How Israel fails to protect the rights of Palestinian children – Day 4

From the UN Children and armed conflict: Report of the Secretary-General (A/64/742–S/2010/181) of April 13 2010:

Nakba
Developments in the Occupied Palestinian Territory and Israel

99. At the close of 2009, the effects of Israel’s military operations in Gaza, codenamed “Operation Cast Lead”, from 27 December 2008 to 18 January 2009, were still being felt across the Gaza Strip. Thousands of Gaza residents, including children, are still living in alternative or temporary accommodation and many schools, health facilities and parts of vital water and sanitation infrastructure networks have not been rehabilitated or repaired. The ongoing blockade by Israel and the resulting lack of necessary materials in Gaza make such repairs and rehabilitation difficult.

100. A total of 374 Palestinian children were killed and 2,086 were injured during the reporting period, including at least 350 killed and 1,815 injured in Gaza alone during “Operation Cast Lead” by Israeli forces. The Israel/occupied Palestinian territory working group on grave violations against children confirmed 12 cases of Palestinian children who were killed while bearing arms and acting as combatants during “Operation Cast Lead”. The working group also confirmed one case of recruitment of a 16-year-old boy by the armed group Ezz al-Din al-Qassam Brigades. The actual number of cases is believed to be higher and there had been other reported incidents of children being trained and/or used by Palestinian militant groups in Gaza. Community members are, however, reluctant to provide information on this practice.

101. The working group confirmed reports of seven Palestinian children used by Israeli soldiers as human shields in three separate incidents during “Operation Cast Lead.” The office of Israel’s Military Attorney-General is investigating those incidents, although the United Nations is unaware of the actual process under way or the outcome of the investigations to date. On 11 March 2010, the Military Advocate for Operational Affairs brought criminal charges against two Israel Defense Forces staff sergeants who ordered a nine-year-old Palestinian child to open bags and suitcases suspected of being booby-traps. The criminal investigation of this case was launched in June 2009, following the report of my Special Representative for Children and Armed Conflict. The indictment was filed with the District Military Court for offences of excessive authority that endangers life or health and of unbecoming conduct.

102. Since the end of the offensive in January 2009, 24 children were killed and 271 were injured in incidents involving Israeli gun and tank fire in the Gaza buffer zone as a result of unexploded ordnance, and in settler-related incidents in the West Bank and East Jerusalem. One Israeli child was killed during the reporting period and three Israeli children were injured in two separate incidents in the West Bank. The working group was able to verify three incidents of Palestinian inter-factional fighting during 2009, resulting in the injury of six children and the deaths of two others. The two children, allegedly affiliated with the Jund Ansar Allah group, were killed in armed clashes between Hamas-affiliated security forces and members of the Jund Ansar Allah group in the southern Gaza town of Rafah.

103. No children were harmed as a result of rocket attacks from the Gaza Strip on Israeli communities in adjacent areas. However, attacks and the threat of attacks are known to cause high levels of prolonged anxiety among Israeli children residing there and among Palestinian children in Gaza.

104. In 2009 the working group documented at least five children who were requested to become informers for the Israeli intelligence while being subjected to violent interrogation by the Israeli authorities. The actual figure is suspected to be much higher, but as testifying puts the lives of the concerned children at risk, the United Nations does not actively seek information on this practice.

105. The number of Palestinian children arrested and detained by Israeli military authorities rose sharply at the beginning of 2009, immediately after the start of “Operation Cast Lead”, but has decreased steadily since then, although remaining systematic and widespread. As of December 2009, 305 children were being detained. There are serious concerns regarding the rise in the number of young children, from 12 to 15 years of age, being detained, with 42 children in that age category being held in Israeli detention in December 2009 compared to 30 in December 2008. The United Nations has documented over 87 reports of ill-treatment and torture of Palestinian children during the reporting period, including 6 reports of threats of rape and sexual assault against the children to elicit confessions or in some cases collaboration from child detainees. Israeli authorities stress that the Israel Security Agency operates in strict compliance with Israel’s Supreme Court ruling (HCJ 5100/94), which states that investigations are free of torture, cruel inhuman treatment and any degrading handling, and absolutely prohibits the use of “brutal or inhuman means” in the course of an interrogation. Israeli authorities also stress that note should be taken of Israel’s commitment to investigate any allegation, irrespective of the source, and of Israel’s concern that more information should be provided in order to enable the appropriate authorities in Israel to investigate and respond substantively, where appropriate.

