Israel's Gas Dream – The End Is Nigh

In the five years since the discovery of the Tamar and Leviathan natural gas fields off the coast of Israel, the Israeli energy discourse has focused on questions like what to do with the gas, how much of it to export and to whom, and what the fairest distribution of profits would be among the gas partners, headed by Noble Energy and Delek Energy, and the Israeli public.

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But after years of delays and billions of dollars spent, a new and increasingly likely scenario should be considered – the premature – and tragic – death of the Israeli gas dream. I alluded to this option in an August 2013 article titled "Israel's Zero Gas Game" in which I warned that Israel has become so busy dividing the pie that its leaders forgot it must first be baked and that due to the failure of the government to present a clear vision for the country's energy sector, articulate the rights and responsibilities of foreign investors and most importantly set rules and stick to them, "the gas will be left in the ground and the startup nation will be more worthy of the title 'shutdown nation'." Perhaps that sounded crazy at the time. Today, with the decision of the Israeli Anti-Trust Authority to revoke an arrangement permitting Noble-Delek partners to develop Leviathan, declaring them a cartel - a move that will require the separation of Leviathan from Tamar and the sale of Leviathan to a new partnership, effectively postponing the development of Leviathan indefinitely - the scenario of "zero gas" - and perhaps even the withdrawal of Noble from Israel altogether - should be considered seriously.

In deciding to enter Israel Noble has taken a huge financial, regulatory and geopolitical risk. However, the size of the discoveries, the potential of finding oil under the gas layers and the doubling of the company's market capitalization made the move easy to justify to its shareholders. But the Texas company, the only international energy company that was willing to set foot in Israel, was welcomed with no red carpet. Instead it was ushered through a Via Dolorosa of bureaucratic torture which eliminated any chance for gas production before the end of 2018 – ten years from the beginning of exploration. A ten year lead time from discovery to production is a lot to ask of a publicly traded company which has to satisfy quarterly thinking and profit hungry shareholders. But in light of Noble's recent stock performance, dropping from $80 in the summer to $50 today, the decision of the Israeli government provides an impetus to the company's leadership, not to mention the new CEO David Stover, to reconsider the commitment to Israel and begin to seek greener pastures.

There are very few oil and gas companies who have both the experience of drilling in deep waters and the willingness to associate themselves with Israel, especially in light of Noble's experience.

The Israeli government's ruling has huge implications for the future of the region as it means that at best the supply of gas from Leviathan will be delayed into the 2020s. At worst it will not happen at all. The government's concern about a gas monopoly is a legitimate one, especially during an election campaign when issues of cost of living dominate the local political discourse. But its hopes that the hot potato called Leviathan can somehow be sold to new partners require a lot of faith. There are many people with money who may be tempted to buy into a partnership in a 22 trillion cubic feet (tcf) field, but owning a stake in a gas field without an operator at hand is like owning a gold mine on the moon. There are very few oil and gas companies who have both the experience of drilling in deep waters and the willingness to associate themselves with Israel, especially in light of Noble's experience. With falling energy prices worldwide, the chance of a Noble-like operator popping out of nowhere is slim. This means that in its desire to avoid the creation of a monopoly, Israel is taking the risk that Leviathan, the world's largest offshore gas discovery of the past decade, will not be developed for many years to come - if ever. The losers will first and foremost be the Israeli people who will lose not only billions of dollars in tax revenue and the main engine of growth of their economy but also the prospects of securing their energy supply for generations. The scenario is equally bad for Jordan, Egypt and the Palestinian Authority who are counting on Leviathan gas for their economic well-being and which have all signed letters of intent to buy Israeli gas despite local opposition from their respective Israel-hating Islamists. Europe will also be a casualty since a portion of Leviathan was aimed for two LNG terminals in Egypt from where it would have been shipped to European countries aspiring to become less dependent on Russia's gas.

Other than the handful of lawyers who will earn millions litigating the dispute between Noble and the Israeli government in international courts, the biggest winner will be Cyprus. In December 2011 Noble announced the discovery of 7 tcf in a field northwest of Leviathan called Aphrodite (block 12). Other blocks have been opened for bids since attracting interest from a handful of large oil and gas companies including Total of France, Kogas of South Korea, ENI of Italy and Petronas of Malaysia. But with all eyes on Leviathan, Cyprus became an uninteresting side show. This may soon change. Cyprus may not be a paragon of regulatory stability and certainly not an investors' haven and its tense relations with Turkey pose some geopolitical risk, but the fatigue from Israel's energy shenanigans could bring about a shift from Israel to Cyprus as the new center of gravity in the East Mediterranean energy play.

There is no polite way of saying this. Israel's latest decision is tantamount to nationalization of the kind seen in Argentina, Venezuela, Mexico and Russia. All of those governments sugarcoated their decision invoking the need to protect the public interest. The investment community and global oil industry got the message and wrote off those countries. With this miserable decision, Israel has just lodged itself into this notorious club. The price will be paid in spades – and sooner than most Israelis realize. More

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As the map above shows the gas field in offshore Gaza who should be the benefliciaries. Under international law Israel has no legal claim and Gaza most certainly does. I would give Gaza an income to rebuild the infrastracture destroyed by Israel as well as giving them fossil fuel to generate electricity. Editor

 

© 2014

Palestinian landowners have waited too many years for Israeli wheels of justice to turn.

It is impossible to overstate the significance of the High Court of Justice ruling ordering the state to demolish within two years the Amona illegal outpost, which was built on private Palestinian land. After years of evasion, legal tricks, forged documents and unfulfilled pledges, even the High Court came to realize that the state cannot be trusted, not to mention the settlers, to voluntarily agree to return the land they plundered from their owners.

Amona was born in sin in 1997, when a group of settlers established residence in an area that had been earmarked for an archaeological site and a Mekorot Water Company reservoir. Cease and desist orders issued by Civil Administration inspectors in 2004 halted building for four years, but it resumed in force despite new stop-work orders.

