Universality of Human Rights: The Gaza War

This op-ed was published September 17, 2009 in the New York Times.

Justice in Gaza by Richard Goldstone

I ACCEPTED with hesitation my United Nations mandate to investigate alleged violations of the laws of war and international human rights during Israel’s three-week war in Gaza last winter. The issue is deeply charged and politically loaded. I accepted because the mandate of the mission was to look at all parties: Israel; Hamas, which controls Gaza; and other armed Palestinian groups. I accepted because my fellow commissioners are professionals committed to an objective, fact-based investigation.

But above all, I accepted because I believe deeply in the rule of law and the laws of war, and the principle that in armed conflict civilians should to the greatest extent possible be protected from harm.

In the fighting in Gaza, all sides flouted that fundamental principle. Many civilians unnecessarily died and even more were seriously hurt. In Israel, three civilians were killed and hundreds wounded by rockets from Gaza fired by Hamas and other groups. Two Palestinian girls also lost their lives when these rockets misfired.

In Gaza, hundreds of civilians died. They died from disproportionate attacks on legitimate military targets and from attacks on hospitals and other civilian structures. They died from precision weapons like missiles from aerial drones as well as from heavy artillery. Repeatedly, the Israel Defense Forces failed to adequately distinguish between combatants and civilians, as the laws of war strictly require.

Israel is correct that identifying combatants in a heavily populated area is difficult, and that Hamas fighters at times mixed and mingled with civilians. But that reality did not lift Israel’s obligation to take all feasible measures to minimize harm to civilians.

Our fact-finding team found that in many cases Israel could have done much more to spare civilians without sacrificing its stated and legitimate military aims. It should have refrained from attacking clearly civilian buildings, and from actions that might have resulted in a military advantage but at the cost of too many civilian lives. In these cases, Israel must investigate, and Hamas is obliged to do the same. They must examine what happened and appropriately punish any soldier or commander found to have violated the law.

Unfortunately, both Israel and Hamas have dismal records of investigating their own forces. I am unaware of any case where a Hamas fighter was punished for deliberately shooting a rocket into a civilian area in Israel — on the contrary, Hamas leaders repeatedly praise such acts. While Israel has begun investigations into alleged violations by its forces in the Gaza conflict, they are unlikely to be serious and objective.

Absent credible local investigations, the international community has a role to play. If justice for civilian victims cannot be obtained through local authorities, then foreign governments must act. There are various mechanisms through which to pursue international justice. The International Criminal Court and the exercise of universal jurisdiction by other countries against violators of the Geneva Conventions are among them. But they all share one overarching aim: to hold accountable those who violate the laws of war. They are built on the premise that abusive fighters and their commanders can face justice, even if their government or ruling authority is not willing to take that step.

Pursuing justice in this case is essential because no state or armed group should be above the law. Western governments in particular face a challenge because they have pushed for accountability in places like Darfur, but now must do the same with Israel, an ally and a democratic state.

Failing to pursue justice for serious violations during the fighting will have a deeply corrosive effect on international justice, and reveal an unacceptable hypocrisy. As a service to the hundreds of civilians who needlessly died and for the equal application of international justice, the perpetrators of serious violations must be held to account.

Richard Goldstone, the former chief prosecutor for war-crime tribunals on Rwanda and the former Yugoslavia, is the head of the United Nations Fact-Finding Mission on the Gaza Conflict.

Action Alert: Demonstration next Wednesday the 9th End the Siege on Gaza!

This coming Wednesday, UB SJP will be hosting an on-campus protest of the ongoing siege of Gaza. The protest will be at noon in Founders plaza right outside Capen hall.

Our reasons for protest are below:

The Israeli army has besieged the tiny coastal strip of Gaza for 26 months now, beginning July of 2007. UBSJP would like to help the International community force Israel to end the siege. As citizens of the United States, we have the most say. The US army supplied Israel with many of the arms used in the conflict, and with much of the money. In one year, the United States gives Israel more aid money than it does all of Africa, read ALL OF AFRICA! That is to the tune of 3 billion dollars. In addition, the US army has special deals with the Israeli defense forces and is given billions of dollars in government-funded loans approved by congress. We want to stop this funding until Israel has ended its siege on Gaza.

