Senator Jon Kyl (R-AZ) yesterday withdrew his controversial amendment that would have discriminated against Palestinian refugees from Gaza. The amendment was reportedly based on internet rumors and triggered strong opposition both on the hill and from human rights organizations and activists, led by Amnesty International USA. Thanks to everyone who took action!

Should Palestinians from Gaza be treated differently under US refugee law? According to Senator Jon Kyl (R – AZ), the answer is yes.

A Palestinian boy pours water into a dish for a woman as she sits on the rubble of her home in Jabalia in the northern Gaza Strip , March 6, 2009. (c) MOHAMMED ABED/AFP/Getty Images

Last Friday, Senator Kyl introduced an amendment to the Omnibus Appropriations bill, which adds the following line to page 942: “None of the funds appropriated or otherwise made available by this Act may be made available to resettle Palestinians from Gaza into the United States.” This amendment comes after a time of conflict, which sharply deteriorated the existing humanitarian situation in Gaza.

Contrary to a policy of 30 years, which extends protection to refugees on the basis of need, this amendment seeks to discriminate against an entire group based on nationality alone. Any refugee deemed in need of third country resettlement who meets the criteria of the US refugee program and the security protocols of the Department of Homeland Security should have access to our program irrespective of his or her nationality, ethnicity, or religion.

A vote on the amendment is expected tonight or tomorrow morning! Right now we are contacting Senators offices and gathering NGO signatures for a joint letter to urge them to vote against this discriminatory legislation. Add your voice now.

Lancet, a British public health journal, released yesterday a series of reports entitled Health in the Occupied Palestinian Territories which examine the health situation in the West Bank and Gaza. The five reports cover the status of health in the OPT, maternal and pediatric health, common diseases, health as a security issue, and a health-care system assessment for the occupied Palestinian territories and take into consideration issues such as security, the availability of resources, the various conflicts between Israel and Palestinian organizations, the blockade of Gaza, and the occupation of Israeli troops. The series was compiled as a joint effort by health scientists in the OPT, together with help from WHO, associated UN agencies, and academic institutions in the USA, UK, Norway, and France.

It makes claim that the security threats to the region originate, at least partially, in constraints imposed by Israel such as checkpoints and border closings which prevent access for patients and medics, create a shortage of medical supplies, and “affect every aspect of Palestinian life, such as the ability to travel, work, marry, study, worship, and be with family…[thereby] compromis[ing] the social determinants of health by increasing social exclusion, unemployment, and creating barriers to food, social support and transport.

The reports also discuss how the armed conflicts in the area have negative mental health impacts in children. Studies done even before the recent conflict illustrated the traumatic effects that witnessing brutally violent acts can have on children, resulting in “behavioral problems, fears, speech difficulties, anxiety, anger, sleeping difficulties, lack of concentration at school, and difficulties in completing homework. In order to solve the health crisis in the region, the series calls for a just political and economic solution, claiming that if international laws were respected and enforced, they could “protect Palestinians from insecurity

The full series can be found at www.thelancet.com(free registration is required).

Gisha, Legal Center for the Freedom of Movement, an Israeli non-profit organization, produced this powerful animated short, ‘Closed Zone’.   They tapped the talent of Yoni Goodman, the animator of the award winning animated film ‘Waltz with Bashir’:

You can also watch the short video on the making of ‘Closed Zone’.

In the meantime, Secretary of State, Hillary Clinton is in the Middle East committing $900 million in aid to the Palestinians.  The issue remains how the aid being purchased is to make it into the Gaza Strip to the people that need it.  Secretary Clinton urged the Israeli government to allow more aid into the strip, but stopped short of asking for full, unhindered access.  Israel, as a gesture, has agreed to let more aid in.  Over 80% of the 1.5 million depend on aid from outside sources and the 100+/day trucks being allowed in are simply not enough to deal with the incredibly dire humanitarian situation.

Yesterday, the U.S. State Department leaked an upcoming pledge of $900 million to reconstruct Gaza and support the Palestinian Authority.  No money will pass through Hamas but will be filtered through non-governmental organizations.  I applaud this assistance but question the effectiveness of aid without negotiations and opening the borders.
Daniel Levy, a senior fellow at the Century Foundation and an Israeli citizen, wonders whether money will pass into Gaza at all:

“The next step is opening the border crossings, and that requires more than just signing a check.”

The irony, of course, is that the US is supplying aid to victims of US made weapons.  The U.S. has been trading arms with Israel while donating to Palestinian reconstruction.  In fact, the Obama administration has continued Bush’s pledge of $30 billion in military assistance to Israel over the next 10 years.   There are no investigations into whether US weapons were used in the recent conflict to harm civilians.  And given that the US refuses to speak to the governing power in Gaza,   who, then, can be held accountable?  And how?
These structural obstacles to the $900 million pledge present a challenge for the Obama administration.  Levy goes on to analyze this:

“There are structural flaws – not least, that Israelis and Palestinians cannot negotiate the core issues alone and need an outside broker and that Palestinian statehood cannot be incubated under Israeli occupation. The very structure of the peace process has become a disincentive for peace itself. There now exists an opportunity to do away with the illusion, even if the danger also exists that events may take a more violent, confrontational and bloody turn.
A different approach would require the US conducting back-to-back talks with the Israeli side and with a Palestinian (or Palestinian plus Arab states) interlocutor, in which one attempts to address the key legitimate needs and concerns of each party. It will be the role of the US and international partners to produce a proposal and implementation plan.”

