7 july 2010
Israel's war crime response ridiculous
Human-rights activists yesterday lambasted Israel for ignoring the hundreds of cases of alleged war crimes during its Gaza onslaught 18 months ago, a day after the country said it indicted an officer and a soldier for their actions during the 22-day conflict.
Raji Sourani, director of the Gaza-based Palestinian Centre for Human Rights, called Israel's announcement ridiculous and said it fell far short of the full responsibility the country should bear for the many civilian killings during the assault.
He added: This is a cosmetic and very ungenuine move. It again demonstrates that Israel does not want to hold soldiers or anyone in the political level accountable for involvement in war crimes or crimes against humanity.
Following an internal investigation, Israel's army said on Tuesday that its chief prosecutor had decided to take disciplinary and legal action in four separate cases. They include indicting a staff sergeant with manslaughter for deliberately shooting at least one Palestinian walking with a group waving a white flag, and charging a battalion commander for allowing his troops to use a Palestinian civilian as a human shield.
Israeli media reported that the army also used in its probes Palestinian testimonies provided by B'Tselem. Avichai Mendelblit, the military prosecutor, made the rare gesture of thanking the Israeli rights organisation for the accounts and for helping coordinate the questioning of Palestinians by the army.
B'Tselem, however, said the actions announced were far from sufficient and did not address what critics have claimed was an Israeli use of excessive and indiscriminate firepower. Sarit Michaeli, a representative, said: I think that it would be very difficult for Israel to show that it adheres to its obligations to investigate if that's all that they came up with.
Ms Michaeli condemned Israel for not probing into the military policies that led to the deaths of the more than 1,400 Palestinians and to the massive damage of the impoverished territory's buildings, roads, bridges and electricity and water networks.
Israel has faced harsh international criticism for its attacks after a United Nations panel headed by Richard Goldstone, a South African jurist, last year accused the country in a scathing report of committing war crimes during the assault. Israel had refused to cooperate with Mr Goldstone's committee, claiming that its report was unbalanced. Israel, which said it had launched the attacks to curtail cross-border rocket-fire from Gaza, also said that many of the killings were a result of its army's difficulty of battling militants operating in heavily populated civilian areas.
According to Israel's military, it has so far examined more than 150 incidents and launched about 50 investigations into the army's conduct during the onslaught.
From the four cases mentioned in the army's announcement, the white-flag incident was among the most widely publicised. The army said its probe was based on Palestinian testimonies that on January 9, 2009 Israeli fire killed two women walking with a group of people holding a white flag.
Human Rights Watch and other organisations have said that a group of 28 Palestinian civilians 17 of them children - from two families were trying to evacuate their homes that day after hearing Israeli army orders on the radio to leave the area. They walked, clustered in small groups, each group raising a flag made of white cloth on a wooden broomstick. According to some of their testimonies, Israeli soldiers then opened fire and killed a mother and her daughter.
In another case, the Israeli military said a battalion commander was indicted on suspicion of deviating from authorised and appropriate behaviour and from an Israeli Supreme Court ruling when he authorised his troops to use a Palestinian man as a human shield by ordering him to enter a home in which militants were hiding in order to convince them to leave.
In the third case, the prosecutor instructed that disciplinary action be taken against an army officer who ordered an airstrike on a militant allegedly involved in firing rockets, and who was standing outside the Ibrahim al Maqadma mosque in northern Gaza. The Goldstone report had said that at least 15 civilians who were mostly inside the mosque for evening prayers were killed in the incident.
In the final case, the military prosecutor also ordered a criminal investigation into the airstrike on a house occupied by about 100 members of the extended Samouni family in the Zeitoun district of Gaza City. The incident had spurred wide international criticism of Israel after it was reported that Palestinian paramedics were not permitted by Israeli troops to reach the house for several days after the strike, which killed up to 30 family members.
B'Tselem repeats call for Gaza war investigation
As the Israeli military announced it indicted two soldiers for their conduct during its winter assault on Gaza, Israeli organization B’Tselem renewed its call for an independent Israeli investigation.
B’Tselem’s own investigations into the attack on Gaza echoed the findings of the UN fact finding mission headed by jurist Richard Goldstone.
The UN report, which estimated between 1,387 and 1,417 Palestinians were killed in the operation, found that Israeli soldiers committed “grave breaches” of the Fourth Geneva Convention, including “willful killing, torture or inhuman treatment.”
B’Tselem’s investigation found 1390 Palestinians were killed in the attack, including 344 children.
An Israeli army statement released Tuesday said it had investigated the majority of cases brought to light by Goldstone’s report, and had concluded that “legal measures would not be taken” in all but three incidents.
B’Tselem has repeatedly called for an independent investigation into military conduct during the assault, and Goldstone’s report said the Israeli investigation system is “not effective in addressing the violations and uncovering the truth.”
The Israeli organization called for the scope of the investigation to be expanded to investigate questions of policy, and “the responsibility of the high command and the political echelon for the wide scale killing of uninvolved civilians, and the extensive damage that was wrought on the Gaza Strip.”
http://www.maannews.net/eng/ViewDetails.aspx?ID=297505
Human-rights activists yesterday lambasted Israel for ignoring the hundreds of cases of alleged war crimes during its Gaza onslaught 18 months ago, a day after the country said it indicted an officer and a soldier for their actions during the 22-day conflict.
Raji Sourani, director of the Gaza-based Palestinian Centre for Human Rights, called Israel's announcement ridiculous and said it fell far short of the full responsibility the country should bear for the many civilian killings during the assault.
He added: This is a cosmetic and very ungenuine move. It again demonstrates that Israel does not want to hold soldiers or anyone in the political level accountable for involvement in war crimes or crimes against humanity.
Following an internal investigation, Israel's army said on Tuesday that its chief prosecutor had decided to take disciplinary and legal action in four separate cases. They include indicting a staff sergeant with manslaughter for deliberately shooting at least one Palestinian walking with a group waving a white flag, and charging a battalion commander for allowing his troops to use a Palestinian civilian as a human shield.
Israeli media reported that the army also used in its probes Palestinian testimonies provided by B'Tselem. Avichai Mendelblit, the military prosecutor, made the rare gesture of thanking the Israeli rights organisation for the accounts and for helping coordinate the questioning of Palestinians by the army.