106. On 29 July 2009, the Israeli military commander in the West Bank, Major General Gadi Shamni, issued a new military order (Military Order No. 1,644) establishing a juvenile military court in the West Bank. This attempt to incorporate juvenile justice standards within the military court system was met with concern by the United Nations Committee on the Rights of the Child during its session in January 2010. Since the order came into effect on 1 October 2009, lawyers have observed that the military court judges, who adjudicate on juvenile matters in the West Bank, also continued to preside over cases involving adults. However, unlike previously, children under 16 years of age are now tried separately from adults and are brought into the courtroom individually, but are still taken to the courts from the detention facilities with adults.

107. In Gaza, 18 schools were destroyed and more than 260 were damaged, including 5 schools run by the United Nations Relief and Works Agency for Palestine Refugees in the Near East, by Israeli forces during “Operation Cast Lead”. In some cases, the Israel Defence Forces forcibly entered school compounds and used schools as interrogation centres. The lack of materials for reconstruction and rehabilitation of schools, coupled with chronic shortages of educational supplies as a result of an ongoing blockade forced thousands of students to learn in overcrowded schools operating on double shifts and often under unsafe and unsanitary conditions. To date, very few of the destroyed or damaged schools have been rebuilt or repaired. In addition, discrimination and neglect by Israeli authorities in East Jerusalem and Israel-controlled area C of the West Bank have also jeopardized children’s right to education. Inadequate structures, including tents, shacks and crude cement structures, are being used as schools owing to the difficulties in obtaining building permits needed to expand and upgrade existing schools and build new ones to accommodate the student population in area C, while in East Jerusalem, each year large numbers of Palestinian children are denied admission in the municipal schools run by the Jerusalem municipality and the Israeli Ministry of Education owing to a shortage of over 1,000 classrooms.

108. Almost half of Gaza’s health facilities were damaged or destroyed during “Operation Cast Lead” and Gaza’s health-care system is currently unable to provide adequate responses to children’s health-care needs. As a result, some patients must seek treatment outside Gaza — in the West Bank, East Jerusalem, Egypt, Jordan and Israel — for a wide range of medical assistance. During the reporting period, while 1,407 of 1,648 applications for children who sought to obtain medical assistance outside Gaza were approved, nine children in Gaza died while waiting for the appropriate permits to travel outside Gaza. In 2009 there was also an increase in the number of interrogations at Erez crossing, including the interrogation of children leaving Gaza for medical treatment.

109. Throughout 2009, the continuing high rate of settler violence against children was registered. Palestinian children continue to be shot, beaten and threatened while walking to school, grazing their livestock or playing outside their homes. According to reports, it has been revealed that a new pattern of violence has emerged since 2009, which suggests that Israeli settlers undertake attacks against Palestinians and their property in response to attempts by the Israeli authorities to dismantle “unauthorized” settlement outposts, raising additional concerns regarding the protection of Palestinian children. The Office for the Coordination of Humanitarian Affairs has documented at least two such incidents, in which 11 children were attacked by settlers. It is suspected that there are many more incidents that remain unreported. Perpetrators are never held accountable. This underscores the need for greater enforcement by the Israeli Government of the rule of law where violent settlers are concerned.

The Palestinian Campaign for Academic & Cultural Boycott of Israel is trying to get UNICEF to comply with the boycott for the upcoming conference organised by the Minerva Centre for Human Rights at the Hebrew University, jointly with the Van Leer Institute.

In essence, this conference establishes a false symmetry between the Palestinians under occupation and the Israeli occupiers and totally ignores the vastly divergent contexts in which children’s lives are embedded. The conference omits, in fact covers up, the fundamental source of the vulnerability and suffering of all children in this “conflict” zone: Israeli colonisation of Palestinian land and multi-tiered oppression of the Palestinian people. By inviting Israeli “security personnel” — the very same people who devise and execute policies that indiscriminately target Palestinian civilians, killing and maiming hundreds of children, as was done in the Gaza massacre — this conference not only gives them a credible and ‘respectable’ voice, but goes further than most in attempting to whitewash Israel’s atrocities in Gaza, its accelerating colonization of the West Bank and its gradual ethnic cleansing of entire Palestinian communities in occupied East Jerusalem and the Naqab (Negev).

