Israel Committed War Crimes, Says NY Times - Instablogs
Israel Committed War Crimes, Says NY Times
Marco Villa , Connecticut: Apr 4 2009
Made Popular Apr 6 2009
United States :

The times’ a changin’. Today, the New York Times published a scathing report on Israel’s war crimes during its assault on Gaza.

Written by a professor at the University of California Hastings College of the Law and a Palestinian-American [the fanatical Zionists, including those on IB, will now seek to discredit him simply because he’s Palestinian] George E. Bisharat. He previously wrote a piece on Israel’s war crimes during the war itself for the Wall Street Journal. And now the Times is publishing him. A few years ago, a Palestinian could never be published writing such a strong critic of Israel in two of the nation’s national papers [the United States has three national papers]. But as I said: Times’ a changin’.

Mr. Bisharat started off by noting that Israel is engaging in collective punishment against a people for whom it is responsible for protecting under international law as the occupying power.

• Violating its duty to protect the civilian population of the Gaza Strip. Despite Israel’s 2005 “disengagement” from Gaza, the territory remains occupied. Israel unleashed military firepower against a people it is legally bound to protect.

• Imposing collective punishment in the form of a blockade, in violation of Article 33 of the Fourth Geneva Convention. In June 2007, after Hamas took power in the Gaza Strip, Israel imposed suffocating restrictions on trade and movement. The blockade — an act of war in customary international law — has helped plunge families into poverty, children into malnutrition, and patients denied access to medical treatment into their graves. People in Gaza thus faced Israel’s winter onslaught in particularly weakened conditions.

Further, Israel intentional kills civilians.

• Deliberately attacking civilian targets. The laws of war permit attacking a civilian object only when it is making an effective contribution to military action and a definite military advantage is gained by its destruction. Yet an Israeli general, Dan Harel, said, “We are hitting not only terrorists and launchers, but also the whole Hamas government and all its wings.” An Israeli military spokeswoman, Maj. Avital Leibovich, avowed that “anything affiliated with Hamas is a legitimate target.”

Israeli fire destroyed or damaged mosques, hospitals, factories, schools, a key sewage plant, institutions like the parliament, the main ministries, the central prison and police stations, and thousands of houses.

• Willfully killing civilians without military justification. When civilian institutions are struck, civilians — persons who are not members of the armed forces of a warring party, and are not taking direct part in hostilities — are killed.

International law authorizes killings of civilians if the objective of the attack is military, and the means are proportional to the advantage gained. Yet proportionality is irrelevant if the targets of attack were not military to begin with. Gaza government employees — traffic policemen, court clerks, secretaries and others — are not combatants merely because Israel considers Hamas, the governing party, a terrorist organization. Many countries do not regard violence against foreign military occupation as terrorism.

Of 1,434 Palestinians killed in the Gaza invasion, 960 were civilians, including 121 women and 288 children, according to a United Nations special rapporteur, Richard Falk. Israeli military lawyers instructed army commanders that Palestinians who remained in a targeted building after having been warned to leave were “voluntary human shields,” and thus combatants. Israeli gunners “knocked on roofs” — that is, fired first at corners of buildings, before hitting more vulnerable points — to “warn” Palestinian residents to flee.

With nearly all exits from the densely populated Gaza Strip blocked by Israel, and chaos reigning within it, this was a particularly cruel flaunting of international law. Willful killings of civilians that are not required by military necessity are grave breaches of the Geneva Conventions, and are considered war crimes under the Nuremberg principles.

He also notes that Israeli officials have themselves made incriminating statements.

• Deliberately employing disproportionate force. Last year, Gen. Gadi Eisenkot, head of Israel’s northern command, speaking on possible future conflicts with neighbors, stated, “We will wield disproportionate power against every village from which shots are fired on Israel, and cause immense damage and destruction.” Such a frank admission of illegal intent can constitute evidence in a criminal prosecution.

And then there is the issue of white prosperous.

• Illegal use of weapons, including white phosphorus. Israel was finally forced to admit, after initial denials, that it employed white phosphorous in the Gaza Strip, though Israel defended its use as legal. White phosphorous may be legally used as an obscurant, not as a weapon, as it burns deeply and is extremely difficult to extinguish.

He ends with a call that the apartheid state of Israel should not be met with impunity for its crimes, but, rather, a charges and convictions.

Israeli political and military personnel who planned, ordered or executed these possible offenses should face criminal prosecution. The appointment of Richard Goldstone, the former war crimes prosecutor from South Africa, to head a fact-finding team into possible war crimes by both parties to the Gaza conflict is an important step in the right direction. The stature of international law is diminished when a nation violates it with impunity.

Don’t hold your breath that the United States will ever do anything to bring Israel to justice.

Here is Professor Bisharat taking about al-Nakab. To watch the whole video via Google Video.


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1 Stars
Salman
Al-Manamah, Bahrain
The Israelis are following their old method of destroying everything that makes a society a society, the infrastructure. The collective punishment of the Palestinians for what Hamas or Islamic Jihad is supposed to be doing or has done, reminds one of the collective punishments that Nazis meted out in the occupied areas in Eastern Europe during the WWII
1 Stars
Shoeb
Dhaka, Bangladesh
This is the irony of history, the victims of Holocaust committing a genocide against another people.
The Israeli ARMY is a disgrace to the human race.
1 Stars
Mike
Jerusalem, Israel
Israel should recognize the Hamas government as legitimate and declare actual war on the 'State' of Palestine as soon as the next rocket is fired into Israel.
And by the way, they aren't civilians, they're martyrs. They can't have it both ways.
(Global Perspectives)
1 Stars
Marc
Paris, France
Every single one of them is tragic. Some can't be helped, not that it makes it ok, but some are collateral damage brought on by the circumstances of war. Others are completely avoidable and sometimes, criminal.
1 Stars
Alejandro
Jerusalem, Israel
In Israel, when something like this happens, it makes for the first page of the newspaper. Right and left, rich and poor, secular and religious, everyone questions the authorities and the army - until an explanation is found and the guilty parties are punished and mechanisms are put in place to correct the situation.

I am completely convinced that this time it won't be different, and any excesses and cases of misconduct will be investigated and prosecuted as there were others in the past.
1 Stars
Raja
Manchester, United Kingdom
I am completely convinced that NOTHING will be done because this has happened many times in the past, and the result has always been the same. The IDF will make up excuses, nobody will be prosecuted, and the same "tragic but unavoidable" incidents are going to happen again and again in the future.
(Global Perspectives)
1 Stars
Mahmud
Tehran, Iran
How much evidence does the United States need to condemn these war crimes? Even if the Israeli government were to come right out and say they committed these atrocities, will the U.S. government stop it's military funding?
1 Stars
Inon
Jerusalem, Israel
This has been a major headline in the Israeli news.
The Israeli public is furious and demands investigation and court martial of the soldiers and commanders who are responsible for these crimes.
1 Stars
Swati
Amritsar, India
Good that they finally admit something. And I like Israel but the only thing i hate is that IDF does a lot of stupid things all the time
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