A Movement Grows in Ferguson

Is the Ferguson Movement the begining of a Nationwide Movement driven by Racism and Economic Disparity?

In the eight days since Michael Brown, an eighteen-year-old, was killed by a police officer named Darren Wilson in Ferguson, Missouri, what began as an impromptu vigil evolved into a sustained protest; it is now beginning to look like a movement. The local QuikTrip, a gas station and convenience store that was looted and burned on the second night of the protests, has now been repurposed as the epicenter for gatherings and the exchange of information. The front of the lot bears an improvised graffiti sign identifying the area as the “QT People’s Park.” With the exception of a few stretches, such as Thursday afternoon, when it was veiled in clouds of tear gas, protesters have been a constant presence in the lot. On Sunday afternoon the area was populated by members of local churches, black fraternity and sorority groups, Amnesty International, the Outcast Motorcycle Club, and twenty or so white supporters from the surrounding area. On the north side of the station, a group of volunteers with a mobile grill served free hot dogs and water, and a man stood on a crate, handing out bright yellow T-shirts with the logo of the National Action Network, the group led by Al Sharpton.

The conversation here has shifted from the immediate reaction to Michael Brown’s death and toward the underlying social dynamics. Two men I spoke with pointed to the disparity in education funding for Ferguson and more affluent municipalities nearby. Another talked about being pulled over by an officer who claimed to smell marijuana in the car as a pretense for searching him. “I’m in the United States Navy,” he told me. “We have to take drug tests in the military so I had proof that there were no drugs in my system. But other people can’t do that.” Six black men I spoke to, nearly consecutively, pointed to Missouri’s felon-disfranchisement laws as part of the equation. “If you’re a student in one of the black schools here and you get into a fight you’ll probably get arrested and charged with assault. We have kids here who are barred from voting before they’re even old enough to register,” one said. Ferguson’s elected officials did not look much different than they had years earlier, when it was a largely white community.

Ferguson had, instead, recently seen two highly visible African-American public officials lose their jobs. Two weeks before Brown was shot, Charles Dooley, an African-American who has served as St. Louis County Executive for a decade, lost a bitter primary election to Steve Stenger, a white county councilman, in a race that, whatever the merits of the candidates, was seen as racially divisive. Stenger lobbed allegations of financial mismanagement and incompetence, and worse. Bob McCulloch, the county prosecutor appeared in an ad for Stenger, associating Dooley with corruption; McCulloch would also be responsible for determining whether to charge Darren Wilson. In December, the largely white Ferguson-Florissant school board fired Art McCoy, the superintendent, who is African-American. Those who were gathered at the QuikTrip parking lot on Saturday were as inclined to talk about the underlying political issues as they were about the hail of bullets that ended Brown’s life.

When word came that afternoon that the governor had announced a curfew, to take effect at midnight, the mood shifted to defiance and disbelief. Few thought that the curfew would do much practical good; many thought it was counterproductive, a move back to militarized police response earlier in the week. Curfew or no, the protesters felt that, with the exception of last Thursday, when Captain Ron Johnson of the Missouri State Highway Patrol, a black Ferguson native, took charge of operations, the amalgam of county and local law enforcement rolling through Ferguson had tried to clear the streets each day at dusk.

On Johnson’s first night in charge, the police presence in the neighborhood was hardly visible; officers withdrew to the perimeter and removed a roadblock that had cut off Florissant Road, which runs just south of the QuikTrip. The protests that night had a giddy quality. Cars drove up and down the strip, the sounds of honking horns accompanying shouts of Brown’s name and “Hands Up, Don’t Shoot,” which has emerged as the signature slogan here.

But as early as Friday morning people began to wonder if Johnson really was in charge, in any meaningful way. Ferguson Police Chief Thomas Jackson began the day by releasing Officer Wilson’s name, which had been kept from the public until then. He undercut that gesture by simultaneously releasing a video that appeared to show Brown menacing a local store owner soon before his encounter with Wilson—thus suggesting that Wilson had been pursuing Brown as a suspect. It took a few hours, and a second press conference, for Jackson to acknowledge that Wilson hadn’t stopped Brown because he thought he was a robber but because Brown was walking in the street and not, as Wilson believed he should, on the sidewalk.

Ron Johnson had to concede that he had not even known that the video would be released; he saw it on television just as everyone else had. (“I would like to have been consulted,” he said at his own press conference.) After sporadic looting on Saturday night—halted largely by other protestors who rushed to protect the establishments being vandalized—Governor Jay Nixon declared a curfew, further undercutting Johnson’s authority. In the span of twenty-four hours, Johnson had gone, in the community’s eyes, from empowered native son to black token. One of the local activists I’d met in Feguson sent me a text message after the curfew announcement saying, “Johnson has good intentions but no power. This is beyond him.”On Sunday, Johnson stepped into the pulpit at Greater Grace Church, the site of a rally, and apologized to Brown’s family, saying, “I wear this uniform and I feel like that needs to be said.” With that, he implicitly condemned the Ferguson Police Department for their failure to do so. Johnson had promised not to use tear gas in the streets of Ferguson but, during a skirmish with looters on Saturday night, police tear-gassed the crowd. Johnson’s address at the church carried the message that his allegiances were, nonetheless, with the people of Ferguson. James Baldwin remarked that black leaders chronically find themselves in a position of asking white people to hurry up while pleading with black people to wait. Johnson finds himself asking black people to remain calm while imploring white police officers not to shoot. The problem here is that few people in Ferguson believe that the former is any guarantee of the latter.