B'Tselem, however, said the actions announced were far from sufficient and did not address what critics have claimed was an Israeli use of excessive and indiscriminate firepower. Sarit Michaeli, a representative, said: I think that it would be very difficult for Israel to show that it adheres to its obligations to investigate if that's all that they came up with.
Ms Michaeli condemned Israel for not probing into the military policies that led to the deaths of the more than 1,400 Palestinians and to the massive damage of the impoverished territory's buildings, roads, bridges and electricity and water networks.
Israel has faced harsh international criticism for its attacks after a United Nations panel headed by Richard Goldstone, a South African jurist, last year accused the country in a scathing report of committing war crimes during the assault. Israel had refused to cooperate with Mr Goldstone's committee, claiming that its report was unbalanced. Israel, which said it had launched the attacks to curtail cross-border rocket-fire from Gaza, also said that many of the killings were a result of its army's difficulty of battling militants operating in heavily populated civilian areas.
According to Israel's military, it has so far examined more than 150 incidents and launched about 50 investigations into the army's conduct during the onslaught.
From the four cases mentioned in the army's announcement, the white-flag incident was among the most widely publicised. The army said its probe was based on Palestinian testimonies that on January 9, 2009 Israeli fire killed two women walking with a group of people holding a white flag.
Human Rights Watch and other organisations have said that a group of 28 Palestinian civilians 17 of them children - from two families were trying to evacuate their homes that day after hearing Israeli army orders on the radio to leave the area. They walked, clustered in small groups, each group raising a flag made of white cloth on a wooden broomstick. According to some of their testimonies, Israeli soldiers then opened fire and killed a mother and her daughter.
In another case, the Israeli military said a battalion commander was indicted on suspicion of deviating from authorised and appropriate behaviour and from an Israeli Supreme Court ruling when he authorised his troops to use a Palestinian man as a human shield by ordering him to enter a home in which militants were hiding in order to convince them to leave.
In the third case, the prosecutor instructed that disciplinary action be taken against an army officer who ordered an airstrike on a militant allegedly involved in firing rockets, and who was standing outside the Ibrahim al Maqadma mosque in northern Gaza. The Goldstone report had said that at least 15 civilians who were mostly inside the mosque for evening prayers were killed in the incident.
In the final case, the military prosecutor also ordered a criminal investigation into the airstrike on a house occupied by about 100 members of the extended Samouni family in the Zeitoun district of Gaza City. The incident had spurred wide international criticism of Israel after it was reported that Palestinian paramedics were not permitted by Israeli troops to reach the house for several days after the strike, which killed up to 30 family members.
B'Tselem repeats call for Gaza war investigation
As the Israeli military announced it indicted two soldiers for their conduct during its winter assault on Gaza, Israeli organization B’Tselem renewed its call for an independent Israeli investigation.
B’Tselem’s own investigations into the attack on Gaza echoed the findings of the UN fact finding mission headed by jurist Richard Goldstone.
The UN report, which estimated between 1,387 and 1,417 Palestinians were killed in the operation, found that Israeli soldiers committed “grave breaches” of the Fourth Geneva Convention, including “willful killing, torture or inhuman treatment.”
B’Tselem’s investigation found 1390 Palestinians were killed in the attack, including 344 children.
An Israeli army statement released Tuesday said it had investigated the majority of cases brought to light by Goldstone’s report, and had concluded that “legal measures would not be taken” in all but three incidents.
B’Tselem has repeatedly called for an independent investigation into military conduct during the assault, and Goldstone’s report said the Israeli investigation system is “not effective in addressing the violations and uncovering the truth.”
The Israeli organization called for the scope of the investigation to be expanded to investigate questions of policy, and “the responsibility of the high command and the political echelon for the wide scale killing of uninvolved civilians, and the extensive damage that was wrought on the Gaza Strip.”
http://www.maannews.net/eng/ViewDetails.aspx?ID=297505
Raya Salma Abu Hajjaj 64 and her 35-year-old daughter Majda
After more than 400 officers and fighters questioned, military Advocate General decides to file criminal indictment.
An Israel Defense Forces soldier has been officially charged with killing a woman in Gaza during Operation Cast Lead in early 2009. The indictment against the soldier, a member of the Givati brigade, was filed on Tuesday following a military hearing.
Military Advocate General Avihai Mandelblit furthermore has taken legal action against soldiers who allegedly deviated from explicit orders in three additional incidents during Israel's winter offensive in Gaza.
The advocate general also decided to close the proceedings on all the other incidents that were mentioned in the Goldstone Report, a report commissioned by the United Nations to investigate Operation Cast Lead. The report mentioned 23 incidents of alleged war crimes perpetrated by Israeli soldiers. Mandelblit arrived at these decisions in light of the findings of the military probe in which more than 400 officers and fighters were questioned over the last 18 months.
The indictments are of a criminal nature and include manslaughter and disobeying a military directive pertaining to the prohibition on the use of civilians for operational activity.
Mendelblit also ordered disciplinary proceedings against a captain for the failure in professional discretion in the approval of an attack on a terrorist operative, as well as opened a criminal investigation into the deaths of 29 members of the Al-Samoni family in the opening days of Israel's ground offensive.
Last month, the IDF soldier faced charges over opening fire on 64-year-old Raya Salma Abu Hajjaj and her 35-year-old daughter Majda in disregard of the IDF's rules of engagement during Operation Cast Lead.
The summons to the soldier's hearing used unusually strong phrasing, including the word 'killing', which leaves open the possibility of a manslaughter charge, or a lesser charge of negligence.
The soldier, identified only as First Sergeant S., said during an army investigation that he had fired at the women's legs only when he believed troops' lives to be at risk and had not intended to kill them.
But Palestinian eyewitnesses to the shooting south of Gaza city on January 4, 2009, said the women were among a group of civilians waving white flags.
http://www.haaretz.com/news/diplomacy-defense/idf-soldier-charged-with-killing-woman-during-gaza-war-1.300373
IDF indicts Cast Lead soldiers
IDF puts final touches on report refuting Goldstone's conclusions.
A number of IDF soldiers will face criminal and disciplinary charges for misconduct during Operation Cast Lead, IDF Military Advocate-General Maj.- Gen. Avichai Mandelblit decided Tuesday, in the most comprehensive legal action taken by Israel in the wake of the Goldstone Report.
In the most severe case, Mandelblit decided to charge a soldier with manslaughter for allegedly shooting and killing a Palestinian woman during the operation in the Gaza Strip.
