ANOTHER FLAGRANT VIOLATION OF INTERNATIONAL LAW

ANOTHER FLAGRANT VIOLATION OF INTERNATIONAL LAW

Israel is again being condemned, this time by the World Health Organisation (WHO) for AGAIN refusing medical aid into the occupied territory IT controls.

Israeli authorities have refused to allow medical equipment worth $800,000 to be transferred to the Gaza Strip, the Palestinian news agency Ma'an reported on Friday.

The news agency quoted a spokesman for the World Health Organization (WHO) as saying Israel had prevented, for the fourth time, the transfer of medical equipment to Gaza through the Kerem Shalom border crossing, even though WHO had provided the required permit.http://en.rian.ru/world/20091030/156649969.html

Perhaps Israel needs to be acquainted with the Fourth Geneva Convention and the Hague Conventions of 1907;

The Fourth Geneva Convention (or GCIV) relates to the protection of civilians during times of war "in the hands" of an enemy and under any military occupation by a foreign power.

Collective punishments
Article 33. No protected person may be punished for an offense he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.

Section III. Occupied territories
Articles 47-78 impose substantial obligations on occupying powers
Section I. Provisions common to the territories of the parties to the conflict and to occupied territories

Article 32. A protected person/s shall not have anything done to them of such a character as to cause physical suffering or extermination ... the physical suffering or extermination of protected persons in their hands

WE WERE SCREWED~REFUND PLEASE?

I wish some enterprising Democrat who voted for the Bush incarnate, would put up a site encouraging all those who donated money to his campaign and voted for "change", to petition the DNC and ask for their money back, as they have been lied to.

Just what are they teaching at Harvard Law these days one wonders? Respect for International Law? Respect for the Geneva Convention? It took Obama two days to come out in support of his master, Israel, in order to condemn the the use of International Law and the Geneva Convention with regards to the War Crimes report by Goldstone and his UN team. And this from a man who studied at Harvard Law? How's that for change you can believe in? Feeling used yet? No? Well, we aim to please so perhaps you should be aware of this report out today in which America's masters are now asking for more help to circumvent and destroy the Geneva Convention and International Law. See here:

Israel on Wednesday asked a number of senior members of the Obama administration to assist in curbing the international fallout from the Goldstone Commission report released this week, which accuses Israel of committing war crimes in Gaza during Operation Cast Lead.

The Foreign Ministry decided Wednesday to focus their efforts to combat the report's accusations on the United States, Russia and a few other members of the United Nations Security Council and the Human Rights Council that are involved in the wars in Iraq and Afghanistan.

I need to point out to people that Obama just made a dirty deal with Russia on the Missile System, this is Putin's pay off for his vote on the Security Council mentioned above and also on any votes regarding Iran. So, how's that for Change you can believe in? And you actually thought Bush left the Whitehouse? Silly you, Oh but there is more:

The Israeli message is that the Goldstone report threatens those countries because it makes the war on terror very difficult,

Sounds like Bush in his so called "War on Terror." An attempt to make people support Israel going outside the realms of International law and the Geneva convention, in other words, it's like the CIA and torture, we can do what we want, we act with impunity and you will support us. Wait, that sounds familiar? We've heard this before, why just yesterday in fact:

Seven former directors of the Central Intelligence Agency asked President Obama on Friday to shut down the new Justice Department inquiry into past abuses during interrogations of terrorism suspects, arguing that it “will seriously damage” the nation’s ability to protect itself. link

Now any American who voted for Obama on his promise to close Guantanamo Bay, reign in the rogue out of control CIA, end the Bush/Cheney oil wars and extend a hand of friendship to the world by using diplomacy, has got to be able to see through this Obama charade by now. But Israel wants even more from their slave Obama:

and therefore efforts must be made to prevent it (Goldstone Report) from being brought before the International Criminal Court in The Hague. source

It is no longer enough for slave Obama to speak out in support of his masters, he now must use all of Americas powers in an illegal way, by doing dirty deals with Russia for votes in the Security Council against Iran and other nefarious situations that help Israel subvert International Law and the Geneva Convention. So effectively the Geneva Convention and International Law will mean nothing from that day forward. I sincerely hope that the US has no problems with other countries who may wish to follow Israel's lead by also choosing to ignore the Law and the Convention. It must be the Law for all, or the Law for none.

Netanyahu Attempts Another Blackmail of US Official

Israel, after recently attempting to "blackmail" the US by linking any movement on a Palestinian Peace Process to allowing military actions on Iran, yesterday issued yet another "Blackmail" order to the US.

Net-and-Yahoo met with U.S. National Security Adviser James Jones in Jerusalem and informed Jones that the “Gaza blockade won’t end until Shalit (An Israeli POW) is released.”

Israel wants to be able to invade countries at will without consequences. Unfortunately for Israel, the law of averages says that eventually you will loose. The rate, number and amount of border fighting, incursions, invasions and raids at some point would see the capture of an Israeli soldier, it’s a war, do the math. Additionally Israel does not honour the Geneva Convention, or any other International legislation that could possibly cause problems for IDF actions that to the rest of the world would be seen as outrageous. As such, Israel looks particularly ridiculous crying foul because a soldier was captured in a war.

Shalit was a legitimate capture of an enemy combatant and fair game. He was captured during a war, and is a “Prisoner of War” (POW) This does not give Israel the right to continue it’s worldwide condemned illegal siege on the entire population of Gaza. Additionally, there is no peace process at this time; technically the two sides are at war. And until such time as the war has ended then Shalit will remain a POW, that’s how it works no matter if Israel likes it or not. POW’s are traditionally released when wars end, this war continues due to Israel’s refusal to commit to peace and stop building illegal settlements on Palestinian land, another act of war.

Let us not forget there are hundreds of Palestinian POWS as well, being held in deplorable conditions and many jailed without trail. Israel has recently committed acts of international Piracy, hijacked a boat, in international and Gazan waters, then kidnapped and jailed a former US congress woman and other international figures. Those international figures have personally witnessed the terrible treatment and conditions first hand. So long as Israel holds its Palestinian POWS, then Palestine has the same right to hold Shalit. This does not give Israel the right to continue to break international laws by collectively punishing an entire population due to a captured Israeli combatant who is now a legitimate POW. Story below:

Netanyahu told Jones that Israel would not fully open the Gaza border crossings until captive Israel Defense Forces soldier Gilad Shalit was released.

Shalit was kidnapped by Gaza militants in a June 2006 cross-border raid. Hamas has demanded the release of hundreds of Palestinian prisoners held in Israeli jails in return for Shalit's freedom source

You can read about Israel blackmailing Obama on the peace process HERE

LIVE, FROM GAZA~IT'S WAR CRIMES TV

It appears the UN team who are now investigating the ZOF "Zionist Occupying Force" war crimes will be screening the hearings live. My first reaction was "Wooooo Whoooo" but then common sense and my spidy hairs began to tingle, always a bad sign. I wonder why this is? Why they would want to publicly air information that surely would piss off the Zionist Entity to the nth degree. The answer is one of three things. Either this is some sort of a larger picture to publicly humiliate Israel so as to give Obama some ammunition (excuse the pun) to use in order to force them into making peace. Or....the two bad options would be that this Team has already excluded any claims on various grounds, and they want to appear open and above board by listing the alleged crimes and then refuting them one by one. Or lastly, they found crimes were committed but are somehow unable to charge Israel and airing them publically is meant to mollify Gazans and the world. I vote #3 but hope I'm wrong, but what say you good people? Here's the report:

UN's Gaza war crimes probe to screen hearings live

The United Nations team which is investigating alleged war crimes committed during Operation Cast Lead, last January, announced on Wednesday that it would broadcast the hearings it plans to hold with Palestinian and Israeli victims live.