Brown remains unburied. His family, whose faith evaporated early on, refused to simply trust the autopsy performed by local authorities and held out for a second post mortem, by federal authorities. Attorney Eric Holder granted that request late Sunday morning. It might produce a definitive answer to some of the basic questions—like how many times Brown was shot, and whether any of the bullets hit him in the back—that, a week later, remain murky. From the outset, the overlapping bureaucracies in Ferguson handled the case in ways that suggested ineptitude. Yet subsequent developments—the stonewalling followed by contradictory statements, the detention of reporters, the clumsy deployment of sophisticated military equipment—all point not to a department too inept to handle this investigation objectively but one too inept to cloak the fact that they never intended to do so. One protestor held a sign that said, “Ferguson Police Need Better Scriptwriters.” More

 

In an article by Alex Kane entitled 11 Eye-Opening Facts About America’s Militarized Police Forces the author writing in AlterNet states; The “war on terror” has come home — and it’s wreaking havoc on innocent American lives. The culprit is the militarization of the police.

The weapons that destroyed Afghanistan and Iraq have made their way to local law enforcement. While police forces across the country began a process of militarization — complete with SWAT teams and flash-bang grenades — when President Reagan intensified the “war on drugs,” the post-9/11 “war on terror” has added fuel to the fire.

Through laws and regulations like a provision in defense budgets that authorizes the Pentagon to transfer surplus military gear to police forces, local law enforcement agencies are using weapons found on the battlefields of South Asia and the Middle East.

A recent New York Times article by Matt Apuzzo reported that in the Obama era, “police departments have received tens of thousands of machine guns; nearly 200,000 ammunition magazines; thousands of pieces of camouflage and night-vision equipment; and hundreds of silencers, armored cars and aircraft.” The result is that police agencies around the nation possess military-grade equipment, turning officers who are supposed to fight crime and protect communities into what looks like an invading army. And military-style police raids have increased in recent years, with one count putting the number at 80,000 such raids last year.

In June, the American Civil Liberties Union (ACLU) brought more attention to police militarization when it issued a comprehensive, nearly 100-page report titled, War Comes Home: The Excessive Militarization of American Policing. Based on public records requests to more than 260 law enforcement agencies in 26 states, the ACLU concluded that this police militarization “unfairly impacts people of color and undermines individual liberties, and it has been allowed to happen in the absence of any meaningful public discussion.”

The information contained in the ACLU report — and in other investigations into the phenomenon — is sobering. From the killing of innocent people to the almost complete lack of debate on these policies, police militarization has turned into a key issue for Americans. It is harming civil liberties, ramping up the “war on drugs,” impacting the most marginalized members of society and transforming neighborhoods into war zones. Here are 11 important — and horrifying — things you should know about the militarization of police. More

One has to question the reason for militatising the police departments in the United States and where this is leading? Is the government expecting insurrection or invasion? Are their citizens now enemies of the state? Editor

 

© 2014

How Israel's lies are used to justify mass slaughter of civilians in Gaza

Israel's lies make it clear to the Palestinians that it will continue to wage a campaign of state terror and will never admit its atrocities or its intentions.

ALL GOVERNMENTS lie, including Israel and Hamas. But Israel engages in the kinds of jaw-dropping lies that characterize despotic and totalitarian regimes.

It does not deform the truth; it inverts it. It routinely paints a picture for the outside world that is diametrically opposed to reality. And all of us reporters who have covered the occupied territories have run into Israel's Alice-in-Wonderland narratives, which we dutifully insert into our stories -- required under the rules of American journalism -- although we know they are untrue.

I saw small boys baited and killed by Israeli soldiers in the Gaza refugee camp of Khan Younis. The soldiers swore at the boys in Arabic over the loudspeakers of their armored jeep. The boys, about 10 years old, then threw stones at an Israeli vehicle and the soldiers opened fire, killing some, wounding others. I was present more than once as Israeli troops drew out and shot Palestinian children in this way.

Such incidents, in the Israeli lexicon, become children caught in crossfire.

I was in Gaza when F-16 attack jets dropped 1,000-pound iron fragmentation bombs on overcrowded hovels in Gaza City. I saw the corpses of the victims, including children. This became a surgical strike on a bomb-making factory.

I have watched Israel demolish homes and entire apartment blocks to create wide buffer zones between the Palestinians and the Israeli troops that ring Gaza. I have interviewed the destitute and homeless families, some camped out in crude shelters erected in the rubble. The destruction becomes the demolition of the homes of terrorists.

I have stood in the remains of schools -- Israel struck two United Nations schools in the last six days, causing at least 10 fatalities at one in Rafah on Sunday and at least 19 at one in the Jebaliya refugee camp Wednesday -- as well as medical clinics and mosques. I have heard Israel claim that errant rockets or mortar fire from the Palestinians caused these and other deaths, or that the attacked spots were being used as arms depots or launching sites.

I, along with every other reporter I know who has worked in Gaza, have never seen any evidence that Hamas uses civilians as "human shields."

There is a perverted logic to Israel's repeated use of the Big Lie -- the lie favored by tyrants from Josef Stalin to Saddam Hussein. The Big Lie feeds the two reactions Israel seeks to elicit -- racism among its supporters and terror among its victims.

By painting a picture of an army that never attacks civilians, that indeed goes out of its way to protect them, the Big Lie says Israelis are civilized and humane, and their Palestinian opponents are inhuman monsters.

The Big Lie serves the idea that the slaughter in Gaza is a clash of civilizations, a war between democracy, decency and honor on one side and Islamic barbarism on the other. And in the uncommon cases when news of atrocities penetrates to the wider public, Israel blames the destruction and casualties on Hamas.

George Orwell in his novel "Nineteen Eighty-Four" called this form of propaganda doublethink. Doublethink uses "logic against logic" and "repudiate[s] morality while laying claim to it."

The Big Lie does not allow for the nuances and contradictions that can plague conscience. It is a state-orchestrated response to the dilemma of cognitive dissonance. The Big Lie permits no gray zones. The world is black and white, good and evil, righteous and unrighteous.

The Big Lie allows believers to take comfort -- a comfort they are desperately seeking -- in their own moral superiority at the very moment they have abrogated all morality.

