’s civil, not military, legal system,” the London-based human rights watchdog said.
Mohammad Othman is also held without charge since September 22. He was arrested upon his return from Norway where he met activist groups and campaigned against the wall, Amnesty said.
Abdullah Abu Rahma, who heads Popular Committee Against the Wall in the West Bank village of Bilin, was arrested on December 10.
He has been charged with incitement, stone-throwing, and possession of arms, the latter for collecting spent cartridges and tear gas grenades used by Israeli forces to disperse anti-wall protesters.
“These three men are all well known for their defense of the human rights of Palestinians. In the unlikely event that there are genuine grounds to prosecute these men, they should be charged with recognizable criminal offences and brought promptly to trial in full conformity with international fair trial standards,” said Smart.
Afghan Prisoners Challenge Indefinite Detention
By William Fisher | January 08, 2010 | Excerpt
On Thursday, the D.C. circuit court heard oral arguments in a case known as Maqaleh v. Gates – the first legal challenge in U.S. courts on behalf of prisoners detained at Bagram Airbase in Afghanistan.
The case was brought by the International Justice Network (IJNetwork) on behalf of two Yemenis and one Tunisian citizen, each seized outside of Afghanistan from third countries and held without charge or trial in U.S. custody for more than six years.
Evidence suggests that each man was shuttled through U.S.-run secret prisons (“black sites”) for torture and interrogation, prior to ultimately being transferred to Bagram – itself the site of well-documented human rights violations – where they continue to be subjected to indefinite detention under sole U.S. military custody.
During the entire six-year period he has been in U.S. custody, Maqaleh has not been permitted to see his family and has been denied any access to lawyers or a court of law. Because he is being held virtually incommunicado, his father authorized IJNetwork to file a petition for a writ of habeas corpus in U.S. court seeking his release.
Though his case has now been pending for over three years, the government continues to refuse to allow Maqaleh to communicate with his attorneys.
In April 2009, Judge John D. Bates ruled that Maqaleh and two other petitioners in the case, Amin al-Bakri and Redha al-Najar, have a constitutional right to petition U.S. courts for a writ of habeas corpus.
Judge Bates’ decision was based on the Supreme Court’s decision in Boumediene v. Bush, which established that detainees held in U.S. custody at Guantanamo had a constitutional right to file habeas corpus petitions in U.S. courts.
But before any of the Bagram detainees could have his day in court, the Barack Obama administration appealed Judge Bates’ decision, arguing that none of the 600 detainees at Bagram have any rights under U.S. law.
As the organization representing the Bagram detainees, the IJNetwork has called on the Obama administration to end the practices of rendition, torture, and indefinite detention and provide fundamental human rights to all individuals held in U.S. custody – including at Bagram.
Though President Obama has vowed to close Guantanamo, the Department of Justice continues to defend the George W. Bush administration’s position that individuals held at other U.S.-run military facilities have no legal rights.
Deputy Solicitor General Neal Katyal, arguing for the government, said the circumstances surrounding detention of prisoners at Bagram are unique and do not match the circumstances at the Guantanamo Bay base in Cuba. Katyal noted that Bagram is in the middle of a war zone.
But Tina Foster, executive director of the IJNetwork, who argued for the Bagram detainees, told IPS, “Our clients are three innocent men who have been imprisoned without charge for seven years and haven’t even been told why.”
“The fundamental question at issue in these cases is whether the United States government can seize individuals from peaceful countries anywhere in the world and imprison them without charge indefinitely, based solely on the location of the prison facility where the government decides to detain them,” Foster said.
She added, “The position of the Obama administration is that it can do so, as long as it uses Bagram, instead of Guantanamo, as its legal black hole. This is an extreme position – and one that allows the president to do exactly what the Supreme Court said was unconstitutional in the Guantanamo cases.”
‘Hospitals may in no circumstances be the object of attack’
Part 13 of a series recounting the findings of South African jurist Richard Goldstone’s UN Fact Finding Mission on the Gaza Conflict.
Bethlehem – Ma’an – On 8 January 2009, one year ago today, Israeli artillery shells struck the seventh-floor apartment of Dr Jaber Abu An-Naja, the former PLO ambassador to Senegal and a well-known Fatah politician.
The doctor’s wife and son-in-law were killed immediately as they sat on the balcony eating pastries. His wife was cut in half by the explosion and his son-in-law was thrown from the balcony on to the street below.
His daughter, Ihsan, was seriously injured and taken for treatment to Al-Quds Hospital, a medical center located near Abu An-Naja’s and a number of other civilian apartment buildings on Al-Abraj Street in Gaza’s Tal El Hawa district, which had come under attack for four days.
According to three senior doctors at the hospital and two residents from Al-Abraj Street, at some point between 3 and 6 January several tanks were stationed several hundred meters east of Al-Quds, visible from the hospital’s ambulance depot. Throughout the days of 5-8 January, there was significant artillery fire on apartment buildings nearby to where Abu An-Naja’s relatives were killed.
The shelling on 8 January was just one incident of dozens in and around the area that damaged portions of the hospital and destroyed other buildings in their entirety during Israel’s three-week assault on the Gaza Strip, which ended in late January 2009.
Continuous damage to medical buildings
When the air offensive began on 27 December, for instance, a government building opposite the hospital’s administrative building on Al-Abraj Street was almost totally destroyed. The building had previously served as a criminal detention center and is still referred to locally by that designation although it had recently been used for other purposes, including customs administration. The same building was reportedly struck on a number of other occasions after 27 December, after which the site was completely demolished.
Kitty-corner to the hospital, on Jami’at Ad-Duwal Al-Arabiya Street, was another building rented to the de facto government and used primarily as a public registry office. At the time of writing, only the ground floor of the building remained. Witnesses, speaking to the Goldstone commission, indicated that the upper floors had been destroyed, probably by artillery fire, on 6 and 7 January.
By 15 January, the area immediately to the south of Al-Quds Hospital (the customs building and the registry building) had been totally or very substantially destroyed. The area to the east on Al-Abraj Street had been significantly attacked by artillery fire.
By this time, several hundred civilians had also gathered in the hospital buildings seeking safety.
The Al-Quds Hospital belongs to the Palestinian Red Crescent Society (PRCS). It consists of three buildings facing west toward the sea on the corner of Jami’at Ad-Duwal Al-Arabiya Street and Al-Abraj Street in the area of Tel Al-Hawa.