The Siege has carried on for 26 months, beginning in July of 2007. In January of 2009, the Israeli army began a three-week Military campaign entitled “Operation Cast Lead.” The figures below are from that attack.

Palestinians killed: 1417, 926 civilians of which over 400 were children.
Palestinians injured: 5,303
Israelis killed: 13
Israelis wounded: 518
Gazans displaced: over 50, 800
2 billion worth of damage to Gaza
4000 homes destroyed
400,000 left without running water
80 government buildings hit

Amnesty International, Human Rights Watch, Israeli human rights group B’tselem, United Nations. These organizations have accused Israel of the following illegal actions:

Using Human Shields
Collective punishment
Near Starvation
Use of White Phosphorous in a densely populated area
Bombing of Red Crescent trucks
Killing of non-combatants and minors
Bombing of schools
Bombing of hospitals
Prohibiting access to medical care
Restricting movement
Lack of proportionality
Destruction of homes and property
Denial of emergency relief and humanitarian aid to the strip

The Israeli army has continued to besiege Gaza since the January offensive. Palestinians have not been able to leave, rebuild their homes, or restart their lives. They are forced to rely on smuggling tunnels under the Egyptian border. Please come out to the protest and help stop this humanitarian catastrophe!

Palestinian PM Fayyad Inteverview with Israeli Newspaper Haaretz

The following is an interview conducted by Haaretz correspondent Akiva Eldar of Palestinian Prime Minister Salam Fayyad who in the past worked for the International Monetary Fund.

Israel's character is it's own business. It is not up to the Palestinians to define it, Palestinian Authority Prime Minister Salam Fayyad said Thursday, when asked about Prime Minister Benjamin Netanyahu's demand the Palestinians recognize Israel as a Jewish state.

"Israel's character is Israel's business and nobody else's," Fayyad says in an interview with Haaretz.

"The character of Israel, as the total character that Israel would like to have, is Israel's own choice. It characterizes itself in the way that it wishes to characterize itself. Why raise it now? Why would you want to settle it now when we haven't settled anything else? Needless to say, however which way Israel decides to characterize itself as a product of the political system of Israel, is [up to] Israel. This condition wasn't mentioned in the Oslo Accords, and I see no room to set new conditions or preconditions for the negotiations. Until today all we received in exchange for recognizing the two-state solution and stopping the armed struggle was your recognition of the Palestine Liberation Organization as the Palestinian people's representative," he says.

To see rest of article...click here.

Interview with Ilan Pappe

Not to let anything be known before it should, here is a peak at the mind of Ilan Pappe, famous Israeli Historian and Faculty Professor at the University of Exeter.

Controversial historian Ilan Pappe left Israel last year after his endorsement of an academic boycott of Israel exposed him and his family to death threats. Now a professor in England, Pappe maintains that a cultural boycott on his homeland is the only way to end the occupation

Ayelet Negev Published: 03.15.08, 23:49 / [1] Israel News

Last summer, the Pappe family packed its belongings, rented out its spacious house in Israel and moved to Britain. Ever since his support of an academic boycott on Israel’s universities became public, historian Ilan Pappe, 54, has felt like public enemy number one. Pappe says he had received death threats by phone almost on a daily basis.

Did it not occur to you that calling for an academic boycott on Israel might incite the public against you?

“I supported the boycott because I believe that without pressure, Israel will not end the occupation. Even before then I reached the conclusion that the peace process enables Israel to stall for time. When in 2003 several international organizations approached me and asked whether I would support the boycott I replied positively.

“I believe that things would change only if Israel receives a strong message that as long as the occupation continues it would not be a legitimate member of the international community, and that until then its academics, doctors and authors would not be welcome. A similar boycott was imposed on South Africa. It took 21 years, but it eventually led to the end of Apartheid.”

Do you also call for an economic boycott of Israel?

“I am currently editing a book that compares the situation in Israel to the situation in South Africa, and I’m becoming convinced that there too, the economic boycott was less effective than the cultural one. As the son of German Jews, I know how important it is for our elites to be a part of Europe.”

Did you wholeheartedly support the boycott?

