Daily Archives: September 18, 2009

Can Israel continue to evade international law?

Israel must now heal itself
By Daniel Levy, The Guardian, September 18, 2009

For months, the Israeli human rights community has been beseeching its government to launch a credible, independent Israeli inquiry as the alternative to being hauled in front of the international community. Nine Israeli human rights NGOs responded to the Goldstone report by repeating this call and suggesting the Israeli government take the Goldstone findings seriously.

Such an inquiry would not be unheard of – prominent precedents exist such as the Kahan Commission Report on Sabra and Shatila in 1982, the Winograd Commission Report on the events of military engagement in Lebanon 2006 and the Or Commission Report with regard to the treatment of Israeli-Arabs. There was even the SELA Disengagement Authority Report in 2006 to investigate the functioning of the administration established to absorb Gaza settlers following the withdrawal.

Will a UN mission manage to nudge Israel in ways that the reports by human rights NGOs, including Israeli ones, failed to do? The instinctive answer would be no. Israel, if anything, has entered into more of a hunker-down mode with its highly dismissive response and has a track record of deep suspicion towards the UN. Repetitions of the mantra that the IDF is the most moral army in the world are again being heard from Jerusalem. Yet closer examination of these first 48 hours since the report’s publication suggest the picture is more nuanced. One of Israel’s most prominent, uncritical and rightist commentators, Ben Dror Yemini in the daily Maariv suggested that the lesson perhaps was that Israel should have ended the war after the first 48 hours of the strike. Haaretz’s Aluf Benn argued that Israel would not be able to act in such a way again after this report, a comment quite widely echoed.

While official Israel is now focusing on out-manoeuvring the implementation of Goldstone’s recommendations, it is also coming closer to a recognition that there may be consequences and repercussions for what happened during the Gaza operation. Israel’s image was already tarnished but the attention that a report of such magnitude attracts and the unimpeachable credibility and standing of its lead author, Goldstone, may cause many who dismissed previous reports to take a second look. This is likely to be a cause for particular division and concern within Jewish communities. Those groups who unquestioningly attack the report’s veracity find themselves further alienated from significant swaths of Jewish opinion, especially among the younger generation. But it is in the arena of practical judicial consequences and of implications for future behaviour that the Goldstone report could have most impact. [continued…]

Editor’s Comment — If the Goldstone report [PDF] is to have some diplomatic teeth, that will depend on the Obama administration’s willingness not to block the UN Security Council’s consideration and implementation of the report’s recommendations — namely, that absent an effective Israeli investigation, the case should be handed over to the International Criminal Court.

Once again, the earliest signs indicate that the United States will retain what has become its standard position: to function as Israel’s lawyer.

American “legal council”, in the form of the US ambassador to the UN, Susan Rice, has already suggested that the report is flawed. “We have very serious concerns about many of the recommendations in the report,” Rice said on Thursday.

In spite of the seriousness of the report’s conclusions — that the Israeli government has committed war crimes and possibly crimes against humanity — the fact that the Obama administration appears ready to provide Israel with diplomatic and legal cover should come as no surprise.

What was president-elect Obama’s reaction to the onslaught in Gaza while it was happening? Silence.

Where did candidate Obama plant his moral and emotive flag in the wider conflict? Alongside the worried parents of Sderot.

What have Middle East peace envoy George Mitchell’s findings been during his trips to see the war’s aftermath? None. He has never been to Gaza.

What have Secretary of State Clinton’s efforts to help in the reconstruction of Gaza accomplished? Nothing.

With that kind of track record, is the Obama administration now about to take a stand as a stalwart defender of international law?

I don’t think so.

Israel’s Gaza blockade crippling reconstruction
By Rory McCarthy, The Guardian, September 18, 2009

A leaked UN report has warned that Israel’s continued economic blockade of Gaza and lengthy delays in delivering humanitarian aid are “devastating livelihoods” and causing gradual “de-development”.

For more than two years, Gaza has been under severe Israeli restrictions, preventing all exports and confining imports to a limited supply of humanitarian goods.

Now, eight months after the end of the Gaza war, much reconstruction work is still to be done because materials are either delayed or banned from entering the strip.

The UN report, obtained by the Guardian, reveals the delays facing the delivery of even the most basic aid. On average, it takes 85 days to get shelter kits into Gaza, 68 days to deliver health and paediatric hygiene kits, and 39 days for household items such as bedding and kitchen utensils. [continued…]

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US fails to broker deal with Israel over settlements

US fails to broker deal with Israel over settlements
By Rory McCarthy, The Guardian, September 18, 2009

The US envoy to the Middle East, George Mitchell, appeared today to have failed to win an agreement from Israel on a halt to settlement construction in the Palestinian territories.