The Big Lie, as the father of American public relations, Edward Bernays, wrote, is limited only by the propagandist's capacity to fathom and harness the undercurrents of individual and mass psychology. And since most supporters of Israel do not have a desire to know the truth, a truth that would force them to examine their own racism and self-delusions about Zionist and Western moral superiority, like packs of famished dogs they lap up the lies fed to them by the Israeli government.

But the Big Lie is also consciously designed to send a chilling message to Gaza's Palestinians, who have lost large numbers of their dwellings, clinics, mosques, and power, water and sewage facilities, along with schools and hospitals, who have suffered some 1,850 deaths since this assault began -- most of the victims women and children -- and who have seen 400,000 people displaced from their homes.

The Big Lie makes it clear to the Palestinians that Israel will continue to wage a campaign of state terror and will never admit its atrocities or its intentions. The vast disparity between what Israel says and what Israel does tells the Palestinians that there is no hope. Israel will do and say whatever it wants. International law, like the truth, will always be irrelevant. There will never, the Palestinians understand from the Big Lie, be an acknowledgement of reality by the Israeli leadership.

The Israel Defense Forces website is replete with this black propaganda. "Hamas exploits the IDF's sensitivity towards protecting civilian structures, particularly holy sites, by hiding command centers, weapons caches and tunnel entrances in mosques," the IDF site reads. "In Hamas' world, hospitals are command centers, ambulances are transport vehicles, and medics are human shields," the site insists.

"... [Israeli] officers are tasked with an enormous responsibility: to protect Palestinian civilians on the ground, no matter how difficult that may be," the site assures its viewers. And the IDF site provides this quote from a drone operator identified as Lt. Or. "I have personally seen rockets fired at Israel from hospitals and schools, but we couldn't strike back because of civilians nearby. In one instance, we acquired a target but we saw that there were children in the area. We waited around, and when they didn't leave we were forced to abort a strike on an important target."

Israel's ambassador to the United States, Ron Dermer, in a Big Lie of his own, said last month at a conference of Christians United for Israel that the Israeli army should be given the "Nobel Peace Prize ... a Nobel Peace Prize for fighting with unimaginable restraint."

The Big Lie destroys any possibility of history and therefore any hope for a dialogue between antagonistic parties that can be grounded in truth and reality.

And when facts no longer matter, when there is no shared history grounded in the truth, when people foolishly believe their own lies, there can be no useful exchange of information.

The Big Lie, used like a bludgeon by Israel, as perhaps it is designed to be, ultimately reduces all problems in the world to the brutish language of violence. And when oppressed people are addressed only through violence they will answer only through violence. More

 

 

© 2014

Going Wild in the Gaza War - by Sandy Tolan

The carnage in the Gaza Strip has been horrendous: more than 1,900 dead, mainly civilians; its sole power plant destroyed (and so electricity and water denied and a sewage disaster looming); 30,000 to 40,000 homes and buildings damaged or destroyed; hundreds of thousands of residents put to flight with nowhere to go; and numerous U.N. schools or facilities housing some of those refugees hit by Israeli firepower.

And then there was the evident targeting by the Israelis of the Gazan economy itself: 175 major factories taken out, according to the New York Times, in a place that already had an estimated unemployment rate of 47%.

The last weeks represent the latest episode in a grim, unbalanced tale of the destructive urges of both the Israeli government and Hamas, in a situation in which the most fundamental thing has been the desire to punish civilians. Worse yet, indiscriminate assaults on civilian populations create the basis for more of the same -- fiercer support in Israel for governments committed to ever worse actions and ever more recruits for Hamas or successor organizations potentially far worse and more fundamentalist), and of course more children traumatized and primed for future acts of terror and revenge.

Think of it as the Middle Eastern equivalent of a self-fulfilling prophecy, which means it hardly even qualifies as a prediction to say that Israel’s violent and punishing acts against the civilian population of Gaza will settle nothing whatsoever. In fact, for the Israelis, as Sandy Tolan suggests today, the Gazan War of 2014 may prove a defeat, both in the arena of global opinion (U.S. polls show that young Americans are ever more sympathetic to the Palestinians and disapproving of Israeli actions) and in relation to Hamas itself. History indicates that air strikes and other attacks meant to break the “will” of a populace, and so of a movement’s hold on it, generally only create more support.

These have been the days of the whirlwind in Gaza and in Israel, but don’t stop there. If you want a hair-raising experience, put these events in a larger regional context.

Following 9/11, the Bush administration and its neocon supporters dubbed the area that stretched from North Africa to Central Asia “the Greater Middle East” and referred to that vast expanse as “the arc of instability.” At the time, despite their largely Muslim populations, the nations of that sprawling region had relatively little in common; nor, on the whole, was it particularly unstable, even if the roiling Israeli-Palestinian situation already sat at its heart.

Ruled largely by strongmen and autocrats, those nations remained in a grim post-Cold War state of stasis. Three American interventions -- in Afghanistan (2001), Iraq (2003), and Libya (2011) -- blew holes through the region, sparking bitter inter-ethnic and religious conflict, as well as an Arab Spring (largely suppressed by now), while transforming most of the Greater Middle East into a genuine arc of instability. Today, what's happening there qualifies as the perfect maelstrom, as yet more states and groups, insurgent, extremist, or otherwise, are drawn into its maw of destruction.

To start on the eastern reaches of the Greater Middle East, Pakistan is now a destabilized democracy with a fierce set of fundamentalist insurgencies operating within and from its territory; Afghanistan is an almost 13-year nation-building disaster where the Taliban is resurgent and, in the latest “insider attack” at its top military academy, an Afghan soldier considered an American “ally” managed to kill a U.S. major general sent to the country to help “stand up” its security forces. Iraq is a tripartite disaster area in which another American-trained and -equipped army stood down rather than up and in which an extreme al-Qaeda offshoot, the Islamic State (IS) is at the moment ascendant. It has routed Iraqi and Syrian forces, and most recently, the supposedly fierce Kurdish pesh merga militia in northern Iraq, while endangering the Kurdish capital and possibly seizing the country’s largest dam. Turkish and Syrian Kurdish insurgents are being drawn into the fight in Iraq, as once again is the U.S.