The team, led by veteran war crimes investigator Richard Goldstone, will hold the hearings in Gaza City on Sunday and Monday, UN officials said. (I hope there is live online streaming!!!)

Spokeswoman Doune Porter said that the hearings would be broadcast and the media would be allowed to view them from a separate room.

She said Wednesday that the team also would hold hearings in Geneva on July 6-7 under the same conditions. LINK

Israeli Jihadist Terrorists Kidnap Palestinians

Armed terrorists entered Palestine and kidnapped 6 Palestinians. They have been removed from their country and taken to an unknown location.Imagine this happening anywhere else in the world. Like America for instance. Say Canadians or Mexicans came sneaking across the border armed to the teeth and kidnapped 6 Americans taking them to an unknown location to do anything they like, ignoring the Geneva Convention and all UN resolutions. Only then can you see how the Zionist Entity is allowed to operate with impunity, because America allows it to and supplies it with weapons and billions of taxpayer money.

The Israeli military said on Tuesday morning that it detained six Palestinians from their homes in the West Bank overnight.

In a statement the army said the “suspects” were seized from the Qalqiliya area and from the village of Bil’in, west of Ramallah, which is known for its weekly nonviolent demonstration against Israel’s separation wall.

The Palestinians are being held at an unknown location.
source

Israeli IDF Terrorists Kidnap Palestinian Mother

This is Israel's version of sending a belated Mother's Day wish to Palestinians.
"Israeli Logic" you know, some words just are not meant to go together.......

Zionist IDF terrorists kidnap a 52 year old Mother of a man they want to arrest/question. Israeli logic and law at work here folks, you don't have to be guilty, just related to someone Israel "thinks" may be guilty and under "Israeli logic" they can kidnap you, even though you are innocent. Using this same logic, I suggest that the American government immediately check its "10 most wanted" list and following that, immediately kidnap the mother or family member of each person on the list, starting with Osama Bin Laden. Oh sorry, Ooooops, my bad,I forgot that the Bush's are BFF with Bin Ladens family..............Insanity follows below:

Israeli forces seized a 52-year-old mother from the West Bank city of Qalqiliya, Aadla Abed Al-Aziz Yassin, on Tuesday morning.

Her son, Muhammad Rafiq Yassin, is wanted by Israel for being a member of Hamas’ armed wing, the Izz Ad-Din Al-Qassam Brigades.

Israeli security officials raided the Khalet Yassin area of Qalqiliya at 6am, attacking Yassin’s house, detaining the mother and taking her to an unknown location.

Israel has often arrested the mothers and wives of “wanted” Palestinian men in order to pressure them into turning themselves in. source

These "people" have no morals what so ever. War Crimes anyone?

MORE TORTURE Trouble for Israel

Well, well, this reminds me of Iraq, perhaps the Bush Administration learned this little trick from Israel. Hide the torture chambers, Shhhhhhhhhh,mums the word.......
Not so fast, the UN wants to see them.

The United Nations anti-torture committee has demanded access to an Israeli secret prison where torture is allegedly being practiced.

The UN Committee Against Torture in Geneva prepared a document on Israel's record on torture on Tuesday and called on Tel Aviv to release information on the alleged "Facility 1391" which is situated in an "undetermined location within Israel and which is not accessible to the International Committee of the Red Cross or detainees' lawyers or relatives."

"Allegations of torture, ill-treatment and poor detention conditions in this facility have been reported to the committee," read the document.

The committee said it had received reports according to which "Palestinian detainees are subjected by Israeli security officials to acts in violation" of the anti-torture convention, including beatings, sleep deprivations and sharp twisting of the head.

The committee is scheduled to publish a report on Tuesday's hearing on May 15.

According to reports, Palestinian detainees were kept in solitary confinement in cells that ranged from 3 to 6 square meters with no windows or access to daylight or fresh air.

Several reports from at least eight NGOs, including B'Tselem, Hamoked Center for the Defense of the Individual, Physicians for Human Rights and Amnesty International, have been received this year by the committee over Israeli violations of the UN Convention Against Torture. source

Israeli Army Shoot 12 Year Old Child

Today the Israeli Army Child Killing Unit shot another child. But no need to worry, decent people of the world, after all they are “allowed” to shoot 12 year old children. Why? Because, according to Israel, you are no longer a child when you turn 12 years old. Never mind that the world definition of legal adult age is 18 years old, like everything else, Israel makes it’s own rules to suit it’s purpose of ethnic cleansing as was so graphically depicted in the T-Shirts the IDF soldiers gleefully wore with pregnant women and with children on them as targets. Israel has a long standing Army policy of shooting children since as far back as the year 2000, as I will point out after today's shooting report below:

Israeli forces apprehended a young Palestinian after injuring him east of Beit Hanoun in the northern Gaza Strip.

Local sources said Israeli troops seized 12-year-old Ayman Shamiyya after shooting him while he was playing. There was no word about how serious the boy's injuries were. source

So let's now take a look at an interview that was given by an IDF sharpshooter in his own words no less. The important thing to notice here (aside from the FACT that they shoot 12 year olds!!!) is that this interview was done, not now, but in 2000,(thanks Owl for pointing the date out) a whopping NINE years ago. Which, points out that this "policy" of murdering Palestinian children is just "part and parcel" of everyday life in the Israeli military.

Don't shoot till you can see they're over the age of 12
He doesn't know how many children have been killed in the violence of the past two months, but he's sure that the army 'shoots everyone who needs to be shot.' A day in the life of an IDF sharpshooter.

Q:You haven't shot children.

A:"All the sharpshooters haven't shot children."

Q:But nonetheless there are children who were hit, wounded or killed after they were hit in the head. Unless these were mistakes.

A:"If they were children, they were mistakes."

Q:Do they talk about this?

A:"They talk to us about this a lot. They forbid us to shoot at children."

Q:How do they say this?

A:"You don't shoot a child who is 12 or younger."

Q:That is, a child of 12 or older is allowed?

A:"Twelve and up is allowed. He's not a child any more, he's already after his bar mitzvah. Something like that."

Thirteen is bar mitzvah age.

"Twelve and up, you're allowed to shoot. That's what they tell us."

Q:Again: Twelve and up you're allowed to shoot children.

A:"Because this already doesn't look to me like a child by definition, even though in the United States a child can be 23."

Q:Under international law, a child is defined as someone up to the age of 18.

A:"Up until 18 is a child?"

Q:So, according to the IDF, it is 12?

A:"According to what the IDF says to its soldiers. I don't know if this is what the IDF says to the media."

Q:And children are from 12 down. Is there no order that between 12 and 18 you shoot at the legs and not the head?

A:"Of course we try to see to it that he really is over 20."

Q:In the 10 seconds that you have.

A:"In the 10 seconds that I have, I have to estimate how old he is."

Q:And in what direction the wind is blowing, and the deviation here and there, and which way he'll jump the next moment.

A:"Yes, but there are hardly any mistakes by sharpshooters. The mistakes are made by people who aren't sharpshooters."

Q:And it turns out that they happen to hit the children's heads, and all this is just by chance?

A:"If you say you have seen children that have been hit in the head a lot, then it is sharpshooters."

Q:So what you're saying is that our definition of children is different.

A:"Your definition is different."

Q:Because for you it's someone who is 12.

A:"Yes."

Q:I want to persist in the matter of the 12-year-olds. Why was this age set?

