Israeli President, Shimon Peres, speaking to AIPAC at annual conference today.

Israeli President, Shimon Peres, flew to the United States to give a speech at the 2009 AIPAC (American Israel Public Affairs Committee) annual conference in Washington DC Monday and to meet with President Obama Tuesday at the White House.  YouTube already has a video of his speech.

Although George Mitchell, Special Envoy to the Middle East who was appointed by President Obama and Secretary of State Hillary Clinton has met with Israeli officials, this will be the first meeting between President Obama and a high ranking official from the newly established Israeli government under Prime Minister Benyamin Netanyahu which is considered ’right-wing’.

 AIUSA asked President Obama to raise the issues of increasing settlement expansion in the West Bank and the eviction of Palestinian families and demolition of homes in east Jerusalem.  Despite repeated U.S. statements condemning the demolitions and settlement expansion in the Occupied Territories, settlement expansion and demolitions continue.  Settlement building/expansion, evictions and demolitions in occupied territory are also illegal under international law.

Demolitions in east Jerusalem have increased dramatically in the last two years with wide swathes of land slated for demolitions.  Settlement expansion which has been in the works for some time is now being given the green light by newly elected government officials. 

Obama has also been asked to follow up on recent events in Gaza.  Despite statements by Sec’y Clinton that goods and humanitarian aid is getting into the Gaza Strip, other sources such as the U.N. and other monitors on the ground continue to report excessive restrictions which continue to keep out spare parts for medical equipment or equipment needed to rebuild, such as bulldozers.

We’ve also asked that Obama urge Israel to cooperate with the investigation being conducted by the team created by the United Nations Human Rights Council and under the leadership of Justice Richard Goldstone, a highly respected war crimes prosecutor.  Justice Goldstone has stated that he will be investigating the allegations of human rights abuses by all parties involved in the conflict.  The team is currently meeting in Geneva to organize and outline their investigation into war crimes committed during the Gaza crisis.  The government of Israel has publicly stated that they do not plan to cooperate with the team.

Even though the two leaders will be focused on the peace process, human rights are directly linked to any workable resolution.  Both parties must respect the basic human rights of each other and the United States must play a key role in getting all the  parties involved to recognize this basic tenet.

UPDATE May 6, 2009: Video covering comments made at AIPAC conference and responses.

Amnesty International USA (AIUSA) received a number of letters about our recent action asking the State Department why they allowed a massive shipment of arms to Israel despite clear evidence of Israel violating international law during the recent Gaza conflict.  We thought it might be useful to publish anonymously some of these letters, along with our response, so readers could better understand why we’re promoting such an action.

I think Amnesty International also needs to determine if arms shipments to Israeli may be a response to the ongoing policy of Hamas. The policy includes provocative shelling of Israeli communities and an avowed position calling for destruction of Jewish State.

Surely a more moderate coalition of Palestinian interests would be a step toward a more stable two-state solution for Israelis and Palestinians.

It would be a far better policy choice than random shelling of Israeli communities and incidental suicide bombings  within Israeli borders  to disrupt the peace process and give a poltical edge to hardliners within Israel.

Those who have supported the work of Amnesty International expect more even handed and less partisan posturing in this delicate situation.

As an organization that promotes the respect of internationally recognized human rights laws and principles, AIUSA believes it is critical to address violations by all parties to the conflict.  As such Amnesty International’s International Secretariat (IS), the part of Amnesty that is engaged with most of the investigative research, has repeatedly condemned both parties to the recent conflict in Gaza for violations or abuses of human rights.    For an example of an Amnesty report on Hamas, please see: “Hamas waged a deadly campaign as war devastated Gaza dated February 12, 2009“.

Since AIUSA is the U.S. section of Amnesty International, we have a special duty to ensure the U.S. government is promoting the respect of human rights when it provides arms and other military equipment to Israel and other fighting forces around the world. Amnesty’s investigative research uncovered significant evidence that Israel violated international humanitarian law during the recent conflict in Gaza, which is why we are asking Secretary Clinton to explain why and under what conditions she approved the recent delivery of tons of weapons to Israel.

What is the history of A.I. regarding the acts of terrorism against Israel for the past 60 years?

You can find statements, reports and actions on Israel/Occupied Territories here and here.

