Will victims of Gaza tragedy ever find justice?

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.

The Guardian 'Gaza War Crimes Investigation' – 3 videos

Hermes 450 unmanned drone used by Israel.

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.]

New Amnesty report calls for comprehensive arms embargo on Israel and Hamas

Amnesty International released a report today ‘Fuelling conflict: Foreign arms supplies to Israel/Gaza’ calling for a comprehensive arms embargo on both Israel and Hamas.  Amnesty researchers during their fact finding mission in Gaza found both Israel and Hamas used weapons supplied from abroad to carry out attacks on civilians.

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.

Al Jazeera Video on AI Mission

In a moving story on Al Jazeera English, Amnesty International researcher Donatella Rovera walks through a bombed out home in Gaza and discusses how AI has found evidence that Israel fired into civilian areas.

Amnesty International has called upon the US to investigate possible war crimes committed by Israel and Hamas.

In other news, the UN has halted aid after it learned that supplies were seized by Hamas.  Meanwhile Arab TV stations have reported that a Lebanese ship carrying aid was fired upon by Israel. The Guardian reports:

A Lebanese boat said to be carrying ­humanitarian aid but which Israel claims is carrying activists, has been intercepted by the Israeli navy on its way to the Gaza Strip.

Reporters from the Arab TV stations al-Jadeed and al-Jazeera, who were on the vessel, said the Israelis fired at the ship before boarding it and beating the crew. The journalists said they were unable to show pictures of the incident as the Israeli force smashed their broadcast equipment.

At the moment, an estimated 80% of Palestinians in Gaza depend on UN assistance for food.

Sri Lanka: 52 Civilians Killed

Disheartening isn’t the word for it; it’s worse than that. It had been bad enough to hear of 9 civilians being killed and 20 injured last Sunday and Monday by shelling in the war zone in northern Sri Lanka. This morning, over my coffee, I learned from the UN that 52 civilians were killed by shelling in just one day yesterday. The UN said it didn’t know who was responsible for the shelling. According to the UN tonight, the hospital in the war zone that had been bombed repeatedly over last weekend is now empty; all the staff and patients have fled. According to the Red Cross, the patients have been moved to a community center in an area that lacks clean drinking water.

Yesterday’s shelling included a cluster bomb attack. Cluster bombs scatter dozens of bomblets over a wide area, some of which usually fail to explode, posing a lasting threat to civilians. Cluster bombs have been banned by the Convention on Cluster Munitions, since they’re indiscriminate weapons (Sri Lanka, though, hasn’t signed the Convention).  Amnesty International said today that the use of cluster bombs in yesterday’s shelling was “despicable.” The Sri Lankan government has said that it wasn’t responsible for yesterday’s shelling and that it doesn’t have cluster bombs.

The world is taking greater notice of the civilians at risk in Sri Lanka’s war zone. On Feb. 3, Secretary of State Hillary Clinton and U.K. Foreign Secretary David Miliband issued a joint statement calling on both the Sri Lankan government and the rebel Tamil Tigers to allow civilians to leave the conflict area and to grant access for humanitarian agencies. That same day, Norway, Japan, the US and the EU issued a joint statement asking both sides to declare a temporary ceasefire to allow evacuation of the wounded and aid to the civilians remaining in the area. Today, Pope Benedict XVI publicly appealed for an end to the fighting.

The forces targeting the civilians or engaging in indiscrimate attacks should remember that they’re committing war crimes, for which they may one day be held accountable. Before that day, let’s hope that both sides heed the statements from the international community and immediately take steps to protect the civilians at risk.

Researching Allegations of War Crimes in Israel and Gaza

Following the outbreak of the recent conflict in Gaza and southern Israel on December 27, 2008 and then Israel’s ground invasion of Gaza on January 3, Amnesty International delegates traveled to the region on January 8. There, they began to research allegations of war crimes and others serious violations of international law by Israel, Hamas and other Palestinian armed groups.

This video is about the preliminary findings of our fact-finding team in Gaza.