In 2006, after the High Court ordered the demolition of Amona’s permanent structures, the settlers made clear that they were not bound by the court’s authority and they turned the “battle for Amona” into a national event in which they violently confronted the police. If there was no alternative to demolition, they would make Amona a “national trauma” that would threaten any future plans to evacuate outposts or settlements.

Even now, after the High Court ruling, the settler leaders are adamant: “We swear today to fight this with all our might,” Amona spokesman Avihai Boaron said. This is nothing but a continuation of the settlers’ common view that the state and its institutions are their servants, and when they do not fulfill their mission they must be fought. Particularly infuriating is the idea that “the left-wing government and the High Court are leading the country”; That is, in the struggle between land theft and the law, the High Court is not only a legal and ideological enemy but it also violates the political reality in which the right wing is in control. That perception is no less distorted and dangerous than the settlers’ position that the theft of Palestinian land is part of the Redemption.

The government of Israel cannot continue to avoid carrying out the High Court’s ruling, according to which “there is no possibility of authorizing the construction, even retroactively,” — a recognition of the tricks the cabinet could try. Two years is sufficient time to find alternative housing, and it would be best not to not wait until the last moment. The Palestinian landowners have waited too many years for the Israeli wheels of justice to turn. They have the right to have their property returned to them, with appropriate compensation. More

 

© 2014

The "corporatization of America" - Noam Chomsky

 

"The "corporatization of America" during the past century has been an attack on democracy—and on markets, part of the shift from something resembling "capitalism" to the highly administered markets of the modern state/corporate era. A current variant is called "minimizing the state," that is, transferring decision-making power from the public arena to somewhere else: "to the people" in the rhetoric of power; to private

tyrannies, in the real world." — Noam Chomsky

 

© 2014

Israel’s looming gas empire requires a final solution in Gaza

“The destruction which I have seen coming here is beyond description,” said UN secretary-general, Ban Ki Moon, after his October tour of the Gaza Strip.

Operation Protective Edge, Israel’s military incursion into Gaza this past summer, wrought an unprecedented level of devastation on the tiny strip of land inhabited by 1.8 million people. The operation had damaged or destroyed over 100,000 homes, affecting more than 600,000 Palestinians - a third of the population.

Mowing the grass

“Basically the town is unliveable,” said Mayor Mohammed al-Kafarna about Beit Hanoun. “There is no power, water or communications. There are not basics for life.” One major sewage pipe serving nearly half a million people had been severed, sending huge quantities of raw sewage into the sea and on fields.

In 2012, a UN report warned that Gaza “will not be liveable by 2020”. The following year, Israel’s tightening of its blockade prompted Filippo Grande, commissioner-general of the UN Works and Relief Agency (UNWRA), to say that “Gaza is quickly becoming uninhabitable.”

Israel’s massive bombardment of Gaza this summer has fast-tracked that outcome. This is no accident. While Israeli officials will not admit it, this strategic goal can be surmised from the statements of those close to key officials in Netanyahu’s administration.

Dismantling Gaza

“The only durable solution,” wrote Martin Sherman in the Jerusalem Post during the summer onslaught, “requires dismantling Gaza, humanitarian relocation of the non-belligerent Arab population, and extension of Israeli sovereignty over the region”: a recipe for ethnic cleansing and colonisation. He complained that the elected Israeli government is constrained by an unelected “left-wing” political discourse wedded to “the two-state concept and the land-for-peace doctrine,” both of which must be rejected.

For Sherman, the current strategy of periodically “mowing the grass” – “a new round of fighting every time the Palestinian violence reaches levels Israel finds unacceptable” – must be replaced by a final solution: “The grass needs to be uprooted – once and for all.”

Sherman is no pariah. On the contrary, his ideas increasingly represent the thinking of senior Israeli cabinet officials. As founding director of the Israel Institute for Strategic Studies (IISS), an initiative dedicated to laying “the foundations of a new assertive Zionist-compliant paradigm,” Sherman’s platform is endorsed by the following key Israeli leaders: Yaakov Amidror, Israel’s national security adviser until 2013; Uzi Landau, minister of tourism and ex-minister for energy; and Moshe Ya’alon, vice prime minister and incumbent defence minister.

Colonisation

These connections reveal critical elements of Israel’s security strategy. Amidror, for instance, has long advocated that Israel directly occupy Gaza “for many years,” to prevent a situation where “Hamas is strengthened into an entity similar to Hezbollah.”

His successor, Yossi Cohen, who presided with Ya’alon over Operation Protective Edge and who has previously served as deputy head of Shin Bet (Israel’s domestic security agency), told Israeli Army Radio that the operation had successfully created conditions that would facilitate the Palestinian Authority’s (PA) return to power in Gaza at Hamas’ expense. Hamas needed to be “demilitarised”, he said.

Israeli foreign minister Avigdor Lieberman agreed: “As long as Hamas controls Gaza, we won’t be able to ensure the safety of Israel's citizens in the South and we won't be able to make a peace agreement.” Earlier during the latest invasion of Gaza, Lieberman recommended that Israel consider re-occupying Gaza to end rocket attacks.

Palestinian statehood: A threat to Israel’s energy hegemony?

Another Sherman endorser, Uzi Landau, who is currently minister of tourism, was minister for energy and water from 2009 to 2013. There he oversaw Israel’s resource policies, especially concerning gas discoveries and export options. In 2011, when the PA was bidding to secure formal UN recognition of Palestinian statehood, Landau told Israeli radio that Israel should unilaterally declare its sovereignty over the Jordan Valley, West Bank settlements, and all of Gaza to head off the bid. He had previously been dispatched by the foreign ministry to Chile, Colombia and Australia to lobby against the PA campaign.

Why would Landau, then energy and water minister, be sent to lobby against Palestinian statehood?

In recent years, Israel had made increasingly significant energy discoveries throwing light on the link. In December 2010, the Texas based energy company Noble energy announced that it had discovered 25 trillion cubic feet of gas in the offshore Leviathan field (downgraded more recently to 17 trillion). This followed the US Geological Survey’s (USGS) assessment earlier in the year of an estimated 122 trillion cubic feet of technically recoverable gas in the Levant basin, encompassing the waters of Israel, Syria, Lebanon, Cyprus and Gaza. This is “bigger than anything we have assessed in the United States,” said a USGS spokesperson at the time.