He will bring disciplinary charges against two officers, one of them a battalion commander, for unprofessional conduct, including permitting the use of Palestinians as human shields, a practice banned by the High Court of Justice.
In the coming weeks, Mandelblit, together with the Foreign Ministry, will submit a revised version of a report that Israel submitted on Operation Cast Lead to the United Nations in February. The new report will be delivered to UN Secretary-General Ban Kimoon by July 25, when Ban is expected to issue his own report on Cast Lead.
With the decision to take legal action, Mandelblit has completed reviewing 30 cases singled out in the Goldstone Report, except for one that is still under Military Police investigation.
The shooting incident took place on January 4, 2009 in Juhar a-Dik, near Gaza City, when a group of about 30 Palestinian civilians, including women and children, approached an Israeli military position. The group, according to several eyewitness accounts, was waving white flags.
At a certain point, a staff-sergeant from the Givati Brigade opened fire, killing an unidentified person. The Palestinians claimed that a mother and daughter 35-year-old Majda Abu Hajiji and her 64-year-old mother Salama were killed in the incident, which was thoroughly investigated by B'Tselem and mentioned in the Goldstone Report, while the soldiers claimed that the soldier, who served as a marksman, shot a man.
After reviewing the evidence, Mandelblit decided to indict the soldier based on evidence showing he deliberately targeted an individual walking with the group.
Despite the fact that the two events are apparently one and the same, from a judicial point of view, sufficient connections could not be made between the evidence gathered in the case of the indicted soldier and the event described by Palestinian testimonies, the IDF said in statement.
Mandelblit also decided to hold a disciplinary hearing for a battalion commander from the Golani Brigade with the rank of lieutenant-colonel, who allegedly permitted troops to send a Palestinian into a home where terrorists were located. This was done in an effort to convince the terrorists to leave the home.
The battalion commander, who was not present during the incident, gave his approval based on reports that he received from one of his company commanders that the Palestinian, according to a senior officer, literally begged the soldiers to allow him to enter the home in an effort to prevent the demolition of his home, which was next door.
Mandelblit decided to press disciplinary and not criminal charges against the officer, after reviewing the material collected during the investigation and due to the fact that the Palestinian had requested to enter the home to talk to the terrorists. But Mandelblit still decided to hold a hearing for the commander, since the use of human shields is a violation of IDF orders and a High Court ruling.
The IDF also announced Tuesday that Mandelblit had decided to launch a new criminal investigation into an air force bombing of a home in the Zeitoun neighborhood of Gaza City occupied at the time by close to 100 members of the A-Samuni family. Some 21 members of the family were killed in the bombing.
Suspicions are, a senior officer said, that civilians were killed due to a violation in regulations.
In the last case, Mandelblit decided to take disciplinary action against an IDF captain who ordered an attack on a terror operative who was stationed near the Ibrahim Al- Makadma mosque in Beit Lahiya in northern Gaza.
The aerial strike targeted a terror operative involved in the launching of rockets at Israel who was standing outside of the mosque. Injuries caused to civilians inside were unintentional and caused by shrapnel that penetrated the mosque.
http://www.jpost.com/Israel/Article.aspx?id=180672
After more than 400 officers and fighters questioned, military Advocate General decides to file criminal indictment.
An Israel Defense Forces soldier has been officially charged with killing a woman in Gaza during Operation Cast Lead in early 2009. The indictment against the soldier, a member of the Givati brigade, was filed on Tuesday following a military hearing.
Military Advocate General Avihai Mandelblit furthermore has taken legal action against soldiers who allegedly deviated from explicit orders in three additional incidents during Israel's winter offensive in Gaza.
The advocate general also decided to close the proceedings on all the other incidents that were mentioned in the Goldstone Report, a report commissioned by the United Nations to investigate Operation Cast Lead. The report mentioned 23 incidents of alleged war crimes perpetrated by Israeli soldiers. Mandelblit arrived at these decisions in light of the findings of the military probe in which more than 400 officers and fighters were questioned over the last 18 months.
The indictments are of a criminal nature and include manslaughter and disobeying a military directive pertaining to the prohibition on the use of civilians for operational activity.
Mendelblit also ordered disciplinary proceedings against a captain for the failure in professional discretion in the approval of an attack on a terrorist operative, as well as opened a criminal investigation into the deaths of 29 members of the Al-Samoni family in the opening days of Israel's ground offensive.
Last month, the IDF soldier faced charges over opening fire on 64-year-old Raya Salma Abu Hajjaj and her 35-year-old daughter Majda in disregard of the IDF's rules of engagement during Operation Cast Lead.
The summons to the soldier's hearing used unusually strong phrasing, including the word 'killing', which leaves open the possibility of a manslaughter charge, or a lesser charge of negligence.
The soldier, identified only as First Sergeant S., said during an army investigation that he had fired at the women's legs only when he believed troops' lives to be at risk and had not intended to kill them.
But Palestinian eyewitnesses to the shooting south of Gaza city on January 4, 2009, said the women were among a group of civilians waving white flags.
http://www.haaretz.com/news/diplomacy-defense/idf-soldier-charged-with-killing-woman-during-gaza-war-1.300373
IDF indicts Cast Lead soldiers
IDF puts final touches on report refuting Goldstone's conclusions.
A number of IDF soldiers will face criminal and disciplinary charges for misconduct during Operation Cast Lead, IDF Military Advocate-General Maj.- Gen. Avichai Mandelblit decided Tuesday, in the most comprehensive legal action taken by Israel in the wake of the Goldstone Report.
In the most severe case, Mandelblit decided to charge a soldier with manslaughter for allegedly shooting and killing a Palestinian woman during the operation in the Gaza Strip.
He will bring disciplinary charges against two officers, one of them a battalion commander, for unprofessional conduct, including permitting the use of Palestinians as human shields, a practice banned by the High Court of Justice.
In the coming weeks, Mandelblit, together with the Foreign Ministry, will submit a revised version of a report that Israel submitted on Operation Cast Lead to the United Nations in February. The new report will be delivered to UN Secretary-General Ban Kimoon by July 25, when Ban is expected to issue his own report on Cast Lead.
With the decision to take legal action, Mandelblit has completed reviewing 30 cases singled out in the Goldstone Report, except for one that is still under Military Police investigation.