Syria itself is no longer a country at all, but a warring set of extremist outfits facing what’s left of the patrimony (and military) of the al-Assad family. In Lebanon last week, regular army units found themselves battling IS extremists and their captured American tanks for the control of a border town. In Egypt, the military is back in power atop a disintegrating economy. In Libya, the chaos following the U.S./NATO intervention that led to the fall of autocrat Muammar Gaddafi never ended. Recently, factional militias fighting in Tripoli, the capital, managed to destroy its international airport, while diplomatic missions, including the U.S. one, were withdrawn in haste, and now the Egyptians are threatening an intervention of their own. Meanwhile, reverberations from the chaos in Libya have been spreading across North Africa and heading south. Only Iran (eternally under threat from the U.S. and Israel), Saudi Arabia (which helped bankroll the rise of the IS), and the Gulf States seem to have remained -- thus far -- relatively aloof from the chaos.

In sum, the vast region the Bush people so blithely called the arc of instability seems to be heading for utter chaos or a mega-conflict, while the predicted “cakewalk” of American forces into Iraq managed, in barely a moment in historical time, to essentially obliterate the regional borders set up by the European colonial powers after World War I. In other words, a world is being unified in turmoil and extremism, as thousands die and millions are uprooted from their homes, and all of this now surrounds the volatile, still destabilizing center that is the Palestinian/Israeli nightmare. There, as Sandy Tolan, a TomDispatch regular and the author of The Lemon Tree: An Arab, a Jew, and the Heart of the Middle East, points out, both Tel Aviv and Washington have, in recent years, ignored every chance to take a less violent path and so encouraged the arrival of the maelstrom. Tom - Follow TomDispatch on Twitter @TomDispatch.

Blown Chances in Gaza
Israel and the U.S. Miss Many Chances to Avoid War
By Sandy Tolan

Alongside the toll of death and broken lives, perhaps the saddest reality of the latest Gaza war, like the Gaza wars before it, is how easy it would have been to avoid. For the last eight years, Israel and the U.S. had repeated opportunities to opt for a diplomatic solution in Gaza. Each time, they have chosen war, with devastating consequences for the families of Gaza.

Let’s begin in June 2006, when the University of Maryland’s Jerome Segal, founder of the Jewish Peace Lobby, carried a high-level private message from Gaza to Washington. Segal had just returned from a meeting with Ismail Haniyeh, whose Hamas faction had recently won free and fair elections and taken power in Gaza. Hamas was seeking a unity government with the rival Fatah faction overseen by Mahmoud Abbas.

The previous year, Israel had withdrawn its soldiers and 8,000 settlers from Gaza, though its armed forces maintained a lockdown of the territory by air, land, and sea, controlling the flow of goods and people. Gazans believed they were trapped in the world’s largest open-air prison. For generations they had lived in overcrowded refugee camps, after their villages were depopulated by Israel and new Israeli cities built on their ruins in the years that followed Israel’s birth in 1948. By voting for Hamas in 2006, Palestinians signaled their weariness with Fatah’s corruption and its failure to deliver an independent state, or even a long-promised safe passage corridor between the West Bank and Gaza. In the wake of its surprise election victory, Hamas was in turn showing signs of edging toward the political center, despite its militant history.

Nevertheless, Israel and “the Quartet” -- the U.S., the European Union, Russia, and the U.N. -- refused to recognize the outcome of the democratic elections, labeling Hamas a “terrorist organization,” which sought Israel’s destruction. The administration of George W. Bush strongly pressured Abbas not to join a unity government. The Quartet suspended economic aid and Israel severely curtailed the flow of goods in and out of Gaza.

“It’s like meeting with a dietician,” remarked Dov Weisglass, a top aide to Israeli Prime Minister Ariel Sharon. “We have to make [Gazans] much thinner, but not enough to die.” Only years later did researchers prove that Weisglass was speaking literally: Israeli officials had restricted food imports to levels below those necessary to maintain a minimum caloric intake. Child welfare groups began to report a sharp rise in poverty and chronic child malnutrition, anemia, typhoid fever, and potentially fatal infant diarrhea. Human rights organizations denounced the measures as collective punishment. Avi Shlaim, a veteran of the Israeli army, author of numerous books on Middle East history, and professor of international relations at the University of Oxford, wrote:

"America and the EU [European Union] shamelessly joined Israel in ostracizing and demonizing the Hamas government and in trying to bring it down by withholding tax revenues and foreign aid. A surreal situation thus developed with a significant part of the international community imposing economic sanctions not against the occupier but against the occupied, not against the oppressor but against the oppressed. As so often in the tragic history of Palestine, the victims were blamed for their own misfortunes."

These punitive measures were to remain in place until Hamas renounced violence (including stopping its cross-border rocket attacks), recognized Israel, and accepted all previous agreements based on the Oslo peace accords.

Which brings us back to that Washington-bound letter from Gaza. In the wake of the elections, Hamas was no longer the militant opposition to a ruling Fatah party, but a legally elected government operating under siege. Hamas leader Ismail Haniyeh, suddenly responsible for governing and facing a mounting economic, humanitarian, and political catastrophe, sought to defuse the situation. In his June 2006 hand-written note to President Bush that Jerome Segal delivered to the State Department and the National Security Council, he requested a direct dialogue with the administration.