Landau’s advisers: Israel’s gas could deplete in decades

The new discoveries would turn Israel into a gas-export powerhouse, with potentially transformative implications across the region. But there were potential pitfalls.

In 2012, the chief scientists of Landau’s energy and water ministry warned the government that Israel did not have sufficient gas resources to sustain both exports and domestic demand. Citing a gap of “100 to 150 billion cubic metres between the demand projections that were presented to the committee and the most recent projections,” they said that Israel’s “gas reserves are likely to last even less than 40 years!"

By 2055, the chief scientists argued, even if Israel chose not to export any gas, it would entirely exhaust its offshore reserves. But if Israel exports significant quantities of gas, and if it turns out that much of its gas turns out to be not commercially extractable, then the breaking point could arrive decades earlier. “The more gas we use now, the sooner we'll need to start importing gas or oil or to find alternative technology.”

Landau and his colleagues obviously took the report seriously enough that, according to Ha'aretz, they excluded the report’s findings from the committee determining Israel’s gas export policy.

Threat of war

Complicating matters further, many of the recently discovered oil and gas resources Israel is claiming for itself are in disputed territorial waters where maritime boundaries are not clearly defined.

In the summer of 2010, Landau said that Israel would “not hesitate to use force” to protect its offshore gas discoveries. He was responding to claims that Leviathan’s deposits extend into Lebanon’s territorial waters.

Similarly, two offshore fields that Israel is already exploiting have been claimed by the Palestinian Authority to extend into Gaza's offshore territory – Mari-B, which is near depletion, and Noa North, both of which are being developed by Noble Energy.

Gaza’s gas: The key to peace?

In March 2014, just a few months before the IDF launched Operation Protective Edge in Gaza, the German Marshall Fund of the United States published a policy brief on Israel’s interests in Gaza’s gas fields by Simon Henderson, director of the Gulf and Energy Policy Program at the Washington Institute for Near East Policy (WINEP) in Washington DC. WINEP is notable for its influence amongst US foreign policymakers. Current and former WINEP members have had senior roles in successive US administrations, including Obama's, and its alumni have gone onto serve across various US government agencies on Middle East policy.

Henderon’s policy brief in particular pinpointed the Gaza Marine, where just over 1 trillion cubic feet of gas was discovered by BG Group in 2000. Gaza Marine could supply all of Palestinian power for up to 20 years. Although the election of Hamas in 2006 in Gaza left negotiations over the gas between Israel and the PA at a stalemate, according to Henderson: “In late 2011 and early 2012, there was renewed Israeli interest in devising a way to exploit the natural gas of Gaza Marine.”

International diplomatic interest further increased in 2013, with Quartet Middle East envoy Tony Blair and US secretary of state John Kerry seeing the Gaza Marine as integral to a potential peace package. In October 2013, Israeli officials conceded that the Israeli government was “very supportive” of the project. All this is corroborated by British Foreign Office files released under Freedom of Information.

Israel’s vision for the Gaza Marine includes a range of options. Apart from boosting PA revenues dramatically, “Using Gaza Marine gas may also reduce the need of Israel to consume its own natural gas to generate electricity for the Palestinians,” observed Henderson. “Such usage will also marginally lower Israel’s dependence on fields controlled by the Noble Energy/Delek group, which currently holds the licenses for the Tamar field and all the other Israeli fields likely to come on stream in the next few years.”

Gaza’s gas, Henderson continued, “would be available for transfer into Israel’s natural gas main network, feeding power stations and petrochemicals across the country.” The gas could also be used for Gaza’s power plant, or even to power the West Bank. In the latter case, “the Gaza Marine natural gas would be fed to an Israel power plant to generate electricity. That electricity would then be supplied to the West Bank.”

Gaza’s gas: The key to exports?

But there is another dimension to the strategic significance of the Gaza Marine: Israel’s gas ambitions. This was alluded to by Ariel Ezrahi, senior energy adviser in Tony Blair’s Office of the Quartet Representative in east Jerusalem, who noted that the biggest obstacle to Israel becoming a regional gas exporter is the opposition of domestic Arab populations in Jordan, Egypt, Turkey and elsewhere.

This opposition could, however, be overcome if Israel finds a way to integrate Gaza’s gas into the export equation, so that Arab publics find a way to see gas deals with Israel as acceptable: “… it would be wise for Israel to at least consider the contribution of the Palestinian dimension to these deals,” said Ezrahi. “I think it’s a mistake for Israel to rush into regional agreements without at least considering the Palestinian dimension and how it can contribute to Israeli interests.” Israel should use the Gaza Marine “as an asset as they strive to join the regional power grid, and as a bridge to the Arab world,” by selling Palestinian “gas to various markets,” or promoting a deal with the corporations developing Israel’s “Tamar and Leviathan [fields] that will allow for the sale of cheap gas to the [Palestinian] Authority.”

Hamas: The obstacle

For Israel, the existence of Hamas remains the chief obstacle to any of these scenarios. According to Simon Henderson: “The main challenge to Secretary Kerry’s vision is that the Gaza Marine natural gas field is offshore the Gaza Strip, controlled by Hamas, whose authority is not recognised by the PA, which is based in Ramallah. Additionally, the United States regards Hamas as a terrorist organisation and Washington is therefore legally constrained from cooperating with it.”

In other words, from the perspective of Israeli hawks and the entities of the Quartet - the US, EU, UN and Russia - the fundamental obstacle to both the proposed ‘peace package’ and Israel’s interests in becoming a regional energy hegemony, is the continued existence of Hamas in Gaza.

In 2007, incumbent defence minister Ya’alon advised in an influential policy paper that there was only one way to solve this problem: “It is clear that without an overall military operation to uproot Hamas control of Gaza, no drilling work can take place without the consent of the radical Islamic movement.” Ya’alon is yet another Israeli government official who endorses Martin Sherman’s IISS initiative.

