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.

Truce talks – an End to Israel’s Collective Punishment?

Haaretz is running a story which contains a degree of hope that soon the horrendous blockade on Gaza by Israel may be lifted. Will the outcome truly be dependent on the views of Khaled Meshal?

The pan-Arab newspaper Al-Hayat reported Sunday that Israel has agreed to release 1000 Palestinian prisoners as part of the deal, including Fatah leader Marwan Barghouti. But the London-based daily also said that Israel has refused to free Front for the Liberation of Palestine leader Ahmed Sa’ada.

According to the report, Israel has agreed to release 350 of the 372 prisoners on a list presented by Hamas.

Meanwhile, Defense Minister Ehud Barak confirmed that “supreme efforts” are being made to secure Shalit’s release in the near future.

On Saturday night, Israel’s “troika” – composed of Prime Minister Olmert, Barak and Foreign Minister Tzipi Livni – held an unusual meeting at the Defense Ministry to discuss the negotiations for a cease-fire deal in the Gaza Strip, along the lines proposed by Egypt.

The meeting also included Minister Rafi Eitan, whom Olmert recently asked to join the meetings involving information on Shalit.

Eitan, an avid sculpture is ex Mossad and Shin Bet and once was Begin’s advisor on terrorism [irony] on which he is regarded as an expert. He has also liased with MI6 on terrorism in Northern Ireland which ended after the IRA put out orders for his assassination.

A senior political source said on Saturday that “there is still no decision on Shalit, mostly because of Hamas’ need to form a joint position on the matter.”

The same source also said that any reports that a deal may be at hand are exaggerated. “As soon as there is something to talk about, the political-security cabinet will meet,” the source added. “So far the matter has not reached the decision-making stage.”

On Thursday the prime minister held a series of meetings on Shalit. A senior political source said that during the talks a number of new ideas were introduced with regard to a potential deal. “In recent days, efforts on Shalit’s behalf have been accelerated,” the source said.

The breakthrough was achieved last week during talks in Cairo between Egypt’s chief of intelligence, Gen. Omar Suleiman, and Hamas representatives, and later in talks between the senior Egyptian mediator and Amos Gilad, the head of the Defense Ministry’s political-security bureau.

Gilad returned from Cairo Thursday with what appears to be a detailed agreement for a cease-fire and he is expected to go back to Egypt in a day or two.

On Saturday, a senior Hamas figure from the Gaza Strip, Mahmoud al-Zahar, traveled to Cairo, in what was his first public appearance since going underground during Operation Lead Cast. He was accompanied by Hamas parliamentarian Salah al-Bardawil as well as Nizar Awadalla, who handles the Shalit case for Hamas. Accompanying them was the spokesman for the Hamas government, Taher al-Nunu.

Zahar told the Arabic language satellite television station Al-Jazeera on Saturday that Hamas will evaluate the Israeli proposals and will offer its final response to it.

The senior Hamas official will also travel with his delegation to Damascus for talks with Meshal and his aides. Their meeting is considered crucial on whether a deal will be finalized.

At this point the following are believed to be the main points of the deal that is being formulated:

# A cease-fire for 18 months in the Gaza Strip (unrelated to the West Bank). Once the cease-fire comes to an end, it will be possible to extend it for another 18 months. Hamas has promised to prevent attacks from the Gaza Strip and the IDF will avoid attacks of its own.

# A full reopening of the crossings between Israel and the Strip, which means more than mere humanitarian assistance will be allowed to cross into Gaza. Israel has conditioned a full reopening of the crossings on the release of Gilad Shalit.

# Gilad Shalit will be returned to Israel in the near future, in return for hundreds of Palestinian prisoners.

# Reopening of the Rafah border crossing. Following Egyptian insistence, the crossing will be run by Palestinian Authority officials loyal to President Mahmoud Abbas. However, unlike a similar 2005 agreement, Hamas will be allowed to maintain a presence at the crossings.

This formula appears to be acceptable to Israel, Egypt and the Hamas leadership in the Gaza Strip, under Ismail Haniyeh. The main obstacle at this point may lie in Damascus, since Meshal may block it. Also opposed to the formula under negotiation is the head of Hamas’ military wing, Ahmed Ja’abari.

In another Haaretz story, it’s reported that Turkey and Qatar are playing a large role in peace talks and the release of Shalit.

Turkish news channel CNN Turk reported Friday that Turkish officials were currently holding talks on the issue with Hamas officials in Damascus, the base of the Islamist militant group’s political leadership.

Reuters Friday quoted a Palestinian official as saying that Turkey and Qatar have taken a lead role in the negotiations over Shalit in recent months.

Other than the difference between the one year truce mooted by Hamas and the 18 month truce favoured by Israel, and a limiting in the numbers of political prisoners to be freed in exchange for Shalit, it is unclear to me why Meshaal would impede the latest proposed deal.