A:"I have heard that it was important to the IDF to know whether someone was over 12, so therefore I understood that the age of 12 is a border line. They haven't told us any age, just that we must not shoot at children. The IDF doesn't specify ages. We take care not to kill, not to have incidents with many dead. Six dead is normal, there could have been a lot more." link

And, just to hammer home this "policy" of murdering children, yet another interview with another "Israeli Child Killer" soldier who is quite proud of his killing of a beautiful little girl called Iman, who did nothing wrong, except have the misfortune to be born Palestinian and live next to a genocidal rogue state called Israel. Again, this is a report from 2004, so this "policy" is nothing new for Israel as they have been killing children for almost TEN years, since 2000.

Israeli officer: I was right
to shoot 13-year-old child

An Israeli army officer who repeatedly shot a 13-year-old Palestinian girl in Gaza dismissed a warning from another soldier that she was a child by saying he would have killed her even if she was three years old.

The officer, identified by the army only as Captain R, was charged this week with illegal use of his weapon, conduct unbecoming an officer and other relatively minor infractions after emptying all 10 bullets from his gun’s magazine into Iman al-Hams when she walked into a “security area” on the edge of Rafah refugee camp last month.

A tape recording of radio exchanges between soldiers involved in the incident, played on Israeli television, contradicts the army’s account of the events and appears to show that the captain shot the girl in cold blood

Record of a shooting:

Watchtower
‘It’s a little girl. She’s running defensively eastward’

Operations room ‘Are we talking about a girl under the age of 10?’

Watchtower‘A girl of about 10, she’s behind the embankment, scared to death’

Captain R (after killing the girl)‘Anything moving in the zone, even a three-year-old, needs to be killed’

Captain R took the unusual decision to leave the post in pursuit of the girl. He shot her dead and then “confirmed the kill” by emptying his magazine into her body.link

So what we can see from this child killer report above, are two things, firstly, the "watchtower" asks if the girl is over 10 years old, this seems to be in breach of their insane and illegal policy of killing 12 year olds, as they now seem to reduce the age to 10 years old, so which is it Israel? 12 year olds, 10 year olds, or just all Palestinian children that are alive and breathing? Secondly, this "murdering scum soldier" believes in shooting even a 3 year old child as he stated. Makes you wonder how many more are just like this killer, given what we have seen in Gaza recently. And lastly, see what the United Nations had to say about the Israeli Child Murderers three years ago in 2006:

United Nations
October 5, 2006

Ninety-one Palestinian children have already been killed this year in the West Bank and Gaza, almost double the number for the whole of 2005, with youngsters suffering increasing levels of stress from violence and fear in the Israeli-Palestinians conflict, according to the latest United Nations Children’s Fund (UNICEF) update source

So, I think it is clear to say that there has been, and continues to be, an open policy to murder Palestinian children by the Israeli Army. Given that Israel would be well aware of these many incidents and numbers from the last NINE years. And yet, they have done nothing to stop murdering children in all these years. Indeed, after their genocide in Gaza their "soldiers" had T-Shirts printed to celebrate killing pregnant Palestinian women and children.

PHOTOS OF IMAN BEFORE AND AFTER HER ENCOUNTER WITH ISRAELI CHILD KILLING SOLDIERS:
PLEASE REMEMBER ALL THE HUNDREDS OF INNOCENT CHILDREN MURDERED BY ISRAEL.
Americans need to stop funding the killing of children, stop sending Israel BILLIONS of your tax payer dollars when Americans are loosing jobs and their homes.

War Crimes~More Trouble for Israel

Along with Spain and Iran, add Norway to the mix now. Lawyers in Norway have filed charges of war crimes against Israel. Charged are Olmert and nine others, including Tzipi Livni, Ehud Barak. Good for Norway!

Norwegian lawyers have officially filed Wednesday in Oslo a complaint against former Israel's Prime Minister Ehud Olmert and nine other top officials accusing them of "war crimes" against the Palestinian population of the Ghaza Strip during Israeli aggression from 27 December to 25 January.

"We received the complaint. We're going to study and evaluate it before possibly transferring it to the police," said General Prosecutor Siri Frigaard. Six lawyers decided on Tuesday to lodge a complaint against Ehud Olmert, former Foreign Minister Tzipi Livni, Defence Minister Ehud Barak and seven other senior Israeli army officers. link

Israel Starting to Freak

And now the whining starts

The following are excerpts from a LONG editorial regarding the upcoming investigation into Israeli war crimes headed by Jewish south African Richard Goldstone. All has been quiet on the Israeli front since the little flurry of media attention when Goldstone was picked. However, now Israel is starting to fret, complain and cry that they are being "singled out" which is their usual tactic when accused of crimes. Some excerpts are below, the most outrageous ones. To read the entire hasbara-babble you can take the link below at the end. I do find it stunning the excuses and mindset of Israelis in their attempt to defend the indefensible. While they attempt to create some type of insane "logic" the rest of the world is not buying it anymore. We want justice for all those murdered children and we won't forget what took place!

Analysis: Goldstone mission just another unfair UN fact-finding farce, I'm afraid

Accusations of war crimes and human rights violations by Israel during the recent hostilities in the Gaza Strip - whether from inside Israel or outside - seem to be developing into a fixation among those in the international community who await the opportunity to bash Israel.

(No,not to "bash" Israel, but to hold it accountable for what it did!)

The fact that there exists a clear double standard, and that Israel is singled out for special treatment - whether justifiably or not - is regrettably a given factor in the international reality in which we live.

(multiple probs here, firstly,what double standards, they always use this as an excuse, there can be NO excuse to act as they did, clearly overkill and the illegal use of weapons as well. Secondly, this "special treatment" crapola is just that, absolute rubbish! Israel chose to commit genocide on a population that was corralled into an area with NO ESCAPE! And, when the innocent people DID attempt to find safety in UN compounds or their own homes, they were systematically butchered and bombed. Israel singled out? Of course they are singled out, Hamas had no DIME missiles, no tanks, no drones, no vast armed army, no white phosphorous and no huge arms deals with the USA. So yes, Israel is at fault for killing hundreds of civilians and children. And lastly, this statement of "Justifiably or Not" is ludicrous, does he mean that no matter if Israel IS guilty it should be overlooked because he believes that Israel is being singled out? Preposterous!)

the question once again arises whether Israel should agree to cooperate with Goldstone and his mission.

(Why should Israel have an "option" to agree, it has NO option to agree as these are CRIMES being investigated. Criminals do not get to decide if they will go along with an investigation, how moronic!)

Taken at face value, and in a perfect world of genuine bona fides, such a mandate might indeed appear reasonable. Appointing a Jew to head the mission, as the UN press statements take pains to stress, and Goldstone's membership in the Board of Governors of the Hebrew University, was doubtless intended to serve as an additional factor in persuading Israel to cooperate with the mission.

(Taken at face value in a perfect world of bona fides? What he really means here is a perfect solution for Israel where no one attempts to hold them accountable. Or one where they have some type of "fix" in where they participate but never get charged or convicted, so sorry, not this time!)

However, the world is not perfect, and the impartiality of the mission and its independence, as well as the motivations behind it, are far from genuine and give rise to justifiable doubts as to its bona fides.

(Oh, here we go, typical Israeli HASBARA, any commitee or investigation that actually decides to do a real investigation or place charges against Israel is somehow not a "genuine" mission, or fails to have genuine "motivations" this is just SO outlandish to non-Zionists and the rest of the normal world.)

The mandate emanates from a UN Human Rights Council resolution dated January 12 of this year and entitled Council Resolution S-9/1, on the grave violations of human rights in the Occupied Palestinian Territory, particularly due to the recent Israeli military attacks against the Gaza Strip.