UN Should Investigate War Crimes

Last week, the UN passed a binding resolution calling for “an immediate, durable and fully respected ceasefire leading to the withdrawal of Israeli forces from Gaza.” Resolution 1860 also calls for “the unimpeded provisions and distribution throughout Gaza of humanitarian assistance, including of food, fuel and medical treatment” and “condemns all acts of violence and terror directed against civilians and all acts of terrorism.” In addressing the issue of arms trafficking into Palestinian territories, the resolution calls for “intensified international arrangements to prevent arms and ammunition smuggling
The resolution passed, with fourteen members voted in favor.  The United States abstained.

But despite the binding resolution, both Israel and Hamas have continued their attacks.  Nearly 25 rocket attacks were fired on Israel on one day alone, January 10.  According to Israel, 13 Israelis have died, three of them civilian.

Meanwhile, Israel continues shelling Gaza, moving its land invasion deeper into Gaza.  In air and land attacks that have been waged since December 27, over 900 Palestinians have been killed.  The director of emergency services in Gaza, Dr Muawiya Hassanein, said half of the casualties were women and children.  But Israel’s Foreign Minister Tzipi Livni promised more of the same from Israel: “Israel is a country that reacts vigorously when its citizens are fired up, which is a good thing,” she said.  “That is something that Hamas now understands and that is how we are going to react in the future.”

But with mounting evidence that Israel deliberately attacked civilians, prevented civilians from fleeing areas of conflict, and prevented wounded from seeking medical attention, Amnesty International is concerned that the UN resolution did not go far enough.  In a statement released today, Amnesty said, “the resolution failed to state that parties must stop violations of international humanitarian and human rights law, nor does the resolution address the mounting evidence of war crimes and other serious abuses of international law, or provide for an investigation and for those responsible to be held to account.”

For more, read here.

Seven Years Later: Our Power, Our Responsibility

This week we mark the 7th anniversary of the day the U.S. government first began warehousing “enemy combatants,” terrorism suspects and hapless wrong-place-wrong-time detainees at Guantánamo.  Since then, hundreds of detainees have been locked up and stripped of their legal rights, at least five have died in custody, and scores have attempted suicide (not to mention the more than 500 documented incidents of detainees trying to harm themselves).  The U.S. government’s malfeasance has metastasized all over globe to include torture, kidnapping and extraordinary rendition, as well as the CIA practice of “ghost detentions”—the secret and illegal imprisonment of in overseas prisons.

The past eight years have certainly been one of the darkest periods in our recent history. We’ve seen our own government trample human rights, commit war crimes and author an era of illegal practices reminiscent of some of the most repressive regimes in recent memory (see Gen. Pinochet). For this, as Michael Ratner (Center for Constitutional Rights) argues in the current issue of Amnesty International magazine, those responsible should be investigated, and if the evidence warrants it, they should be prosecuted.

Some of us in the human rights community have expressed cautious hope that the inauguration of Barack Obama as our nation’s 44th president will mark the end of this disgraceful era, that it will be the other bookend to January 11, 2002. But for this to become reality, we have to remember that now is not the time to dial down.  We applaud Mr. Obama for pledging to close Guantánamo, an important first step.  But the closure will be meaningful only if it is accompanied by “an unqualified return to America’s established system of justice for detaining and prosecuting suspects,” as Amnesty International, the ACLU, Human Rights First and Human Rights Watch have urged in a joint letter delivered to the presidential transition team last month.  We are categorically opposed to the creation of any other ad-hoc illegal detention system that would allow the executive branch to continue to suspend due process.  Any attempt to find a “third way” would amount to having a Guantánamo within our borders.

Since I became executive director of AIUSA three and a half years ago, I’ve often wondered if the inexorable and secretive nature of the Bush administration’s transgressions somehow robbed ordinary citizens of the belief that we can, as individuals with important common goals, make an impact.  If so, then this is the moment to reclaim our power—and shoulder our responsibility.  There is so much work to be done: holding the outgoing administration accountable for the war crimes it has committed, directing international attention and resources to address bloody conflicts overseas, addressing the continuing crisis of violence against women.  It is also a ripe moment for us to apply the human rights framework to urgent problems we face here at home, such as poverty and migrant detentions.

“Change you can believe in” is a phrase that has been trumpeted ad infinitum. But really, it is up to us. We have to make the change we believe in. And yes, we can.