Despite Hamas’s charter calling for the elimination of Israel, Haniyeh’s conciliatory note to the American president conveyed a different message. “We are so concerned about stability and security in the area that we don't mind having a Palestinian state in the 1967 borders and offering a truce for many years,” Haniyeh wrote to Bush. This essentially added up to an offer ofde facto recognition of Israel with a cessation of hostilities -- two of the key U.S. and Israeli demands of Hamas.

“The continuation of this situation,” Haniyeh wrote to Bush, “will encourage violence and chaos in the whole region."

A few lonely voices in the U.S. and Israel urged that the moment be seized and Hamas coaxed toward moderation. After all, Israel itself had been birthed in part by the Irgun and Stern Gang (or Lehi), groups considered terrorist by the British and the U.N. In the years before Israel’s birth, they had been responsible for a horrific massacre in the Palestinian village of Deir Yassin and the Irgun bombing of the King David Hotel, killing 91 people. Leaders of the two organizations, Menachem Begin and Yitzhak Shamir, later became prime ministers of Israel. Similarly, Yasser Arafat, whose Palestine Liberation Organization was considered a terrorist group by Israel and the West, recognized Israel’s right to exist in a pivotal 1988 speech, paving the way for the Oslo peace process. More

 

© 2014

US Leaders Aid and Abet Israeli War Crimes, Genocide & Crimes against Humanity - Jurist

 

By sending vast amounts of military aid to Israel, members of the US Congress, President George W. Bush, President Barack Obama and Defense Secretary Chuck Hagel have aided and abetted the commission of war crimes, genocide and crimes against humanity by Israeli officials and commanders in Gaza.

An individual can be convicted of a war crime, genocide or a crime against humanity in the International Criminal Court (ICC) if he or she "aids, abets or otherwise assists" in the commission or attempted commission of the crime, "including providing the means for its commission."

There is growing evidence that Israeli leaders and commanders have committed the following war crimes, genocide and crimes against humanity as defined in the Rome Statute for the ICC. US military aid has aided, abetted and assisted the commission of these crimes by providing Israel with the military means to commit them.

During Operation Protective Edge, Israeli forces again used the Dahiye Doctrine, which, according to the UN Human Rights Council [Goldstone] Report [PDF], involves "the application of disproportionate force and causing of great damage and destruction to civilian property and infrastructure, and suffering to civilian populations."

A summary of Israeli leaders' extensive crimes is presented below.

US military aid to Israel

According to the Congressional Research Service, in 2007, the Bush Administration agreed to provide Israel with $30 billion [PDF] in military assistance from 2009 to 2018, provided in annual increments of $3.1 billion. During his March 2013 visit to Israel, Obama pledged that the US would continue to provide Israel with multi-year commitments of military aid subject to the approval of Congress.

Since 2012, the US has sent $276 million worth of weapons and munitions to Israel, not including exports of military transport equipment and high technologies. From January to May 2014, the US transferred to Israel almost $27 million for rocket launchers, $9.3 million worth of parts of guided missiles and nearly $762,000 for bombs, grenades and munitions of war.

On July 20, 2014, Israel requested additional ammunition, including 140mm tank rounds and 40mm illumination grenades, and the Defense Department approved the sale three days later. It came from a $1 billion stockpile of ammunition the US military stores in Israel for that country's use; it is called War Reserve Stockpile Ammunition-Israel. In early August 2014, both houses of Congress overwhelmingly passed, and Obama signed, an appropriation of $225 billion for Israel's Iron Dome missile defense system, which has also been used in Gaza. The Senate vote was unanimous. With no debate, the House of Representatives voted 395 to 8 to approve the deal.

Here is a summary of the crimes, as defined in the Rome Statute, Israeli leaders have committed and US leaders have aided and abetted:

War crimes

(1) Willful killing: Israeli forces have killed nearly 2,000 Palestinians (more than 400 children and over 80% civilians). Israel used 155-millimeter artillery, which, according to Human Rights Watch, is "utterly inappropriate in a densely populated area, because this kind of artillery is considered accurate if it lands anyplace within a 50-meter radius."

(2) Willfully causing great suffering or serious injury to body or health: Nearly 10,000 people, 2,500 of them children, have been wounded. Naban Abu Shaar told the Daily Beast that the dead bodies from what appeared to be a "mass execution" in Khuza'a looked like they were "melted" and were piled on top of each other; assault rifle bullet casings found in the house were marked "IMI" (Israel Military Industries). UNICEF said the Israeli offensive has had a "catastrophic and tragic impact" on children in Gaza; about 373,000 children have had traumatic experiences and need psychological help. The UN Relief and Works Agency for Palestine Refugees (UNRWA) said: "There's a public health catastrophe going on. You know, most of the medical facilities in Gaza are non-operational."

(3) Unlawful and wanton, extensive destruction and appropriation of property not justified by military necessity: Tens of thousands of Palestinians have lost their homes. More than 1,300 buildings were destroyed and 752 were severely damaged. Damage to sewer and water infrastructure has affected two-thirds of Gazans. On July 20, Israeli forces virtually flattened the small town of Khuza'a; one man counted 360 shell attacks in one hour. Reconstruction of Gaza is estimated to cost $6 billion. Israel shrunk Gaza's habitable land mass by 44 percent, establishing a 3 km "no-go" zone for Palestinians; 147 square miles of land will be compressed into 82 square miles. Oxfam described the level of destruction as "outrageous ... much worse than anything we have seen in previous [Israeli] military operations."

(4) Willfully depriving a prisoner of war or a civilian the rights of fair and regular trial: Nearly 2,000 Palestinians were arrested by Israeli forces during July 2014, according to the Palestinian Prisoners Center for Studies. Prisoners include 15 members of the Palestinian Legislative Council, about 240 children, dozens of women, journalists, activists, academics and 62 former prisoners previously released in a prisoner exchange. Israeli forces executed many prisoners after arrest, either by directly firing on them, refusing to allow treatment or allowing them to bleed to death. More than 445 prisoners are being held without charge or trial under administrative detention.