The shooting incident took place on January 4, 2009 in Juhar a-Dik, near Gaza City, when a group of about 30 Palestinian civilians, including women and children, approached an Israeli military position. The group, according to several eyewitness accounts, was waving white flags.
At a certain point, a staff-sergeant from the Givati Brigade opened fire, killing an unidentified person. The Palestinians claimed that a mother and daughter 35-year-old Majda Abu Hajiji and her 64-year-old mother Salama were killed in the incident, which was thoroughly investigated by B'Tselem and mentioned in the Goldstone Report, while the soldiers claimed that the soldier, who served as a marksman, shot a man.
After reviewing the evidence, Mandelblit decided to indict the soldier based on evidence showing he deliberately targeted an individual walking with the group.
Despite the fact that the two events are apparently one and the same, from a judicial point of view, sufficient connections could not be made between the evidence gathered in the case of the indicted soldier and the event described by Palestinian testimonies, the IDF said in statement.
Mandelblit also decided to hold a disciplinary hearing for a battalion commander from the Golani Brigade with the rank of lieutenant-colonel, who allegedly permitted troops to send a Palestinian into a home where terrorists were located. This was done in an effort to convince the terrorists to leave the home.
The battalion commander, who was not present during the incident, gave his approval based on reports that he received from one of his company commanders that the Palestinian, according to a senior officer, literally begged the soldiers to allow him to enter the home in an effort to prevent the demolition of his home, which was next door.
Mandelblit decided to press disciplinary and not criminal charges against the officer, after reviewing the material collected during the investigation and due to the fact that the Palestinian had requested to enter the home to talk to the terrorists. But Mandelblit still decided to hold a hearing for the commander, since the use of human shields is a violation of IDF orders and a High Court ruling.
The IDF also announced Tuesday that Mandelblit had decided to launch a new criminal investigation into an air force bombing of a home in the Zeitoun neighborhood of Gaza City occupied at the time by close to 100 members of the A-Samuni family. Some 21 members of the family were killed in the bombing.
Suspicions are, a senior officer said, that civilians were killed due to a violation in regulations.
In the last case, Mandelblit decided to take disciplinary action against an IDF captain who ordered an attack on a terror operative who was stationed near the Ibrahim Al- Makadma mosque in Beit Lahiya in northern Gaza.
The aerial strike targeted a terror operative involved in the launching of rockets at Israel who was standing outside of the mosque. Injuries caused to civilians inside were unintentional and caused by shrapnel that penetrated the mosque.
http://www.jpost.com/Israel/Article.aspx?id=180672
Israel indicts 2 soldiers over Gaza war
Following an internal investigation into the “ethical aspects” of its December 2008 assault on Gaza, which saw at least 1,400 killed, the Israeli army has indicted two soldiers.
An army statement said authorities were investigating the majority of incidents that came to light in the UN fact-finding mission on the Gaza conflict headed by South African jurist Richard Goldstone.
The UN report, which estimated between 1,387 and 1,417 Palestinians were killed in the operation, found that Israeli soldiers committed “grave breaches” of the Fourth Geneva Convention, including “willful killing, torture or inhuman treatment.”
In two of the incidents investigated, two soldiers have been indicted, and one will be investigated by military police, the army said. In all other incidents, the army explained that “it was decided that legal measures would not be taken.”
The first of four incidents referred to in the army statement was the alleged use of Majdi Abd Rabbo, 39, as a human shield. In his testimony to the UN, Abd Rabbo said that on 5 January, 15 Israeli soldiers banged on his door, holding a handcuffed Palestinian man at gunpoint. He recounted that he and his sons were forced to strip while his wife was told to take the trousers off her 14-month-old daughter.
Abd Rabbo said he was held at gunpoint as soldiers searched his house and then ordered to break a hole in the wall dividing the home from his neighbors' with a sledgehammer. When gunshots emanated from next door, soldiers took him to a nearby mosque. Abd Rabbo said soldiers opened fire on his home, with his family inside, and when he protested, they threatened to shoot him. He was taken to another house and told that fighters inside had been killed; over the course of two days he was forced to enter four times and report back. He added that each time he was kicked and beaten until he agreed.
The Israeli army said that Abd Rabbo asked to enter the house in order to prevent his own house being damaged.
Abd Rabbo told the UN mission he was held detained and handcuffed in a nearby home for two days. He had seen that his own house had been bulldozed but was not aware of the fate of his family, he told the UN mission.
The man was detained until 7 January 2009 and was not reunited with his family until 9 January.
Israel's military advocate general who led the investigation found that the battalion commander responsible for the incident “deviated from authorized and appropriate behavior.” The officer was “convicted and warned” in the disciplinary process, the army statement reported.
Goldstone's report described many cases of the use of “human shields,” but noted the credibility of Abd Rabbo’s case in particular, stating that he recounted events to many NGOs and journalists without material inconsistencies. Further, it noted that an Israeli soldier corroborated Abd Rabbo’s statement in an interview with Israeli organization Breaking The Silence.
In its statement, the Israeli army also cited the alleged shooting of two women who were walking with a group of civilians carrying white flags, an incident also described in the UN report. An internal investigation found it “impossible to make a criminal connection” due to differing testimonies by Palestinians and Israeli soldiers. Israeli soldiers said they shot and killed a man in the same location.
The military judge indicted a soldier with manslaughter charges over the incident, based on evidence he “deliberately targeted an individual walking with a group of people waving a white flag without being ordered or authorized to do so.”
The army report said the incident in which the As-Samouni residence, home to a 100-member family, was struck from the air has been transferred to a Military Police investigation due to its complexity.
The Goldstone report “found numerous instances of deliberate attacks on civilians and civilian objects.” The army statement referred to one such incident, the alleged strike on Ibrahim Al-Maqadmah mosque which the UN said killed at least 15 civilians.
The Israeli army report said initial investigations found the mosque was not hit, but continued that after further investigations, “it became apparent that there was in fact an aerial strike in close proximity to the mosque” which caused “unintentional” injuries to civilians.
The officer who ordered the attack stood trial for negligence and was “rebuked” for his actions, the army said. He will not serve in similar positions in the future, the statement said. The Military Advocate General concluded that “legal measures were not necessary” in this case as “no possibility of harming civilians was identified” when the strike was ordered.