Day 1 in the Thinking Chair – Mortification & Fascism

Whilst I’m suspended from our usual playground pending a complete exoneration, I’ve returned to my own patch to add thoughts and links which interest me. If folks stumble in, in search of their long lost mate, perhaps it’ll give them something to feast upon.

Here’s some shockers for today:

From the Defence of Children International [DCI] – Palestine submits 14 cases of sexual assault and threats to the UN for investigation

On 18 May 2010, DCI-Palestine submitted 14 cases to the UN Special Rapporteur on Torture for investigation. The submission relates to the sexual assault, or threat of sexual assault, of Palestinian children at the hands of Israeli soldiers, interogators and police between January 2009 and April 2010. The ages of the children range from 13 to 16 years.

DCI-Palestine is becoming increasingly alarmed at reports contained in sworn affidavits received from children that they are being subjected to sexual assault, or threat of sexual assault, in order to obtain confessions.

DCI-Palestine has reviewed 100 sworn affidavits collected from children in 2009, and in four percent of cases, children report being sexually assaulted, whilst in 12 percent of cases, the children report being threatened with sexual assault. The sexual assault and threats of sexual assault documented by DCI-Palestine include grabbing boys by the testicles until they confess and threatening boys as young as 13 years with rape unless they confess to throwing stones at Israeli settler vehicles in the occupied West Bank. DCI-Palestine suspects that these figures may understate the extent of the problem.

Finally the MSM is leeching from my fond analysis of the predominant sinister political ideology underpinning the ziocolony – views which do not subscribe to the absolute necessity of a specific form of economic relations nor a non-negotiable charismatic leader to name its putrid essence definitively.

Bradly Burston from Haaretz opines mournfully that

No one knows fascism better than Israelis. They are schooled, drilled in the history, the mechanics, the horrendous potential of fascist regimes. Israelis know fascism when they see it. In others.

Ironic that it’s the octogenarian iconoclast Chomsky whose banning from the West Bank precipated the latest Israeli flurry of angst.

Wrote Boaz Okun, the mass-circulation Yedioth Ahronot’s legal affairs commentator and a retired Israeli judge, of Israel’s ban on Noam Chomsky: “The decision to shut up Professor Chomsky is a decision to shut down freedom in the state of Israel.

“I’m not speaking of the stupidity of supplying ammunition to those who claim that Israel is fascist,” Okun wrote, “rather, of our fear that we may actually be turning that way.”

Burston goes on to grasp at that which he perceives to be associated with the present pungent aroma which in line with the gas used on non-violent Palestinian protestors and in their homes, is markedly redolent of skunk.

Why should we be concerned by any of this? Perhaps because we have made our peace with a number of factors that can turn a society toward fascism as a solution.

1. Losing a War.

We’ve lost two in the space of less than three years. Our targets, Hezbollah and Hamas, are better armed and entrenched than ever. Our strategic and diplomatic standing is in decline. Iran and Syria are ascendant. And there is abundant reason to suspect that the Gaza War, a major factor in the loss of our international standing, may have been altogether avoidable, the huge civilian death toll indefensible and unconscionable. This has, in turn, led to

2. International quarantine, a sense of being scapegoated, and a search for an internal fifth column.

3. A radical redefinition of positive values.

Look no further than the name of Jerusalem’s obscene Museum of Tolerance project.

4. Olfactory fatigue

We have grown desensitized to the consequences of actively denying basic staples and construction supplies to 1.5 million people in Gaza, many of them still waiting to rebuild homes we destroyed.

We have grown inured to the appropriation of Palestinian-owned West Bank land, to abusive treatment of law-abiding Palestinians at checkpoints, to the ill-treatment and summary expulsion of foreign workers, to racist, anti-democratic and, yes, fascistic rulings by extreme rightist rabbis, especially some of those holding official positions in the West Bank.

5. Fascism by rubber stamp.

“There are a million reasons why someone would be denied entry into Israel,” Interior Ministry spokeswoman Sabine Hadad said Monday, when asked about the ministry’s border policies in the wake of the Chomsky ban.

“There may be a million reasons, but try to find a single criterion for entry refusal and you’ll hit a blank wall,” said Association for Civil Rights in Israel attorney Oded Feller. “The Interior Ministry simply doesn’t publish them, despite a court ruling that ordered them to do so.”