The building nearest the corner was seven stories high. Its principal purposes were administrative and cultural rather than medical. It stored a huge quantity of PRCS archives. The middle building contained the accident and emergency treatment areas as well as other offices of medical and administrative staff. The building furthest from the corner was the main medical building with operating theaters in the basement. About 200 meters east on Al-Abraj Street was the PRCS ambulance depot.
The buildings all suffered significant damage in the course of an Israeli bombardment on 15 January 2009, which included the use of white phosphorous, endangering the lives of staff and more than 50 patients. There was no warning given for any of the attacks.
Direct Attack on the Hospital
During the night of 14 January, Israeli forces began an extended barrage of artillery fire over the area. It continued into the morning of 15 January. Between 8 and 9am doctors in the main building were in the principal meeting room when shells landed on either side of the building. They saw white phosphorous wedges burning near a container of diesel and efforts were successfully made to move those away.
The initial explosions blew out the office windows. The administrative building on the corner was also hit. Because the hospital building was largely constructed out of timber (rare in Gaza), staff were worried that the fire would spread. A witness described how hospital staff, including senior doctors, all sought to break, by hand, the wooden bridge linking the administrative building to the hospital building, in an attempt to prevent the fire from spreading.
Shortly after the initial explosions and fire were observed, a tank shell directly penetrated the rear of the middle hospital building. That part of the building was made of corrugated iron. The shell made a clearly defined home in the hospital wall, and the impact crater continues through the cement wall into the hospital’s pharmacy.The pharmacy was completely destroyed as a result.
An eyewitness said that through the resulting hole, he observed a tank on a road between two buildings about 400 meters east of the building. Although he could not say whether it was this tank that had struck the hospital directly, it was in a direct line in relation to the entry point of the shell.
No civil defense forces were available to fight the fire at the hospital, so medical staff worked on their own to save the building and ensure the safety of the patients.
It was not until 4pm that the International Committee of the Red Cross (ICRC) was able to respond and help evacuate patients. Officials at the ICRC made it clear upon arrival that it would be able to carry out this procedure only once. Those not evacuated at 4pm were relocated to the operating theaters of the damaged hospital.
At 8pm, another fire broke out in the hospital. As a result, a total evacuation of remaining patients and those who had sought refuge at the hospital was carried out. It was at this stage that one of the senior doctors took an eight-year-old girl who had been struck by a bullet in the jaw and was critically ill to Ash-Shifa Hospital, where she later died. One of the medical staff at the hospital told the Goldstone commission that there was very heavy fire in the area, and he felt sure there were direct hits by Israeli forces on the ambulance depot.
As the hospital was evacuated, the depot, 200 meters to the east in Al-Abraj Street, sustained damage, and one of its principal buildings was entirely destroyed. Remnants of three PRCS ambulances that had been parked at the entrance to the depot were seen were still visible by summer. Two had been crushed by tanks but not burned out. The other ambulance showed signs of having been struck directly in the front below the windscreen by a missile of some description and having been burned out.
The devastation caused to both the hospital buildings, including the loss of all archives in the administrative building, and the ambulance depot was immense, as was the risk to the safety of the patients.
The Israeli position
In the conclusions of their investigations on 22 April 2009, Israeli authorities did not specifically mention the incident at Al-Quds Hospital, although a portion of it addresses some allegations regarding the use of ambulances. In another report, released in July 2009, the Israeli government quotes part of an article from Newsweek magazine:
One of the most notorious incidents during the war was the Jan. 15 shelling of the Palestinian Red Crescent Society buildings in the downtown Tal-al Hawa part of Gaza City, followed by a shell hitting their Al Quds Hospital next door; the subsequent fire forced all 500 patients to be evacuated. Asked if there were any militants firing from the hospital or the Red Crescent buildings, hospital director general Dr. Khalid Judah chose his words carefully. “I am not able to say if anyone was using the PRCS buildings [the two Palestine Red Crescent Society buildings adjacent to the hospital], but I know for a fact that no one was using the hospital.”
In the Tal-al Hawa neighborhood nearby, however, Talal Safadi, an official in the leftist Palestinian People’s Party, said that resistance fighters were firing from positions all around the hospital. He shrugged that off, having a bigger beef with Hamas. “They failed to win the battle.” Or as his fellow PPP official, Walid al Awad, put it: “It was a mistake to give Israel the excuse to come in.” [para. 173].
While the Israeli government does not comment further on the specific attack, it would appear to invoke these comments to justify the strikes on the hospital and surrounding area.
The final report of Richard Goldstone’s UN inquiry understood that the Israeli government “may consider relying on journalists’ reporting as likely to be treated as more impartial than reliance on its own intelligence information,” but said its investigators were “nonetheless struck by the lack of any suggestion in Israel’s report of July 2009 that there were members of armed groups present in the hospital at the time.”
The report also said it addressed questions to Israel’s government regarding the use of white phosphorous munitions against the hospital and the direct military advantage pursued by their use under the circumstances, but received no reply.
Factual findings
The Goldstone report finds that on the morning of 15 January the hospital building and the administrative building were struck by a number of shells containing white phosphorous and by at least one high explosive shell. “The fires these caused led to panic and chaos among the sick and wounded, necessitated two evacuations in extremely perilous conditions, caused huge financial losses as a result of the damage and put the lives of several hundred civilians including medical staff at very great risk.”
In its conclusions, the mission also notes that as a result of the conditions the attack created, the hospital was unable to provide the necessary care for an eight-year-old girl. “Despite heroic attempts to save her, she died later in another hospital. The girl had been shot by an Israeli sniper. The Mission finds the Israeli armed forces responsible for her death.”
On the issue of armed groups being present in the hospital buildings, the team does not agree that anything in the extract cited from Newsweek magazine justifies the conclusion that the hospital premises were being used by armed groups.
The fact that Dr Judah spoke with certainty about matters within his knowledge “cannot be presumed to mean that he believed other parts of the hospital premises were being used by armed groups,” the Goldstone report notes, speculating that it could have been “journalistic gloss and is tantamount to putting words in the mouth of Dr. Judah.” The comments attributed to Safadi that “resistance fighters were firing from positions all around the hospital” can mean either that people were inside the hospital firing or were in positions outside but near to the hospital, Goldstone adds, “The journalist did not clarify precisely what was meant.”