Goldstone’s report expressed concern for the Israeli army’s capability to investigate itself, stating that “After reviewing Israel’s system of investigation and prosecution of serious violations of human rights and humanitarian law, in particular of suspected war crimes and crimes against humanity, the Mission found major structural flaws that in its view make the system inconsistent with international standards.”
http://www.maannews.net/eng/ViewDetails.aspx?ID=297303
Rights groups: Israel used 'human shields' in Gaza
Israeli rights groups found that Israeli forces used “human shields” during the war on Gaza which began December 2008, a report said.
The study, by the Public Committee Against Torture in Israel and the Adalah legal rights organization, was obtained by Israeli news site Ynet, which said the findings echoed the UN fact finding mission headed by Judge Richard Goldstone.
The new report, which was dismissed by an Israeli army spokesman, features testimonies of Palestinians forced to enter homes at gunpoint ahead of Israeli soldiers, and of detainees suffering acts of torture during interrogation, Ynet said.
In a statement Tuesday, the Israeli army said that in 27 out of 30 incidents the UN report described as “grave breaches” of the Fourth Geneva Convention, internal investigations concluded that “legal measures would not be taken.”
http://www.maannews.net/eng/ViewDetails.aspx?ID=297185
Following an internal investigation into the “ethical aspects” of its December 2008 assault on Gaza, which saw at least 1,400 killed, the Israeli army has indicted two soldiers.
An army statement said authorities were investigating the majority of incidents that came to light in the UN fact-finding mission on the Gaza conflict headed by South African jurist Richard Goldstone.
The UN report, which estimated between 1,387 and 1,417 Palestinians were killed in the operation, found that Israeli soldiers committed “grave breaches” of the Fourth Geneva Convention, including “willful killing, torture or inhuman treatment.”
In two of the incidents investigated, two soldiers have been indicted, and one will be investigated by military police, the army said. In all other incidents, the army explained that “it was decided that legal measures would not be taken.”
The first of four incidents referred to in the army statement was the alleged use of Majdi Abd Rabbo, 39, as a human shield. In his testimony to the UN, Abd Rabbo said that on 5 January, 15 Israeli soldiers banged on his door, holding a handcuffed Palestinian man at gunpoint. He recounted that he and his sons were forced to strip while his wife was told to take the trousers off her 14-month-old daughter.
Abd Rabbo said he was held at gunpoint as soldiers searched his house and then ordered to break a hole in the wall dividing the home from his neighbors' with a sledgehammer. When gunshots emanated from next door, soldiers took him to a nearby mosque. Abd Rabbo said soldiers opened fire on his home, with his family inside, and when he protested, they threatened to shoot him. He was taken to another house and told that fighters inside had been killed; over the course of two days he was forced to enter four times and report back. He added that each time he was kicked and beaten until he agreed.
The Israeli army said that Abd Rabbo asked to enter the house in order to prevent his own house being damaged.
Abd Rabbo told the UN mission he was held detained and handcuffed in a nearby home for two days. He had seen that his own house had been bulldozed but was not aware of the fate of his family, he told the UN mission.
The man was detained until 7 January 2009 and was not reunited with his family until 9 January.
Israel's military advocate general who led the investigation found that the battalion commander responsible for the incident “deviated from authorized and appropriate behavior.” The officer was “convicted and warned” in the disciplinary process, the army statement reported.
Goldstone's report described many cases of the use of “human shields,” but noted the credibility of Abd Rabbo’s case in particular, stating that he recounted events to many NGOs and journalists without material inconsistencies. Further, it noted that an Israeli soldier corroborated Abd Rabbo’s statement in an interview with Israeli organization Breaking The Silence.
In its statement, the Israeli army also cited the alleged shooting of two women who were walking with a group of civilians carrying white flags, an incident also described in the UN report. An internal investigation found it “impossible to make a criminal connection” due to differing testimonies by Palestinians and Israeli soldiers. Israeli soldiers said they shot and killed a man in the same location.
The military judge indicted a soldier with manslaughter charges over the incident, based on evidence he “deliberately targeted an individual walking with a group of people waving a white flag without being ordered or authorized to do so.”
The army report said the incident in which the As-Samouni residence, home to a 100-member family, was struck from the air has been transferred to a Military Police investigation due to its complexity.
The Goldstone report “found numerous instances of deliberate attacks on civilians and civilian objects.” The army statement referred to one such incident, the alleged strike on Ibrahim Al-Maqadmah mosque which the UN said killed at least 15 civilians.
The Israeli army report said initial investigations found the mosque was not hit, but continued that after further investigations, “it became apparent that there was in fact an aerial strike in close proximity to the mosque” which caused “unintentional” injuries to civilians.
The officer who ordered the attack stood trial for negligence and was “rebuked” for his actions, the army said. He will not serve in similar positions in the future, the statement said. The Military Advocate General concluded that “legal measures were not necessary” in this case as “no possibility of harming civilians was identified” when the strike was ordered.
Goldstone’s report expressed concern for the Israeli army’s capability to investigate itself, stating that “After reviewing Israel’s system of investigation and prosecution of serious violations of human rights and humanitarian law, in particular of suspected war crimes and crimes against humanity, the Mission found major structural flaws that in its view make the system inconsistent with international standards.”
http://www.maannews.net/eng/ViewDetails.aspx?ID=297303
Rights groups: Israel used 'human shields' in Gaza
Israeli rights groups found that Israeli forces used “human shields” during the war on Gaza which began December 2008, a report said.
The study, by the Public Committee Against Torture in Israel and the Adalah legal rights organization, was obtained by Israeli news site Ynet, which said the findings echoed the UN fact finding mission headed by Judge Richard Goldstone.
The new report, which was dismissed by an Israeli army spokesman, features testimonies of Palestinians forced to enter homes at gunpoint ahead of Israeli soldiers, and of detainees suffering acts of torture during interrogation, Ynet said.
In a statement Tuesday, the Israeli army said that in 27 out of 30 incidents the UN report described as “grave breaches” of the Fourth Geneva Convention, internal investigations concluded that “legal measures would not be taken.”
http://www.maannews.net/eng/ViewDetails.aspx?ID=297185
30 june 2010
Lawmaker says EU must stop funding 'Israeli war machine'
MEP Bairbre de Brún called on the European Commission on Tuesday to stop funding Israeli companies which "develop military technology," until Israel complies with international human rights standards.
De Brún asked the EC to reveal the extent of funding it provides to companies whose research has military applications, which she said “ends up helping the Israeli war machine.”