(5) Intentionally directing attacks against the civilian population, civilian objects, or humanitarian vehicles, installations and personnel: "The civilian population in the Gaza Strip is under direct attack," reads a joint declaration of over 150 international law experts. Israeli forces violated the principle of "distinction," which forbids deliberate attacks on civilians or civilian objects. Israeli forces bombed 142 schools (89 run by the UN), including six UN schools in which civilians were taking refuge. Israeli forces shot and killed fleeing civilians (warnings, which must effectively give civilians time to flee before bombing, do not relieve Israel from its legal obligations not to target civilians). Israeli forces repeatedly bombed Gaza's only power plant and other infrastructure, which are "beyond repair." Israeli forces bombed one-third of Gaza's hospitals, 14 primary healthcare clinics and 29 ambulances. At least five medical staff were killed and tens of others were injured.

(6) Intentionally launching attacks with knowledge they will cause incidental loss of life or injury to civilians or damage to civilian objects or long-term severe damage to the natural environment, if they are clearly excessive in relation to the anticipated military advantage: The principle of "proportionality" forbids disproportionate and excessive civilian casualties compared to the claimed military advantage gained in the attack. The Dahiye Doctrine directly violates this principle. Responding to Hamas' rockets with 155-millimeter artillery is disproportionate. Although nearly 2,000 Palestinians (over 80 percent civilians) have been killed, 67 Israelis (all but three of them soldiers) have been killed. The coordinates of all UN facilities were repeatedly communicated to the Israeli forces; they nevertheless bombed them multiple times. Civilians were attacked in Shuja'iyyah market.

(7) Attacking or bombarding undefended towns, villages, dwellings or buildings, or intentionally attacking religious, educational and medical buildings, which are not military objectives: On July 20, Israeli forces virtually flattened the small town of Khuza'a; one man counted 360 shell attacks in one hour. Israeli forces bombed 142 schools (89 run by the UN), one-third of Gaza's hospitals, 14 primary healthcare clinics, and 29 ambulances. Israeli shelling completely destroyed 41 mosques and partially destroyed 120 mosques.

Genocide

(a) With the intent to destroy, in whole or in part, a national, ethnical, racial or religious group: Palestinians, including primarily civilians, and Palestinian infrastructure necessary to sustain life were deliberately targeted by Israeli forces.

(b) The commission of any of the following acts

(i) killing members of the group: Israeli forces killed nearly 2,000 Palestinians.

(ii) causing serious bodily or mental harm to members of the group: Israeli forces wounded 10,000 Palestinians.

(iii) deliberately inflicting on the group conditions of life calculated to bring about its destruction in whole or in part: Israeli forces devastated Gaza's infrastructure, knocking out Gaza's only power plant, and destroying homes, schools, buildings, mosques and hospitals.

Crimes against humanity

(A) The commission of murder as part of a widespread or systematic attack against any civilian population: Israeli forces relentlessly bombed Gaza for one month, killing nearly 2,000 Palestinians, more than 80 percent of whom were civilians. Israeli forces intentionally destroyed Gaza's infrastructure, knocking out Gaza's only power plant, and destroying homes, schools, buildings, mosques and hospitals.

(B) Persecution against a group or collectivity based on its political, racial, national, ethnic or religious character, as part of a widespread or systematic attack against any civilian population: Israeli forces killed, wounded, summarily executed, and administratively detained Palestinians, Hamas forces and civilians alike. Israel forces intentionally destroyed the infrastructure of Gaza, populated by Palestinians. UN Secretary General Ban Ki-moon said: "the massive death and destruction in Gaza have shocked and shamed the world." He added the repeated bombing of UN shelters facilities in Gaza was "outrageous, unacceptable and unjustifiable."

(C) The crime of apartheid (inhumane acts committed in the context of an institutional regime of systematic oppression and domination by one racial group over another racial group, with the intent to maintain that regime): Ali Hayek, head of Gaza's federation of industries representing 3,900 businesses that employ 35,000 people, said: "After 30 days of war, the economic situation has become, like, dead. It seems the occupation intentionally destroyed these vital factories that constitute the backbone of the society." Israel maintains an illegal barrier wall that encroaches on Palestinian territory and builds illegal Jewish settlements on Palestinian lands. Israel keeps Gazans caged in what many call "the world's largest open air prison." Israel controls all ingress and egress to Gaza, limits Gazans' access to medicine, subjects Palestinians to arbitrary arrest, expropriates their property, maintains separate areas and roads, segregated housing, different legal and educational systems for Palestinians and Jews and prevents mixed marriages. Only Jews, not Palestinians, have the right to return to Israel-Palestine.

Collective punishment

Although the Rome Statute does not include the crime of collective punishment, it is considered a grave breach of the Fourth Geneva Convention, which constitutes a war crime. Collective punishment means punishing a civilian for an offense he or she has not personally committed; it forbids reprisals against civilians and their property (civilian objects).

Ostensibly to rout out Hamas fighters, Israel has wreaked unprecedented devastation on the people of Gaza, killing nearly 2,000 people (more than 80 percent of them civilians) and destroying much of the infrastructure of Gaza. This constitutes collective punishment.

On August 5, 2014, veteran Israeli military advisor Giora Eiland advocated collective punishment of Gaza's civilian population, saying: "In order to guarantee our interests versus the other side's demands, we must avoid the artificial, wrong and dangerous distinction between the Hamas people, who are 'the bad guys,' and Gaza's residents, which are allegedly 'the good guys.'" That is precisely the strategy Israel has employed during Operation Protective Edge.

Israel's occupation of Palestinian lands also constitutes collective punishment. Israel maintains effective control over Gaza's land, airspace, seaport, electricity, water, telecommunications and population registry. Israel deprives Gazans of food, medicine, fuel and basic services.