The mission carried out over eight hours of interviews with senior and junior staff at the hospital, and having sought to verify the matter with others, including journalists who were in the area at that time, concluded that it was unlikely there was any armed presence in any of the hospital buildings at the time of the attack. It also notes that no warning was given at any point of an imminent strike and at no time has the Israeli government suggested such a warning was given, compared to other instances in which they insist they did.
Goldstone’s report states that in reviewing the scene at the time of the strikes, “it is important to bear in mind that a great deal of destruction had already occurred and that buildings with an apparent connection to the local government had been attacked and largely destroyed. As such, Israeli tanks had a relatively clear view of the area immediately to the south of the hospital.
“The Mission also notes that as a result of the attacks on al-Abraj Street by tanks for several days, the scope for resistance, if any, from that particular quarter had been significantly reduced.
The mission concedes that it was aware of reports that there was significant resistance from Palestinian groups in the area on the night of 14 January, in which Israeli troops entered buildings along the street and allegedly used human shields to check if there was any presence of enemy combatants of explosive devices and found none.
Legal findings
Article 18 of the Fourth Geneva Convention provides that civilian hospitals may in no circumstances be the object of attack but shall at all times be respected and protected by the parties to the conflict. Civilian hospitals’ protection shall cease “only after due warning has been given, naming, in all appropriate cases, a reasonable time limit and after such warning has remained unheeded,” article 19 states.
“Even in the unlikely event that there was any armed group present on hospital premises, there is no suggestion even by the Israeli authorities that a warning was given to the hospital of an intention to strike it,” the Goldstone report states. “As such the Mission finds on the information before it that Israeli armed forces violated articles 18 and 19 of the Fourth Geneva Convention.
“On considering the information before it, the Mission takes the view that there was intent to strike the hospital, as evidenced in particular by the high explosive artillery shell that penetrated the rear of the hospital and destroyed the pharmacy.
“Even if it is suggested that there was no intent to directly strike the hospital but that Palestinian armed groups had taken up positions near al-Quds hospital, the Israeli armed forces would still have been bound to ensure that risk of death, injury or damage to the people in the hospital or the hospital itself would not be excessive in relation to the military advantage anticipated in attacking the hospital.
“Taking into account the weapons used, and in particular the use of white phosphorous in and around a hospital that the Israeli armed forces knew was not only dealing with scores of injured and wounded but also giving shelter to several hundred civilians, the Mission finds, based on all the information available to it, that in directly striking the hospital and the ambulance depot the Israeli armed forces in these circumstances violated article 18 of the Fourth Geneva Convention and violated customary international law in relation to proportionality.”
Israel prevents 19 sight-impaired Gazans from leaving for cornea implants
Physicians for Human Rights | January 7, 2010
The Israeli authorities at Erez checkpoint this week prevented the exit of 19 sight-impaired patients, suffering from various eye diseases, from the Gaza Strip in order to undergo cornea transplants, a treatment that is not available in the Gaza health system. Because of this delay, the medical window of opportunity to perform the transplants for these patients was closed, because corneas can be transplanted only within the shortest time frame (24-48 hours after they are extracted from the donor’s body). The patients from Gaza whose exit was prevented will therefore have to wait for another donation, which may or may not happen.
At the beginning of the week Physicians for Human Rights – Israel (PHR-Israel) received an appeal from the Musallam Medical Center in Gaza. According to the appeal, a large group of 14 patients from Gaza, who were invited to Ramallah for cornea transplants from Sunday to Wednesday this week (January 3-5, 2010), did not reach their destination. Five other patients approached PHR-Israel separately. The group of patients includes some who were waiting weeks or even months for cornea transplants. The longest wait was 31-year-old S.A., who has been waiting for this operation for three years.
The main Musallam Medical Center in Ramallah this week received two deliveries from the US with dozens of corneas, donated by Tissue Bank International, an American organization that facilitates cornea and tissue transplants. Every year corneas are sent during Christmas break, during which such operations do not take place in the US, as a donation to the Palestinian health system, and dedicated especially to eye patients from Gaza.
The inquiry by the medical center in Ramallah raised the concern that the exit of the patients from Gaza was being prevented by the Israeli authorities, and accordingly PHR-Israel on Sunday made an urgent request to the DCO in Gaza, responsible for issuing exit permits to patients. In its appeal to the DCO, PHR warned that preventing the exit of the vision-impaired patients for eye operations this week will necessarily cause them to lose the opportunity for cornea transplants in the near future, if ever, because the corneas designated for the transplants have a very short expiration date.
Despite this request, the Israeli authorities prevented the exit of the 19 patients for the operation on time. Five patients were not given any answer; four patients were summoned to ISA investigations, scheduled for dates later than the cornea expiration dates; two requests were rejected; and eight requests were approved only after media intervention, but after the corneas had already expired.
This case, with its far-reaching consequences for the vision-impaired patients who now lost the opportunity to repair their eyesight, illustrates the many difficulties that face the residents of Gaza who need medical care that is not available in the Gaza Strip. The delays, apathy and rejection by the Israeli authorities, which every month curtail the access of dozens of patients to medical care, had particularly severe significance in this case, because prevention of these patients’ exit from Gaza caused the loss of the corneas (which can be transplanted within no more than 48 hours from the moment of donation). Now the patients will have to wait for another cornea donation, at an unknown time and likelihood.
Therefore, PHR-Israel strongly protests the blatant disregard of the Erez checkpoint authorities for the medical urgency of allowing the exit of patients for cornea transplant operations.
Settlers desecrate olive groves in Burin
International Solidarity Movement | January 7, 2010
Twenty olive trees belonging to the Sufan family of Burin village were destroyed by settlers this morning. Burin, located in the northern West Bank, comes under frequent attack from the settlements of Yitzhar and Bracha enveloping the village.
Under the cover of dark, settlers entered the olive groves of the Sufan family home at around 3am and began chopping the trees. The attack is the third of its kind in the last two months, with the family losing 96 trees in November. The family’s home sits on the southern tip of the village towards the hill ascending to Yitzhar settlement, and bears the brunt of their violent neighbours’ attacks. It is the third attack of its kind in the last two months alone, with the family losing 96 of their olive trees in November directly after the harvest.
The Sufan family has experienced harassment from the settlement almost from the day of its construction in 1982, but the violence has peaked in the last three years, seeing settlers attempting to torch the home on several occasions, several rooms of which are still burnt and damaged. The family has been forced to equip every window in the house with strong wire fencing, in the hopes of protecting themselves when settlers descend on the property en masse, hurling stones at the house. Even the family’s livestock have come under attack.