6. The sense that despite everything, all is well.

There will be those who argue that the fact that I, or my Haaretz colleagues, are allowed to publish what we do, is proof that there is no fascism here, nor evidence of a police state.

The fact is that were we not Israeli Jews, and part of an establishment institution, any of us could find ourselves tossed out on the same pavement, and with the same lack of due process and due explanation, as Noam Chomsky.

7. The sense that there is a war on now, when there isn’t.

8. Selective enforcement of court rulings. Routine defiance of same, in particular by radical settlers

9. The 180-degree untruth that officials allow Israeli and Jerusalem Arabs to do what they want, while cracking down on their Jewish neighbors.

10. Equating criticism of the government with favoring the destruction of Israel.

This has become increasingly felt beyond Israel’s borders. In San Francisco, the canary in the coal mine of free discourse within the Jewish community, the Jewish Federation [JCF] recently revised and tightened the terms under which it agrees to grant funds to organizations.

“The JCF does not fund organizations that through their mission, activities or partnerships … advocate for, or endorse, undermining the legitimacy of Israel as a secure independent, democratic Jewish state, including through participation in the Boycott, Divestment and Sanctions (BDS) movement, in whole or in part.”

The guidelines go on to state that “Presentations by organizations or individuals that are critical of particular Israeli government policies but are supportive of Israel’s right to exist as a secure independent Jewish democratic state” are “generally in accord with the policy statement,” but “early JCRC [Jewish Community Relations Council] consultation is strongly encouraged and the programming should be presented within an overall program strategy that is consistent with JCF’s core values.”

Can all this have spread this far, this fast? Because of Israel, have Bay Area Jews who do not believe in a specifically Jewish state, now forfeited their right to be part of the Jewish community? Have Jews who love Israel but are seen as too critical, or who support a boycott to make their criticisms manifest, been effectively excommunicated?

It’s a free country, I guess.

There’s other symptoms to which Burston fails to flesh out sufficiently or relate to the political ideology of zionism – the State Histradut trade union abomination which steals Palestinian money; super-nationalism where individuality is suppressed and heroism engendered in youth military service into a reflexive, militaristic collective with exceptionalist double standards; collective and ideology are infallible, disagreement is treasonous – like individuals, unhealthy collectives cannot withstand criticism; the syncretistic ideology of zionism, a toxic alloy of religious myth and political mores, eugenics and racism, blut und boden, wrought and fed from irrationality, anti-semitism and flight, western colonial privilege, hubris and entitlement; the justifications of crimes against humanity – collective punishment, apartheid, ghettoes, bantustans, detentions without charge nor trial even of children – the hideous oppression of and contempt for the ‘Other’; the straitjacket bonds between the zionist financial elite, the military and security apparatus; the Other is eternal scapegoat for the hierachy above; the arbitrary borders, expansionism, theft of Palestinian water, land and mineral resources; in the absence of recognised and legislated equal rights and citizenship, instead blooms a convoluted, poisonous system of arbitrary unequal rights; the subversion of the sexual, the disempowerment of women in their most vulnerable, critical relationships and catharsis within permanent militarism, permanent war and permanent enemies on all sides regardless of treaties and entreaties, broken promises and forgotten road maps, raison d’etres for permanent victimhood and humiliation, permanent military largesse from the US, a permanent peace process, the permanent occupation which is never relinquished because the other side ‘doesn’t want peace’ or ‘we have no partner for peace’, the permanent fertilisers which sustain the praxis between ‘rebalancing’.

Fascism is a form of societal auto-immune disease – it stunts and eventually withers, unsustainable because rigid hierachies and ideal individuals fashioned to defend enclosed collectives are ultimately unattainable. These truths are suppressed – with reason numbed or short-circuited in panic, inflexible political ideology as surrogate is refreshed and the system is restabilised back to a reduced temporary homeostasis with awe – fear-inspiring spectacle – another war, another persecution, another killing, another repression, another ghetto, another land theft, another olive tree uprooted, another martyr, another genocide. In the end, debilitated by its own excesses, political zionism like other varieties of fascism before will fall.

Gaza Updates – Suffering & Injustice Continues

Many thousands of people are still homeless after Israel’s attack on Gaza. Dwellings for rent are scarce as hen’s teeth, rents are soaring, as are prices for even rudimentary bedding.