Where can I find the report about Israel’s use of white phosphorous?  This email makes it sound like it is certain that these chemicals were used: I need to see the report because the speculation has not been proven elsewhere as fact.

Our report Foreign Arms Supplies To Israel/Gaza Fueling Conflict includes evidence of the use of white phosphorous during the most recent conflict in Gaza.

I would like to know what advice Amnesty International would provide to the United States if the United States were to unilaterally reverse the Gadsden Purchase <http://en.wikipedia.org/wiki/Gadsden_Purchase> and return this land to Mexico, and then Mexico were to use this returned land to launch missiles, several times a day, on Phoenix and other nearby cities, and if this behavior continued for several years, and if the missiles were launched from population centers, including hospitals and elementary school yards.

California, Texas, and other southwestern states were once part of Mexico and are now part of the United States, and some people may view this as a historic wrong perpetrated by the United States against Mexico. But this would not cause right-thinking people to think that Mexican terrorist groups should be allowed to continue their murderous missile attacks against the United States.

If all this were happening, I think at some point the United States might conclude that there was no choice but to invade Mexico to stop the missiles.

So, by all means, continue to spotlight human rights abuses anywhere in the world, including those perpetrated by Israel, but a little context, please. Israel does not kill Palestinians for pleasure. With respect to Israel’s late 2008 invasion of Gaza, Israel used more care in avoiding civilian casualties than just about any other country in the world has ever done. (I challenge Amnesty International to identify any other invasion by any other country that faced similar challenges of rooting out multiple missile launch sites from population centers, and achieved any bit of this objective, with a smaller impact on non-combatants.)

The fact that civilians were killed and injured is attributable not to Israel, but to the abuse of human rights on the part of Hamas and other terrorist groups that choose to locate their missile launch sites in the most sensitive population centers.

(In contrast, Israel locates its military sites far from population centers, so that attackers can attack Israel’s military sites without fear of harming civilians. But those who attack Israel always go for maximum Israeli civilian deaths and ignore Israel’s military sites.)

By not providing any context and placing all of the blame on a party that responded to years of extreme provocation, Amnesty International is marginalizing itself among many knowledgeable, compassionate people, Jews and Gentiles alike, in the United States and around the world.

As the UN Charter enshrines, governments have a clear right and duty to defend itself and its citizens and residents.  It is in when governments fail to respect international humanitarian or human rights law that Amnesty raises concerns.  In the most recent conflict in Gaza, it was clear that in some cases the Israeli military did not take the necessary precautions to avoid civilian causalities.  Responding specifically to the example you have raised, it is quite true that Hamas has launched missiles from civilian/residential areas.  It, however, is also true that it is Hama’s modus operandi to leave the area within a minute of shooting the rocket.  Thus, when the Israeli military launched attacks on these areas two hours after Hama launched the rockets, there were only civilians in the area.

I have no problem with the arm shipments to Israel,. That is a sovereign nation protecting themselves from an outside force that keeps attacking it to “push them into the sea”.

I do have a problem with AI lack of outrage and letter writing on the genocide of the Tamil people in Sri Lanka.

Tons of weapons are being shipped to that govt. and an ongoing genocide is happening right now in that country every minute…A sovereign government that is killing, maiming and starving their own citizens.!!! and your organization does not show much outrage.. and doesn’t make it a AI alert..

For as long as the conflict in Sri Lanka has been going, Amnesty has been raising concerns about both parties to conflict. Outside of arms transfers to Israel and Sri Lanka, you should also be aware that Amnesty has written reports and pushed for changes on arms transfers to many other countries such as Burma, Democratic Republic of Congo, Somalia, Sudan, and Zimbabwe.

Although the UN initiated a Board of Inquiry into allegations of war crimes in Gaza, Dion Nissenbaum, Jerusalem Bureau Chief for McClatchy news company, says

 ”I’m not sure what impact this UN report is going to have.” He continues to explain, “I think the only thing that the Israeli government will look at is reports from Israeli soldiers. Israel has always been skeptical of the United Nations, the international press, and they are certainly skeptical of what comes out of the Palestinians.”

Stories from members of the Israeli forces came out recently and created a firestorm of discussion within Israel about accusations which had already been levelled by human rights organizations such as Amnesty International, Human Rights Watch, the international media and other NGO’s working in the area.  These stories from the soldiers were given more credit than all the evidence presented from outside sources.