The MEP referred specifically to Israel Aerospace Industries, which manufactures the Heron unmanned drone, used extensively in Israel’s assault on Gaza which began December 2008.
The EU Parliament endorsed a fact-finding report headed by South African jurist Richard Goldstone, which found evidence of war crimes committed by Israel and Hamas during Operation Cast Lead.
http://www.maannews.net/eng/ViewDetails.aspx?ID=295812
Lawmaker says EU must stop funding 'Israeli war machine'
MEP Bairbre de Brún called on the European Commission on Tuesday to stop funding Israeli companies which "develop military technology," until Israel complies with international human rights standards.
De Brún asked the EC to reveal the extent of funding it provides to companies whose research has military applications, which she said “ends up helping the Israeli war machine.”
The MEP referred specifically to Israel Aerospace Industries, which manufactures the Heron unmanned drone, used extensively in Israel’s assault on Gaza which began December 2008.
The EU Parliament endorsed a fact-finding report headed by South African jurist Richard Goldstone, which found evidence of war crimes committed by Israel and Hamas during Operation Cast Lead.
http://www.maannews.net/eng/ViewDetails.aspx?ID=295812
16 june 2010
Israel army says Gaza soldier may be charged
The Israeli military says it may pursue charges against a soldier who allegedly killed two Palestinian women waving white flags during Israel's assault on the Gaza Strip that began in December 2008.
"The findings of the Military Police Criminal Investigations Division investigation in question have been passed along to the Office of the Military Advocate General for its consideration," the army said in response to a Ma'an inquiry.
"A decision about the continuation of the legal proceedings will be taken upon the conclusion of that process," the military explained in a written statement. "In accordance with standard procedure, the soldier was informed of his right to request a hearing before a decision is rendered. Since no decision has yet been taken, we cannot provide additional information at the present time."
The allegations against the soldier, reportedly a member of the army's Givati brigade, were raised in South African jurist Richard Goldstone's UN-backed fact-finding mission on the Gaza conflict.
In November, an Israeli military prosecutor indicted two soldiers on charges they made use of a Palestinian boy as a human shield during the three-week assault. The military alleged that the accused, both unidentified, engaged in unauthorized conduct when they allegedly instructed a Gaza boy to open several bags suspected to be booby-trapped with explosives.
Israel army says Gaza soldier may be charged
The Israeli military says it may pursue charges against a soldier who allegedly killed two Palestinian women waving white flags during Israel's assault on the Gaza Strip that began in December 2008.
"The findings of the Military Police Criminal Investigations Division investigation in question have been passed along to the Office of the Military Advocate General for its consideration," the army said in response to a Ma'an inquiry.
"A decision about the continuation of the legal proceedings will be taken upon the conclusion of that process," the military explained in a written statement. "In accordance with standard procedure, the soldier was informed of his right to request a hearing before a decision is rendered. Since no decision has yet been taken, we cannot provide additional information at the present time."
The allegations against the soldier, reportedly a member of the army's Givati brigade, were raised in South African jurist Richard Goldstone's UN-backed fact-finding mission on the Gaza conflict.
In November, an Israeli military prosecutor indicted two soldiers on charges they made use of a Palestinian boy as a human shield during the three-week assault. The military alleged that the accused, both unidentified, engaged in unauthorized conduct when they allegedly instructed a Gaza boy to open several bags suspected to be booby-trapped with explosives.
At the time, an Israeli military source told Ma'an that the human shield incident was just one among 150 incidents being investigated. Of those, about 40 have been elevated to criminal investigations.
For its part, the army emphasized that its soldiers were forbidden from making use of civilians before or during the conflict, which left some 1,400 Palestinians and 13 Israelis dead, when a maneuver endangered the lives of non-combatants.
"The IDF is carrying out detailed investigations of various events from Operation Cast Lead," the army said, emphasizing that its investigation was opened in June 2009 and thus "completely unrelated" to a September 2009 UN report that found evidence the Israeli military, along with its Palestinian opponents, may have committed war crimes and crimes against humanity during the Gaza assault.
The final report of Goldstone's mission urged Israel's military to investigate allegations of war crimes and to hold its forces and leaders responsible on an individual level.
To date, however, only two soldiers have been prosecuted for crimes committed during the onslaught -- both for the theft of a Palestinian's credit card that was later used inside Israel.
http://www.maannews.net/eng/ViewDetails.aspx?ID=292427
For its part, the army emphasized that its soldiers were forbidden from making use of civilians before or during the conflict, which left some 1,400 Palestinians and 13 Israelis dead, when a maneuver endangered the lives of non-combatants.
"The IDF is carrying out detailed investigations of various events from Operation Cast Lead," the army said, emphasizing that its investigation was opened in June 2009 and thus "completely unrelated" to a September 2009 UN report that found evidence the Israeli military, along with its Palestinian opponents, may have committed war crimes and crimes against humanity during the Gaza assault.
The final report of Goldstone's mission urged Israel's military to investigate allegations of war crimes and to hold its forces and leaders responsible on an individual level.
To date, however, only two soldiers have been prosecuted for crimes committed during the onslaught -- both for the theft of a Palestinian's credit card that was later used inside Israel.
http://www.maannews.net/eng/ViewDetails.aspx?ID=292427
3 june 2010
NGOs at ICC: Flotilla deaths latest in Israeli criminal acts
International NGOs gathered in Kampala, Uganda for the International Criminal Court Review Conference, rallied together and issued a joint call for an "end to impunity" for Israel following its attack on the Freedom Flotilla.
In the statement, issued on Wednesday, NGO representatives said they were "shocked by Israel’s killing and injury of civilians carrying humanitarian supplies to Gaza," and called on the international community "to immediately take all appropriate measures in response to this unacceptable violence."
Signed by 33 high-profile organizations from around the globe, the group called the death of at least 10 passengers aboard the aid flotilla a tragedy, that was the "result of the prolonged impunity granted to Israel by the international community, despite Israel's documented, persistent disregard for international and humanitarian law in the Occupied Palestinian Territory (OPT) and its violation of fundamental human rights, including the right to life."
The UN and the UN Human Rights Committee area both awaiting findings of an internal Israeli investigation into allegations by justice Richard Goldstone, dispatched by the international body to investigate allegations of war crimes. Goldstone's report found the allegations credible, and recommended that internal probes be completed by Israel and Hamas. If the governments are unable to complete appropriate investigations, Goldstone recommended the matter be handed over to the ICC.
