Eretz Israel is our unforgettable historic homeland...The Jews who will it shall achieve their State...And whatever we attempt there for our own benefit will redound mightily and beneficially to the good of all mankind. (Theodor Herzl, DerJudenstaat, 1896)

We offer peace and amity to all the neighbouring states and their peoples, and invite them to cooperate with the independent Jewish nation for the common good of all. The State of Israel is ready to contribute its full share to the peaceful progress and development of the Middle East.
(From Proclamation of the State of Israel, 5 Iyar 5708; 14 May 1948)

With a liberal democratic political system operating under the rule of law, a flourishing market economy producing technological innovation to the benefit of the wider world, and a population as educated and cultured as anywhere in Europe or North America, Israel is a normal Western country with a right to be treated as such in the community of nations.... For the global jihad, Israel may be the first objective. But it will not be the last. (Friends of Israel Initiative)
Showing posts with label Gaza Rockets Against Israel and International Law. Show all posts
Showing posts with label Gaza Rockets Against Israel and International Law. Show all posts

Thursday, 26 March 2015

Amnesty International Slams Palestinian War Crimes in Gaza

In a press release dated today (26 March) Amnesty International advises:
'Palestinian armed groups displayed a flagrant disregard for the lives of civilians by repeatedly launching indiscriminate rockets and mortars towards civilian areas in Israel during the conflict in July and August 2014, said Amnesty International in a new report published today.
Unlawful and deadly: Rocket and mortar attacks by Palestinian armed groups during the 2014 Gaza/Israel conflict provides evidence that several attacks launched from inside the Gaza Strip amount to war crimes. Six civilians in Israel, including a four-year-old boy, were killed in such attacks during the 50-day conflict. In the deadliest incident believed to have been caused by a Palestinian attack, 11 children were among 13 Palestinian civilians killed when a projectile fired from within the Gaza Strip landed in the al-Shati refugee camp.
“Palestinian armed groups, including the armed wing of Hamas, repeatedly launched unlawful attacks during the conflict killing and injuring civilians. In launching these attacks, they displayed a flagrant disregard for international humanitarian law and for the consequences of their violations on civilians in both Israel and the Gaza Strip,” said Philip Luther, Director of the Middle East and North Africa Programme at Amnesty International.
All the rockets used by Palestinian armed groups are unguided projectiles which cannot be accurately aimed at specific targets and are inherently indiscriminate; using such weapons is prohibited under international law and their use constitutes a war crime. Mortars are also imprecise munitions and should never be used to attack military targets located in or near civilian areas.
“Palestinian armed groups must end all direct attacks on civilians and indiscriminate attacks. They must also take all feasible precautions to protect civilians in the Gaza Strip from the effects of such attacks. This includes taking all possible measures to avoid locating fighters and arms within or near densely populated areas,” said Philip Luther.
And now, in Gaza, opportunities for women grow (read about it here)
At least 1,585 Palestinian civilians, including more than 530 children, were killed in Gaza, and at least 16,245 homes were destroyed or rendered uninhabitable by Israeli attacks during the conflict, some of which also amounted to war crimes.
“The devastating impact of Israeli attacks on Palestinian civilians during the conflict is undeniable, but violations by one side in a conflict can never justify violations by their opponents,” said Philip Luther.
“The fact that Palestinian armed groups appear to have carried out war crimes by firing indiscriminate rockets and mortars does not absolve the Israeli forces from their obligations under international humanitarian law. The war wrought an unprecedented level of death, destruction and injury on the 1.8 million people in the Gaza Strip, and some of the Israeli attacks must be investigated as war crimes.
“The Israeli and Palestinian authorities must both co-operate with the probes of the UN Commission of Inquiry and the International Criminal Court to end decades of impunity that have perpetuated a cycle of violations in which civilians on both sides have paid a heavy price.”
According to UN data, more than 4,800 rockets and 1,700 mortars were fired from Gaza towards Israel during the conflict. Out of the thousands of rockets and mortars fired, around 224 are estimated to have struck Israeli residential areas, as Israel’s Iron Dome missile defence system intercepted many others.