Sadly, these stories were discounted out of hand by investigators and the IDF investigation has been closed already saying the stories by the IDF members were based on ‘hearsay’.

So will there ever be justice for the victims of the human rights violations that took place during the Gaza crisis?

Amnesty Int’l has been calling for an independent, impartial international inquiry into human rights violations by all parties involved be undertaken from the beginning and has said that the UN inquiry is insufficient in that it only looks into attacks on UN personnel and facilities.  Other human rights groups are also calling for an independent inquiry and look on the IDF’s eagerness to close the investigation into the IDF members’ stories as questionable:

“the speedy closing of the investigation immediately raises suspicions that [it] was merely the army’s attempt to wipe its hands of all blame for illegal activity…”

UPDATE (April 3, 12:10pm):  The UN Human Rights Council announced today that the former chief prosecutor of two criminal tribunals, Richard J. Goldstone will lead a probe into allegations of war crimes committed during Gaza crisis between December 27th, 2008 and January 18th, 2009 by all parties involved.  This investigation is separate from the UN Board of Inquiry created by the UN Security Council which was formed to look into specific attacks on UN personnel and facilities in Gaza.

Hermes 450 unmanned drone used by Israel.

The Guardian website posted three incredible videos March 23rd by Clancy Chassay, Christian Bennett, Sarah Brodbin, Maggie O’Kane and Mustafa Khalili.  The Guardian team conducted their own investigations into some of the charges that Israel committed war crimes during the Gaza offensive.

The first video covers the use of precision weapons, many fired by unmanned drones, to attack civilians.  Amnesty International mentioned these drones in their report ‘Fuelling conflict: Foreign arms supplies to Israel/Gaza’.  The fact that these unmanned drones are used to attack as well as surveillance is a fact usually censored by the IDF on Israeli reporters and foreign reporters based in the region.

The second video deals with allegations by both sides of human shielding.  Amnesty issued a report on how both Israel and armed Palestinian groups, including Hamas, were using military tactics that endangered civilians.  Chassay also mentions the deadly campaign that Hamas undertook during the crisis to injure and kill ‘collaborators’ and political opponents which Amnesty also investigated.

The third video shows footage of attacks on medical personnel while trying to tend to wounded and attacks on hospitals and medical facilities.  Amnesty also covered this issue in the blog, LiveWire and in a report.  [Donatella Rovera, senior researcher for AI on Israel and the Occupied Palestinian Territories, posted blog entries while on the fact finding mission to southern Israel and the Gaza Strip.]

(Originally posted on Daily Kos)

The top dogs of international justice and reconciliation today called on UN Secretary General Ban Ki-moon and UN member states to set up a UN commission of inquiry into the Gaza conflict, adding a powerful voice to extend the current insufficient investigation beyond attacks against UN facilities.

The impressive group of signatories surely knows what they are talking about: they are the world’s top investigators and judges, having worked on transitional justice issues in countries like Rwanda, the former Yugoslavia, Sierra Leona and South Africa – among others. Signatories include Richard Goldstone, Mary Robinson and Desmond Tutu.

In their letter they identify a key issue of why a proper investigation is so important, and how it will ultimately help to prevent future violence:

Without setting the record straight in a credible and impartial manner, it will be difficult for those communities that have borne the heavy cost of violence to move beyond the terrible aftermath of conflict and help build a better peace.

A prompt, independent and impartial investigation would provide a public record of gross violations of international humanitarian law committed and provide recommendations on how those responsible for crimes should be held to account. We have seen at first hand the importance of investigating the truth and delivering justice for the victims of conflict and believe it is a precondition to move forward and achieve peace in the Middle East.

Additionally, I want to add one point: in setting the record straight, it will be possible to assign individual responsibility for the crimes committed, as opposed to group responsibility, a further key requirement to prevent further conflict.

If anyone can explain to me why attacks against UN installations, like the UN compound in Gaza City, by Israeli forces are worth investigating, while attacks against civilians and civilian infrastructure in both Gaza and Southern Israel are ignored – please go ahead. And if you agree with me on the importance of this issue, support the call for full accountability.

PS: Thanks to Crisis Action for initiating this letter!