Prospects for criminal accountability

Both Israel and the US have refused to ratify the Rome Statute. But if Palestine were a party to the statute, the ICC could exercise jurisdiction over crimes committed by Israelis and Americans in Palestinian territory. The ICC could also take jurisdiction if the UN Security Council refers the matter to the ICC, or if the ICC prosecutor initiates an investigation of the crime. The US would veto any Security Council referral to the ICC. And the ICC prosecutor has not initiated an investigation. So the question is whether Palestine can ratify the statute, thereby becoming a party to the ICC.

In 2009, the Palestinian National Authority filed a declaration [PDF] with the ICC accepting the court's jurisdiction. In 2012, the UN General Assembly overwhelmingly recognized Palestine as a non-member observer state. During the present war, the Palestinian minister of justice and the deputy minister of justice both submitted documents to the ICC indicating that the 2009 declaration is still valid. On August 5, 2014, the Palestinian minister of foreign affairs met with officials from the ICC and inquired about the procedures for Palestine to become a party to the statute.

On July 25, 2014, a French lawyer filed a complaint with the ICC on behalf of the Palestinian justice minister. Citing Israel's military occupation of Palestinian territories, Israel's blockade of the Gaza Strip and the ongoing military operations there, the complaint alleges that Israel committed war crimes and other crimes. The Palestinian government has not formally commented on this complaint.

On July 23, 2014, the UN Human Rights Council established a commission of inquiry into Israeli violations of international human rights and international humanitarian law. The resolution also called on parties to the Fourth Geneva Convention to convene and respond to the alleged violations. That convention requires parties to prosecute violators. Countries can bring foreign nationals to justice for war crimes, genocide and crimes against humanity under the well-established doctrine of universal jurisdiction. Genocide charges could also be brought under the Genocide Convention, to which both Israel and the United States are parties. That convention also punishes complicity in genocide; US leaders' provision of military aid would constitute complicity.

Although the Israeli and US governments continue to maintain that Israel has only acted in self-defense against Hamas' terrorism, the weight of world opinion points in the opposite direction. There is overwhelming opposition to Israeli aggression in Gaza and calls for justice and accountability.

Both Israeli and US leaders must be criminally prosecuted for committing and aiding and abetting these crimes.

Marjorie Cohn is a professor at Thomas Jefferson School of Law, deputy secretary general of the International Association of Democratic Lawyers, and a former president of the National Lawyers Guild. Her next book, "Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues," will be published in September.

Suggested Citation: Marjorie Cohn, US Leaders Aid and Abet Israeli War Crimes, Genocide & Crimes against Humanity, JURIST - Forum, August 8, 2014, http://jurist.org/forum/2014/08/marjorie-cohn-israel-crimes.php.

 

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Palestinian elder fearlessly confronts Israeli soldiers

Video: Palestinian elder fearlessly confronts Israeli soldiers

The Hebron man does not back off even when a soldier fires towards him. www.electronicintifada.net

© 2014

Gaza: Widespread Impact of Power Plant Attack

(Jerusalem, Palestine) – The apparent Israeli shellfire that knocked out the Gaza Strip’s only electrical power plant on July 29, 2014, has worsened the humanitarian crisis for the territory’s 1.7 million people. Damaging or destroying a power plant, even if it also served a military purpose, would be an unlawful disproportionate attack under the laws of war, causing far greater civilian harm than military gain.

The shutdown of the Gaza Power Plant has had an impact on the population far beyond power outages. It has drastically curtailed the pumping of water to households and the treatment of sewage, both of which require electric power. It also caused hospitals, already straining to handle the surge of war casualties, to increase their reliance on precarious generators. And it has affected the food supply because the lack of power has shut off refrigerators and forced bakeries to reduce their bread production.

“If there were one attack that could be predicted to endanger the health and well-being of the greatest number of people in Gaza, hitting the territory’s sole electricity plant would be it,” said , deputy Middle East and North Africa director. “Deliberately attacking the power plant would be a war crime.”

The spokesperson for the Energy Distribution Authority, Jamal Dardasawi, was quoted in the media as saying that Israeli tank shells hit one of Gaza Power Plant’s fuel storage tanks. The attack caused a massive explosion and a fire that damaged other parts of the facility and took much of the day to extinguish.

The plant’s shutdown cut off all power for much of the territory. For years, Gazans have been living with electricity service for only part of each day, and those who can afford fuel run private generators to provide back-up power. A week after the strike, some service was restored to most neighborhoods, but less than the limited pre-conflict levels.

Shortly after the attack was reported, Israel denied targeting the plant but said its forces might have hit it accidentally. Human Rights Watch was unable to determine whether Palestinian fighters were deployed in the area when the plant was hit. However, Fathi al-Sheikh Khalil, deputy chairman of the Energy and Natural Resources Authority in Gaza, said that the al-Nusseirat area, where the plant is located, was being heavily bombed at the time of the strike. Khalil said that Gaza firefighters phoned him to say they could not approach the plant because of the ongoing attacks in the vicinity. As a result, the fire spread from the small storage tank that was initially hit to a larger one, he said.

The strike came at about 3 a.m. on a day of bombardment that was widely described as the heaviest in the first three weeks of fighting. Israeli airstrikes that day destroyed a central mosque and the home of the Hamas political leader, Ismail Haniya, and damaged government buildings and a building that housed the offices of Hamas-controlled television and radio stations. Israeli military operations that day killed about 100 Palestinians.

Israeli military operations have caused massive damage to Gaza’s infrastructure, including housing, factories, hospitals, mosques, and schools.

Under the laws of war, power plants, like airports, are considered dual-use objects – civilian objects that also benefit an armed force. As such they can be military objectives, subject to attack. However, any attack on a dual-use object must be proportionate. Attacks that can be expected to cause more harm to civilians and civilian structures than the anticipated military gain of the attack are prohibited. Expected civilian harm encompasses casualties over time as well as immediate civilian losses. Thus any attack on the Gaza Power Plant that would cause a significant shutdown would invariably be disproportionate, violating international humanitarian law.