Background:
Burin village is located in a valley directly between two mountains, colonised by two of the northern West Bank’s most extreme settlements – Yitzhar and Bracha. Burin’s 1000 residents have suffered greatly over the years, seeing destruction and arson of home and property, the slaughter of livestock and constant violence and intimidation at the hands of their neighbours. In addition to this, the village’s available farmland is under threat and continues to shrink, as Burin farmers abandon their lands, fearing the risk of harassment lest they be spotted by settlers and provoke an attack.
Yitzhar settlement is notorious for its fanatically ideological residents, the violence they inflict on neighboring Palestinian communities, and the extremist doctrines they espouse. Saturdays, the Jewish religious holiday of Shabbat, typically sees Yitzhar settlers roused to fever pitch zeal, wrecking havoc upon Palestinian villages unfortunate enough to live in its shadow. Settlers have frequently launched attacks with rocks, knives, guns and arson on Palestinian families and property in the area. In one of the most extreme act of terrorism students of the Yitzhar Od Yosef Hai yeshiva fired homemade rockets on Burin in 2008.
Not content with committing their own acts of brutality, Yitzhar rabbis are key players in incitement of targeted violence across the West Bank. Rabbi Elitzur from the same Yitzhar yeshiva published a book this November titled “The Handbook for the Killing of Gentiles”, condoning even the murder of non-Jewish babies, lest they grow to “be dangerous like their parents”. Rabbi Elitzur is vocal in his encouragement of “operations of reciprocal responsibility” such as the arson attack made on Yasuf mosque in November 2009.
Despite West Banks settlements’ status as illegal under international law, Yitzhar was included in the Israeli governments’ recent “national priority map” as one of the settlements earmarked for financial support. Construction has continued unabated in both Yitzhar and Bracha, despite the 10-month “freeze” announced in November. Yitzhar and Bracha also receives significant funding from American donations, tax-deductible under U.S. government tax breaks for ‘charitable’ institutions.
Wave of arrests continue in Burqa village
File photo
International Solidarity Movement | January 8, 2010
The Israeli army has abducted another young man from the northern West Bank village of Burqa. Muhammad Samir, 21 years old, was stopped outside the village by soldiers as he returned from his workplace in Tulkarem and arrested. Arrests and military invasions have surged this past month in Burqa, with Samir becoming the 22nd person taken since the beginning of December.
Samir was returning from his work at the Tulkarem offices of the Palestinian Authority at 10am yesterday morning when he was stopped at a flying checkpoint between Burqa and the neighbouring village of Bisaia. Upon checking his ID he was immediately place under arrest by soldiers. He was released from prison just two years ago, serving a two-year sentence from the age of 17.
The wave of arrests, primarily carried out in night raids on the village, have robbed Burqa of 22 young men in the past month alone. The village’s 4,000 residents sleep uneasily now, unknowing of who may be taken the next time the military comes. It is the standard story in hundreds of cases of its kind: young men, generally aged 16 or 17 and in their last year of school, arrested and charged with throwing stones at military jeeps when they enter the village.
International solidarity activists have initiated a nightly vigil in Burqa, joining local residents in keeping watch until the early hours of the morning in the hopes of documenting and de-escalating the violence of the night raids. During the invasions soldiers enter either by jeep or on foot, surrounding the homes of wanted people and preventing residents from leaving their home. Residents report extreme violence at the hands of the soldiers during invasions, with shots fired as the family is usually forced in to the bathroom for several hours and their home torn apart by soldiers, searching for weapons or other incriminating possessions.
Burqa has long been a target for Israeli Occupation Forces and its residents are no strangers to the senseless violence meted out by soldiers. The village itself became a training ground for Israeli soldiers preparing for battle in the 2006 war with Hezbollah, the village’s topography resembling that of southern Lebanon. Residents recall almost nightly invasions during the period, with soldiers storming the homes of families who were forced out in to the street, handcuffed and ID’d, only to be informed that they were participating in an Israeli military training exercise.
Atop the mountain overlooking Burqa sits Homesh, an Israeli settlement built on the village’s lands and evacuated by the military in 2005 as part of Ariel Sharon’s disengagement from 4 West Bank settlements and the 21 Jewish settlements in Gaza. Not that Burqa’s farmers have been permitted to recommence work on their lands – the area was declared a military zone following the settlement’s original evacuation, and so it has remained.
Nor has the evacuation of settlers from Homesh been maintained in the years following the disengagement. A campaign of reclamation, spearheaded by the extremist “Homesh First” organisation, has been growing ever since and has ensured a significant settler presence still active in the area. Despite the military’s repeated attempts to disperse the settlers, nothing has successfully prevented the Homesh First supporters from attempting to repopulate the area, particularly during Jewish religious holidays when settlers converge in their thousands on the site. Thus Burqa farmers’ goal of land reclamation is not just borne of the legitimate desire for vital lands to be returned to their legal owners, but also out of a real fear of resettlement of the site by ideological Israeli settlers.
Farmers of Burqa continue live under constant threat of violence at the hands of the settlers, vengeful in their attempts to lay claim to the stolen land. Over 5000 fertile dunums remain inaccessible to the Palestinian population. For the last two years the village has co-ordinated an annual trip to the contested area, re-planting and cultivating 95 dunums of land. Settlers have descended each time on the area soon after to destroy the farmers’ work, uprooting trees and destroying new wells built for irrigation. 25 dunums of the original 95 remain.
Gaza, Day 12: The shooting of Amal, Souad, Samar and Hajja
Part 12 of a series recounting the findings of South African jurist Richard Goldstone’s UN Fact Finding Mission on the Gaza Conflict.
Bethlehem – Ma’an – In the late morning of 7 January 2009, one year ago today, Israeli tanks moved onto a small piece of agricultural land in front of the of the house of Khalid Abd Rabbo and his wife Kawthar, on the ground floor of a four-story building in the eastern part of Izbat Abd Rabbo, a neighborhood east of Jabaliya inhabited primarily by members of their extended family.
Speaking to Richard Goldstone’s UN inquiry, Khalid recounted: “On January 7 at 12:50pm the Israeli army bulldozed our garden and the Israeli tanks were positioned in front of our house. They started yelling at us through the speakers and asked us to leave the house.”