A deal would have laid the foundations for a meeting planned for next week at the UN in New York between President Barack Obama, the Israeli prime minister, Binyamin Netanyahu, and the Palestinian president, Mahmoud Abbas. That now seems less likely to go ahead.

The New York meeting would have restarted peace talks between the two sides for the first time in nearly a year, and would have been the first such Middle East negotiations under the Obama administration. [continued…]

Israel: TUC boycott on goods produced in illegal settlements is ‘slap in face’
By Hélène Mulholland, The Guardian, September 17, 2009

Aargeted boycott of Israeli goods originating from illegal settlements agreed by the TUC [the Trades Union Congress which leads Britain’s labor movement] today to step up the pressure “for an end to the occupation of Palestinian territories” was described by Israel as a “slap in the face” for those seeking peace in the Middle East.

Hugh Lanning, chairman of the Palestine Solidarity Campaign, described the TUC move as a “landmark” decision which followed a wave of motions passed at individual union conferences this year because of “outrage” at Israel’s “brutal war” on Gaza.

But the Israeli embassy rounded on the “reckless” commitment to a boycott passed at the TUC congress following protracted behind-the-scenes disputes. [continued…]

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Afghanistan: Why efforts to disarm the Taliban have failed

Afghanistan: Why efforts to disarm the Taliban have failed
By Tim McGirk, Time, September 18, 2009

Why has it been nearly impossible to coax Taliban fighters into turning in their weapons and cooperating with the Afghan government? The story of Mullah A stands as an all-too-common example.

A few years back, the Taliban commander thought his personal war with the Americans was over when he surrendered his Toyota Land Cruiser, a stack of rocket-propelled grenades and his personal weapons to the police chief in Kandahar. Mullah A, who prefers not to be identified, was exhausted. In late 2001, when U.S.-backed forces were pushing into northern Afghanistan, the commander saw most of his men wiped out by heavy American bombardment. He was one of the few survivors, and he fled south, back home to Kandahar, convinced that his fighting days had come to an end.

As part of the surrender, Kandahar’s police chief gave Mullah A a letter of protection. But the would-be ex-guerrilla fighter soon realized the paper was worthless. Like so many other Taliban who tried to lay down arms, the commander had a complex history, interwoven with tribal rivalries and greed. The CIA was offering $100,000 for the return of Stinger antiaircraft missiles, and the local intelligence chief, who belongs to the enemy Achakzai tribe (allied to President Hamid Karzai’s Popalzai tribe), was convinced that he could make good money if he shook down Mullah A to see if he was holding back a few Stingers. “I told him I didn’t have any,” Mullah A informed TIME by telephone. That resulted, the Taliban commander alleges, in the Achakzai intelligence chief arresting and torturing Mullah A’s brother and cousin. “My cousin was strangled to death,” the commander says. [continued…]

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Why I threw the shoe

Why I threw the shoe
By Muntazer al-Zaidi, The Guardian, September 17, 2009

I am free. But my country is still a prisoner of war. There has been a lot of talk about the action and about the person who took it, and about the hero and the heroic act, and the symbol and the symbolic act. But, simply, I answer: what compelled me to act is the injustice that befell my people, and how the occupation wanted to humiliate my homeland by putting it under its boot.

Over recent years, more than a million martyrs have fallen by the bullets of the occupation and Iraq is now filled with more than five million orphans, a million widows and hundreds of thousands of maimed. Many millions are homeless inside and outside the country.

We used to be a nation in which the Arab would share with the Turkman and the Kurd and the Assyrian and the Sabean and the Yazid his daily bread. And the Shia would pray with the Sunni in one line. And the Muslim would celebrate with the Christian the birthday of Christ. This despite the fact that we shared hunger under sanctions for more than a decade.

Our patience and our solidarity did not make us forget the oppression. But the invasion divided brother from brother, neighbour from neighbour. It turned our homes into funeral tents. [continued…]

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Pro- and anti-government marchers face off in Tehran

Pro- and anti-government marchers face off in Tehran
By Borzou Daragahi and Ramin Mostaghim, Los Angeles Times, September 18, 2009

Tens of thousands of demonstrators chanting, “Not Gaza, not Lebanon, I sacrifice my life for Iran,” swarmed the streets of the capital, turning a day in support of the Palestinian cause into a major opposition rally.

President Mahmoud Ahmadinejad, whose disputed reelection three months ago triggered Iran’s worst political domestic crisis in decades, delivered a blistering condemnation of Israel on the occasion of annual Quds Day.

In a fiery speech, he questioning the Holocaust and blamed “Zionists” for ongoing wars in the Middle East.

“If the Holocaust you claim is correct, why do you reject any research about it?” he said in a speech before Friday prayers. “The Zionists are behind the ongoing wars in Afghanistan, Iraq and Sudan.” [continued…]

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