Since then, successive Israeli military operations - including Operation Protective Edge - have aimed at degrading Hamas’ power in Gaza by making the entire civilian population of the strip pay the price. Through excessive military action to devastate Gaza’s critical infrastructure until much of the strip is virtually “uninhabitable,” Israel has successfully accelerated this process.

Strangulating Gaza

Under the new ceasefire agreement with Hamas after the operation, Israel had secured even more Draconian powers to enforce its ongoing siege of Gaza. This included a partial military re-occupation by maintaining a 100 metre buffer zone inside Gaza; a joint Israeli, UN and PA committee to supervise the process for goods being permitted into Gaza; tight monitoring of imports of construction materials, as well as their use inside Gaza, to guarantee they would not be used by Hamas to build ‘terror tunnels’ and weapons; and on the table for discussion, Israel’s top priority was to make the total demilitarisation of Gaza a precondition for reconstruction and rehabilitation.

Under this extraordinary scheme, Gaza will be under constant surveillance by Israeli drones, and the PA-UN supervisory committee will submit all details of homes needing rebuilding to an Israeli database for close monitoring and approval.

Against this context, the decision by the EU General Court to remove Hamas from a list of terrorist groups along with the European Parliament’s new resolution recognising “in principle… Palestinian statehood and the two-state solution,” takes on new meaning.

To move forward, what remains of the aborted Kerry-Quartet vision for ‘peace’ encompassing the exploitation of Gaza’s gas, requires Hamas’s military capabilities – already infinitesimal compared to Israeli’s $15.5 billion military budget – to be degraded to the point of being utterly negligible.

The EU’s latest measures appear designed to incentivize the Palestinians and Hamas to comply with this vision of a pliable, demilitarised Gaza as a step toward a ‘two-state’ solution dominated and controlled by Israel: the carrot. Israel’s threat and use of force to smash Gaza into an uninhabitable no-man’s land, in which the US and the EU are complicit through extensive trade and military aid to Israel, is the stick. More

 

© 2014

Prosecute Torturers and Their Bosses

Since the day President Obama took office, he has failed to bring to justice anyone responsible for the torture of terrorism suspects — an official government program conceived and carried out in the years after the attacks of Sept. 11, 2001.

He did allow his Justice Department to investigate the C.I.A.’s destruction of videotapes of torture sessions and those who may have gone beyond the torture techniques authorized by President George W. Bush. But the investigation did not lead to any charges being filed, or even any accounting of why they were not filed.

Mr. Obama has said multiple times that “we need to look forward as opposed to looking backwards,” as though the two were incompatible. They are not. The nation cannot move forward in any meaningful way without coming to terms, legally and morally, with the abhorrent acts that were authorized, given a false patina of legality, and committed by American men and women from the highest levels of government on down.

Americans have known about many of these acts for years, but the 524-page executive summary of the Senate Intelligence Committee’s report erases any lingering doubt about their depravity and illegality: In addition to new revelations of sadistic tactics like “rectal feeding,” scores of detainees were waterboarded, hung by their wrists, confined in coffins, sleep-deprived, threatened with death or brutally beaten. In November 2002, one detainee who was chained to a concrete floor died of “suspected hypothermia.”

These are, simply, crimes. They are prohibited by federal law, which defines torture as the intentional infliction of “severe physical or mental pain or suffering.” They are also banned by the Convention Against Torture, the international treaty that the United States ratified in 1994 and that requires prosecution of any acts of torture.

So it is no wonder that today’s blinkered apologists are desperate to call these acts anything but torture, which they clearly were. As the report reveals, these claims fail for a simple reason: C.I.A. officials admitted at the time that what they intended to do was illegal.

In July 2002, C.I.A. lawyers told the Justice Department that the agency needed to use “more aggressive methods” of interrogation that would “otherwise be prohibited by the torture statute.” They asked the department to promise not to prosecute those who used these methods. When the department refused, they shopped around for the answer they wanted. They got it from the ideologically driven lawyers in the Office of Legal Counsel, who wrote memos fabricating a legal foundation for the methods. Government officials now rely on the memos as proof that they sought and received legal clearance for their actions. But the report changes the game: We now know that this reliance was not made in good faith.

No amount of legal pretzel logic can justify the behavior detailed in the report. Indeed, it is impossible to read it and conclude that no one can be held accountable. At the very least, Mr. Obama needs to authorize a full and independent criminal investigation.

The American Civil Liberties Union and Human Rights Watch are to give Attorney General Eric Holder Jr. a letter Monday calling for appointment of a special prosecutor to investigate what appears increasingly to be “a vast criminal conspiracy, under color of law, to commit torture and other serious crimes.”

The question everyone will want answered, of course, is: Who should be held accountable? That will depend on what an investigation finds, and as hard as it is to imagine Mr. Obama having the political courage to order a new investigation, it is harder to imagine a criminal probe of the actions of a former president.

But any credible investigation should include former Vice President Dick Cheney; Mr. Cheney’s chief of staff, David Addington; the former C.I.A. director George Tenet; and John Yoo and Jay Bybee, the Office of Legal Counsel lawyers who drafted what became known as the torture memos. There are many more names that could be considered, including Jose Rodriguez Jr., the C.I.A. official who ordered the destruction of the videotapes; the psychologists who devised the torture regimen; and the C.I.A. employees who carried out that regimen.

One would expect Republicans who have gone hoarse braying about Mr. Obama’s executive overreach to be the first to demand accountability, but with one notable exception, Senator John McCain, they have either fallen silent or actively defended the indefensible. They cannot even point to any results: Contrary to repeated claims by the C.I.A., the report concluded that “at no time” did any of these techniques yield intelligence that averted a terror attack. And at least 26 detainees were later determined to have been “wrongfully held.” More

 

© 2014

Israelis rattled by search for truth about the Nakba

First ‘truth commission’ avoids issue of reconciliation as veteran Israeli fighters due to confess to 1948 war crimes

Middle East Eye – 9 December 2014

The first-ever “truth commission” in Israel, to be held on Wednesday, will feature confessions from veteran Israeli fighters of the 1948 war who are expected to admit to perpetrating war crimes as hundreds of thousands of Palestinians were expelled from their homes.