Israel has denied attacking the power plant. Brig. Gen. Yaron Rosen, the commander of the Israeli Air Support and Helicopter Air Division, said on July 29 that Israel “has no interest” in attacking the plant. “We transfer to them the electricity, we transfer in the gas, we transfer in the food in order to prevent a humanitarian disaster,” he said. “So we attacked the power plant?” Rosen said it was possible Israel hit the power plant accidentally and that an internal investigation was under way. An August 4 CNN story on the electricity crisis stated that an Israeli Defense Ministry spokesperson had told CNN that Israeli forces were not involved in the attack.

Ribhi al-Sheikh, deputy head of the Palestine Water Authority, said the lack of electricity had idled wells – except where generators were able to provide some back-up power – as well as water treatment and desalination plants. Idling wells endangers crops that require water at the hottest time of year.

Most urban households in Gaza need electricity to pump water to rooftop tanks. Ghada Snunu, a worker for a nongovernmental organization, said on August 4 that her home in Gaza City had been without electricity since the attack on the power plant, forcing her family to buy water in jerry cans and to conserve the used household water to empty the toilets. The collapse of electricity service meant that many Gazans lacked access to the 30 liters of water that is the estimated amount needed per capita daily for drinking, cooking, hygiene and laundering, said Mahmoud Daher, head of the Gaza office of the UN World Health Organization.

Daher said that hospitals have been given priority for scarce electricity, with Shifa, the territory’s largest hospital, getting the most, at 16 hours a day. If the fuel required to run generators were to run out, or a generator to fail, a hospital could lose power.

An official at al-Quds Hospital in Gaza City told Human Rights Watch on August 7 that because of electricity interruptions:

We use a large generator for six to eight hours per day, then have to rely on three smaller ones, because the large one cannot be run full-time. If the large one goes, we don’t know how we would repair it, because of the lack of spare parts. It powers the oxygen station, the hospital’s two elevators, and the air conditioners – this amounts to 80 percent of the hospital’s total electricity consumption. When we use the smaller generators, they can only power one elevator, and none of the air conditioners, which makes it difficult for staff to work long hours in the August heat, and dangerous for patients.

Israeli forces had reportedly struck the power plant both earlier in the current fighting and in previous conflicts, Human Rights Watch said. The plant had been hit on five occasions since early July, according to the International Committee of the Red Cross. It closed briefly after shelling by Israeli forces on July 22 and 23, said Gisha, an Israeli nongovernmental organization. One of the strikes knocked out one of the plant’s generator sets, said Khalil of the Energy Authority.

He said repairing it and the storage tanks will take more than a year, but the plant can make temporary repairs that will enable it to produce 50 megawatts sooner, though at a higher cost. The power plant, in central Gaza, produced about 60 megawatts of power before the current fighting began, the deputy minister of the Palestine Energy Authority in Ramallah, Abdelkarim Abdeen, told Human Rights Watch.

Khalil said that about two days before the July 29 strike, Israeli authorities had passed a message to him via the UN Office for the Coordination of Humanitarian Affairs (OCHA) that the power plant was not a target and that its workers could move safely within the compound. No workers were hurt in the strike, he said.

In addition to the output from the plant, Gaza normally gets 120 megawatts of power from Israel via 10 transmission lines and 28 from Egypt via 3 lines. However, the recent fighting damaged 8 of the Israeli lines and 2 of the Egyptian lines, reducing the supply coming from Israel to 24 megawatts and from Egypt to 18 megawatts as of August 4, Abdeen said.

Damage to the Israeli and Egyptian power lines and then the attack on the power plant cut Gaza’s electricity supply to about 20 percent of the 200 megawatts it had before the conflict began. Gaza’s electricity needs are estimated at 350 megawatts, so power rationing and rolling blackouts were the norm even before war damage slashed the amount of power available.

Since the August 5 ceasefire, electricity power supplies have increased as repair crews have restored eight of the Israeli and all three of the Egyptian lines. Before the ceasefire, conflict conditions had made it hazardous for technicians to perform the necessary repairs, the International Committee of the Red Cross said. As of August 7, households were reportedly getting between three and seven hours of electricity, depending on their location in the Gaza Strip.

Eight years ago, on June 28, 2006, Israeli missiles hit the plant eight times, knocking out its transformers, three days after Hamas fighters in Gaza captured the Israeli soldier Gilad Shalit. Israel then delayed or blocked the delivery of material needed to fully repair the Gaza power plant. Then, in 2008, Israel cut its deliveries of electricity and fuel to Gaza for the declared purpose of pressuring armed groups to end their rocket attacks against civilians in Israel, a form of collective punishment in violation of the laws of war.

Israel has attacked power plants in hostilities outside of Gaza. During its armed conflict with Hezbollah, Israel deliberately bombed electricity plants in southern Lebanon, including on June 24, 1999, February 8, 2000, and May 5, 2000. The day after the 1999 attack, Israeli Brig. Gen. Dan Halutz said at a news conference that the Lebanese infrastructure targets “had been selected a long time ago,” and that the Israeli “government decided to carry out an attack on Lebanese infrastructure and not only on Hezbollah objectives...to stress that all power brokers in Lebanon who support Hezbollah’s murderous activity are liable to attack.” The attacks on electricity plants violated the laws of war prohibition against disproportionate attacks because their expected harm to the civilian population was greater than the military gain achieved.

The laws of war obligate countries responsible for violations to make full reparations for the loss or injury caused. This would involve at a minimum providing materials and assistance to permit the prompt restoration of the power plant to its pre-war capacity. Even while fighting continues, Israel should ensure humanitarian agencies have access to restore destroyed power lines, given their crucial humanitarian impact on the civilian population More

 

© 2014