He said recently on Friday that “Hamas would reject a truce unless the deal included lifting the blockade”, and these terms appear to have been met, unless Israel is simply putting up smoke and mirrors.

The more conservative Jerusalem Post reiterates part of the Haaretz story with further illuminations:

The London-based Al Hayat quoted Palestinian sources as saying Israel has agreed to release 1,000 Hamas prisoners in exchange for Schalit, including Tanzim leader Marwan Barghouti.

The Jerusalem Post could not confirm the report.

On Saturday, government officials told The Jerusalem Post that a change in the positions of Prime Minister Ehud Olmert and Foreign Minister Tzipi Livni has created a window of opportunity to strike a deal with Hamas for a prisoner swap that would free Schalit before a new government is established.

Olmert and Livni are now willing to release more and “higher quality” security prisoners in a swap than they were before Operation Cast Lead, according to the officials.

A top government official told the Post on Saturday night that a combination of the change in the stance of Olmert, Livni and Shin Bet (Israel Security Agency) chief Yuval Diskin to back a prisoner swap together with the outcome of last month’s Operation Cast Lead had created a “window of opportunity” to reach a deal with Hamas.

According to the official, Barak, IDF Chief of General Staff Lt.-Gen. Gabi Ashkenazi and OC Military Intelligence Maj.-Gen. Amos Yadlin also supported a prisoner swap with Hamas.

The official downplayed the significance of the Turkish involvement in the Schalit talks, saying that while dialogue was positive, the Egyptian mediation track was more likely to succeed.

Senior Hamas official Osama al-Muzaini yesterday denied Turkish media reports that a prisoner swap agreement could be clinched by Tuesday.

The reports of a breakthrough were “motivated by political considerations ahead of the elections in Israel,” Muzaini said.

News channel CNN Turk reported on Friday that Turkish officials were discussing a deal with Hamas leaders in Damascus.

Both the security cabinet and the full cabinet will convene to endorse a list of Palestinian security prisoners to be released if the details of a prisoner swap are finalized.

The names of the Palestinian detainees will then be posted on the Internet for 48 hours to allow those who object to their release to petition the High Court of Justice.

Ma’an News Agency reiterates the 1000 prisoner swap figure mentioned in Haaretz.

Israel has agreed to release approximately 1,000 Palestinian prisoners in exchange for the release captured Israeli soldier in Gaza Gilad Shalit, Palestinian sources told the London-based daily Al-Hayat newspaper on Saturday.

The list of those to be released likely includes 25 prisoners sentenced to long term imprisonments including all women, children, Palestinian lawmakers and ministers. The sources noted that Hamas insisted on the release of eight high-profile prisoners including Secretary General of the Popular Front for the Liberation of Palestine (PFLP) Ahmad Sa’adat and Fatah strongman Marwan Barghouthi.

According to the sources quoted by Al-Hayat, Israel agreed to release Marwan Barghouthi, but refused to release Sa’adat. It appears that the current ruling coalition in Israel led by Ehud Olmert and Tzipi Livni’s Kadima and Benjamin Netanyahu’s Likud are aiming at completing the prisoner swap before Tuesday’s elections.

Meanwhile Abbas is using the slight window of opportunity before the Israeli elections on Tuesday to push for Israel to accept the 2002 Arab Peace Initiative.

Israel has “no other choice” than to embrace the Arab Peace Initiative set out in 2002 if it wants to resolve the Israeli-Palestinian conflict, Palestinian president Mahmud Abbas said on Saturday.

During a visit to Ankara in the wake of Israel’s 22-day war on Hamas in the Gaza Strip, Abbas pointed to the Arab League initiative — revived in March 2007 at a summit in Riyadh — as the best way forward in the Middle East.

“Israel has no other choice than to accept the Arab peace plan,” said Abbas during a meeting with Turkish President Koksal Toptan, the domestic Anatolia news agency reported.

The Arab Peace Initiative would see all Arab nations establish normal relations with Israel in return for an Israeli pullout from occupied lands and the creation of a Palestinian state with its capital in east Jerusalem.

While citing “positive aspects” in the initiative, Israel never formally accepted it, chiefly because it refers to a right of return for Palestinians made refugees by the 1948 founding of the Jewish state.

Promoted by Saudi Arabia, the initiative was embraced by all Arab League member nations at a summit in Beirut in March 2002. Abbas said Turkey — which is not a league member — supports it.

Emanuela at All Voices puts Israel’s existing so-called ‘unilateral’ truce, militant rockets and inflammatory killings by Israel in perspective.

Jews sans Frontiers republish a powerful letter to EU Envoy Marc Otte pertinent to both the repellent EU support for the illegitimate Abbas, Israel and its blockade on Gaza.