Some 4,000 homes were destroyed and about 17,000 badly damaged, according to a recent UN Gaza flash appeal. Some 50,000 people took shelter in UNRWA (UN agency for Palestinian refugees) facilities during the height of the conflict and tens of thousands have been staying in very cramped conditions with family and friends.

No’oman (who declined to give his family name) told IRIN he, his two wives and 10 children were given five minutes to evacuate their home in Neusarat on 8 January. His 16-year-old cousin was killed in the attack which completely destroyed his home.

“Our family lost everything – furniture, two cars, more than $500,000,” said No’oman, who reckoned his home was targeted because his brother works with Islamic Jihad.

Hamas has given the family $2,000 as emergency relief compensation.

The family has taken shelter in a nearby unfinished building. The bare-bones structure lacks heating or a decent water supply.

Mattresses, blankets and plastic sheeting are hard to find in Gaza and have gone up in price. Thin mats can be found for 200 shekels (about $200); tents are not available, according to local residents.

“Hamas is providing quick relief for those whose homes were destroyed – between $500 and $2,000 per household,” Hamas political leader Ghazi Hamad, head of borders and crossings, told IRIN. “And food assistance, like sugar, oil and blankets.”

UN agencies like UNRWA and the UN Children’s Fund (UNICEF), as well as international aid organisations like CARE, are looking to buy building materials and emergency relief items on the local market, but say they are unavailable.

“We have allowed humanitarian supplies to enter Gaza. The question is about goods that might have dual uses, like fertilizer which can be used to manufacture explosives,” deputy spokesperson of the Israeli Foreign Ministry Andy David told IRIN by telephone.

And cement is somehow linked with explosives?

“I found an apartment for the family for $180 per month, which is expensive,” said Ahmed, now sleeping in his car. “I can’t find a mattress – I am looking for blankets, but so far all I have is glass and a cooking gas cylinder.”

Chris Gunness, an UNRWA spokesperson, said there was no longer anyone living in UNRWA schools or facilities and that 8,000 people had been relocated to apartments with monthly rent assistance from UNRWA. He also confirmed that hundreds of tents had been distributed.

In the north of Gaza, farmers and activists are being shot at by the Israeli military. The mainstream media are remarkably blind to the many acts of attrition committed by Israel since its declaration of a ‘unilateral’ truce, yet when a puny militant rocket lands in Israel damaging a car, the story dominates the news, and Israel retaliates with devastating air strikes.

This report is from the brave volunteers of ISM.

Israeli soldiers again opened fire on Palestinian farmers and international Human Rights Workers (HRWs) on Thursday 5th February, as they attempted to harvest parsley in agricultural land near the Green Line.

Returning to farm-land of Al Faraheen village, in the Abassan Jedida area, east of Khan Younis, where soldiers had opened fire on Tuesday 3rd February, farmers and HRWs were able to harvest the parsley crop for only half an hour, before soldiers again began to shoot. A number of shots were fired into the air, before the soldiers started to aim in the direction of the farmers and international accompaniment. Bullets were heard to whiz past, close to people’s heads.

This behaviour on the part of the Israeli soldiers was an almost exact repeat of their response to the presence of the farmers and internationals, in the same area of farm-land, two days before. On the Tuesday, however, the group was able to harvest for two hours before soldiers began to shoot. Whilst farmers had hoped to be able to wait-out the shooting, in order to continue harvesting, it quickly
became clear that the situation was too dangerous for that to be possible.

The farmers of Al Faraheen are particularly aware of the level of danger they face when entering farm lands that are within 1 km of the Green Line – after watching their friend and colleague, 27 year old Anwar Il Ibrim, from neighbouring Benesela, killed by a bullet to the neck while he was picking parsely in the same area, just one week before.

Ma’an is reporting that moves to a truce are proceeding and are likely to be concluded with the existing Israeli government after the election. The new government won’t be installed till 6 weeks or so after the election

Israel is continuing its collective punishment of the Gazan people by disallowing the transportation of cement through the borders.

Meanwhile, an Egyptian source said that Hamas and other factions will most likely agree on a truce on Monday.

Raffi Eitan, Israeli Minister of Pensioner Affairs, stated Sunday that a prisoner-swap deal could be conducted within the coming weeks.