The death of Daniel Tregerman, a four-year-old boy, on 22 August 2014 clearly illustrates the tragic consequences of using imprecise weapons such as mortars on civilian areas. His family had fled their home in Kibbutz Nahal Oz because of the fighting but returned the day before he was killed. Moments after the alarm sirens went off, a mortar launched from Gaza struck the family car parked outside the house. Daniel’s little sister who was also present watched him die before her eyes.
“My husband and son were in the living room and I was yelling for them to come into the shelter. Shrapnel [from the mortar] entered Daniel’s head, killing him immediately,” his mother, Gila Tregerman, told Amnesty International.
Hamas’ military wing, the al-Qassam Brigades, claimed responsibility for the attack.
The briefing also highlights the Israeli authorities’ failure to adequately protect civilians in vulnerable communities during the conflict, particularly Bedouin villages in Israel’s Negev/Naqab region, many of which are not officially recognized by the Israeli government. Ouda Jumi’an al-Waj was killed by a rocket that struck the Bedouin village of Qasr al-Sir near the Israeli city of Dimona on 19 July.
Most Bedouin villages are classified as non-residential “open areas” by the Israeli authorities, so the Iron Dome system to intercept rockets does not operate there and there are no bomb shelters. More than 100,000 people live in Bedouin villages in southern Israel.
“Civilians living in Bedouin villages during the conflict were left vulnerable and exposed, one manifestation of the discrimination they face on a daily basis. The Israeli authorities must ensure everyone is given equal protection,” said Philip Luther.
Other civilians killed by attacks launched in Gaza included an agricultural worker from Thailand, Narakorn Kittiyangkul, who was killed when a mortar struck the tomato farm in southern Israel where he was working. Ze’ev Etzion and Shahar Melamed were killed in a mortar attack on Kibbutz Nirim on 26 August.
In the deadliest incident believed to have been caused by a Palestinian armed group during the conflict, 13 Palestinian civilians – 11 of them children – were killed when a projectile exploded next to a supermarket in the crowded al-Shati refugee camp in Gaza on 28 July 2014, the first day of Eid al-Fitr.
The children had been playing in the street and buying crisps and soft drinks in the supermarket at the time of the attack.
Although Palestinians have claimed that the Israeli military was responsible for the attack, an independent munitions expert who examined the available evidence on behalf of Amnesty International concluded that the projectile used in the attack was a Palestinian rocket.
“Evidence suggesting that a rocket launched by a Palestinian armed group may have caused 13 civilian deaths inside Gaza just underscores how indiscriminate these weapons can be and the dreadful consequences of using them,” said Philip Luther.
Mahmoud Abu Shaqfa and his five-year-old son Khaled were seriously wounded in the attack. His eight-year-old son Muhammad was killed. “The rocket fell near the car… The whole car was pierced by shrapnel. A piece of shrapnel pierced me… My son [Khaled] came to me. He was screaming ‘Daddy get up, get up…’ My entire leg was torn open and my arm had been wrenched to my back.”
There are no bomb shelters or warning systems in place to protect civilians in Gaza.
The report also details other violations of international humanitarian law by Palestinian armed groups during the conflict, such as storing rockets and other munitions in civilian buildings, including UN schools, and cases where Palestinian armed groups launched attacks or stored munitions very near locations where hundreds of displaced civilians were taking shelter.
“The international community must help prevent further violations by tackling entrenched impunity and by ending transfers to Palestinian armed groups and Israel of all arms and military equipment that could be used to commit serious violations of international humanitarian law,” said Philip Luther.
Amnesty International is calling on all states to support the UN Commission of Inquiry and the jurisdiction of the International Criminal Court over crimes committed by all parties to the conflict.'  [Emphasis added]
 Read the full report in English here  https://www.amnesty.org/…/Documents/MDE2111782015ENGLISH.PDF

Sunday, 13 July 2014

David Singer on Mahmoud Abbas's Culpability for War Crimes Committed in Gaza

Titled "Palestine – Abbas Facing Prosecution For Aiding And Abetting War Crimes", here is the latest article by Sydney lawyer and international affairs analyst David Singer.

He writes:

Mahmoud Abbas – Head of the Government of National Consensus in Gaza since 2 June – faces prosecution in the international criminal justice system for aiding and abetting war crimes involving the indiscriminate firing of 384 rockets and missiles from Gaza into Israeli population centres reaching as far away as Tel Aviv and Jerusalem over the past four days.

This latest barrage – which sees no signs of ending – comes after more than 10,000 similar rocket attacks on Israeli civilians from Gaza – then governed by Hamas – following Israel’s unilateral disengagement from Gaza in 2005.

Abbas and his Government now however bear primary responsibility for preventing war crimes emanating from Gazan soil.