Moments earlier, at 12:30pm, megaphone messages telling all residents to leave were heard across the neighborhood. According to one witness’s recollection, a radio message was also broadcast by Israeli forces around 12:30pm announcing that there would be a temporary cessation of shooting between 1 and 4pm that day, during which time residents of the area were asked to walk to central Jabaliya.
“Of course this happened when Israel had declared [a] ceasefire for four hours, January 7 from 1:00-4:00pm, and that was a truce back then and that’s when wounded civilians could be rescued, and in spite of all of that, in spite of all of this declaration, the Israeli army was there right in front of our house not attempting to move,” Khalid said.
Responding to the messages, Khalid, his wife Kawthar, their three daughters, nine-year-old Souad, five-year-old Samar, and three-year-old Amal, and his mother Hajja Souad stepped out of the house, all of them carrying white flags. Less than 10 meters from the door was a tank, turned toward their house. Two soldiers were sitting on top of it having a snack. It was 12:50pm.
“So we stood by our entrance and holding flags, white flags. The tanks were seven meters away from our house.”
The family stood still, waiting for orders from the soldiers, but none was given. “[W]e were by the entrance holding white flags and waiting for them to tell us what we should do, whether to go back inside the house or move to somewhere else. They did not say anything to us. There were two soldiers sitting on top of the tank. One of them was eating chips. The other one was eating chocolate. We were looking at them like what are we supposed to do, where should we go, but no reaction from them whatsoever.”
Without warning, a third soldier emerged from inside the tank and started shooting at the three girls and then also at their grandmother. Several bullets hit Souad in the chest, Amal in the stomach and Samar in the back. Hajja Souad was hit in the lower back and in the left arm.
“They starting shooting at the children with no reason, no reason, with no explanation, no pretext,” Khalid said. “My daughter, three years old, [her] stomach was, hit and her intestines were coming out. So really I was amazed at how could a soldier be firing at my daughter? So I carried my daughter, three years old. She could hardly breathe. Like I said, her stomach was wounded.
“My other daughter was also wounded in her chest. So I took both of them, Samar and Amal, inside the house. My wife and my mother and my other daughter Suad were still outside. All of a sudden my wife joined me carrying Suad. She was wounded also. Her chest was wounded by many bullets. My mother, 60 years old, she was carrying the white flag and she was wounded on her forearm and also in her stomach.”
Khalid and Kawthar carried their three daughters and mother back inside the house. There, they and the family members who had stayed inside tried to call for help by mobile phone. They also shouted for help and a neighbor, Sameeh Al-Sheikh, an ambulance driver who had his ambulance parked next to his house.
Sameeh put on his ambulance uniform and asked his son to put on a fluorescent jacket. They got in the ambulance, had driven a few meters from their house, when Israeli soldiers ordered them to halt and get out of the vehicle. Sameeh protested, saying he had heard cries for help from the family and intended to bring the wounded to hospital. The soldiers ordered him and his son to undress and then redress. They then ordered them to abandon the ambulance and to walk toward Jabaliya.
“So we were all inside the house and we started calling the ICRC [International Committee of the Red Cross], the ambulances, anybody to come and rescue us but nobody came and all of a sudden we heard an ambulance but all of a sudden nothing, silence. But later, we saw that the Israeli soldiers asked the ambulance drivers to come out of the car, to undress, and they bulldozed the ambulance with the tank.”
Not like before , when civilians were safe
Khalid’s family decided to stay inside the house, all gathered on the ground floor, as they had done safely during previous Israeli incursions into the neighborhood.
According to Khalid: “Our house, or our area rather, was subjected to many incursions and each and every time the army would invade the area, would come into our houses, but no harm was done to civilians or to children. Last time, that is before the last war on Gaza, that was on January 3, 2008, the Israeli army came in our house and stayed three days and destroyed many things inside the house but left without harming the civilians or the children. Now during the last war that is on January 7, 2009, actually the ground war had already started and we heard that Israel had declared war on Hamas.
“We are civilians. We have nothing to do with Hamas and we were used to have the Israeli army come into our area,” Khalid recalled in his testimony to Richard Goldstone’s UN inquiry. “So I thought this time we could stay in our houses. We had nothing to do with Hamas. We did not pose any danger to Hamas. The war, the ground war, started on Gaza and as of the first half hour approximately on January 4, the Israeli army controlled the whole area. There was no resistance in the area. It’s an area nearby the Israeli border. Of course we were inside the houses. We were surprised because the war went on for four days while we were still inside our houses.”
On 7 January 2009, however, when Amal and Souad died of their wounds, the family decided that they had to make an attempt to walk to Jabaliya. They would take Samar, the dead bodies of Amal and Souad, and their grandmother to hospital.
“My mother, 60 years old, was also dying. I was helpless. I didn’t know what to do for my children. There was my daughter dying in front of me. So I carried her and left the house even if I had to die myself because I couldn’t take it anymore. So I carried my daughter and left the house again so that the soldier, he might as just well kill my daughter and kill myself because I couldn’t take it anymore. I couldn’t let my children die in front of me.”
Khalid explained: “From 12:50 until 2:50 we were stuck inside the house. Once again, like I said, I went out to the soldier. They were there, three of them, and there was a Merkava tank positioned in front of the house. I was carrying Samar, even if I had to die, and I was surprised because the third soldier looked at me and two minutes later he went inside the tank and then he came out and he moved his hand just, you know, telling me you can go ahead. So I immediately went back home inside the house and told them we’re going to die anyway. So we don’t want to die inside the house. Let’s die outside the house. Let’s move.
“Although inside the house there [were] more than 25 children, my brothers, my sisters, my dad, my mom. So we had to bring children’s mattress to put my mom on top of the mattress because she was very tired. I carried my daughter Suad, three years old. She was dead… While we were moving, every ten meters they were shooting, once above our heads and the other time by our feet. ”
Khaled and Kawthar, as well as other family members and neighbors, carried the girls on their shoulders. Hajja Souad was carried by family and neighbors on a bed. Samar was transferred to Ash-Shifa Hospital and then, through Egypt, to Belgium, where she was still is in hospital at the time of writing.
“So we were trying to move and every now and then we would fall down. We walked for almost a kilometer and a half until we reached the edge of Jabaliya downtown. Of course, we reached the Kamal Idwan Hospital and they confirmed that the three of them were martyred…surprisingly enough they told me that Samar, no, she had survived and she was moved to Ash-Shiffa Hospital. I took the bodies of my two daughters in order to bury them. We didn’t have any time. This was an outrageous war and the Israeli army was moving around. So we had to bury them, Amal and Suad, and wait until they would bring Samar because we thought and we knew that Samar was going to die. ”
According to her parents, Samar suffered a spinal injury and will remain paraplegic for the rest of her life. “Samar, of course, and with God’s will, Samar survived, survived so that she would be the witness before the world for the atrocities,” Khalid said. “Samar survived, paralyzed. She can move only her arms. She can speak but the rest is paralyzed. She can speak for herself and she can tell her tragedy.”
According to Khalid, “I haven’t seen [Samar] since the events. My tragedy is still going on. It’s not over. So what crime did I commit? I have always been a peace-loving person. I’m for peace. I’ve always supported peace and despite [all that] happened to me I’m asking the world please, please help us live in peace. The Israeli army knows that, that I’ve never been a terrorist.
“… why did it happen to me, why did they come to my house, kill my children without having committed any crime. What did I do?
“There was no war. It was cold-blooded murder of children. That was not just accidental. No, the soldier even chuckled, like I said. I know that Israel has a very sophisticated technology and that every operation it carries out is actually filmed and I’m asking Israel please broadcast the film of the killing of my children. Did you see my children carrying any rockets?”
No home to return to
When Khalid returned to his home on 18 January 2009, his house, as most houses in that part of Izbat Abd Rabbo, had been demolished. He drew the UN fact-finding mission’s attention to an anti-tank mine under the rubble of a neighbor’s house.
He added: “I call upon the international community and ask the international community why my children were cold-bloodedly killed? Why were they fired on? My mother, 60, she was hit in her chest; my daughter Suad, eight years, in her chest; Samar, four years, in the chest; Amal, three years, in the chest, and this is despite the fact that they are all different sizes, all the targeting was at the chest.
“This was execution. This was utter execution and I’m asking the world what crime did my children commit? What danger did they pose for the Israeli army? I myself was there. Why didn’t they fire at me? Why didn’t they kill me and not let me see my children die in front of my eyes. My children, until now, I cannot get myself to realize there I was looking at them while they were dying.”
Factual findings
Goldstone’s team found Khalid and Kawthar Abd Rabbo to be credible and reliable witnesses. “It has no reason to doubt the veracity of the main elements of their testimony.” The mission also reviewed several sworn statements they and other eyewitnesses gave to NGOs about the incident and found them to be consistent with the account it received, according to the report.
Goldstone’s report notes that, in general, Izbat Abd Rabbo and the nearby areas of Jabal Al-Kashef and Jabal Al-Rayes saw some of the most intense combat during the military operations.
No perceived danger
The testimony of Khalid and Kawthar Abd Rabbo, however, shows that Israeli forces were not engaged in combat or fearing an attack at the time of the incident, the report states. Two soldiers were sitting on the tank in front of the family house and having a snack. “They clearly did not perceive any danger from the house, its occupants or the surroundings.
“Moreover, when the family, consisting of a man, a young and an elderly woman, and three small girls, some of them waving white flags, stepped out of the house, they stood still for several minutes waiting for instructions from the soldiers.”
“The Israeli soldiers could, therefore, not reasonably have perceived any threat from the group. Indeed, the fact that the gunfire was directed at the three girls and, subsequently, at the elderly woman, and not at the young adult couple, can be seen as further corroborating the finding that there was no reasonable ground for the soldier shooting to assume that any of the members of the group were directly participating in the hostilities,” Goldstone’s report states, finding “that the soldier deliberately directed lethal fire at Souad, Samar and Amal Abd Rabbo and at their grandmother, Hajja Souad Abd Rabbo.”
Goldstone’s report further states, that by preventing Sameeh Al-Sheikh from taking the wounded to the nearest hospital in his ambulance, Israeli forces deliberately aggravated the consequences of the shooting.
“The Mission recalls that the soldiers had forced Sameeh Al-Sheikh and his son to get out of the ambulance, undress and then redress. They therefore knew that they did not constitute a threat. Instead of allowing them to take the gravely wounded Samar Abd Rabbo to hospital, the soldiers forced Sameeh al-Sheikh and his son to abandon the ambulance and to walk towards Jabaliya.
Instructions given to Israeli forces: Low threshold for lethal force
The team found in the above incidents that “Israeli forces repeatedly opened fire on civilians who were not taking part in the hostilities and who posed no threat to them.” From that finding, the report extrapolated that the “incidents indicate that the instructions given to the Israeli armed forces moving into Gaza provided for a low threshold for the use of lethal fire against the civilian population.”
Goldstone found strong corroboration of this trend in the testimonies of Israeli soldiers collected by the Israeli NGO Breaking the Silence, and in the Protocol of the Rabin Academy’s “Fighters’ Talk.” These testimonies suggest in particular that the instructions given to the soldiers conveyed two “policies.” Both are an expression of the aim to eliminate as far as possible any risk to the lives of Israeli soldiers.
The first policy could be summarized, in the words of one of the soldiers: “if we see something suspect and shoot, better hit an innocent than hesitate to target an enemy.”
Another soldier attributed the following instructions to his battalion commander: “If you are not sure – shoot. If there is doubt then there is no doubt.” The first soldier summarized the briefing from the battalion commander as follows “the enemy was hiding behind civilian population. […] if we suspect someone, we should not give him the benefit of the doubt. Eventually, this could be an enemy, even if it’s some old woman approaching the house. It could be an old woman carrying an explosive charge.”
A third soldier explained “you don’t only shoot when threatened. The assumption is that you constantly feel threatened, so anything there threatens you, and you shoot. No one actually said ‘shoot regardless’ or ‘shoot anything that moves.’ But we were not ordered
to open fire only if there was a real threat.”
The report notes that some soldiers stated that they agreed with the instructions to “shoot in case of doubt.” One of them explained his profound discomfort with the policy and of how he and his comrades had attempted to question their commander after a clearly harmless man was shot. While they disagreed about the legitimacy and morality of the policy, they had little doubt about the terms of the instructions: each soldier and commander on the ground had to exercise judgment, but the policy was to shoot in case of doubt.