The commission is the culmination of more than decade of antagonistic confrontations between a small group of activists called Zochrot, the Hebrew word for Remembering, and the Israeli authorities as well as much of the Jewish public.

Founded in 2002, Zochrot is dedicated to educating Israeli Jews about what Palestinians call the Nakba, Arabic for catastrophe, referring to Israel’s creation on the ruins of their homeland more than six decades ago. The group also campaigns for the right of return for Palestinian refugees to Israel, probably the biggest taboo in Israeli society.

The commission, which has no official standing, could be the first of several such events around Israel, to investigate atrocities and war crimes committed in different localities, said Liat Rosenberg, Zochrot’s director.

“We have looked to other such commissions around the world as models, most obviously in South Africa,” she said. “But unlike the one there, ours does not include the element of reconciliation because the conflict here has yet to be resolved.

“We cannot talk about reconciliation when the Nakba is ongoing. We are still in a situation where there is apartheid, constant violations of human rights and 70 percent of the Palestinian community are refugees.”

The commission is likely to provoke outrage from the Israeli government, which passed the so-called Nakba Law in 2011 to try to make it harder to commemorate Palestinian suffering. The impact of the law is being widely felt. Just last month, the culture ministry vowed to block a government grant to a Tel Aviv cultural centre that hosted a Zochrot film festival on the Nakba.

Names kept secret

Rosenberg said Israeli veteran fighters and Palestinian witnesses participating in the truth commission had asked for their names to be kept secret until the hearings for fear that friends and family would put pressure on them to withdraw.

The commission is being held in the city of Beersheva, a once-Bedouin town that was ethnically cleansed in 1948 and is today the largest Jewish city in the Negev region in southern Israel.

Zochrot said it had chosen the city to host the first event event because forced expulsions of Bedouin from the Negev had taken place not only in 1948, but had continued on a large scale, out of view of observers, for many years afterwards.

The commission is the latest project by Zochrot that discredits a traditional Israeli narrative that some 750,000 Palestinians left under orders from Arab leaders and that Israel’s army acted only in self-defence. Such beliefs have fed into the common assumption from the Israeli public that Israel’s army is the “most moral in the world”.

“This is not just about researching the truth,” said Rosenberg. “The truth of the Nakba is to a large degree known, but the task is to expose the truth to the Israeli Jewish public – both so that it is forced to take responsibility for what happened and so there can be accountability.”

The commission is the direct result of a project launched by Zochrot two years ago to create an alternative archive of the Nakba, based on filmed testimonies from Palestinian refugees and Israeli veterans. Activists fear that, as the generation of refugees and fighters dies off, they will take their secrets to the grave.

Israeli military archives relating to the 1948 war began being opened to academics in the late 1980s. This led to a group of so-called “new historians” overturning the traditional accounts of that period and unearthing written evidence of massacres and ethnic cleansing operations for the first time.

Archives closed

However, historians have reported in recent years that the Israeli authorities have become more reluctant to open files and many of the more controversial episodes of the 1948 war are still unclear.

Rosenberg hopes the commission will begin to fill some of the gaps.

According to Rosenberg, three Israeli fighters and three Palestinian witnesses will testify before a panel of six commissioners. The commissioners will then question them further about events and make follow up recommendations.

The hearings are due to be streamed online.

One veteran of the fighting in the Negev, Amnon Neumann, has already gone on record in testimony that can be seen in Zochrot’s film archive.

He has said the Bedouin in the Negev – contrary to popular Israeli perception – put up almost no resistance to advancing Jewish forces because they lacked “a military capacity” and “had no weapons”. Nonetheless, he said, the Israeli army terrified the Bedouin villagers out of their homes by shooting either at them, or above their heads.

“We drove them out. Women and children went to Gaza. … By the morning there was nobody there. We burnt their houses,” Neumann said.

When villagers tried to sneak back to tend crops or vineyards under the cover of night, he recounted, the soldiers opened fire. “We would shoot and kill them. This was part of the horrible things we did.”

In other filmed testimony, Mordechai Bar-On, an officer in 1948 with the Givati Brigade, confirmed that orders were to shoot “infiltrators” – a reference to refugees who tried to return to their villages. “Even if there were women and children. I remember I told myself that we would do it. … There was an order to kill, not even catch them,” Bar-On said.

For the most part, the Israeli veterans are coming forward now out of a feeling of guilt.

“At that time I did not see anything wrong with what we were doing,” Neumann said. “If I was told to do things that I do not want to mention [here], I did them with no doubts at all. … Not now. It is already 50, 60 years that I am filled with regret.”

But challenges remain, and despite veterans coming forward, piecing together events can still be difficult.

Rosenberg said many of those giving filmed testimony, including Neumann, have been reluctant to go into details of the war crimes they participated in. It is now hoped that the questioning by the commissioners will encourage participants to be even more forthcoming.

Put on trucks to Gaza

The commission will also move beyond the 1948 period and examine expulsions in the semi-desert Negev region, comprising nearly two-thirds of Israel’s landmass, for the 12 years following the war.

Isolated from the rest of the new state of Israel, the Negev was largely unmonitored as the Israeli military carried out expulsions of Bedouin throughout the 1950s, said Raneen Jeries, a Zochrot organiser.

More than 2,000 Palestinian inhabitants of al-Majdal, which later became the Jewish city of Ashkelon, were put on trucks and shipped to Gaza nearly two years after the war ended, according to Nur Masalha, a Palestinian historian and expert on Israeli “transfer” policies.

Jeries said the legacy of the events of 1948 was being felt to this day, with policies of expulsion continuing in the Negev and the occupied territories.

Haaretz reporter Amira Hass revealed three months ago that the Israeli military was planning to forcibly relocate for a second time the Jahalin tribe. The tribe was driven out of the Negev in 1948 and fled to the safety of the West Bank, then under Jordanian control. However, Israel occupied the land after the 1967 war, and it seems that Israeli authorities now want to expel some 12,500 Jahalin tribes people, this time to a site near Jericho.