In a pre-recorded message aired on Palestine TV, Abbas said the new government was transitional.

This lame excuse cannot enable Abbas to abdicate his responsibility to prevent war crimes being committed in Gaza.

Sarah Leah Whitson, Middle East director at Human Rights Watch stated in December 2012:
“There is simply no legal justification for launching rockets at populated areas.”
Human Rights Watch makes it clear that under international humanitarian law, or the laws of war, civilians and civilian structures may not be subject to deliberate attacks or attacks that do not discriminate between civilians and military targets. Anyone who commits serious laws-of-war violations intentionally or recklessly is responsible for war crimes.

Locating rocket launchers within or near densely populated civilian areas is also a war crime.

There is abundant evidence that this is occurring in Gaza right now.

Belligerents are also prohibited from using civilians to shield military objectives or operations from attack. "Shielding" refers to purposefully using the presence of civilians to render military forces or areas immune from attack.

This too is occurring in Gaza under the watchful gaze of Abbas’s Government.

Abbas as head of the ruling Government in Gaza, is obligated  to uphold the laws of war and should appropriately punish those responsible for these serious violations.

Abbas is making no effort to restrain or end the commission of these war crimes.

There appears to have been no effort by Abbas or the security or police forces that he now controls in Gaza to take action to prevent the further commission of these war crimes.

Abbas has not attempted to travel to Gaza to take control of the rapidly deteriorating position Gaza finds itself in as rockets continue to be fired indiscriminately into Israeli population centres with what appears to be ever increasing intensity – inviting retaliation by Israel to defend its civilian population under article 51 of the United Nations Charter.

Abbas was clearly aware of the danger of provoking such an Israeli response to rockets being launched into Israel – as this report on 6 July made clear:
“Palestinian Authority (PA) Chairman Mahmoud Abbas spoke to the chairman of the Hamas political bureau, Khaled Meshaal, on Sunday, and asked him to calm the situation in Gaza. Abbas asked Meshaal to avoid escalation of the situation, which would give Israel an excuse to launch an operation in Gaza.
Meshaal reportedly told Abbas that he would not act to stop the rocket fire unless the PA met its financial obligations to Hamas, including paying the overdue salaries of several Hamas officials.
The PA is currently embroiled in a conflict over wages with Hamas; some 40,000 Hamas employees are not being paid backlogged wages by the newly established unity government, even while the PA's 70,000 employees in Gaza continue to be paid.”
Abbas's plea was made after Hamas ignored Israel’s ultimatum – made on 3 July – which called for the rocket fire to stop within 48 hours or face war.

At least fifteen rockets were fired on Israel in a 12-hour period on 5 July including two at Be'er Sheva.

Abbas clearly exercises control over the public servants in Gaza. He must immediately assert control over those presently in Gaza committing these heinous war crimes.

Abbas’s inaction in using his security and police forces to forcibly intervene to
 1. Remove rocket launchers from populated civilian areas
 2. Destroy supplies of rockets
 3. Prevent the manufacture of rockets
 4.  Prevent the importation of rockets
 5.  Confront, arrest and try those found launching rockets into Israel
 6. End the use of “human shields”
could result in Abbas and his Government colleagues having to face charges before the International Criminal Courts including
  1. Committing war crimes by omission
  2. Aiding and abetting the commission of war crimes
  3. Substantial contribution to the commission of war crimes
   4. Tacit approval and encouragement of war crimes
   5.  Aiding and abetting war crimes by omission
   6.  Ending the use of "human shields"
Abbas could well follow in the footsteps of former Liberian President Charles Taylor who was found guilty on 26 April 2012 on 11 counts including aiding and abetting war crimes and crimes against humanity.

Taylor’s appeal was dismissed by the Court of The Hague on 26 September 2013.

Taylor’s case was the first concluded by an international court against a head of state since the Nazi trials at Nuremberg in 1946 convicted Admiral Karl Doenitz – who became President of Germany briefly after Adolf Hitler's suicide.

Will the international community end its love affair with Abbas by calling for his prosecution for aiding and abetting the commission of war crimes being perpetrated in Gaza at this very moment?

The silence presently coming from the United Nations condemning Abbas is deafening.

 Justice will hopefully prevail.

Update: Surprisingly, the views expressed above by David Singer are not entirely at odds with the opinions of the Palestinian envoy to the United Nations Human Rights Council, Ibrahim Khreisheh, as this interview (translations by Memri.org) on Palestinian Authority television on 9 July shows: