US Lawyers find evidence of possible war crimes in Gaza

Eight American lawyers have spent five days interviewing individuals and communities to determine whether “violations of international law occurred and whether U.S. domestic law has been violated as a consequence” from the Israeli attack on the Gazan people. The delegation says in their concluding remarks that they are “seriously concerned by our initial findings”.

We have found strong indications of violations of the laws of war and possible war crimes committed by Israel in the Gaza Strip. We are particularly concerned that most of the weapons that were found used in the December 27 assualt on Gaza are US-made and supplied. We believe that Israel’s use of these weapons may constitute a violation of US law, and particularly the Foreign Assistance Act and the US Arms Export Control Act.

A report of our initial findings will be compiled and submitted to, among others, members of the United States Congress. We intend to push for an investigation by the United States government into possible violations by Israel of US law. We also hope to contribute our finding and efforts to other efforts by local and international lawyers to push for accountability against those found responsible for the egregious crimes that we have documented.

Letter in New York Times by Jewish Intellectuals 1948

This is the original text of a letter to the editor published in the New York Times in 1948 signed by prominent Jewish intellectuals, including Albert Einstein.

Letters to The Times New York Times December 4, 1948

New Palestine Party Visit of Menachem Begin and Aims of Political Movement Discussed

TO THE EDITORS OF THE NEW YORK TIMES:

Among the most disturbing political phenomena of our times is the emergence in the newly created state of Israel of the “Freedom Party” (Tnuat Haherut), a political party closely akin in its organization, methods, political philosophy and social appeal to the Nazi and Fascist parties. It was formed out of the membership and following of the former Irgun Zvai Leumi, a terrorist, right-wing, chauvinist organization in Palestine.

The current visit of Menachem Begin, leader of this party, to the United States is obviously calculated to give the impression of American support for his party in the coming Israeli elections, and to cement political ties with conservative Zionist elements in the United States. Several Americans of national repute have lent their names to welcome his visit. It is inconceivable that those who oppose fascism throughout the world, if correctly informed as to Mr. Begin’s political record and perspectives, could add their names and support to the movement he represents.

Before irreparable damage is done by way of financial contributions, public manifestations in Begin’s behalf, and the creation in Palestine of the impression that a large segment of America supports Fascist elements in Israel, the American public must be informed as to the record and objectives of Mr. Begin and his movement.

The public avowals of Begin’s party are no guide whatever to its actual character. Today they speak of freedom, democracy and anti-imperialism, whereas until recently they openly preached the doctrine of the Fascist state. It is in its actions that the terrorist party betrays its real character; from its past actions we can judge what it may be expected to do in the future.

Attack on Arab Village

A shocking example was their behavior in the Arab village of Deir Yassin. This village, off the main roads and surrounded by Jewish lands, had taken no part in the war, and had even fought off Arab bands who wanted to use the village as their base. On April 9 (THE NEW YORK TIMES), terrorist bands attacked this peaceful village, which was not a military objective in the fighting, killed most of its inhabitants—240 men, women, and children—and kept a few of them alive to parade as captives through the streets of Jerusalem. Most of the Jewish community
was horrified at the deed, and the Jewish Agency sent a telegram of apology to King Abdullah of Trans-Jordan. But the terrorists, far from being ashamed of their act, were proud of this massacre, publicized it widely, and invited all the foreign correspondents present in the country to view the heaped corpses and the general havoc at Deir Yassin.

The Deir Yassin incident exemplifies the character and actions of the Freedom Party.

Within the Jewish community they have preached an admixture of ultranationalism, religious mysticism, and racial superiority. Like other Fascist parties they have been used to break strikes, and have themselves pressed for the destruction of free trade unions. In their stead they have proposed corporate unions on the Italian Fascist model.

During the last years of sporadic anti-British violence, the IZL and Stern groups inaugurated a reign of terror in the Palestine Jewish community. Teachers were beaten up for speaking against them, adults were shot for not letting their children join them. By gangster methods, beatings, window-smashing, and wide-spread robberies, the
terrorists intimidated the population and exacted a heavy tribute.

The people of the Freedom Party have had no part in the constructive achievements in Palestine. They have reclaimed no land, built no settlements, and only detracted from the Jewish defense activity. Their much-publicized immigration endeavors were minute, and devoted mainly to bringing in Fascist compatriots.

Discrepancies Seen

The discrepancies between the bold claims now being made by Begin and his party, and their record of past performance in Palestine bear the imprint of no ordinary political party. This is the unmistakable stamp of a Fascist party for whom terrorism (against Jews, Arabs, and British alike), and misrepresentation are means, and a “Leader State” is the goal.