The second policy clearly emerging from the soldiers’ testimonies is explained by one of the soldiers as follows: “One of the things in this procedure [the outpost procedure, which is being applied in areas held by the Israeli armed forces after the Gaza ground invasion] is setting red lines. It means that whoever crosses this limit is shot, no questions asked. […] Shoot to kill.”
A soldier recounted one incident of the red-line policy: A family is ordered to leave their house. For reasons that remain unclear, probably a misunderstanding, the mother and two children turn left instead of right after having walked between 100 and 200 meters from their house. They thereby cross a “red line” established by the Israeli unit (of whose existence the mother and children could have no knowledge). An Israeli marksman on the roof of the house they had just left opened fire on the woman and her two children, killing them. As the soldier speaking at the Rabin Academy’s “Fighters’ Talk” a month later observes, “from our perspective, he [the marksman] did his job according to the orders he was given.”
Investigators also read testimony from soldiers who recounted cases in which, although a civilian had come within a distance from them which would have required opening fire under the rules imparted to them, they decided not to shoot because they did not consider the civilian a threat to them.
Legal findings: Direct assaults on civilians
According to Goldstone, the fundamental principles applicable to these incidents – cornerstones of both treaty-based and customary international humanitarian law – are that “the parties to the conflict shall at all times distinguish between the civilian population and combatants”452 and that “the civilian population as such, as well as individual civilians, shall not be the object of attack.”
Israel refers to the principle of distinction as “the first core principle of the Law of Armed Conflict.” It further states that “the IDF’s [Israeli army’s] emphasis on compliance with the Law of Armed Conflict was also directly incorporated into the rules of engagement for the Gaza Operation.” The principle of distinction was reportedly incorporated in the following terms: “Strikes shall be directed against military objectives and combatants only. It is absolutely prohibited to intentionally strike civilians or civilian objects (in contrast to incidental proportional harm).”
In reviewing the above incidents the mission found in every case that the Israeli armed forces carried out direct intentional strikes against civilians. In none of the cases reviewed were there any grounds which could have reasonably induced the Israeli armed forces to assume that the civilians attacked were in fact taking a direct part in the hostilities.
The team therefore finds that Israeli forces violated the prohibition under customary international law and reflected in article 51 (2) of Additional Protocol, that the civilian population as such will not be the object of attacks. This finding applies to the attacks on Amal, Souad, Samar, and Hajja Souad Abd Rabbo.
Not only are civilians not to be the object of attacks, they are also “entitled in all circumstances, to respect for their persons … protected especially against all acts of violence or threats thereof” (Fourth Geneva Convention, art. 27). Fundamental guarantees set out in article 75 of Additional Protocol I include the absolute prohibition “at any time and in any place” of “violence to the life, health, or physical or mental well-being of persons”. According to the facts presented to the mission, these provisions have been violated.
“The State of Israel would be responsible under international law for these internationally wrongful actions carried out by its agents,” the report states. “From the facts ascertained, the Mission finds that the conduct of the Israeli armed forces in these cases would constitute grave breaches of the Fourth Geneva Convention in respect of willful killings and willfully causing great suffering to protected persons456 and as such give rise to individual criminal responsibility.
“The Mission also finds that the direct targeting and arbitrary killing of Palestinian civilians is a violation by the Israeli armed forces of the right to life as provided in article 6 of the International Covenant on Civil and Political Rights.
“In most of the cases examined above, the Mission finds that the Israeli armed forces denied the medical emergency services access to the wounded civilians. …
“The Mission recalls that article 10 (2) of Additional Protocol I provides that ‘In all circumstances [the wounded] shall be treated humanely and shall receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition. …’ This provision enjoys customary international law status. The Mission is mindful that ‘the obligation to protect and care for the wounded … is an obligation of means.’
“It applies whenever circumstances permit. However, “each party to the conflict must use its best efforts to provide protection and care for the wounded, the report states, including permitting humanitarian organizations to provide for their protection and care.
“The facts ascertained by the Mission establish that in the incidents investigated the Israeli armed forces did not use their best efforts to provide humanitarian organizations access to the wounded. On the contrary, the facts indicate that, while the circumstances permitted giving access, the Israeli armed forces arbitrarily withheld it,” according to Goldstone’s final report.
“On this basis, the Mission finds a violation of the obligation under customary international law to treat the wounded humanely,” the report states. The conduct of the Israeli armed forces amounted to violations of the right to life where it resulted in death, and to a violation of the right to physical integrity, and to cruel and inhuman treatment in other cases, which constitutes a violation of articles 6 and 7 of the International Covenant on Civil and Political Rights.”
“No army, no prison and no wall can stop us”
Abdallah Abu Rahmah, The Electronic Intifada, 7 January 2010
To all our friends,
I mark the beginning of the new decade imprisoned in a military detention camp. Nevertheless, from within the occupation′s holding cell I meet the New Year with determination and hope.
I know that Israel’s military campaign to imprison the leadership of the Palestinian popular struggle shows that our nonviolent struggle is effective. The occupation is threatened by our growing movement and is therefore trying to shut us down. What Israel’s leaders do not understand is that popular struggle cannot be stopped by our imprisonment.
Whether we are confined in the open-air prison that Gaza has been transformed into, in military prisons in the West Bank, or in our own villages surrounded by the apartheid wall, arrests and persecution do not weaken us. They only strengthen our commitment to turning 2010 into a year of liberation through unarmed grassroots resistance to the occupation.
The price I and many others pay in freedom does not deter us. I wish that my two young daughters and baby son would not have to pay this price together with me. But for my son and daughters, for their future, we must continue our struggle for freedom.
This year, the Popular Struggle Coordination Committee will expand on the achievements of 2009, a year in which you amplified our popular demonstrations in Palestine with international boycott campaigns and international legal actions under universal jurisdiction.
In my village, Bilin, Israeli tycoon, Lev Leviev and Africa-Israel, the corporation he controls, are implicated in illegal construction of settlements on our stolen land, as well as the lands of many other Palestinian villages and cities. Adalah-NY is leading an international campaign to show Leviev that war crimes have their price.
Our village has sued two Canadian companies for their role in the construction and marketing of new settlement units on village land cut off by Israel’s Apartheid Wall. The legal proceedings in this precedent-setting case began in the Canadian courts last summer and are ongoing.
Bilin has become the graveyard of Israeli real estate empires. One after another, these companies are approaching bankruptcy as the costs of building on stolen Palestinian land are driven higher than the profits.