Eitan, who is currently in charge of evaluating the demands of Hamas regarding the release of 1400 detainees, said that a swap deal could be concluded before a new coalition government is formed in Israel.

In an interview with the Israeli Army Radio, Eitan said that there is a strong possibility that such a deal will be concluded with Hamas by the current Israeli government.

“By experience, we know that forming a new government could take up to six weeks”, Eitan added.

Furthermore, Israeli online daily, Haaretz, reported that according to Egyptian sources, Hamas agreed to the Israeli demand of linking the issue of fully opening border terminals with the issue of releasing Shalit.

Haaretz added that this issue allowed further progress towards declaring a ceasefire by connecting a full opening of the border terminals with the release of Shalit.

Yet, the Egyptian sources said that it remains unclear when a breakthrough would be achieved.

Haaretz reported that Egypt is promoting a plan which includes opening the crossing to function 80% of their capacity when a ceasefire deal is reached.

But Israel is still demanding to ban certain materials from entering the Gaza Strip; this includes cement and iron among other materials. Banning the entry of cement and Iron would prevent rebuilding thousands of homes and facilities destroyed during Israel’s “Cast Lead” offensive.

Israel said that an agreement on cement and other materials would only be allowed reached after the release of Shalit, thus linking the fate of thousands of homeless residents with this issue, and placing further pressure on Hamas to accept the Israeli stance.

Here’s another result of the inhumane border blockages – UNWRA may suspend aid delivery due to a lack of plastic bags.

The distribution by the United Nations Relief and Works Agency may end Monday because there are not enough plastic bags to hand out the food, a UNRWA spokesman told the Jerusalem Post.

The shortage is caused by a restriction on imports of raw materials into Gaza out of fear they will be stolen by Hamas. The pellets used to manufacture the bags are on the restricted list.

According to Press TV, republished in Palestinian Pundit, ICC lawyers intending to investigate Israeli war crimes, have been prevented by Egypt, for now at least, from entering Gaza.

The prosecutor of the International Criminal Court (ICC) set up the committee. Four French and Norwegian lawyers comprise the committee. The ICC had earlier started preliminary analysis into alleged Israeli war crimes in the Gaza war.

French and Norwegian lawyers from Amnesty International on Thursday had attempted to enter the impoverished Palestinian sliver through Egypt’s Rafah crossing with Gaza.

Amnesty International, Human Rights Watch, as well as B’Tselem, and the Palestinian Center for Human Rights, have filed a lawsuit with the International Criminal Court (ICC) against alleged Israeli war crimes in Gaza.

The criminal case is expected to focus on the Israeli atrocities, including charges of using disproportionate force, white phosphorous bombs and depleted uranium in the densely populated area.

The group intended to collect evidence and testimonials on “Operation Cast Lead” which killed over 1,300 Palestinian and wounded nearly 5,500 others, a large number of them women and children. The evidence was to be submitted to the International Court before Sunday, February 8th.

Egyptian authorities, however, prevented the four member group from crossing the border, arguing that for now only displaced Palestinians can enter the territory thought the crossing.

Free Gaza activist Theresa McDermott has turned up in an Israeli dungeon.

Scottish activist Theresa McDermott has been found in Ramleh prison four days after she was “disappeared” by the Israel government after being forcibly removed from a seaborne Lebanese aid mission to Gaza. In early February Theresa responded to a call for support from internationals from the organizers of a Lebanese humanitarian aid voyage to Gaza aboard the Togo flagged ship, Tali. Theresa was one of only 9 passengers aboard the cargo ship on February 4, 2009 when Israeli gunboats intercepted it, boarded and forced the ship to Ashdod port in Israel.

All the passengers and crew aboard were released on Thursday, February 5 except Theresa. Between Thursday evening and Sunday morning there was no word about Theresa’s whereabouts except several false stories saying that “Britons” had departed to London. Finally on Sunday, Theresa was able to call her brother John in Scotland to say she was in Ramleh prison in Israel.

According to Al Jazeera journalist Salam Khodr, when the ship was boarded, the passengers were beaten and kicked by Israeli soldiers before being removed from the ship.

No information has been provided by Israeli officials about why Theresa has been detained, what the charges are if any and why her detention was concealed. When the British Consulate in Israel was contacted for assistance in finding Theresa, staff refused to help locate Theresa saying they couldn’t provide assistance to a UK citizen unless she personally requested it. Members of the Scottish Parliament including Pauline McNeil and Hugh O’Donnell, who were part of a fall delegation to Gaza aboard the Free Gaza boat, Dignity, are working with the British government to ensure that Theresa receives the protection and assistance to which she is entitled.