Zochrot had been successful in forcing Israelis to recognise the Nakba and a darker side to the 1948 war, said Neve Gordon, a politics professor at Ben Gurion University in Beersheva, where the truth commission is to be held.

“A decade ago, if I mentioned the Nakba in a class of 150 students, hardly any of them would have known what I meant. Now 80 or 90 per cent would know,” Gordon told MEE.

Gordon also attributed the change both to Zochrot’s activities and statements by Arab legislators representing Israel’s large Palestinian minority, comprising a fifth of the total population.

Law against commemoration

But as the issue of the Nakba has become more visible in Israel, sensitivity about it has only grown. Ahead of Nakba Day last May, Prime Minister Benjamin Netanyahu lashed out at the Palestinian Authority for commemorating the day, saying: “They are standing silent to mark the tragedy of the establishment of Israel, the state of the Jewish people.”

Palestinians were educating their children with “endless propaganda” calling for the disappearance of Israel, he said.

Economy Minister Naftali Bennett went further, saying: “We need not tolerate Israeli Arabs who promote Nakba Day.”

The government has backed up its rhetoric with legislation, passing a Nakba Law in 2011 that denies public funds to institutions and organisations that commemorate the Palestinians’ dispossession. The measure is partly seen as a reaction to Zochrot’s growing success.

The original legislation, which would have criminalised any commemoration of the Nakba – making many of Zochrot’s activities illegal – was water-downed after Israel came under strong international pressure.

In Zochrot’s early years, its main efforts were directed at escorting Israeli Jews and Palestinian refugees to some of the more than 500 Palestinian villages that Israel destroyed during and after the 1948 war. The villages were razed to prevent refugees from returning home.

The remnants of most of the villages are now barely traceable, hidden under forests planted by a charity called the Jewish National Fund or lost within gated communities in which only Jews can live.

Zochrot has continued such visits, placing signposts to remind the new Jewish inhabitants that their communities are built on the ruins of Palestinian homes, often belonging to neighbours living a short distance away. A large proportion of Israel’s Palestinian minority were internally displaced by the 1948 war and live close to their original homes but are barred from returning.

Backlash on campuses

Eitan Bronstein, who founded Zochrot, said the current challenge was how to change Israeli Jews’ perception of the Nakba.

“They now recognise the word but what does it mean to them? Many, it seems, think it is simply a negative label Palestinians have attached to Israel’s establishment. We have an Independence Day that they call their Nakba,” Bronstein said.

“We need to educate them about the events of the Nakba, what occurred and our responsibility for it. They have to stop thinking of it as just propaganda against Israel.”

The right wing, including the government of Benjamin Netanyahu, has grown increasingly rattled by Zochrot’s agenda-setting programme of events.

The popularity of a far-right youth movement, Im Tirtzu, has grown rapidly on Israeli university campuses over the past few years, in part as a backlash to commemorations of the Nakba by Zochrot and Palestinian students.

Last month, when Zochrot held its second Nakba and Right of Return Film Festival in Tel Aviv, the culture minister, Limor Livnat, immediately threatened to pull a government grant worth more than $450,000 from the cinema that hosted it.

“The state cannot bear the cost of funding of an entity that encourages debate over what the Palestinians call ‘the right of return’,” Livnat said in a statement. She was reported to have based her decision on her reading of the Nakba Law.

“The antagonism towards Zochrot and the idea of the Nakba is part of the educational process,” said Bronstein. “It is a necessary phase Israel needs to pass through if we are to get to a point of reconciliation.”

Unfazed by threats

Bronstein and others have faced angry opposition from the Israeli public and police as they have tried to stage Nakba commemorations – most notably in Tel Aviv in 2012, when they were surrounded by riot police for four hours. Three Zochrot activists were arrested.

Yet Zochrot’s organisers, whose members include both Jewish and Palestinian citizens, seem largely unfazed by the threats and hostility their group generates.

Last year Zochrot arranged a conference that for the first time examined not just the principle of the right of return but practical ways to implement it.

This year the group launched a phone app, called iNakba, in three languages, which provides users with detailed maps and information on the destroyed villages.

Jeries said it had had thousands of downloads, giving Israelis for the first time the chance to peel away the subsequent layers of construction and forestation to see what was destroyed, often on their doorstep. More

Tagged as: Bedouin, destroyed villages, Nakba

 

© 2014

Top UN experts urge States to integrate human rights values in current climate change negotiations

Links to the declaration in English and Spanish, see below
Enlaces a la declaración en inglés y español, vea abajo

Top UN experts urge States to integrate human rights values in current climate change negotiations

GENEVA (9 December 2014) – The largest body of independent experts in the United Nations Human Rights system today urged* all Governments around the world to integrate human rights standards and principles in the current negotiations taking place at the Lima Climate Change Conference, from 1 to 12 December 2014, and in the agreement to be adopted in Paris in 2015.

In a joint statement* issued today in Geneva ahead of Human Rights Day (10 December 2014), the group of 76 human rights experts urged the UN member States to ensure that the principle of climate justice is at the core of climate change governance.

“Climate change is one of the greatest challenges of our generation, with consequences that transform life on earth and adversely impact the livelihood of many,” said François Crépeau, who currently heads the Coordination Committee of international experts appointed by the UN Human Rights Council.

“Human rights must be pivotal in the ongoing negotiations and must be firmly anchored in a new agreement. Any response to climate change must protect, respect, promote and fulfil human rights obligations,” Mr. Crépeau noted.

In their statement, the independent experts stressed that understanding and addressing the human consequences of climate change fundamental and therefore, climate change cannot be effectively addressed without protecting human rights.

“Climate change has a disproportionate effect on many disadvantaged, marginalized and vulnerable individuals and groups, whose ways of life are inextricably linked to the environment,” Mr. Crépeau said

“The human rights framework focuses our attention on the rights of the most vulnerable and marginalized individuals and groups, thus requiring that adaptation policies and measures be developed on the basis of the principles of equality and non-discrimination,” he stressed.