That’s not to say that aid is not needed:

“Two separate Palestinian surveys have put the cost of the damage at just under $2bn.” – the BBC reports.

But maybe the problem’s too big for a check—no matter how large or generous-to fix.  Nonetheless I am cautiously optimistic about this overture from the US and I hope the US follows up by pressing Israel to open up the borders so that aid can enter without hindrance.

Co-written by Zahir Janmohamed and Ally Krupar

The report states that Israeli forces used white phosphorus and other weapons supplied by the USA to carry out serious violations of international humanitarian law, including war crimes. Their attacks resulted in the death of hundreds of children and other civilians and destoyed homes on a massive scale while Hamas and other Palestinian armed groups fired hundreds of rockets that had been smuggled in or made of components from abroad at civilian areas in Israel. The report points out that although far less lethal than the weaponry used by Israel, such rocket firing also constitutes a war crime and caused several civilian deaths.

Bomb shelter in Sderot, Israel in Dec. 2008. www.activestills.org

Of course the the Gov’t of Israel and Hamas have both rejected the findings of the report with their own justifications for their actions and wide, sweeping statements against Amnesty International methodology.  [Watch for future blogs addressing the responses.]

The report takes a closer look at white phosphorous but also documents how US made shell fragments were found throughout Gaza including by the American School in Gaza, homes, playgrounds, hospitals.   The misuse of flechettes, artillery and mortars, DIME (Dense Inert Metal Explosives) and tank ammunition is also included. The report documents the use of US made missiles in the killing of civilians, including an incident where an AGM 114 Hellfire missile produced by Hellfire Systems of Orlando, killed three paramedics and a child.

The team also documented the use of a new type of missile, apparently launched from unmanned drones, which explodes tiny sharp-edged metal cubes which can penetrate thick metal doors and maximize injury.  These missiles have killed a 13 year old girl asleep in her bed, three primary school-age boys carrying sugar cane, two young women on their way to a shelter, a 13 year old boy on his bicycle, eight secondary school students waiting for the school bus, and entire family sitting in the courtyard of their home and many others.

The report points out that for many years the USA has been the major supplier of conventional arms to Israel and has a 10-year agreement (to 2017) in which the USA is due to provide $30 billion in military aid to Israel, a 25 percent increase compared to the period preceding the Bush administration. Based on the US being the major supplier of weapons to Israel, the USA has a particular obligation to stop any supply that contributes to gross violations of the laws of war and of human rights. And based on the evidence gathered showing a direct link to US made weaponry used against civilians, the Obama Administration should immediately suspend US military aid to Israel.

There’s too much information in the report to include in one blog post.  The report has also gained a lot of attention overseas in such non-English publications as El Pais, Le Monde , Diario Portugal, El Mundo as well as responses from the Government of Israel and Hamas officials.  Look for more posts on this subject to come.

In the first congressional visit since Hamas was elected in 2006, Representative Brian Baird from Washington, Rep. Keith Ellison from Minnesota and Senator John Kerry visited Gaza yesterday.  They witnessed and reported the devastation of the population and the dire need of humanitarian assistance.  Rep.  Ellison, Middle East and South Asia Subcommittee member and the first Muslim congress member, stated that:

People, innocent children, women and non-combatants, are going without water, food and sanitation, while the things they so desperately need are sitting in trucks at the border, being denied permission to go in – Rep. Ellison.

Aid is slowed by the blockade as Palestinians rebuild.

None of the men toured the area as representatives of the Obama administration and all refused to meet with Hamas, but they opened up a dialogue between American lawmakers and Gaza residents.  Rep. Baird “wanted to witness the situation on the ground” and helped Palestinian aid workers highlight the humanitarian crisis to the BBC.  Sen. Kerry, on the other hand, emphasized the problems with Hamas leadership, while touring a bombed out American school:

…Your political leadership needs to understand that any nation that has rockets coming into it over many years, threatening its citizens, is going to respond – Sen. Kerry.

As lawmakers balance the politics of Hamas and Israeli interests, the Palestinian people are left with the shocking humanitarian devastation, 5,000 home destroyed, 1,300 lives lost, and over 5,000 injured.  More pointedly, Rep. Braid describes:

The amount of physical destruction and the depth of human suffering here is staggering. Entire neighborhoods have been destroyed, schools completely leveled, fundamental needs such as water, sewer, and electricity facilities have been hit and immobilized. Relief agencies, themselves, have been heavily damaged. The personal stories of children being killed in their homes or schools; of entire families wiped out, and relief workers prevented from evacuating the wounded are heart wrenching. What went on here? And what is continuing to go on, is shocking and troubling beyond words. – Rep. Baird.