The resolution, tabled - and supported by such paragons of international humanitarianism as Cuba, Egypt, Pakistan, Saudi Arabia, South Africa and others - was adopted by 33 votes in favor, one (Canada) against and 13 abstentions (European countries).

(Well now, I understand completely that Israel thinks it, along with the USA, should be allowed to control the rest of us peons. Additionally I see they lumped Egypt into their "hate" group, so perhaps Egypt should stop being an agent for Israel as no matter how many Palestinians they capture for Israel, nor how many people they detain or stop from entering Gaza,or how many humanitarian aid trucks, shipments of "pasta" and "baby diapers" they seize for Israel, it's just not enough. all the while loosing face with the rest of the Arab world and for what? To be still slagged off by Israel because they went along with the other 32 nations at the UN? Wake up Egypt, you will always be the house negro as far as Israel is concerned. And lastly, Canada has a racist government controlled by the Zionist lobby as was evident when it embarrassed itself to the world by banning George Galloway, when, the USA had NO problems letting him in. so that takes care of Canada. The rest of the EU is shit scared of the US and Israel and at the same time won't go against the proposal due to the vast majority of the people living in those EU countries came out in their millions to demonstrate against Israel's attempted ethnic cleansing and holocaust in Gaza. That is your answer!)

Further to the questionable basis of the mission's mandate, some thought might be given to the mission's composition. Without impinging on the good intentions and bona fides of Goldstone, it might be noted that Christine Chinkin, professor of international law at the London School of Economics, together with other British academics, addressed a letter to The Guardian on January 5 that was extremely critical of Israel's action in the Gaza Strip.

With all the good intentions that Israel might have in wishing to cooperate with any fair and impartial international mission, one may assume that this mission, like its predecessors, is doomed to fail, and in any event could not claim, in the words of Goldstone, to "make a meaningful contribution to the peace process in the Middle East and to providing justice for the victims."

Nothing good will come from this mission.

(Note, that Goldstone's statement regarding the importance of this investigation e.g. to "make a meaningful contribution to the peace process in the Middle East and to providing justice for the victims." was used totally out of context by this Israeli writer. Again, HASBARA at work, but no matter how much they wiggle and squirm, the world wants justice against Israeli criminals this time and we intend to get it.)

You can read the entire bullshit HASBARA editorial HERE if you can stand it.

Israel To Stand Trial in Spain!!!!

Well, don't ya just love Spain??? They did not cave in to the Jewish lobby or Lawyers representing Israel. I wrote about this HERE Where a group of Lawyers representing Israel were attempting to get the Judge to drop the case, saying "Israel" would do it's own investigation (ROTFLMAO) However, evidently the Spanish Judge thinks humanity can best be served if someone other than Israel handles the investigation and charges. I agree! Should they be convicted, they will be trapped in Israel for life, never being able to leave the country for fear of being arrested!! Story below:

CRIMES AGAINST HUMANITY~Israel To Stand Trial in Spain

Spanish National Court Judge Fernando Andreu says he will redouble his probe of seven top Israeli military and government officials for suspected 'crimes against humanity.' He made the decision after determining that documents forwarded by the Israeli Embassy in Madrid show that Israel has decided not to prosecute anyone for the targeted assassination of Salah Shehadeh, the commander of the military wing of Hamas, in Gaza City in 2002. Spanish law allows the prosecution of foreigners for such crimes as genocide, crimes against humanity and torture committed anywhere in the world if the suspects will not be tried in their home country.

A seven-page court document says the initial evidence suggests that the attack in the densely-populated Gaza City, which killed 14 civilians, 'should be considered a crime against humanity.' Supporters of the lawsuit say Spain should pursue the suit because it has 'universal jurisdiction' in such cases.

Andreu will now probe former Israeli Defense Minister Binyamin Ben-Eliezer, former Air Force Commander Dan Halutz, former head of the National Security Council Giora Eiland, and four other senior officials. Andreu will also seek testimony from Palestinian witnesses. The court will ask Israel to formally notify those named in the complaint so that they can be called by the judge to testify. Should Andreu decide to issue an international arrest warrant for any of the seven Israelis, they could be detained upon arrival in any EU member state.

The lawsuit has sparked outrage in Israel, which is trying to fend off foreign censure over the civilian death toll during Operation Cast Lead in January 2009. Israeli Defense Minister Ehud Barak has rejected the complaint as 'delirious' and pointed out that Shehadeh was a terrorist mastermind responsible for the deaths of many dozens of innocent people. 'Whoever calls taking out a terrorist 'a crime against humanity' lives in an upside-down world,' he said. Barak vowed to do 'everything possible to get the investigation dismissed.'

Incoming Prime Minister Binyamin Netanyahu called the Spanish probe outrageous. 'It's absurd: Israel is fighting against war criminals and they are charging us with crimes'' said Netanyahu. 'There is nothing more ridiculous and absurd than them accusing us, a democracy legitimately protecting itself against terrorists and war criminals, of these crimes; it is absurd and makes a mockery out of international law,' he said

Sorry, but Israel makes a mockery our of international law, 62 UN resolutions against it, does not recognise the Geneva Convention, murders children, uses weapons in illegal ways, the lest is endless! This time they will pay! When Israel does not get its way it then resorts to threats, they are thugs, see below:

Knesset Member Aryeh Eldad, pointing to what many see as rank hypocrisy by Spain, has called for Israel to put former Spanish officials on trial for their role in the NATO bombing of Serbia in 1999. His official petition, which was sent to Israeli Attorney General Menachem Mazuz, says: 'In those bombings, hundreds, perhaps thousands, of innocent civilians were killed because NATO pilots dropped their bombs from extremely high altitudes in order not to endanger themselves. They thus caused mass civilian casualties. It is fitting that the State of Israel try the Spanish political and military leaders for war crimes if Spain does not immediately revoke the charges against the Israeli Defense Minister and Chief of Staff.'

Sensing that the case has the potential to further cement Spain's image as one of the most anti-Israel countries in Europe, Spanish Foreign Minister Miguel Ángel Moratinos said his government would consider a proposal to amend the controversial war crimes law that now allows the court to investigate the Israelis. But he was immediately contradicted by Deputy Prime Minister María Teresa Fernández de la Vega, who stated defiantly that 'Spain is a country ruled by law and the justice system [here] enjoys absolute independence. This was made clear to Israel and we are sure they understand this.'

So far none of the lawsuits filed against Israel in Europe have ever reached the stage of a court trial where Israeli leaders have appeared before a foreign judge. But Spain's case against Israel could open a Pandora's Box as sundry political organizations try to use the Spanish legal system to charge Israelis and others who are fighting terror. Indeed, Israel is now bracing for a wave of lawsuits which accuse it of human rights violations during Operation Cast Lead.

Well, if the Crime fits, you cannot acquit!!! Israel is GUILTY OF WAR CRIMES!

At the moment, Israel's best option for avoiding a messy and precedent-setting trial may be to exert diplomatic pressure to persuade Spanish authorities that Spain has a vested interest in protecting its justice system from malicious abuse. Britain reached that conclusion in wake of the Almog affair in 2006. And Belgium rolled back its universal jurisdiction law in 2003 after former US Secretary of Defense Donald Rumsfeld threatened to pull NATO headquarters out of Brussels.

Here's hoping the Spanish Government and Judge hold the line against what will surely be an onslaught of venom coming their way from all directions. After all, Israel is very used to being allowed to commit crimes and not be change. They have been getting away with murder for years, it's time to stop it now!