The experts noted that climate justice sees the effect and causes of climate change in relation to the concept of justice, namely, whether the rights of the most marginalized and vulnerable populations are taken into account when implementing response measures and whether such measures are fair, equitable and transparent.

The experts’ call follows an Open Letter sent in October to the State Parties to the UN Framework Convention on Climate Change, on the occasion of the Bonn meeting of the Ad Hoc Working Group on the Durban Platform for Enhanced Action.

“We renew our call on the State Parties to include language in the 2015 climate agreement that provides that the Parties shall, in all climate change related actions, respect, protect, promote and fulfil human rights for all,” the independent experts concluded.

(*) Read the full statement by the UN Special Procedures Mandate Holders:
In English: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15393&LangID=E
In Spanish: http://www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?NewsID=15393&LangID=S

ENDS

The Coordination Committee is a body of six independent experts which coordinates and facilitates the work of special procedures as a whole. It is currently composed of Mr. François Crépeau (Chairperson), Mr. Michael Addo, Ms. Mireille Fanon Mendes-France, Ms. Marie-Thérèse Keita Bocoum, Ms. Yanghee Lee and Mr. Chaloka Beyani (ex-officio). Learn more: http://www.ohchr.org/EN/HRBodies/SP/Pages/CoordinationCommittee.aspx

“Special procedures” is the general name of the independent fact-finding and monitoring mechanisms of the Human Rights Council that address either specific country situations or thematic issues in all parts of the world. Currently, there are 39 thematic mandates and 14 mandates related to countries and territories, with 76 mandate holders. The Office of the High Commissioner for Human Rights provides these mechanisms with support for the fulfilment of their mandates.

Special Procedures: http://www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.aspx
Country mandates: http://www.ohchr.org/EN/HRBodies/SP/Pages/Countries.aspx
Thematic mandates: http://www.ohchr.org/EN/HRBodies/SP/Pages/Themes.aspx

Read the open letter signed by 28 UN human rights experts:http://www.ohchr.org/Documents/HRBodies/SP/SP_To_UNFCCC.pdf

For enquiries and media requests, please contact Melinda Ching Simon (+41 22 917 9113mchingsimon@ohchr.org) or write to ieenvironment@ohchr.org

For media inquiries related to other UN independent experts:
Xabier Celaya, UN Human Rights – Media Unit (+ 41 22 917 9383 / xcelaya@ohchr.org)

UN Human Rights, follow us on social media:
Facebook: https://www.facebook.com/unitednationshumanrights
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Check the Universal Human Rights Index: http://uhri.ohchr.org/en

 

© 2014

The injustices being inflicted by Israel on the Palestinians

Via Jonathan Cook, journalist

I did a brief speaking tour of Montreal and Ottawa in the spring during which I met many inspiring individuals finding their own ways to help from afar end the injustices being inflicted by Israel on the Palestinians.

One seminar I participated in was on the Jewish National Fund, a Zionist "charity" whose funds have been used to plant forests to conceal Israel's eradication of Palestinian villages during and after the 1948 war and which continues to ethnically cleanse Palestinians from areas like the Negev, or Naqab.

It's great to see that the organisers have put together a powerful short video presentation that shows pictorially what the JNF is really doing with those charitable donations.

http://youtu.be/rnm-HKf6MJU

© 2014

Cathy Schneider of American University discusses situation in Ferguson

Cathy Schneider of American University discusses situation in Ferguson

© 2014

Israel, U.S. attempting to prevent Geneva Convention summit on Palestinians

Israel and the United States are trying to dissuade the nearly 200 states that are party to the Fourth Geneva Convention from convening a special session in mid-December to address conditions in the West Bank, Gaza Strip and East Jerusalem, Israeli and Western diplomats told Haaretz Wednesday.

Government officials believe that convention sponsor Switzerland has come under strong pressure from the Palestinians and Arab states, and is expected to issue invitations to the conference within days.

In early April, following Israel’s refusal to free the last scheduled group of Palestinian prisoners, and its announcement that it would build 700 homes in East Jerusalem, Palestinian Authority President Mahmoud Abbas decided to sign, in the Palestinian state’s name, on 15 international conventions and ask to join them. One of them was the Fourth Geneva Convention, which deals with protecting the civilian population in fighting areas or occupied territories.

This move brought to a head the crisis that led to the collapse of U.S. efforts to extend the talks between Israel and the Palestinians. A few weeks later the Palestinians and Arab League asked Switzerland officially to call a conference of the convention signatories to discuss the Israeli occupation in the West Bank and East Jerusalem, as well as the damage Israel caused civilians in Gaza.

So far four attempts have been made to convene the Fourth Geneva Convention – all of them in regard to the Israeli-Palestinian conflict. The last attempt was made in 2009 after Operation Cast Lead in the Gaza Strip.

However, after consultations of the Swiss Foreign Ministry at the time, it was decided there wasn’t sufficiently broad international support for holding the conference. In 2001, on the other hand, after the outbreak of the second intifada, such a conference was held. Israel and the United States boycotted it.

Recently Swiss diplomats said their country, as the convention’s sponsor, couldn’t decide by itself on calling the conference again. So Switzerland began consultations with the other signatory states to see if enough of them were interested in holding the conference.

Switzerland distributed to all the signatories a proposal to hold the conference in Geneva in mid-December. The Swiss made it clear they wanted the event to focus on the upholding of international humanitarian law.

The Swiss proposal is for a three-hour conference at an ambassadorial level, with few speeches and no media coverage except for a statement to the press to be released at the end.

“We made it clear we didn’t want a political event or debate club, or a conference that would blame or criticize one of the sides,” a Swiss diplomat said.

Israel objected to the move strongly despite the low profile Switzerland suggested. Senior Israeli diplomats went to Bern and Geneva a few times in a bid to persuade the Swiss Foreign Ministry not to hold the conference, saying Israel would boycott it if it were held.

“They told us that holding the conference would help a one-sided Palestinian move intended to make Israel look bad and attack it in an international forum,” the Swiss diplomat said.

Updated draft refers to settlements

The conference cannot make binding decisions, but could increase international criticism of Israel’s policy in the territories, especially regarding the settlements.

