The ICC Decides to Investigate War Crimes in West Bank and Gaza

The International Criminal Court at The Hague
The International Criminal Court at The Hague

As Israel moves toward its third round of elections in less than a year, Prime Minister Benjamin Netanyahu is desperate to find a way to hold on to power. More than vain self-interest motivates him now, as he hopes that being a sitting (and re-confirmed) prime minister will make it impossible for him to be tried, convicted, and eventually jailed for the corrupt dealings with which he has been charged.

Netanyahu was doubtless overjoyed to hear that the International Criminal Court (ICC) in the Hague has decided there was sufficient cause to investigate whether war crimes had been committed by Israel in the West Bank and Gaza Strip over past five and a half years. The announcement provided him with exactly the kind of target he likes best, one that allows him to claim that Israel is being singled out, persecuted, held to an unfair standard, and all because of antisemitism.

That assertion is absurd on its face, and hardly worth examining. Israel’s human rights record is open for all to see, and it’s not pretty. Moreover, the ICC isn’t investigating Israel; it is investigating the conflict in the occupied territories, and that investigation includes all parties involved. That’s just one of several key points that need to be understood regarding the ICC investigation. Read more at Responsible Statecraft

Revisiting Gaza 2014 and Israel’s Actions

It comes as no surprise that Bernie Sanders’ gaffe in his interview with the editorial board of the New York Daily News regarding the 2014 clash between Israel and Hamas in the Gaza Strip has 14777243476_4f4b3f01b0_z-620x350gotten a lot of play. Sanders cited a figure of approximately 10,000 deaths, which was actually the figure for wounded and about five times the number killed.

Sanders immediately accepted the correction, and issued a statement confirming the error. But since then, he has stuck with his basic point: that the Israeli response to Gaza was disproportionate and exceeded any acceptable level of collateral damage to civilians and civilian infrastructure.

In response to all of this, two days ago, I sent out a tweet, one which I hardly found to be among the more controversial ones I’ve written. It read: “ You know why #BernieSanders says #Israel’s action in #Gaza in 2014 was disproportionate? Because it was.”

I knew some would disagree, and disagree vehemently, of course. The response, though has ranked with some of my most controversial dips into social media ever. Rather than try to respond to all those who tweeted back at me (and some did so in a civil manner, I should note, though they were in the distinct minority), I thought it would be easier to simply post a far from exhaustive selection of quotes, statements and reports, all of which are excerpted and linked to below.

Before I get to that, let me be clear: there is no doubt that Hamas committed serious and inexcusable war crimes during the 2014 conflict. Virtually every rocket and mortar they fired was directed at civilian sites within Israel. They killed Palestinians in Gaza who were protesting Hamas’ actions. They used civilian and United Nations sites for military purposes.

Nothing about Israel’s actions justified these crimes. The same is true in the reverse, however. Israel has every right to defend its citizens from these criminal attacks, and virtually no one debates that point. The question is whether the measures they took to do so were in accordance with the laws of war and whether the alarmingly high volume of civilian deaths, injuries and property damage was an unfortunate result of war or the result of a lack of proper care, willful or not, to try to avoid civilian casualties.

I obviously have the view that it was the latter. I don’t expect anyone to change their minds on a dime, but I do ask for a reasonable, fact-based discussion about it (admittedly, a pipe dream when discussing any aspect of the Israeli-Palestinian conflict, with sympathizers of either side). And I’m not alone. Here, then, is that list of quotes, statements and reports.

Secretary of State John Kerry on Israel’s 2014 action in Gaza, sarcastically: ‘It’s a helluva pinpoint operation. We’ve got to get over there. Thank you, John. I think John, we ought to go tonight. I think it’s crazy to be sitting around.’

State Department: Asked if the U.S. believes Israel has not done enough to prevent civilian casualties, (Spokeswoman Jen) Psaki said: ‘‘We believe that certainly there’s more that can be done.’’?—?AP 7/17/04

Valerie Jarrett, White House Advisor: On Face the Nation Sunday morning, senior White House advisor Valerie Jarrett said that Israeli attacks on Gaza schools and hospitals were “indefensible.”

“This is why the ceasefire is so important,” Jarrett said. “It’s a devastating situation. Israel absolutely has the right to defend itself, and we are Israel’s staunchest ally. But you also can’t condone the killing of all of these innocent children. I think everyone involved is frustrated. But you can’t let your frustration get in the way of trying to be a constructive player here, and that’s what [Obama’s] determined to do.”

State Department statement after shelling of UNWRA school, 8/3/14: The United States is appalled by today’s disgraceful shelling outside an UNRWA school in Rafah sheltering some 3,000 displaced persons, in which at least ten more Palestinian civilians were tragically killed. The coordinates of the school, like all UN facilities in Gaza, have been repeatedly communicated to the Israeli Defense Forces. We once again stress that Israel must do more to meet its own standards and avoid civilian casualties. UN facilities, especially those sheltering civilians, must be protected, and must not be used as bases from which to launch attacks. The suspicion that militants are operating nearby does not justify strikes that put at risk the lives of so many innocent civilians. We call for a full and prompt investigation of this incident as well as the recent shelling of other UNRWA schools.

Ha’aretz, quoting Samantha Power, US Ambassador to UN: U.S. ambassador to the UN Samantha Power calls Sunday’s strike outside an UNRWA school in Rafah “horrifying.”

Power added in a statement that the United States further calls on Israel “to conduct a full and prompt investigation of this incident as well as the recent strikes that hit other UNRWA schools. Civilians, many of whom have been told to evacuate their homes by the Israel Defense Forces, must be able to find refuge in safe, UN-designated shelters.”