Lawyers Asking Spanish Judge to Drop War Crimes Case

Gaza 2002-Gaza 2009

Some lawyers ( for Israel) in Spain are attempting to get the Judge to drop the case against Israeli war criminals stemming from another murdering spree in Gaza by Israel back in 2002. They are asking him to drop it because "war crimes" are already being investigated "in Israel" ROFLMAO. As if Israel can police itself, Puhleeese! The reason they are worried is that should a conviction take place them those murdering scum criminals can be arrested should they set foot outside of Israel. So let's hope the Spanish judge holds the line against the Layers representing the Jewish lobby in Spain. Story below:

Spanish prosecutors seek to shelve Israel case

MADRID (AFP) — Spanish public prosecutors have asked a Spanish court to shelve a complaint against seven top Israeli military figures over a deadly bombing of Gaza in 2002, a judicial official said Thursday.

The prosecutors justified the move on the grounds that the alleged crimes against humanity in question are already the subject of a legal procedure in Israel, the source said.

Yeah, that's a really GOOD reason to drop the case. Israel a moral country that will offer up a transparent investigation and then punish their own. Anyone who believe that I have some swamp land to sell you.

They argued the complaint should be shelved "to avoid a duplication of proceedings" and to give "preference to the jurisdiction of the state where the facts occurred", the source added.

Tell you what, let them both go forward and we will see which one tells the truth. My money is on Spain!

Judge Fernando Andreu of the National Audience agreed on January 29 to pursue the complaint against former Israeli defence minister Benjamin Ben-Eliezer and six senior military officials, sparking strong objections from Israel.

Spain assumes the principle of universal jurisdiction in alleged cases of crimes against humanity, genocide, and terrorism but only if the alleged crimes are not already subject to a legal procedure in the country involved.

It is now up to Andreu to rule on the request to shelve the complaint, which was filed by the Palestinian Centre for Human Rights.

The complaint concerns an Israeli air attack on July 22, 2002 on Gaza City which killed a suspected leader of the Islamist movement Hamas, Salah Shehadeh, along with 14 civilians, mainly children.

Some 150 Palestinians were also wounded, according to the complaint.

Israeli Defence Minister Ehud Barak had rejected the complaint as "delirious" and said he would do "everything possible to get the investigation dismissed".

See? Israel are baby killers, and Israel has already decided the outcome of any investigation, they are all innocent of any crimes, because, like they keep telling everyone "The Israeli Army is the Most Moral Army in the World" Hey Israel, you loose, we saw you commit genocide in Gaza three months ago. You are an immoral rogue state filled with war mongers and racists who murder children at will.

In addition to Ben-Eliezer, the complaint names the then army chief of staff, General Moshe Yaalon, as well as the then head of the Israeli air force, General Dan Halutz.

It also names General Doron Almog, national security council head Giora Eiland, Michael Herzog, a defence ministry official, and Avi Dichter, director of the Shin Beth intelligence agency.

Andreu's decision to pursue the complaint came just days after Israel's offensive against Hamas in Gaza, which according to Gaza medics killed more than 1,300 Palestenians, nearly a third of them children, and injured 5,300 others.

Well, doesn't this all sound very familiar? Baby killers in Gaza 2002,and baby killers in Gaza 2009, Israel are nothing but war criminals who act with impunity and want to ethnically cleanse Palestine.

Whitewashing IDF Atmosphere of Brutality

Israeli military police have closed an investigation into soldiers' accounts of abuses committed in Gaza, saying they were based on hearsay.

An Israeli military college published the accounts, which included claims that soldiers fired on civilians and vandalised property.

The probe concluded that the stories were "purposely exaggerated".

"The climate in general... I don't know how to describe it.... the lives of Palestinians, let's say, are much, much less important than the lives of our soldiers," an infantry squad leader was quoted saying in reports carried in Israeli newspapers.

While academy director Dany Zamir told public radio that "[the testimonies] conveyed an atmosphere in which one feels entitled to use unrestricted force against Palestinians".

Testimonies, which were given by combat pilots and infantry soldiers, also included allegations of unnecessary destruction of Palestinian property.

"We would throw everything out of the windows to make room and order. Everything... refrigerators, plates, furniture. The order was to throw all of the house's contents outside," a soldier said.

Heavy civilian casualties during the three-week operation which ended in the blockaded coastal strip on 18 January have provoked an international outcry.

IDF Closes Inquiry Into Gaza Violations~Typical!

Well, this comes as no surprise, its Israel after all; the chosen ones don’t have to abide by the same laws as the rest of us peons. Especially when it comes to getting away with murder. Today Israel released a report saying that “two” stories” of excessive force are false. IMHO this is them getting what they can now before all hell breaks loose and they all get charged with international war crimes. Well guess what, you may be able to squirm out of these two incidents, but the International community is not done with you yet Israel. Don’t get too comfy in your armchair next to Satan…………….

from Haaretz:

IDF ends Gaza probe, says misconduct claims are 'rumors'

Military Advocate General Brig. Gen. Avichai Mendelblit on Monday instructed the Military Police Investigation unit to close the investigation into soldiers' accounts of alleged misconduct and serious violations of the army's rules of engagement during Operation Cast Lead.

In a press release issued Monday the army said that the preliminary Military Police investigation into the testimonies revealed that they "were based on rumors and not first-hand experience."

However, the Military Advocate General's announcement does not address testimonies published by the Associated Press on Friday that corroborate soldiers' accounts with testimonies given by Palestinians.

The probe was launched earlier this month after IDF soldiers were quoted as telling a military cadet academy that combat troops in Gaza fired at unarmed Palestinian civilians and vandalized property during Operation Cast Lead. The army has barred those soldiers from speaking to the press. (Hmm wonder why?.....NOT!)

The testimonies include a description by an infantry squad leader of an incident where an IDF sharpshooter mistakenly shot a Palestinian mother and her two children. "There was a house with a family inside .... We put them in a room. Later we left the house and another platoon entered it, and a few days after that there was an order to release the family. They had set up positions upstairs. There was a sniper position on the roof," the soldier said.

Another squad leader from the same brigade told of an incident where the company commander ordered that an elderly Palestinian woman be shot and killed; she was walking on a road about 100 meters from a house the company had commandeered.

UPDATE~US Involvement in Sudanese Attack

Well after several days of "Mum's the word" from the USA and Israel regarding who carried out the TWO bombings in Sudan during January and February 2009. We now have some interesting info coming out. Remember I wrote about it HERE and HERE that it was suspicious and that only two countries would have the air capabilities to carry out such and attack, e.g. Israel or America, well, looky here, today the US has said it "warned" Sudan of the coming air strikes. Translation, the US was involved and assisted Israel in some fashion as it was well aware of what was about to take place. I reckon "hope" and "change" may not have arrived in Washington after all. Story below

Report: U.S. warned Sudan before attack on Gaza convoy

The U.S. warned the Sudanese government that weapons were being smuggled into the Gaza Strip through its territory ahead of a recent attack on a Gaza-bound arms convoy, which foreign media has attributed to the Israel Air Force, the pan-Arab daily Al-Sharq al-Awsat reported Monday.

a senior American official transferred a message to a Sudanese government official and asked him to make sure that the message makes its way to Sudan's leaders in Khartoum so that immediate steps can be taken to put a stop to the smuggling of weapons. The sources said that the Sudanese security establishment declared that the issue would be investigated, shortly before the first attack.

Doesn't look as though any time was given for the Sudanese Government to investigate, the US and Israel decided to act without allowing any time for any investigations. What a disgrace, 39 killed and civilians injured!

On Friday, the American network ABC reported that the IAF had targeted a convoy of trucks in Sudan carrying Iranian weapons to Gaza in January. According to the report, 39 people riding in 17 trucks were killed, and civilians in the area sustained injuries.