Unlike Israel, we have no nuclear weapons or army, but we do not need them. The justness of our cause earns us your support. No army, no prison and no wall can stop us.
Yours,
Abdallah Abu Rahmah
From the Ofer Military Detention Camp
Abdallah is a schoolteacher and nonviolent activist from Bilin. He is currently being held in an Israeli prison after he was arrested on International Human Rights Day, at 2am on 10 December 2009, by Israeli occupation forces.
Israel to raze 28 buildings in Nablus area
Nablus – Ma’an – Twenty-eight homes and agricultural buildings were issued demolition orders by Israeli military personnel on Wednesday, all located on the outskirts of Aqraba village southeast of Nablus, a Palestinian official said.
Ghassan Doughlas, who holds the Palestinian Authority’s settlement portfolio for the northern West Bank, said Israeli forces gave the farmers only 48 hours to evacuate their houses, clear out their farms and sheds before the orders were implemented.
Dozens of Palestinian farmers and their families live in the area, about five kilometers from the Gittit settlement and three kilometers from the Mekhora settlement, raising sheep and cattle as well as planting crops. The crops help sustain the local community, Doughlas said.
“Israeli forces issued this decision to protect the settlers only without taking into consideration the families who will be rendered homeless,” Doughlas added.
Among the families who received orders to evacuate their buildings were Zaid Mahmud Qassem Beni Manna, Hani Jameel Abdullah Beni Jaber, and Feras Khalil Beni Jaber.
Iran Running Out of Life-Saving Isotopes
By Thomas Erdbrink in Tehran | Spiegel Online | January 6, 2010
Trade sanctions imposed on Iran over its nuclear program are affecting treatment of people suffering from heart and kidney disease and various cancers. Some 850,000 patients are at risk because the country is running out of radioactive isotopes essential to radiotherapy.
Ruhollah Solook, 78, was dying before a donated kidney and complex radiotherapy saved his life. Recovering in an isolation room in Tehran’s oldest hospital, he expressed his joy in a telephone interview. “They saved my life already. I hope they will be able to cure me entirely now.”
But Solook’s treatment has become a race against time, as has that of 850,000 other Iranians suffering from heart and kidney disease and various cancers. Sometime after March 2010, the country will run out of technetium-99, a radioisotope crucial to the treatment of these diseases. Technetium-99 is currently produced locally in Iran.
“We recommend treatment with these products to hundreds of patients every month in our hospital alone,” said Dr. Gholamreza Pourmand, Solook’s physician. Technetium-99 is essential to radiotherapy, Pourmand said: “If we cannot help these people, some will die. It’s as simple as that.”
Rare and Precious
The impending shortage of technetium-99 is caused by the controversy surrounding the Iranian nuclear program. The sanctions imposed by the UN Security Council, aimed at moving Iran to halt its uranium enrichment program, are supposed to leave medical practice unaffected. In reality, however, Iran has become unable to procure a wide range of medical products. Body scanners cannot be imported from the US or the EU, since parts in these machines could also be useful to Iran’s nuclear program. An embargo on medical isotopes was introduced in 2007, in defiance of the medical exception clause touted as part of the trade sanctions, Iranian leaders said.
Isotopes are a rare commodity produced at only five sites worldwide. One of these, the High Flux Reactor in the Dutch town of Petten, currently accounts for 30 to 40 percent of worldwide production, but it is scheduled for retirement soon. Apart from the UN sanctions, so many restrictions — particularly American — on trade with Iran exist, that in practice nobody is willing to supply Iran with medical isotopes any longer.
Out of dire necessity, Iran now uses its 41-year-old research reactor in Tehran — originally constructed by the US — exclusively for isotope production, a job which used to take only a day a week. However, the reactor’s fuel, provided by Argentina in 1993, is quickly running out, the scientists said.
‘We Will Make Our Own’
Iranian leaders, including President Mahmoud Ahmadinejad, say that Iran might produce new fuel itself, which would prove a sensitive issue. Iran would need to enrich uranium up to 19.75 percent purity, which would not only be a gross violation of UN sanctions — it would also bring the country one step closer to the militarization of its nuclear program.
“We would prefer to buy the fuel as quickly as possible,” said Mohammad Ghannadi, vice-president of the Atomic Energy Organization of Iran (AEOI), sitting in his office in downtown Tehran. At his desk, Ghannadi had a bird’s-eye view of the experimental nuclear facility, the only functional reactor in Iran. Two chimneys on the facility belt out white smoke. “We can enrich on our own,” he said. “But we will run into technical difficulties. We also won’t be ready in time to help our patients.”
Iran’s dire need for the special fuel has led the UN International Atomic Energy Agency to put forward an unusual proposal, which might, if successful, build trust between Iran and other nations.
According to this proposal, the US would upgrade Iran’s old research reactor, and Russia and France would send the Persian nation 116 kilograms (256 pounds) of fuel. The IAEA, which already has the reactor under strict surveillance, would ensure it is not used for the production of nuclear armaments. In return, Iran would have to move most of its low-grade enriched uranium beyond its borders, leaving it with an insufficient stockpile for the production of weapons-grade uranium. Iran, however, has demanded firmer assurances that the promised fuel will actually be delivered. It also finds the time it would take to actually deliver the fuel — a year, according to the Iranians — too long.
“Every nuclear scientist understands that research reactors and medical isotopes have nothing to do with nuclear weapons,” Ghannadi said. One of his own family members recovered from breast cancer only recently with the help of medical isotopes generated in his reactor. “We’re talking about people here,” he noted. “If somebody falls ill, you give them medicine. Give us the fuel, and then we will cure the people.”
Desperate Phone Calls
It is not the first time Iran has fallen short of medical isotopes. When foreign imports came to an abrupt halt in 2007, the Iranians also tried to make their own. “But we were late,” one of Ghannadi’s assistants recalled. Patients went untreated for two months. “We got hundreds of phone calls a day. Government officials, hospitals and even patients called us asking for help,” he said.
In Tehran’s Shariati hospital, one of 120 medical facilities in Iran where nuclear technology is employed, patients are lined up waiting to use a decrepit German body scanner. In 2007, dozens of people would also wait here for treatment that didn’t come, recalled Moshen Saghari, a nuclear science professor.
“When the West talks of human rights in Iran, it should not forget about our patients,” said the doctor, a graduate of a prestigious American university. “The country that taught me everything I know is now preventing me from using that knowledge in Iran. Quite ironic.”