The word ‘terrorist,’ among Israelis and their supporters, means ‘Palestinian’. Thus, all Palestinians are considered terrorists. The reason for that is that every Palestinian, even a child, strikes terror in the heart of Israelis. Israelis are terrorized by the fear that they might one day be held to account for the 100 years of crimes, of ethnic cleansing, land theft and murder. Israelis can forgive the German people the holocaust but they cannot forgive Palestinians for being their victims, and for being, simply by being, the incarnation of their fault. This is why they see the rebuilding the sewage system, letting kids go to school, drinking clean water, as an encouragement of “terrorism.” For these children will learn at school that their houses and their fields, the lives their parents could have had, the world that was theirs, were stolen from them. And what is more horrible, more instilling terror in the heart of the perpetrators than the thought of a day of reckoning and the knowledge of their guilt?

Your question, dear Marc Otto, should not be directed to Israelis. The truth terrorizes them so much they can barely speak coherently. Your question should be directed at the governments that sent you. Ask them this:

For how long are you going to support and defend the criminals instead of supporting bringing them to justice? For how long are you going to support the murder of children in defense of the dispossession of their parents?

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

Australian bushfires rage

Fires are an everpresent threat in Australia – many catastrophic blazes are lit by firebugs. With soaring temperatures in Victoria and New South Wales, dozens of people have died in the latest bush fires.

Fierce winds were fanning the fires and pushing them in unpredictable directions in Victoria on Sunday, after temperatures reached a state record of 47 degrees Celsius.

Forecasters said hot and uncertain weather conditions would continue through the day on Sunday.

Blair Trewin, a climatologist with the National Climate Centre in Melbourne, told Al Jazeera: “They are the most extreme conditions that we have ever seen in historic record in parts of southeastern Australia.

“We are seeing an upward trend in temperatures in Australia as elsewhere in the world.”

More than 600 houses have been destroyed by the fires.

The worst wildfires in recent memory killed 75 people and razed 2,500 homes in Victoria in 1983.

In south Queensland we continue to enjoy pleasant summer weather, while in the north of the state, there’s flooding. Australia – a land of climatic extremes.

UPDATE FEB 9

107 people are now known to have perished in the fires, which are still raging through Victoria and New South Wales.

Authorities suspect arsonists are responsible for some fires and police are treating some razed towns as crime scenes.

The Prime Minister, Kevin Rudd, says deliberately starting the fires is mass murder.

The fire that is of most concern is burning out of control in Victoria’s north-east, threatening the townships of Stanley and Eskdale.

The other major fire of concern, the Murrindini Mill fire, is moving north-east and is now about 93,000 hectares in size.

Fire authorities are also warning it will take several more days to control a large blaze burning near Victoria’s biggest electricity generator, the Loy Yang power station.

There are 50 fires raging across New South Wales. A 31 year old Gosford man has been arrested for arson.

UPDATE FEB 10

At last, something that captures the imagination of Australia’s vampire media more than the global economic situation and counting ever-dwindling loot.

173 people have now died, and blame is being thrown here, there and everywhere. Beyond the predictable media frenzy, I see this as a tangible expression of denial, the first stage of grief. 911 had the same effect on folks – blame everyone except the culture which through its practices, contributed to the calamity.

There’ll be plenty of time to look for answers, if there are any which can really be addressed, given our frustrating 200 years of braindead whitey farming practices, 40,000 of pre-colonial firing techniques which preceded these and folks’ unwillingness to learn from science and successful models of integrating human habitation with the environment on which it depends.

How many people know that most eucalypts are weeds in Australia, which create the conditions they need to colonise, whose seeds only germinate when fired? It is more popular to romanticise about the noble Australian aboriginal living in ‘harmony’ with ‘nature’ than look with a scientific eye at the result of their nomadic farming experience.

Once the large slow moving forest dwelling herbivorous marsupials were hunted to extinction, it became traditional for our traditional owners to use fire to promote grassland for kangaroos – which conveniently breed like – kangaroos.

Always a joey in the pouch, one out grazing, always another on the way.

And eucalypts, with their need for fire, thrived at the expense of hardwood wet forest timber.

Clearing and much, much more firing by whiteys have increased the problem – along with the urban sprawl into Victoria’s bushland. You’d think we’d have learnt the lesson by now – this land can’t support the people it has – not enough water or arable farmland to depend upon. Yet our stupid government ignores the very real environmental impacts and limitations whilst mouthing rubbish about a sustainable economy needing more people. This bleating has been going on since whitey arrived here – the first settlers saw an empty land which needed wave on wave of migrants, with Australia’s rivers and forests bearing the brunt.

The choices are stark – either live with the forests – which make rain and oxygen on which we depend, revegetate with non-fire dependent species as much as possible, and take sensible precautions against bushfire catastrophes; or chop down even more of our precious bushland, till most of our land becomes as dry as the Simpson Desert.