And why was the convoy not stopped and the drivers arrested, why were the murdered? Additionally civilians were harmed as well. This is not right, arrest them, but what gives Israel and America the right to bomb inside another country. I guarantee if this had been some country like Russia, Egypt or some other Middle East country, they would not have been so "trigger happy" form the air!

In light of the fact that the attacks occurred in such close proximity to the American warning, Sudanese officials initially assumed that it was the U.S. that was behind the bombings. However, when the U.S. denied involvement, the accusations were pointed at Israel, which has yet to confirm or deny the reports.

I see what's going on here. Each side (Israel & America) points to the other by carefully making comments, or not making comments. Leaving the world to "wonder" which one carried out the bombings and killings. After all, we can't have those anti-war people who elected Obama thinking he's a "Bush in Change Clothing", now can we?

On Friday, the spokesman for the Sudanese Foreign Ministry said that Sudan was investigating the attacks and collecting evidence at the scene, but will not respond until the investigation is complete.

He added that the convoys were likely smuggling goods, but not weapons.

Israeli Army Removes "ONE" Soldier for Shooting Palestinian Woman

Israel throws out a breadcrumb to the world as proof it is “moral”

Oh surly this is a joke, if not then it’s a huge insult. The Israeli Army (IDF) removes a soldier who accidentally shot a Palestinian woman in the leg. Now, let’s be serious here, of all the horrendous war crimes committed they put forth this nonsense. A woman who was not killed, but shot in the leg as proof of their ability to “police” themselves? Morons!

What about the hundreds of innocent civilians, children, white phosphorus, DIME missiles, targeting of UN facilities, schools and hospitals, ambulance drivers, medics. The hording of families into one area then shelling them to death??

What an insult to think this somehow placates people or proves the IDF are a “moral” army, or Israel a “moral” state. Article below from the BBC.

Israel army punishes Gaza soldier

An Israeli soldier has been removed from combat after he shot a Gazan woman in the leg "by mistake" during the recent offensive, the military says.

The soldiers were firing in the air and urging a group of Palestinians who looked "suspicious" at the time, the military said. It appears to be the first officially confirmed case of disciplinary action over troops' actions in the conflict.

The Israeli forces' conduct has been heavily criticised. A statement from the Israeli Defense Forces (IDF) said there had been a warning of a suicide attacker in the area where the incident occurred.

(Yeah there is always some lame excuse, but as we have seen on the IDF's very own printed t-shirts, they view all Palestinians as targets! Men, pregnant women and even children!)

Correspondents say the case is a relatively minor one in comparison to some of the allegations that have been levelled at Israeli forces - that they shot at civilians carrying white flags, used heavy firepower and white phosphorous indiscriminately, and failed to allow evacuations of wounded civilians.

'Relaxed rules of engagement'

The punishment comes a week after several soldiers were quoted anonymously in the media saying troops had killed Palestinians, including women and children, by hastily opening fire under relaxed rules of engagement in Gaza.

Few of the officers who fought in Gaza have come forward to answer such charges, partly because they fear being identified and being arrested if they travel abroad.

(Yes, what a shame, International Law can be a real B.I.T.C.H. for Criminals)

"We don't have even one incident in that we killed or harmed uninvolved civilians in the street," said Commander Herzi, whose full name cannot be given because of Israeli military censorship.

(WARNING MAJOR HASBARA ALERT ABOVE AND BELOW!!)

He said the soldiers entered "thousands" of homes in Gaza. "Almost in every house we found rifles, grenades, RPGs (rocket propelled grenades)," he said.
They also saw Hamas militants moving from house to house carrying white flags to pose as civilians, he added.

(Here come the lies, but the world no longer buy Israeli hasbara techniques. Yes, we all believe like the IDF that every single home in Gaza is inhabited by “terrorists” and members of Hamas, laughable!)

He blamed Hamas for exposing civilians to danger by using civilian institutions for cover:

(Oh this one has already been used ad nauseum, think of a new one, it’s not working! Hospitals, URWRA and UN facilities, all were “terrorist” areas, Puhleeeese!!)

The IDF say 1,166 Palestinians were killed during the conflict, of whom 709 were "terror operatives". A Palestinian rights group says the toll was 1,434, including 960 civilians, 235 fighters and 239 uniformed police.

(What rubbish, we knew this was coming, Israel disputing the number of murders they committed in Gaza. Sorry, won't work this time. The world has now seen for themselves, this despite Israel's attempts to censor the news from Gaza.)

NEW REPORT~Israeli White Phosphorus War Crimes

Reports of Israeli war crimes are coming out fast and furious now. Today, a new 71 page report just issued on Israeli war crimes regarding the use of White Phosphorous in Gaza.. The sheer number of cases and the sheer volume of evidence is staggering. I cannot see how Israel can squirm their way out of this one. Even using all their hasbara techniques, their online troll groups and their Jewish Lobby, it won’t work this time. Thanks to the internet the world has now seen for themselves, and no matter how hard Israel tries to re-paint the picture, we all remember what we saw, and those images will never leave us! We want and expect justice for all those innocent people murdered and burned alive.

Israel accused of indiscriminate phosphorus use in Gaza

Israel's military fired white phosphorus over crowded areas of Gaza repeatedly and indiscriminately in its three-week war, killing and injuring civilians and committing war crimes, Human Rights Watch said today.

In a 71-page report, the rights group said the repeated use of air-burst white phosphorus artillery shells in populated areas of Gaza was not incidental or accidental, but revealed "a pattern or policy of conduct".

It said the Israeli military used white phosphorus in a "deliberate or reckless" way. The report says:

• Israel was aware of the dangers of white phosphorus.

• It chose not to use alternative and less dangerous smoke shells.

• In one case, Israel even ignored repeated warnings from UN staff before hitting
the main UN compound in Gaza with white phosphorus shells on 15 January.

"In Gaza, the Israeli military didn't just use white phosphorus in open areas as a screen for its troops," said Fred Abrahams, a senior Human Rights Watch researcher. "It fired white phosphorus repeatedly over densely populated areas, even when its troops weren't in the area and safe smoke shells were available. As a result, civilians needlessly suffered and died." He said senior commanders should be held to account.

The Israeli military has defended its conduct in Gaza in the face of mounting allegations of serious violations of international law and said its soldiers did not intentionally target civilians. When Israel's use of white phosphorus emerged during the war, the military at first denied using the weapon, then said it only used weapons in accordance with international law.

White phosphorus burns in contact with oxygen and causes deep burns when it touches human skin, sometimes reaching to the bone. The weapon is not illegal itself and can be used to provide a smokescreen on the battlefield or as an incendiary weapon against a military target. However, its use is regulated even by customary international law. It must be used in a way that distinguishes between combatants and civilians and cannot be used to target civilians.

Most of the Israeli military's white phosphorus in Gaza was fired in 155mm artillery shells, each containing 116 wedges soaked with the chemical.

In January, the Guardian found one such shell still smoking several days after it was fired, outside the home of the Abu Halima family in Atatra. One white phosphorous shell hit the house directly, killing a father and four of his children. His wife was severely burnt.

Human Rights Watch also reported the same case.
Human Rights Watch found 24 spent white phosphorus shells in Gaza, all from the same batch made in a US ammunition factory in 1989 by Thiokol Aerospace. Other shells were photographed during the war with markings showing they were made in the Pine Bluff Arsenal, also in America, in 1991.

The group said it found no evidence that Hamas fighters used Palestinian civilians as human shields - a key Israeli claim - in the area at the time of the attacks it researched.

The rights group studied six cases in detail in which 12 civilians were killed and dozens more were injured.