“No, you can’t wholeheartedly recommend a boycott of your society, especially when it includes you place of work, the Haifa University… The last thing I enjoy is being the person that holds up a mirror to his society’s face and says, ‘Look how ugly you are.’ Some people like to challenge and incite their neighbors. I’m not like that, I don’t write in order to annoy and I certainly don’t hate myself, and I also love many people in Israel. I did not commit treason.

“But, I’m a historian, and this is the truth the way I see it: The story of a victim and a victimizer. And the victim is the Palestinians. Without idealizing the Palestinians -victims are not necessarily nice people, but they are still victims.”

Pappe claims that his promotion at Haifa University has been blocked due to his political activity. “Provincial Haifa was unwilling to grant me the rank of a professor. I left for England as a doctor and in two days I climbed two ranks and became a faculty professor at the University of Exeter,” he states.

However, Haifa University President Aharon Ben-Zeev claims that the university applied only relevant considerations in the question of Pappe’s promotion. “We applied the regular criteria according to the university’s constitution: Not only the list and quality of publications, but other considerations pertaining to the contribution to the university, teaching and so on,” he explained.

Claims of ethnic cleansing

In an article published in the Israeli Mita’am Review for Literature and Radical Thought this week, titled “On the destruction of the Palestinian cities, spring 1948,” Pappe maintains that the claim that the Arab residents fled or left their homes willingly during the war is false, and that a policy of “cleansing” the area from Arabs was employed as part of a plan to establish a Jewish-only state.

Pappe made similar claims in his book The Ethnic Cleansing of Palestine, which was published in England in 2006, in which he also presented testimonies of alleged massacres of Palestinians by Jewish soldiers.

These claims have been contested by many historians in Israel and abroad. Dr. Mordechai Bar-On, a research fellow at the Yad Ben-Zvi Institute and a former MK, calls Pappe “a propagandist, not a historian.” Bar-On said that “the term ethnic cleansing is a vicious one, because it has never been used prior to the wars in former Yugoslavia. Indeed, there were places where Arab were expelled… but to say that there was an evil plan since the inception of Zionism for a forceful transfer – this is simply wrong and vicious.”

However, Pappe insists that allowing the Palestinian refugees to return to Israel is the only thing that could secure peace in the region.

Would you be willing to vacate your home when they return to what used to be their villages near your house in Tivon?

“After years of working with refugees around the world and attending conferences on the right of return, I believe that no such notion exists on the Palestinian side. They want to return while understanding that they will live alongside the Jews. They don’t want to expel anyone. What turned me into a great lover of the Palestinians is the will of many among them to share the land with us. Even people in Hamas.

“The reason most of my friends in the territories voted for Hamas wasn’t because they didn’t want to share the land with the Israelis, but because they thought Hamas would be more effective in the struggle against the occupation.”

By using terror?

“They don’t consider this to be terror. Fatah and Hamas employ the tools of the weak, because they don’t have planes or tanks. They are as violent as the Israelis, no more or less, with only one difference: The difference between the violence of the occupier and the violence of those fighting occupation.”

An article you wrote titled “Genocide in Gaza, ethnic cleansing in the West Bank” was published in the Tehran Times about a month ago. Are you providing the enemy with weapons against us?

“On the contrary, I wish to speak to the people in Iran. A Jordanian newspaper wrote in its editorial a year ago that absurdly, I am Israel’s best ambassador in the Arab world, because they say – if such Israelis exist, maybe there’s hope for peace with the Jewish state.”

Would you like your sons to serve in the army?

“It’s their decision, but I preferred it if they didn’t. As long as Israel has an occupying army, a rather cruel army, I wouldn’t want them to be part of it… I don’t think there is one moral person in the world that supports what Israel stands for. And it pains me to say this. I truly love the country, I would very much like to live in it, but I very much dislike my state. Everything related to its policy against the Palestinians makes me very angry.”
Pappe denies being more sensitive to the suffering of Palestinians than to that of Israelis. “I’m shocked when I see the child who lost his leg in Sderot, and I’m shocked when I see a child killed in Gaza. But as long as Israel maintains its stance that the Palestinian issue can be resolved by force, the Palestinian side will respond with force.

“Once we realize that the only way is to relinquish some of out holy ideas, and once the Palestinians give up the idea of nationalism, and once they realize that there needs to be one state here that isn’t Jewish nor Palestinian, but a state of all its citizens, like in the US, we will have peace.”

Naqba denial in textbooks

According to the Associated Press in Jerusalem, Israel has chosen to strike references to al-naqba from textbooks for Arab schoolchildren. The term is already absent from textbooks for Jewish children, but will now be absent from textbooks for Arab schoolchildren as well. This is a gross oppression of thought.

According to Education Minister Gideo Saar, in an address to the Israeli parliament: "No other country in the world, in its official curriculum, would treat the fact of its founding as a catastrophe." I in fact remember quite clearly learning about the oppression and murder of Native Americans in this country, the trail of tears specifically, and I also remember learning about slavery. So, I must disagree with Mr. Saar, there are countries which in their official curriculum teach the diverse opinions surrounding their founding (though, as Americans we still belittle the Native American genocide brought on by white colonization).

Furthermore, nationalist actions such as this only weaken efforts at reconciliation between the two sides. A Jewish child brought up ignorant of history will only be more likely to misunderstand an Arab child's fury on Israel Independence day, while an Arab child taught to ignore his own people's past will only feel hatred toward those who oppress the truth. There will be no reconciliation between the sides without understanding and there will be no understanding without proper education. Measures such as this should never be allowed and we here at UBSJP will do our best to promote both truths of May 14, 1948.

To see the AP article, click here: Israel cuts Palestinian narrative from texts

Palestinians reject any deal between Israel-US allowing for settlement growth to continue

Reuters published today an article titled, "Palestinians reject any Israel-U.S. settlement deal." I find the title misleading as any casual observer would be led to believe the Palestinians are "rejectionists," a term used to negatively convey any Arab state who is "refusing" to negotiate with Israel. The article is actually discussing Palestinian discontent about a recent Maariv (Israeli newspaper) report, which stated that the US and Israel had come to an agreement allowing for the construction of 2,500 housing units in the West Bank. The report was denied by the US state department; however, Israeli officials have refused to comment on the report, neither denying nor confirming the Maariv report. Palestinians are reasonably concerned about such reports.

Over the years of the Oslo negotiations (the failed peace talks of 1993-2000), settlements increased by 78% at a previously unseen pace. This while the American public was flooded with reports of peace talks. The reason for such an increase in growth during peace talks is up to speculation. Gershom Gorenberg, a noted Israeli author, believes it is related to settlers fearing the end of settlements and thus rushing to complete construction, while Israeli authorities work parallel to the settlers to solidify West Bank land grabs and thus change "the realities on the ground," to quote from Taba. I agree with Gorenberg on why settlements have grown most prodigiously during peace talks and thus fear any peace talks, which do not begin on the condition that settlement growth stop. The peace talks would serve again to deflect attention away from the issue of settlements, while settlers grow untended in numbers, and peace talks amble along. Peace "talks," a favorite of the Western powers working to end the conflict, are never guaranteed to lead to peace (exhibit a: the Oslo years). Therefore, it is crucial that the realities on the ground do not change and the chance for a two-state solution is not lost.

The Palestinian negotiators seem to feel the same way: there is no negotiations with Israel without a stop to settlements. According to Saeb Erekat, "There are no middle-ground solutions for the settlement issue: either settlement activity stops or it doesn't stop." I still feel strongly that Reuters has however taken what is truly a reasonable Palestinian position (one shared by the US and its President) and made it out to be unreasonable, radical, and out of step with the US and Israel. Meanwhile, the US remains clear of any criticism for its hypocritical actions, and Israel appears to be the victim of Palestinian inflexibility,asking for a reasonable exemption: "we only want 'natural growth', Daddy Obama." In summary, Reuters has expertly crafted another article painting the Palestinians in negative light and avoiding strong criticism of Israeli intransigence on settlements.

One lesson for Reuters reporters: ACTIONS SPEAK LOUDER THAN WORDS.

Gaza: Two Palestinian girls stand on the balcony of their bullet riddled home

Palestinian girls stand on the balcony of the ruined house in Rafa, hit during Israel's 22-day offensive against Gaza earlier this year, 2 July 2009 (Photo SAID KHATIB/AFP)