Theresa went to Gaza with the first Free Gaza boats in August and returned with the ship Dignity for a second voyage. She is a respected, long time human rights activist who has worked with the International Solidarity Movement in Palestine as well as with Free Gaza. At home in Scotland she works for the Post Office. The Israelis found only medical and other humanitarian aid on the Tali but refused to return the ship. The status of its humanitarian cargo is unknown.

Other snippets:

Israel war leaves crude graffiti in Gazan homes

Hamas is going all out to secure international recognition of Palestine’s unique position as a nation of occupied, oppressed people yearning for a state.

Instead of offering a hudna with the Occupier, Marshouk wants only a tahdia – a period of calm.

Hamas regards its offer as a Tahdia, an Arabic word indicating non-aggression in a stand-off, usually described as a “calm”. A longer-term Hudna, or ceasefire, would be withheld until a peace agreement that would see Israel withdraw from Palestinian territory.

“Israel owns the West Bank and Gaza Strip right now but if it withdrew from these and let the Palestinians have access to Jerusalem, we would turn our face to rebuild our lives and live alongside as in other parts of the world,” said Mr Marzouk.

Two strands of indirect negotiations with Israel have converged. One arrangement would allow the rebuilding of shattered parts of the Gaza Strip in return for an end to rocket attacks. Another deal would see the release of a captured Israel soldier, Cpl Gilad Shalit, in return for the release of hundreds of Palestinian prisoners.

Hamas are proving to be skilful negotiators – capitalising on Israel’s abysmal stature in the world, an increase in Hamas popularity throughout Palestine and the advent of George Mitchell, for whom it appears they have respect. Holding out for an end to the occupation is the just, appropriate tactic and hopefully timing is right to achieve it.

“History has shown that you have to take by force your rights from Israel,” said Mr Marzouk. “You can’t make peace unless you make Israel pay the price of occupation. It’s the only strategy.”

Ultimately Hamas is waiting for President Barack Obama and his regional envoy George Mitchell to abandon what it describes as George W Bush’s “with us or against us” approach, probably after the new Israeli government emerges after Tuesday’s election.

“George Mitchell is a unique American, the first official to make a report calling on Israel stop the settlements,” said Mr Marzouk. “He made peace in Ireland by allowing the Republicans to hold their dream while dealing with a different reality on the ground.”

Tony Blair, the Middle East peace envoy, recently declared that direct negotiations with Hamas are inevitable but Mr Mitchell has insisted the US boycott will continue.

But Hamas senses its moment has come and is emboldened enough to claim its covert discussions with the West occur more frequently than in most alliances. “We talk to many official and unofficial agencies, sometimes two or three daily,” he said. “They choose to keep the dialogue secret and we respect that, after all we can’t say we are a normal country or a normal state party.”

Secret communications with Hamas which should have averted a wasteful, criminal war against the Gazan people had not Israel’s insane warmongers already planned their massacre several months prior are revealed by Gershon Baskin.

My talks with the Hamas leader in Europe focused on two main issues: convening a secret direct back channel and linking the prisoner exchange for Schalit’s release to the renewal of the cease-fire and the ending of the economic siege on Gaza. For about two years Hamas has rejected the linking of the prisoner exchange with the cease-fire and the end of the siege. Since, however, this was the initial position of Hamas immediately following the abduction of Schalit, as was communicated to me some three weeks after the abduction – a call for a cease-fire, opening the borders and the prisoner exchange – I appealed to the Hamas leader to go back to the original demands, but to include an agreement to bypass the Egyptian mediators through a direct secret back channel.

I returned to Israel and 10 days before the war broke out I wrote to Olmert, Defense Minister Ehud Barak and Foreign Minister Tzipi Livni that Hamas was willing to open a direct secret back channel for a package deal that would include the renewal of the cease-fire, the ending of the economic siege and the prisoner exchange for the release of Schalit. I further indicated that Hamas would be willing to implement the agreement on Rafah which included the stationing of Palestinian Authority personnel loyal to President Mahmoud Abbas in Rafah and a return of the European monitors. I communicated the same message to Noam Schalit and asked him to make sure that Ofer Dekel, who is charged with the Schalit file by the government, received the Hamas “offer.”