In one case, witnesses described how a white phosphorus shell hit a car in Tel al-Hawa, in south-eastern Gaza City, killing a bank manager, his wife and two of their children on 15 January.

On the same day, at about 7.30am, Israeli artillery shells began falling near the main compound of the UN Relief and Works Agency in Gaza City, where 700 civilians were sheltering. UN staff made repeated telephone calls to the Israeli military asking them to stop but, at about 10am, six shells hit the compound, three of which contained white phosphorus.The warehouse was hit, causing at least $10m of damage, and it continued to burn for 12 days.

In another case, on 17 January, an artillery shell that had already discharged its white phosphorus hit a UN school in Beit Lahiya, where 1,600 civilians were sheltering. It killed two brothers in a classroom and severely injured their mother and cousin.

The Law & Israeli War Crimes

From the Guardian, a break down of the War Crimes Israel may be charged with, and, they are numerous as we all would expect. This is an excellent explanation of the crimes, and what constitutes the crime.

The use of drones, targeting of medical staff and facilities and use of human shields raise numerous issues of international humanitarian law, the body of law concerned with the treatment of individuals during international armed conflict.
Some of these are allegations of war crimes – defined as grave breaches of international humanitarian law, including wilful killing, wanton destruction of property and attacking civilians. Some of these rules derive from customary law – generally recognised practices binding on all states. Others are contained in international treaties including the fourth Geneva convention of 1949, the first additional protocol to the Geneva convention of 1977, and the Hague regulations of 1907 that regulate means and methods of warfare.

Although Israel is only party to the fourth Geneva convention, and Palestine has not been party to any international agreements due to its lack of recognised sovereignty, many of these principles have also become recognised as general principles of customary law, extending to all international armed conflicts.

Breakdown below regarding the above mentioned use of Drones, civilians and civilian infrastructure, medical personnel, hospitals and human shields and the questionable use of White Phosphorous on civilians. The evidence is mounting, the world wants Israel charged.

Drones
Lawyers say that the use of drones in the Gaza Strip caused widespread destruction in violation of the principles of necessity, distinction and proportionality.

"Necessity" requires a state fighting an armed conflict to use only the degree and kind of force required to achieve the legitimate purpose of the conflict. This is presumed to be the submission of the enemy at the earliest possible moment, with minimum expenditure of life and resources.



Causing death and the destruction of property is only lawful where it complies with necessity and where there is a reasonable connection between the actions and the military objectives pursued. This principle is often closely linked with proportionality – the requirement that "the losses resulting from a military action should not be excessive in relation to the expected military advantage". Under the principle of proportionality, when conducting hostilities in an urban area, the combatants have an increased duty of diligence to spare civilians from the effects of hostilities.

Civilians and civilian buildings and infrastructure



In addition, Israel is accused of failing to distinguish between civilians and combatants, and also between civilian buildings and infrastructure, and legitimate military targets.

A civilian is defined under international humanitarian law as somebody who is not a combatant. The practical application of this term is a major issue of contention between Israel and Gaza. The Israeli Defence Forces are accused of applying a "membership of Hamas" approach to defining combatants, whereas lawyers say members of Hamas are not legitimate military targets unless they are directly involved in hostilities at the time.

Hamas is also accused of violating the principle of "distinction" in its use of rockets fired into Israel. However, one of the further claims against Israel is that any response to Hamas under the right of self-defence in the UN charter – a separate source of international law – has not been proportionate.

Medics and hospitals
Medics and medical workers are not legitimate targets under international humanitarian law, and any wilful killing of such people who are clearly identified is capable of amounting to a war crime.
Similarly, civilian property and infrastructure, defined by international humanitarian law as those which are not military targets, cannot be intentionally destroyed. Israel is accused of regarding the general governmental infrastructure as a legitimate military target, as well as targeting medical facilities and hospitals, in contravention of this rule.
Wherever any attacks may affect the civilian population there are obligations under international humanitarian law to provide "effective advance warning" and to take steps to minimise incidental loss of civilian life, injury to civilians and damage to civilian objects.

Human shields
The use of involuntary human shields has already been declared unlawful by Israel's supreme court, which said the practice was a violation of international humanitarian law. There are specific rules against hostage-taking in international conflicts.

The practice of hostage-taking – usually defined as detaining someone illegally and putting pressure on a third party as a condition of not harming the detainee – is specifically prohibited by the Geneva conventions.

White phosphorus



The effects of White Phosphorous on people:



The use of white phosphorus is governed by protocol III of the convention on conventional weapons, which Israel has not signed but which is regarded as binding under customary international law. Israel is accused of using white phosphorus outside its lawful limits – as an obscurant or smokescreen in open areas where combatants are caught under fire in the open. Using white phosphorus in densely populated areas where these conditions are not met is a violation of international law.

Recently there has been a report on Israel using children as human shields during Operation Case Lead, you can read that HERE. For more information on the use of International Law and Lawfare being used to charge Israel you can read these posts HERE and HERE as well. And if you want to gain insight into why the IDF have no mercy and no problems in targeting children or civilians, you can read why HERE where an IDF sharpshooter admits the IDF have a policy to shoot children, and HERE where the army Rabbi teaches the soldiers it is "ok" to kill civilians.

Israeli International Law Expert Says IDF Guilty of War Crimes

Absolutely fantastic report from Russia Today. An interview with an Israeli expert in International Law regarding Operation Cast Lead in Gaza. The expert, Michael Sfrad, believes that the Israeli Army committed war crimes and wants an investigation. Additionally, he sets out the reasons why no soldier can claim “I was only following orders” as an excuse for committing those war crimes. Let us all remember when the Nazi’s took the Jews to concentration camps; they claimed they were only following orders. However, the ones that were ultimately caught were tried on war crimes charges and rightly so. Hence, Israel should be ashamed for adopting the same strategy and excuse as the Nazi’s who murdered Jews. War Crimes are War Crimes, no matter if committed by Nazi’s or Israeli’s this many years later. Read the report below:

Israel violated humanitarian law in Gaza – Israeli lawyer

Although Israel had the right to use force in Gaza, it had no right to target civilians, believes Michael Sfrad, Israeli expert in international human rights and humanitarian law.

How many human right laws have been violated in the recent Palestinian-Israeli war? Michael Sfrad has spoken to RT’s Paula Slier about the sensitive issue.

(note: RT=Russia Today MS=Michael Sfrad)

RT: The Israeli army and most Israelis do not believe that they committed war crimes in Gaza. Why do you think they did?

MS: Most criminals do not think they commit crimes. For me there is no doubt that the Israeli defense forces have gravely violated international humanitarian law. They have violated the very fundamental principles of humanitarian law. Let's not forget that one of the major principles of humanitarian law is the principle of distinction which lays down that combatants must always distinguish between enemy combatants and enemy civilians and must always direct their weapons towards the combatants. Israel has targeted illegitimate targets. It decided that governmental officers, the Islamic university are all legitimate targets

It has also violated the second most important principle of humanitarian law and that is the principle of proportionality. They have bombarded from the air the most densely populated civilian area in the world. We knew that it would cause massive injury and death.

RT: If we unpack what you are saying, the first principle – the principle of distinction. The Israelis have argued that it was Hamas's fault so many civilians were killed, that Hamas was using the civilian population as human shields. How do you respond to this kind of argument?

MS: Well the fact that one party violates international humanitarian law does not let the other party violate international law. Yes, if it's true, it must be investigated. These are allegations that I've never seen any proof for – but if it's true and Hamas militants had been hiding in the civilian population and waging their war from there then probably if targeted while engaging in combat then it was a legal attack by the Israeli defense forces if it operated according to principles of proportionality.