In their statement, the review conference participant NGOs said Israel's latest actions, in addition to earlier actions "entail criminal responsibility; however, so far no concrete action has been taken and impunity is a long standing feature of Israel's illegal occupation policy."
Citing Goldstone's UN Fact Finding Mission on the Gaza Conflict, the NGOs noted that the "prolonged situation of impunity has created a justice crisis in the Occupied Palestinian Territory that warrants action.”"
The statement noted that "It is a self evident truth that law becomes meaningless if not enforced."
Signatories include:
NGOs at ICC: Flotilla deaths latest in Israeli criminal acts
International NGOs gathered in Kampala, Uganda for the International Criminal Court Review Conference, rallied together and issued a joint call for an "end to impunity" for Israel following its attack on the Freedom Flotilla.
In the statement, issued on Wednesday, NGO representatives said they were "shocked by Israel’s killing and injury of civilians carrying humanitarian supplies to Gaza," and called on the international community "to immediately take all appropriate measures in response to this unacceptable violence."
Signed by 33 high-profile organizations from around the globe, the group called the death of at least 10 passengers aboard the aid flotilla a tragedy, that was the "result of the prolonged impunity granted to Israel by the international community, despite Israel's documented, persistent disregard for international and humanitarian law in the Occupied Palestinian Territory (OPT) and its violation of fundamental human rights, including the right to life."
The UN and the UN Human Rights Committee area both awaiting findings of an internal Israeli investigation into allegations by justice Richard Goldstone, dispatched by the international body to investigate allegations of war crimes. Goldstone's report found the allegations credible, and recommended that internal probes be completed by Israel and Hamas. If the governments are unable to complete appropriate investigations, Goldstone recommended the matter be handed over to the ICC.
In their statement, the review conference participant NGOs said Israel's latest actions, in addition to earlier actions "entail criminal responsibility; however, so far no concrete action has been taken and impunity is a long standing feature of Israel's illegal occupation policy."
Citing Goldstone's UN Fact Finding Mission on the Gaza Conflict, the NGOs noted that the "prolonged situation of impunity has created a justice crisis in the Occupied Palestinian Territory that warrants action.”"
The statement noted that "It is a self evident truth that law becomes meaningless if not enforced."
Signatories include:
|
Palestinian Centre for Human Rights (PCHR)
International Federation of Human Rights (FIDH) Centre for Constitutional Rights (CCR, USA) Turkish Coalition for the ICC Track Impunity Always (TRIAL) Kenyan Section of the International Commission of Jurists Gender Justice Initiative Fondazione Internazionale Lelio Basso (Italy) Cairo Institute for Human Rights University College Dublin, (Ireland) Africa Freedom of Information Centre Uganda Joint Christian Council Human Rights Network – Uganda Uganda Women and Children Organisation (UWCO) Hope After Rape (HAR, Uganda) Disabled Women’s Network & Resource Organisation in Uganda (DWMRO) Cameroon Coalition for Human Rights |
Iranian Islamic Human Rights Commission
Kituo Cha Sheria (Kenya) Coalition for Justice and Accountability (Sierra Leone) Colombian Comission of Jurists Network Movement for Democracy Human Rights (NMDHR, Sierra Leone) Mexican Commission for the Defense and Promotion of Human Rights Indonesian Civil Society Coalition for the ICC (ICSLCC) Ligue pour la Paix et les Droits de l’Homme (LIPADHO, DRC) Synergie des ONG’s Congolaise pour les Victimes (SYCOVI, DRC) Femme pour la Paix, le Developpement et les Droit de l’Homme (DRC) Sierra Leone Coalition for the ICC Association Espanola De Derecho International De Derechos Humanos (AEDIDH) Justice Without Frontiers Lebanese Centre for International Law and Human Rights La Coalition Marocain Pour La Cour Penal Internationale Institute for Justice and Reconciliatio |
17 may 2010
Amnesty report says Israeli crimes ongoing
Amnesty International's 2010 report, released on Wednesday, revived the issue of Israeli war crimes committed during the country's war on Gaza last winter, and faulted western nations for failing to hold the nation to account.
During the 22-day Operation Cast Lead, Israel "carried out indiscriminate and disproportionate attacks against civilians, targeted and killed medical staff, used Palestinian civilians as ‘human shields’ and indiscriminately fired white phosphorus over densely populated residential areas," the report reminded.
The report also detailed violence by Palestinian factions, and inter-Palestinian rivalry, and urged all parties to work toward a better human rights situation in the area.
Sharp rebukes, however, were saved for Israel. Amnesty International’s Israel director Itai Epstein was quoted in the daily Jerusalem Post, recalling the UN-mandated Goldstone report, which found grounds for charges of war crimes by Israel and Gaza resistance factions, which, - if Israel and Hamas fail to conduct independent investigations of the allegations - could well be referred to the International Criminal Court.
“Both Israel and Hamas owe a responsibility to the victims of the conflict,” said Epstein.
Epstein said that since Operation Cast Lead he has identified a deterioration in the state’s treatment of human rights groups.
“We in Amnesty International, as well as Israeli human rights organizations, have been coming under severe criticism and attack by government officials. We are worried about a public atmosphere that opposes human rights driven by the state’s leaders,” he said.
The 430-page report, with one chapter dedicated to rights abuses in Israel and the Palestinian areas it occupies, details rights violations well beyond the continuing aftermath of Operation Cast Lead.
Movement and access restrictions in the West Bank, ongoing raids and detention campaigns and Israel's treatment of minorities - including Palestinian citizens and residents of the country - are addressed in the document. The siege on Gaza is also discussed, and holds Israel accountable for an "ongoing humanitarian crisis," with a blockade the organization calls illegal.
“The restrictions included a military blockade of the Gaza Strip, which effectively imprisoned the 1.5 million residents and resulted in a humanitarian crisis.
“Despite this, Israel often stopped international aid and humanitarian assistance from entering Gaza. Permission to leave Gaza to receive medical treatment was denied or delayed for hundreds of seriously ill Palestinians and at least 28 individuals died while waiting for permission to travel,” the report said.
Palestinian politics also censured by report
In a testiment to the complex realities faced by Palestinians in the West Bank and Gaza, the Amnesty report also detailed rights violations by the Gaza and Ramallah governments, particularly around politically-motivated detentions, and a lack of oversight for political bodies and security services.