Former UK Defence Minister, Peter Luff: Israel has an “absolute right” to defend itself against rocket attacks, but its actions were “brutal” and “difficult to justify.”

Former UK Deputy Prime Minister Nick Clegg: “I have to say though I really do think now the Israeli response appears to be deliberately disproportionate. It is amounting now to a disproportionate form of collective punishment. It is leading to a humanitarian crisis in Gaza, which is just unacceptable… I really would now call on the Israeli government to stop. They have proved their point. Israeli of course retains the right to react. But you cannot see the humanitarian suffering in Gaza now and the very great number of deaths in Gaza without concluding that there is not much more going to be served in Israel’s own interests … to see this festering humanitarian crisis get worse. It incubates the next generation of violent extremists who want to do harm to Israel.”

B’Tselem report on Gaza 2014: “During the fighting, which included an incursion by ground forces, the Israeli military launched strikes from the air, sea and land against thousands of targets. More than 2,200 Palestinians were killed, including hundreds of children. About 18,000 homes were destroyed or badly damaged and more than 100,000 Palestinians were rendered homeless. Over the course of the fighting, Palestinians fired over 4,000 rockets and mortar shells from the Gaza Strip, mostly at civilian communities inside Israel. As a result, five civilians were killed in Israel, including a four-year-old boy. Sixty-seven Israeli soldiers were killed in the fighting.”

B’Tselem: “(Israeli) attacks were not carried out on the whim of individual soldiers, pilots or commanders in the field. They are the result of a policy formulated by government officials and the senior military command. These officials backed the policy of attacking homes, reiterating the argument that the attacks conform to international humanitarian law (IHL) and eschewing any responsibility for harm to civilians.”

Human Rights Watch: Israel and Hamas committed serious violations of the laws of war during fighting in the Gaza Strip in July and August 2014. At least 2,100 Palestinians were killed, of whom the United Nations identified more than 1,500 as civilians, and approximately 11,000 people, mostly civilians, were injured. The tens of thousands of Israeli attacks caused the vast majority of destruction during the fighting, which left uninhabitable 22,000 homes, displacing 108,000 people, and left hundreds of thousands without adequate water or electricity.

Breaking the Silence: While the testimonies include pointed descriptions of inappropriate behavior by soldiers in the field, the more disturbing picture that arises from these testimonies reflects systematic policies that were dictated to IDF forces of all ranks and in all zones. The guiding military principle of “minimum risk to our forces, even at the cost of harming innocent civilians,” alongside efforts to deter and intimidate the Palestinians, led to massive and unprecedented harm to the population and the civilian infrastructure in the Gaza Strip. Policymakers could have predicted these results prior to the operation and were surely aware of them throughout.

Associated Press independent investigation: “The Associated Press examined 247 airstrikes that…hit residential compounds, out of the some 5,000 Israeli strikes during the conflict. Its reporters compiled a detailed casualty count, determining 844 dead in those strikes. The review found that 508 of those dead—just over 60 percent—were children, women and older men, all presumed to be civilians.”

The International Community Must End Israel’s Collective Punishment of the Civilian Population in the Gaza Strip

Richard Falk posted the following declaration of professors and international lawyers and other human rights experts. As a more or Gaza_house_destroyedless legal statement, it’s a bit wordy, but I strongly recommend you read it.

(Falk’s Prefatory Note: Posted here is a Joint Declaration of international law experts from around the world who are listed below as endorsers. I am among the endorsers, and the text was initially drafted by several international law scholars. We welcome additional signatures that can be sent to me in the comments section, with affiliation noted for identification, and names will be periodically added to the text. I view this as an important expression of professional judgment and individual conscience relating to Israeli behavior in Gaza commencing on 8 July that has already taken so many innocent lives and caused such widespread devastation. Please join us and spread the word!)  

The International Community Must End Israel’s Collective Punishment of the Civilian Population in the Gaza Strip
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Israel-Palestine: Correcting Some Faulty Ideas on Both Sides

An edited version of this article originally appeared at LobeLog.

Like many of us, I’ve been very busy on social media since this started. I see a lot of ignorant nonsense there, and it’s not limited to Used to be our housethe pro-Israel side. I also see a lot of shoddy thinking and ignorance of the facts. Since I had to study up on a lot of this for my job as the Director of the US Office of B’Tselem, I thought I might clear a few of those up.

“War crimes”

Various memes make the rounds in discussions of war crimes. One that I found particularly laughable was “Even the UN says Hamas is committing war crimes but they say Israel only might be.” I’ve also seen defenses of Hamas’ firing of missiles at civilian targets at Israel based on Palestinians’ right of self-defense.

Here is the long and short of it: War crimes are defined as “Serious violations of international humanitarian law constitute war crimes.” That’s going to encompass pretty much every violation that might become a public issue in any conflict. Continue reading

US Backing Israeli War of Choice In Gaza

An edited version of this article appeared at LobeLogGaza_house_destroyed

The moral high ground is always a tenuous piece of property. It is difficult to obtain and is easily lost. It is seen, however, as crucial because most people, all over the world, cannot accommodate the notion that life is composed of shades of grey; they desperately need to see black and white, good guys and bad guys, heroes and villains, in every situation. Nowhere is this truer than in the Israel-Palestine conflict.

It has become even more important for Israel to fight this rhetorical battle because, while it can always count on mindless support from Washington and from the most radically nationalistic and zealous Zionists around the world, the current escalation and ugliness is going to be very difficult to defend to even mainstream pro-Israel liberals, let alone the rest of the world. The hasbara (propaganda) has been flowing at a rapid pace, even more so than usual, as Israel struggles to maintain the treasured hold on the “moral high ground” that its own actions have increasingly undermined. Continue reading