In the light of the foregoing considerations, it is imperative that the truth about Mr. Begin and his movement be made known in this country. It is all the more tragic that the top leadership of American Zionism has refused to campaign against Begin’s efforts, or even to expose to its own constituents the dangers to Israel from support to Begin.

The undersigned therefore take this means of publicly presenting a few salient facts concerning Begin and his party; and of urging all concerned not to support this latest manifestation of fascism.

ISIDORE ABRAMOWITZ, HANNAH ARENDT, ABRAHAM BRICK, RABBI JESSURUN CARDOZO, ALBERT EINSTEIN, HERMAN EISEN, M.D., HAYIM FINEMAN, M. GALLEN, M.D., H.H. HARRIS, ZELIG S. HARRIS, SIDNEY HOOK, FRED KARUSH, BRURIA KAUFMAN, IRMA L. LINDHEIM, NACHMAN MAISEL, SEYMOUR MELMAN, MYER D. MENDELSON, M.D., HARRY M. OSLINSKY, SAMUEL PITLICK, FRITZ ROHRLICH, LOUIS P. ROCKER, RUTH SAGIS, ITZHAK SANKOWSKY, I.J. SHOENBERG, SAMUEL SHUMAN, M. SINGER, IRMA WOLFE, STEFAN WOLFE.

New York, Dec. 2, 1948

Source notes: Laura Nader gave a copy of the microfilmed NYT to Anne Lipow in April. (Nader has been using it in her class at UC). The copy was illegible in parts and the first column was cut off; Laura’s original was the same. Anne and UC Anthropology Librarian Suzanne Calpestri then tried to retrieve an electronic version of the letter. It
appears nowhere in its entirety on the Internet, and is not in any NYT electronic archive accessible to UC Librarians (i.e., it doesn’t exist). Suzanne made another copy from a different microfilm; it solved the mystery of the missing first column but this copy was also “dirty” in other areas. Neither copy was scannable using OCR,so I typed it in by hand exactly the way it appeared in the original, and have proofed it carefully. However, the spelling of some of the signatories was unclear in the microfilmed originals, so there may be a few errors in this rendition. It would be nice if someone were to annotate the list of signatories, so that those less-familiar names could be placed in
context. At any rate, this clearly belongs IN FULL TEXT on the web for distribution to as many people as possible. Please circulate this among anyone you think may be interested; I think it especially belongs in the hands of those friends and family members who are still reluctant to criticize the Israeli government.

source info: Jenny Lipow Berkeley, CA 22 May
2002

It’s instructive to contrast the above honest appraisal and abhorrence of Zionist ideology and its atrocious acts of terrorism against the indigenous people of Palestine with this letter by Barenboim et al to the New York Review of Books, which the Angry Arab rightly identifies as ‘a piece of trash’.

This is like asking a family that has been conquered and beaten and shot at and whose house has been occupied by a merciless killer to sign a statement to foreswear force once and for all.

And then they call on me to transcend the past? How cute is that? If the realities on the ground favor one side (the killers, the conquerers, the usurpers, the colonizers) then any call for transcending the past is a mere call for legitimizing and accepting not only occupation, but all t

DIRECTV Censors Gaza Ad

Take action now to communicate your annoyance that Directv has refused to do business with End the Occupation.

After detailed discussions with DIRECTV, including agreement on rates, times, and network placements of the ad, when we gave them the final product, they abruptly decided not to do business with us.

This blatant act of censorship is preventing millions of U.S. households from learning the truth about our government’s crucial role in enabling Israel’s war on and siege of Palestinians in the Gaza Strip.

The full length ad is below.

Boycott, Divestment and Protest Israel Update

From grassroots community action in Tescos in Wales as above to Preston Council voting to boycott Israel and CODEPINK’S visit to Gaza to meet with women’s groups and Hamas officials, ordinary good-hearted people are putting themselves on the line for peace and justice.

From Mondoweiss – US academics at last are making a stand too against Israeli apartheid:

Today we see writers from across the spectrum, Max Blumenthal, Glenn Greenwald, John Mearsheimer, Daniel Levy, Scott McConnell, Paul Craig Roberts–who have educated themselves and said, No thanks, we draw the line. They are making this movement.

Harvard Law Professor Duncan Kennedy strikes the liberation bell –

Just listen to Kennedy’s soft, persuasive voice. It’s a long excerpt. But important. First the Gaza bit:

Numerous observers have charged Israel with committing war crimes during the war. Without downplaying that aspect, I think it is important to understand the 1,300 Palestinian casualties, including 400 children as well as many, many women, versus 13 Israeli casualties, as typical of a particular kind of “police action” that Western colonial powers and Western “ethno-cratic settler regimes” like ours in the U.S., Canada, Australia, Serbia and particularly apartheid South Africa, have historically undertaken to convince resisting native populations that unless they stop resisting they will suffer unbearable death and deprivation. [Here Kennedy seems to agree with my law-and-order post of yesterday] Not just in 1947 and 1948, but also in Lebanon in 1982 and 2006, Israel used similar tactics.