However what Israel was doing in this war was by no means only responding to attacks. Israel has targeted certain targets that were not in the course of fighting. Israel has never explained why it targeted the type of facilities that I’ve mentioned. Like governmental officers, the Palestinian parliament, these were not installations from which war was being waged but installations from where Hamas was operating – the government buildings, the police buildings – they were all part of the war effort.

War is a use of force and international relations and international law. You are not allowed – according to international law – to go to war because you dislike the government. Maybe the Israeli government does not like the Hamas government but also that the Hamas government might be a government of criminals. Still, that does not allow Israel to go to war unilaterally, without a decision by the Security Council, without the backing of international community.

RT: You talk about self-defense. But is not it self-defense for Israel after eight years after being fired at to then launch this operation in Gaza?

MS: I have no doubt that Israel has the right to use force. That's not the question. The question is what kind of force and what kind of ammunition and which targets to choose.

RT: Do you think Israel used illegal weapons?

MS: I think it did, but I do not have the evidence, I have press reports, I have testimonies that were collected by human rights organizations in Gaza from the victims, and I have my understanding of how the Israeli army operates. But that's not enough in order to be sure that it did happen or it didn't.

RT: You talk about distinction but the Israeli army was very particular in what it struck. It only struck certain buildings. A lot of Gaza in fact was not damaged at all by Israeli military efforts.

MS: I challenge the Israeli army to allow an investigation. If it's true that the Israeli army was following international law and I am wrong the fact is that up till now the Israeli army and the government of the state of Israel are not allowing a professional independent external investigation to be launched.

RT: Why do you believe that?

MS: Because they have something to hide, because they don't want anyone outside the Israeli army apparatus to look into the deeds of the army and I believe that this is in itself a violation of international law.

RT: You spoke earlier about proportionality. But Israelis would argue that it's not their fault that Gaza is one of the most densely populated areas of the world and people had nowhere to run to.

MS: That is the fault of the Israeli army. The fact that there were no ways to go. Was it that difficult to create a humanitarian corridor which will allow civilians who do not wish to be in the war area, war zone? OK, we did not choose the war zone, but we could have let the ones who wanted to flee go away.

RT: Was that responsibility of Israel? Or was that responsibility of the international community?

MS: Absolutely the responsibility of the state of Israel. We have control over all the borders of Gaza, the air, the sea and the land boarders. We could have opened a gate.

RT: But how do you tell the difference between civilians and Hamas fighters?

MS: The fact that civilians are Hamas supporters means nothing in the eyes of the law. People can choose to believe in evil things, they cannot be punished for that. And the fact is that in Israel’s eyes the whole civilian population was an enemy. It seems to me something horrendous that it was a strategy for the Israeli government and Israeli army to put a pressure on the civilian population.

RT: Who do you think should be held accountable for war crimes? Is it the Israeli army or the soldiers themselves? It seems unfair to hold soldiers responsible in a country where there's conscription and at the moment we have the situation in Europe where many army officers cannot fly out of Israel, cannot land in these countries because they're wanted by international courts.

MS: International criminal law is about individual responsibility. If Israel as a country or the Israeli army as a legal entity is valid internationally, it might be responsible in international law for operations and for all kinds of civil remedies but criminal law is all about personal responsibility. The fact that war criminals must bear the responsibility for their deeds is a part of the attempt to educate individuals around the world. You cannot hide behind the fact that you're a part of a big apparatus that committed war crimes. You cannot hide behind the idea that you've just obeyed commands which the Israeli and Jewish airs, this is something that makes me shiver.

RT: You personally refused to serve and as a result you spent three weeks in prison.
Are you surprised that not more Israeli soldiers refused to serve now in Gaza?

MS: I'm surprised and not surprised. I'm surprised because I thought more Israelis will be listening more to their internal moral voice. I'm not surprised because I know my country and I know what kind of education people go through since kindergarten and how slowly feelings and emotions that are racist in their essence, are creeping into everyone of us.

RT: Do you think the courts in Israel are doing enough to hold soldiers and Israeli army?

MS: The Israeli law enforcing mechanism is not doing even 1 per cent of what it should be doing regarding violations of the humanitarian law. Nor in Gaza, neither in the West Bank. The prosecution is not prosecuting, and when it does, it does with a lot of problems, so the message is very clear – there's impunity.

For more information regarding Israel being charged with War Crimes under International Law and using Lawfare, you can read this post HERE, for Israeli army policy of killing children see HERE, for civilians see HERE

HUMAN SHIELDS~ Children Used by Israeli Army as Shields

More War Crime Woes for Israel

NOTE; There is a video following the post below. Well, well, looks like Israel can no longer use the mantra of Hamas using people as human shields.

Pot, Kettle, Black, War Crimes

Palestinian brothers: Israel used us as human shields in Gaza war

Three teenage boys say they were made to kneel in front of tanks to deter Hamas attacks

Israel has been accused of using Palestinian human shields during its invasion of Gaza, a breach of the Geneva conventions that prohibit intentionally putting civilian lives at risk.The Guardian has interviewed three Gazan brothers who described how they were taken from their home at gunpoint, made to kneel in front of tanks to deter Hamas fighters from firing and sent by Israeli soldiers into Palestinian houses to clear them.

"They would make us go first, so if any fighters shot at them the bullets would hit us, not them," said 14-year-old Al'a al-Attar.

His brothers, Ali, 15, and Nafiz, 16, described how when the three of them were being led through built-up areas in their home town of ¬Attartra, the soldiers would order them to suddenly stop then fire their rifles over the brothers' shoulders and between their legs.

The use of "human shields" is prohibited under article 28 of the fourth Geneva convention, which states: "The presence of a protected person may not be used to render certain points or areas immune from military operations." Israel has ratified the convention and is therefore bound by it.

An Israeli internal army magazine left behind by the troops shows Nafiz at the beginning of his ordeal being led bound and blindfolded in a line of men before he was stripped of his clothes.

The Attar brothers' ordeal began on 5 January when Israeli troops entered the town of Attartra, 1.2 miles (2km) from the border with Israel, and began firing into their house. They were led away blindfolded and at gunpoint in single file as the gunfire carried on around them. At one point the boys were forced to march in front of and alongside Israeli tanks.

They were then forced to kneel in a makeshift Israeli encampment for three days and three nights as tanks fired off shells around them. Human rights groups believe they were held there to deter Palestinian fighters from attacking.
"After being here for a day and a half, they put barbed wire around us, then empty tank shells kept landing on us, a rock or shrapnel came flying toward us. We spent a further three days here, right here," said Nafiz.

After five days Ali and Al'a were untied, had their blindfolds removed and were released straight into a firefight. They came under attack from Israeli tanks and helicopters as they tried to find their way home through the ruins of their neighbourhood, the boys said.

Nafiz was not so lucky. He was taken to Israel where he was interrogated for three days and says he was beaten. Finally he was taken back into Gaza and released.

The boys' parents, who are ardent supporters of Fatah Hamas' political rivals cannot understand why they were taken.

The use of human shields was outlawed by Israel's supreme court in 2005 following several clearly identified incidents, but human rights groups insist the Israeli military continues to use civilians in this way, albeit less often.

In February 2007, Associated Press Television News released footage showing 24-year-old Palestinian Sameh Amira being used as a human shield by a group of Israeli soldiers in Nablus.

The Israeli army declined to be interviewed about the practice but said it gave strict orders to soldiers not to use civilians as human shields during this operation. In a written statement, it said that only Hamas had used human shields by attacking troops from within civilian areas. Hamas denied the claim, saying it would not endanger the lives of other Palestinians, but surveillance footage provided by Israel appears to show this.

WATCH THE VIDEO HERE