During Israel's Operation Cast Lead, which killed more than 1,400 Palestinians, “More than 30 individuals were summarily killed [by members of the Gaza government police and security forces]. Scores of others were shot in the legs, kneecapped or otherwise injured in ways intended to cause permanent disability, or they were severely beaten or otherwise tortured or ill-treated. These abuses were committed with impunity, with the apparent approval of the Hamas leadership," the report noted.
The report noted that the violence and repression lead to severe restrictions on freedom of expression for Palestinians, and expressed real concern over the deteriorating conditions for Palestinians throughout the region.
http://www.maannews.net/eng/ViewDetails.aspx?ID=287428
Hamas calls Amnesty report a joke
Hamas' Salah Al-Bardawil said Amnesty International's comparison of resistance projectiles to Israel's war on Gaza last year must have been done in irony, given the total misalignment of consequences of the two.
"Tens of thousands of Palestinians were killed or disfigured, their limbs were amputated or they lost their homes," the Hamas official said of Israeli strikes on Gaza and the impact of the country's Operation Cast Lead last winter.
In comparison, he noted, few injuries or damages have been reported as a result of the resistance fighters projectiles. One Thai man was, however, killed earlier in the year.
Al-Bardawil called the comparison of the two situations a "big mistake" and berating authors of the annual report for "just thinking of comparing between the attacker and the victim to justify its denunciation of the Israeli occupation."
Citing the still-visible destruction from the war on Gaza, since Israel's blockade on the area has largely prevented construction and repair equipment into the Strip, he said "the occupier must be criminalized, to do anything else is unfair to Palestinians."
Comparing the weapons used by Israeli forces and the home-made projectiles of the resistance factions, Al-Bardawil asked how a giant arsenal could be put beside cobbled rockets.
He called on Amnesty to re-evaluate its report, and read the materials submitted by Hamas to investigations committees that preceded the publication of the Goldstone report.
http://www.maannews.net/eng/ViewDetails.aspx?ID=287676
Amnesty report says Israeli crimes ongoing
Amnesty International's 2010 report, released on Wednesday, revived the issue of Israeli war crimes committed during the country's war on Gaza last winter, and faulted western nations for failing to hold the nation to account.
During the 22-day Operation Cast Lead, Israel "carried out indiscriminate and disproportionate attacks against civilians, targeted and killed medical staff, used Palestinian civilians as ‘human shields’ and indiscriminately fired white phosphorus over densely populated residential areas," the report reminded.
The report also detailed violence by Palestinian factions, and inter-Palestinian rivalry, and urged all parties to work toward a better human rights situation in the area.
Sharp rebukes, however, were saved for Israel. Amnesty International’s Israel director Itai Epstein was quoted in the daily Jerusalem Post, recalling the UN-mandated Goldstone report, which found grounds for charges of war crimes by Israel and Gaza resistance factions, which, - if Israel and Hamas fail to conduct independent investigations of the allegations - could well be referred to the International Criminal Court.
“Both Israel and Hamas owe a responsibility to the victims of the conflict,” said Epstein.
Epstein said that since Operation Cast Lead he has identified a deterioration in the state’s treatment of human rights groups.
“We in Amnesty International, as well as Israeli human rights organizations, have been coming under severe criticism and attack by government officials. We are worried about a public atmosphere that opposes human rights driven by the state’s leaders,” he said.
The 430-page report, with one chapter dedicated to rights abuses in Israel and the Palestinian areas it occupies, details rights violations well beyond the continuing aftermath of Operation Cast Lead.
Movement and access restrictions in the West Bank, ongoing raids and detention campaigns and Israel's treatment of minorities - including Palestinian citizens and residents of the country - are addressed in the document. The siege on Gaza is also discussed, and holds Israel accountable for an "ongoing humanitarian crisis," with a blockade the organization calls illegal.
“The restrictions included a military blockade of the Gaza Strip, which effectively imprisoned the 1.5 million residents and resulted in a humanitarian crisis.
“Despite this, Israel often stopped international aid and humanitarian assistance from entering Gaza. Permission to leave Gaza to receive medical treatment was denied or delayed for hundreds of seriously ill Palestinians and at least 28 individuals died while waiting for permission to travel,” the report said.
Palestinian politics also censured by report
In a testiment to the complex realities faced by Palestinians in the West Bank and Gaza, the Amnesty report also detailed rights violations by the Gaza and Ramallah governments, particularly around politically-motivated detentions, and a lack of oversight for political bodies and security services.
During Israel's Operation Cast Lead, which killed more than 1,400 Palestinians, “More than 30 individuals were summarily killed [by members of the Gaza government police and security forces]. Scores of others were shot in the legs, kneecapped or otherwise injured in ways intended to cause permanent disability, or they were severely beaten or otherwise tortured or ill-treated. These abuses were committed with impunity, with the apparent approval of the Hamas leadership," the report noted.
The report noted that the violence and repression lead to severe restrictions on freedom of expression for Palestinians, and expressed real concern over the deteriorating conditions for Palestinians throughout the region.
http://www.maannews.net/eng/ViewDetails.aspx?ID=287428
Hamas calls Amnesty report a joke
Hamas' Salah Al-Bardawil said Amnesty International's comparison of resistance projectiles to Israel's war on Gaza last year must have been done in irony, given the total misalignment of consequences of the two.
"Tens of thousands of Palestinians were killed or disfigured, their limbs were amputated or they lost their homes," the Hamas official said of Israeli strikes on Gaza and the impact of the country's Operation Cast Lead last winter.
In comparison, he noted, few injuries or damages have been reported as a result of the resistance fighters projectiles. One Thai man was, however, killed earlier in the year.
Al-Bardawil called the comparison of the two situations a "big mistake" and berating authors of the annual report for "just thinking of comparing between the attacker and the victim to justify its denunciation of the Israeli occupation."
Citing the still-visible destruction from the war on Gaza, since Israel's blockade on the area has largely prevented construction and repair equipment into the Strip, he said "the occupier must be criminalized, to do anything else is unfair to Palestinians."
Comparing the weapons used by Israeli forces and the home-made projectiles of the resistance factions, Al-Bardawil asked how a giant arsenal could be put beside cobbled rockets.
He called on Amnesty to re-evaluate its report, and read the materials submitted by Hamas to investigations committees that preceded the publication of the Goldstone report.
http://www.maannews.net/eng/ViewDetails.aspx?ID=287676
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