I waited for a response from one of the people who received my letter.

Nothing. No response. When the war broke out I understood that the decision to go to war had already been taken and that the government preferred to teach Hamas a lesson rather than negotiate a new cease-fire and the release of Schalit. I understood that the leaders believed that they could bring about a regime change in Gaza, even if this was not the stated goal of the war. Why would we negotiate with Hamas if we expected to bring about the fall of Hamas?

OVER THE PAST DAYS the media has been filled with reports that there is a new breakthrough in the talks for the release of Schalit: “Hamas is willing to link the end of the economic siege with the release of Schalit.” When I read this I said to myself – enough lies and spins.

What did this war achieve? What has changed? Has Israel gained its military deterrence? Has Israel changed the security reality in the South? Is Gilad Schalit at home? Has Hamas reduced its basic demands for the release of Schalit? No, no and no! Israel is negotiating now for exactly what could have been achieved without going to war. Israel spent $1 billion on the war, caused some $2 billion worth of damage in Gaza, more than 1000 people have been killed, thousands of lives have been destroyed. Hundreds of thousands of Israelis lived through weeks of terror; millions of Palestinians suffered the bombardment of their towns, cities and refugee camps – what is the result? More hatred, more extremism and more support for fanatics and their ideas – on both sides of the Gaza border.

If the transition government of Olmert does bring Schalit home before the new government is formed, it will pay the exact price that it could have paid nearly 950 days ago. The price then was as unreasonable as it is today; the problem is that there is simply no other way of bringing Gilad home. Hamas has not changed its price. The war in Gaza did not create any positive developments. It has not changed the price. It has not enabled a new breakthrough. It has weakened the moderate leadership of Abbas. It has weakened the moderates in Gaza. It did not achieve the goals that our leaders hoped it would.

The war was supported by 94 percent of Israelis because they really believed it was a “war of no choice.” Lies, lies and lies. There was a choice. That choice was made – our leaders preferred war regardless of the cost. We don’t negotiate with terrorists. We won’t talk with Hamas. They don’t recognize our right to exist, and we don’t recognize that they were elected in democratic elections. Instead we hit them first and then we talk. We planned the war rather than planning how to avoid the war. That is the doctrine of the government. Now we can talk with Hamas? Isn’t that what the government is doing today?

Perhaps the talks are not direct, but we are negotiating with Hamas.
The agreement that will be reached will be exactly what I proposed to Olmert, Barak and Livni 10 days before the war began.

More background information on the dispossession of the people of Palestine by the Zionist enterprise, by Stephen Lendman in his article, “A Short History of the Israeli – Palestinian Conflict: Past Is Prologue”.

Al Jazeera offers a stellar interview with senior Hamas political leader Mahmoud al-Zahar who favours truce with Israel.

My attendance, along with a delegation of senior [Hamas] figures, reflects the real desire of Hamas’s leadership inside and outside the Palestinian territories to end this crisis by upholding the truce in a way that guarantees the rights of the Palestinian people. To give them back their rights in rebuilding what the occupation has demolished via a ceasefire.

Al Jazeera: Is it believed such a truce would be for the benefit of the Palestinian people and Hamas and to lift the siege imposed on the Strip?

Zahar: Absolutely. Our project is not “armed action”. The “armed action” is a part of the resistance.

We have repeatedly explained the concept of resistance. The resistance is, first rejection of the occupation and the injustice, the resistance is rejection of abuse of rights. This idea led to [the emergence] of Hamas, the Islamic resistance movement, under this name, before it fired a single bullet at the Jews.

Therefore, we want to continue the comprehensive programme of the resistance. But we also want to give ourselves a chance to rebuild what the occupation has demolished – as long as the Israeli side will stop its aggression against the Palestinian people.

Those who view Hamas as an enemy to Egypt are wrong. Those who believe that Hamas may be dangerous to the national security of any Arab state are wrong.

Al Jazeera: Do you view your movement as a resistance group or as a branch of the Muslim Brotherhood group?

Zahar: This is not the issue. Syria has very good relations with Hamas, but terrible relations with the Muslim Brotherhood group. More than 24,000 people were killed in 1982 by the Syrian regime and the Muslim Brotherhood group.

It is wrong to be confined by a particular experience.

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.