Tristan Anderson Photo: www.activestills.org

Tristan Anderson, a 37 year old American, was shot in the head by Israeli forces with a high velocity tear gas canister while participating in an on-going protest of the wall being built illegally by Israel in the West Bank town of Ni’ilin.  Another Ni’ilin villager was also shot.

Four residents of Ni’ilin, including children, have been killed while protesting the confiscation of their land in the recent past.

[Note:  In 2004, the International Court of Justice found all parts of the wall being built on Palestinian land illegal and that these portions should be removed.  Instead the GOI continues to build the wall on occupied territory - including this portion in Ni'ilin.]

According to the IDF, the protestors were ‘endangering security forces’.  According to eyewitnesses, the IDF were stationed on a hill overlooking the protest and the protest had already begun to disperse when a tear gas canister was fired directly at people.  Tristan was not near any stone throwers or throwing stones himself.

A fellow protestor from Sweden said she could see Tristan’s brain when she went to provide aid and that medical personnel and the ambulance was detained outside the village by the IDF, but were finally allowed to pass and tend to Tristan.  The video below shows the paramedics when they arrive on the scene, clearly marked, while the IDF continues to fire tear gas canisters directly at the medics, the wounded and those trying to help.

WARNING: Video provided has some gruesome footage towards the end.

This Monday, March 16 2009 marks the 6th anniversary of the death of another US citizen, Rachel Corrie, who was crushed by an American made Caterpillar bulldozer while trying to negotiate with the driver not to destroy the home of a Palestinian pharmacist in the Gaza Strip.  She was 23 years old.

UPDATE (March 13):  Orly Levi, a spokeswoman at the Tel Hashomer hospital in Tel Aviv, tells Ha’aretz:

He’s in critical condition, anesthetized and on a ventilator and undergoing imaging tests,” She described Anderson’s condition as life-threatening.

Israeli activist Jonathan Pollack told Ynet:

“… the firing incident took place inside the village and not next to the fence. There were clashes in the earlier hours, but he wasn’t part of them. He didn’t throw stones and wasn’t standing next to the stone throwers.”

“There was really no reason to fire at them. The Dutch girl standing next to him was not hurt. It only injured him, like a bullet.”

UPDATE (March 13 11:50pm): Tristan is sedated and in surgery, being seen by an ophthalmologist, and will likely be in surgery for some time.

UPDATE (March 14  7:42pm:  Tristan’s girlfriend, Gabrielle Silverman, talks of trip to hospital and Tristan’s condition on Bay City News and KTVU.

Note: Friends of Anderson will hold a demonstration on Monday at 4 p.m. at the Israeli Consulate, located at 456 Montgomery St. in San Francisco.

UPDATE (March 15):  Photo of the new tear gas canister type (with propeller) that hit Tristan Anderson.  Photo from www.palsolidarity.org website.

UPDATE (March 15):  A public statement by the parents of Tristan and articles written by Tristan can be found at the San Francisco indymedia website.

BACKGROUND INFO:

More information on the two Palestinian minors/children killed in 2008 by IDF in Ni’ilin from www.btselem.org:

Yusef Ahmad Yunes ‘Amira
17 year-old resident of Ni’lin, Ramallah and al-Bira district, injured on 30.07.2008 near the Separation Barrier in the area of Ni’lin, Ramallah and al-Bira district, by gunfire, and died on 04.08.2008. Did not participate in hostilities when killed. Additional information: Died after being critically wounded during a confrontation with soldiers and Border Police.

10 year-old resident of Ni’lin, Ramallah and al-Bira district, killed on 29.07.2008 in Ni’lin, Ramallah and al-Bira district, by gunfire. Did not participate in hostilities when killed. Additional information: Killed when taking part in a procession against the Separation Barrier in Nil’in.

On September 23, 2008 a Jerusalem Post article ran about an incident where tear gas was used against a European Union official and delegation when he was visiting Ni’ilin.

UPDATE (March 23, 2009 2:30pm est):  According to Ma’an News Agency, Israeli troops beat some activists and journalists who were gathered for a press conference by Tristan Anderson’s parents in an east Jerusalem neighborhood.

UPDATE (April 17, 2009 12:00pm est):  A Palestinian man was killed by Israeli forces in Bi’lin, West Bank by the same tear gas canister type that had critically injured American Tristan Anderson only a month ago during a protest.

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.