Israeli army ‘using white phosphorus’ – 12 January 2008

White phosphorus, often supplied by the US, has accounted for approximately 100 deaths and injuries in Gaza, as of February 3.  The pain of the burns alone frequently leads to death.   The questions remain, did Israel use white phosphorus on civilians in violation of international law and if so, who supplied them with it?

According to many eye-witness accounts and investigations, for example, the Israeli military systematically fired White Phosphorus munitions, including those made by the United States, over or near heavily populated areas of Gaza, killing and injuring scores of civilians and damaging residential buildings. […] More investigation needs to be done to determine whether Israel used U.S. weapons to violate international law and thus not a legitimate use of force, there is an overwhelming amount of evidence that suggests Israel has violated international law.  – Amnesty International.

The evidence leads to a question of the structure of arms trade between the U.S. and any country, but especially where U.S. weapons have been used against civilians.  In the following video, U.S. citizens in Pine Bluff, Arkansas, react to the Pine Bluff Arsenal’s exclusive production of white phosphorus weapons.

Following the White Phosphorus Trail

On February 12, 2009, UN Secretary-General Ban Ki-Moon announced that a UN Board of Inquiry had begun its work “to review and investigate a number of specific incidents that occurred in the Gaza Strip between 27 December 2008 and 19 January 2009 and in which death or injuries occurred at, and/or damage was done to, United Nations premises or in the course of United Nations operations.”

While the UN has legitimate reason to be concerned about attacks on UN sites–including the Israeli attack on a UN school, the UN should expand its investigation to examine a broader range of possible war crimes, not just those directed at UN facilities or staff.

In other news, the fighting eslcalated again, with fresh Israel attacks on tunnels in Gaza that Israel says Palestinians use to smuggle weapons. Palestinians insist that the tunnels are the only way to permit food and supplies to enter, given the harsh blockades by Israel even on humanitarian assistance into Gaza. The BBC also reports that Israel “claimed” 425 acres of West Bank land, a possible indication of pro-settler policies by the new Israeli government.

The BBC reports:

…a leading Israeli newspaper says the Israeli civil administration in the West Bank has designated an area of 172 hectares (425 acres) as state land.

Haaretz says the decision could pave the way for some 2,500 new settlement homes to be built.

However, several steps of government approval are required for building work to begin, which the newspaper says means construction is still a long way off.

Israeli has pledged to freeze settlement activity on occupied land, but it has continued to expand existing settlements, built in defiance of international law since 1967.

Right-wing parties which fared well in Israeli elections on 10 February are strong supporters of the settlement movement, which is seen as a major obstacle to the two-state solution supported by the US.

Almost two weeks ago Donatella Rovera, AI researcher posted an entry ‘Task of reconstruction will be truly immense’ during her mission to southern Israel and the Gaza Strip.

This 20 year veteran stated how she and her team were “shocked” and “horrified” at the scale of destruction found and that although prepared for devastation, what they “found was even worse than we had first realized”.

United Nation’s satellite imagery taken of northern Gaza shows widespread and intense damage to buildings, infrastructure and impact craters. Although over 1500 buildings, roads and structures have been damaged, UNOSAT notes that other structures may be damaged or unstable as well, and that estimates of damage are probably an under-estimate because of the difficulty in assessing damage to dense urban areas.

To date, the US has provided nearly $60 million in humanitarian aid like water, food, medicine and plastic sheeting. The cost of damage has been assessed to be more than 2-3 billion dollars

According to the UN Office of Humanitarian Affairs, crossings continue to be closed intermittently and imports greatly restricted. Exports are still not allowed.

The following audio clip offers a dire insight into the difficulties into getting humanitarian aid into the Gaza Strip after the ceasefire:

A little over a week ago and two weeks after the ceasefire (and audio above), the European Union approached Israeli officials concerned that they “have not witnessed much improvement of the overall restrictions.”

Amnesty International along with other organizations including the United Nations continue to request that all the crossings into the Gaza Strip be opened to allow unhindered access for humanitarian aid and workers. Thousands remain homeless, requiring basic essentials such as food, water, mattresses, blankets and medicine. The grand task of trying to re-build can also not take place when simple reconstruction materials like concrete and plastic are not being allowed in.

Proper monitoring procedures can be put into place to guarantee aid is not going to Hamas authorities, but are properly being utilized. The bottle necks of aid at the crossings are unnecessary and continuing to hurt the victims of the attacks on Gaza from Dec. 27 – Jan. 18th. UNRWA has already shown their ability in guaranteeing the proper carrying out of its function when they stopped aid distribution after Hamas confiscated UNRWA supplies. The supplies were returned and guarantees were made by Hamas that no other confiscations would take place and UNRWA re-started their operations

No more excuses. Open the crossings now.