Causing horrific civilian deaths is often perfectly defensible under the laws of war, which favor conventional over unconventional forces in asymmetric warfare. The outright “crimes,” like the My Lai massacre, Abu Ghraib, or Russian massacres in Afghanistan and then in Chechnya, are less important for the civilian victims than the daily tactics of air assault, bombardment, and brutal door-to-door sweeps, meant to draw fire from the resisters that will justify leveling houses and the people in them…

History bit:

In 1967, Israel preemptively attacked Egypt, Jordan and Syria, and occupied the West Bank and Gaza, largely populated by refugees of 1948, as well as East Jerusalem, the Golan Heights and Sinai (later returned to Egypt). This generated another approximately 200,000 Palestinian refugees who were also forbidden to return. Since 1973, Israeli governments have gradually moved about 400,000 Jewish settlers into the West Bank and another 200,000 into East Jerusalem, appropriating about 50 percent of the land (when roads and other infrastructure are taken into account), taking over the water, and alternately exploiting and starving the West Bank and Gaza economies to the point where the Arab population is overwhelmingly dependent on the international “donor community” for subsistence.

Palestinian non-violent and violent resistance to the military occupation is fully legal under international law. On the other hand, many of the specific tactics, especially airplane hijacking, suicide bombing targeting civilians, including children and old people, and indiscriminate rocket attacks, have been widely denounced as criminal….

In his measured article at the Harvard Crimson, Professor Kennedy suggests:

Can this picture be right? If so, what is to be done? If not, what is to be done? If you are not already clear about what you think, it is crucial to try to find out for yourself. If the situation is as bad as I have painted, you might consider some small step, perhaps just a contribution to humanitarian relief for Gaza, or e-mailing the White House, or something more, like advocating for Harvard to divest.

In South Africa, dock workers are refusing to unload Israel ships.

In a Palestine Solidarity Committee news release, the Congress of South African Trade Unions’ decision to “strengthen the campaign in South Africa for boycotts, divestment and sanctions against apartheid Israel” is noted. Referring to workers’ commitment to “refuse to support oppression and exploitation across the globe,” the committee recalls the refusal by Durban dock workers last year to offload arms from China that were destined for Zimbabwe.

The release also says that workers will not allow South African ports to be used as “transit points for goods bound for or emanating from certain dictatorial and oppressive states such as Zimbabwe, Swaziland and Israel.”

The release continues: “We also welcome statements by various South African Jews of conscience who have dissociated themselves from the genocide in Gaza. We call on all South Africans to ensure that none of our family members are allowed to join the Israeli Occupation Forces’ killing machine.”

Calling on the South African government to sever diplomatic and trade relations with Israel, the Palestine Solidarity Committee announced a week of action under the banner “Free Palestine, Isolate Apartheid Israel.”

Turkish soccer player for Sivasspor, midfielder Ibrahim Dagasan, has planted a Palestinian flag in the middle of the pitch at a match in protest against Israel’s offensive in Gaza.

While the Western Australian Maritime Union of Australia support sanctions against Israel and the Sydney branch officials have signed a petition condemning Israel, the conservative AWU condemns boycotts.

Other local union leaders, such as Steve Dargavel from the Australian Manufacturing Workers Union, have also attacked Israel’s “aggression” in Gaza

A new article “Why the West backs Israel – and how to make it stop” by Tony Itis makes good reading – Tony explains why the BDS movement can be effective in eliminating Israeli apartheid.

Maltese NGOs are pressuring the EU to annul its uncomfortable ‘special relationship’ with the occupier state.

In view of the recent three-week premeditated campaign of bombing of the population of Gaza and its infrastructure by the State of Israel which came after a crippling, illegal two-year siege, we, 14 member organizations of SKOP, the Maltese national platform of development non-governmental organizations, call for a suspension of the EU-Israel Association Agreement. Freezing the upgrade of its relations with the State of Israel to make it a privileged partner, as the EU has done so far, is simply not enough. If the EU is truly committed to the pursuit of a just peace it must also act in a way that clearly dissociates it from war crimes, while helping to bring the perpetrators to justice.

UPDATE FEBRUARY 6

Students across the UK have mobilized in what are now almost two dozen university liberations, in protest against Israel, in solidarity with the people of Gaza, and seeking their universities’ divestment from companies doing business in Israel while doing more to support the victims of Israel’s war. These students have been tremendously courageous, as well as creative and inspiring.

Open Anthropology has an excellent post on the progress of Canadian and UK University protests against Israel, particularly the actions at Manchester University.