The Israeli fear over the conference increased after Jerusalem received an updated draft of its proposed contents. Unlike previous versions, the updated draft was phrased in a very political way, mentioning Israel by name and referring in detail to issues like the West Bank settlements.

Israeli and Swiss diplomats said the United States, Canada and Australia were helping Israel and exerting pressure on Switzerland and other states to thwart the conference. Israeli diplomats said that despite the fact that the Americans have yet to make a formal decision on the matter, U.S. officials have told Switzerland they would boycott the conference if it is held. Canada has conveyed a similar message to Switzerland.

Speaking with Haaretz on Wednesday, Edgar Vasquez, a spokesman for the U.S. State Department, affirmed the American disapproval. "We strongly oppose the convening of the High Contracting Parties to the Geneva Conventions and have made our opposition unmistakably clear," he said.

Foreign Minister Avigdor Lieberman held telephone conversations in the last few days with colleagues worldwide, asking them to object to the conference and declare they would boycott it if it is held. Also, Israeli ambassadors in several key Western states have been instructed to try to obtain a commitment from those states to boycott the conference.

The Palestinians, meanwhile, along with the group of Arab nations, are pushing for the summit to be held.

But the Israeli efforts look bound to fail. Israeli and Swiss diplomats estimate that the Swiss government will in the coming days announce the holding of the summit.

Western diplomats knowledgeable of the proceedings described the Swiss as determined to move forward despite the significant resistance by nations such as the U.S., Canada, Australia and others.

The Fourth Geneva Convention is one of the four treaties of the Geneva Conventions, adopted in 1949, which deals with the protection of civilian populations residing in areas of armed conflict and in areas under military occupation. The treaty forbids harming any agents uninvolved in the fighting – which includes, in addition to civilians, captured and wounded soldiers.

In regarding to a state of protracted military occupation - such as exists in the West Bank – the treaty decrees that the occupying power must uphold the human rights of the occupied civilian population, and ensure its conditions of living. The treaty also forbids any and all movement of civilian population from within the borders of the occupying power into the areas under military rule – such as the Israeli settlements in the West Bank.

Israel is a party to the convention, but the Knesset has never legislated the treaty into Israeli law. Israel claims the treaty is not applicable to the West Bank or East Jerusalem, for it considers these areas to be "disputed," and not as under occupation. Thus, Israel does not regard the settlements as violations to the treaty.

 

© 2014

IDF trainer: 'No need to resuscitate Palestinians'

An IDF medic was surprised to hear two new orders given by his superiors: only Jews are worthy of resuscitation, and that attackers who pose no threat should be shot dead.

New orders in the Israeli army? D., a medic in the infantry, was surprised last week to find out during training for an operation in the occupied territories that at least two orders typically given to soldiers have been refreshed.

“During the refresher course the instructor, who works as a medic on the base, told us that the orders of the IDF are not to give mouth-to-mouth resuscitation to people we do not know. When asked about it he said that it basically means that we do not need to resuscitate Palestinians,” says D., who took part in the course at the Lakhish base in southern Israel. D. has since then left for duty in the West Bank.

“It sounds strange but he repeated it twice, so I have no doubt that that was what he meant. I was very surprised by the order not to resuscitate anyone who needs it. Since then I have come to understand that Magen David Adom (Israel’s national emergency medical, disaster and ambulance service) came up with the order regarding mouth-to-mouth resuscitation several years ago. The emphasis on the Palestinians was probably the instructor “thinking ahead.” I assume that he goes these trainings all the time. That’s worrying.”

Furthermore over the course of the week, D. participated in a refresher on the rules of engagement, where he said he was given permission to kill people who pose no threat. “They told us that the order regarding someone who stabs, ditches the knife and begins running is shoot to kill. The company commander said he doesn’t want anyone like that “to see a judge.”

Did anyone protest or critique these orders?

“The company seemed very bitter over the rules of engagement. The company commander almost apologized every time he forbade. So when he finally gave us permission to shoot an unarmed terrorist, most of the company was okay with that.”

It was only two weeks ago that Public Security Minister Yitzhak Aharonovich gave a similar order to Israeli Police in the wake of the vehicular attack in Sheikh Jarrah. Two days later police shot Kheir Hamdan to death in Kafr Kanna.

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A policy such as this would be in contravention of International Humanitarian Law and Geneva Conventions.

The International Committee of the Red Cross states; Without renewed commitment from governments to address growing social inequities and other sources of instability in the region, any quest for peace and prosperity will remain elusive. As a neutral and independent humanitarian organisation, the ICRC can only remind the parties to these conflicts that without respecting the basic tenets of international humanitarian law (IHL) in these testing times, it is most unlikely that the various communities will find their way toward reconciliation or be prepared to share the burden of a just peace after decades of conflict. Considering that the customary core of that law is older than the state- based system itself, the specific nature and extraordinary significance of IHL in today’s armed conflicts provide a legitimacy beyond the current international system. Far from being outdated, humanitarian law is very much a contemporary and future-oriented body of law. Turning specifically to the situation in Israel and the Occupied Palestinian Territory, the particular challenges facing humanitarian action there cannot be tackled without an honest look at certain Israeli policies that have become key features of the occupation. Israel has exercised ‘actual authority’ 1 over the West Bank and the Gaza Strip for almost half a century, making its presence in these areas one of the longest sustained military occupations in modern history. While the shape and degree of this military occupation have varied, Israel has continuously maintained effective control over the territories it occupied as a result of the Six Day War in 1967, and over the Palestinian population living there. The constant pressure that Israeli occupation has imposed on the Palestinian population has had a profound impact on both the Palestinian and theIsraeli economies, cultures, andsocieties.Beyondtherecurringexcessesof armed violence, the ensuing grief among the people affected, and the trauma among the broader community, the lack of progress on issues of major humanitarian concern further illustrates the inability of a generation of decision-makers to find constructive ways to bring concrete improvements to the lives of millions of Palestinians. See: Challenges to international humanitarian law: Israel’s occupation policy Download PDF

 

© 2014