ISRAELI ATTACKS ON GAZA/DIRTY WAR AGAINST THE PALESTINIAN CIVILIAN POPULATION
DEDICATED TO THE GAZAN POPULATION
''Parties to a conflict shall at all times distinguish between the civilian population and combatants in order to
spare civilian population and property. Neither the civilian population as such nor civilian persons shall be the
object of attack. Attacks shall be directed solely against military objectives. ''
Fundamental rule of the International Humanitarian Law
http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/668BF8"I
have witnessed this army [Israeli, addition Astrid Essed] demolishing,
shooting and humiliating people whom I did not know… It hurts me when
people, Palestinians, are being so brutally assaulted, and it hurts me
when they later turn their hatred towards me because of it. I wasn't
born to serve as a soldier who occupies another… My responsibility is
to refuse."
Raz Bar-David
Varon, Israeli teenager, who refuses to serve in the Israeli army
With great respect and admiration for those Israeli young people, who have the courage to refuse in an occupation army.
IN REMEMBRANCE:
In remembrance of 16 Palestinians, among who 11 children, who
have been killed by an Israeli air-attack dd 1-1-2009 NEWYEARSDAY, on
the house of Mr Nizar Rayyan, a leader in the Hamas
resistance-movement, in the Jabaliya refugee camp
In remembrance of all known and anonymous victims
49-year-old Nizar Abdul-Qadir Rayyan
40-year-old Nawal Ismail Rayyan
46-year-old Hyiam Abdul-Rahman Rayyan
45-year-old Iman Khalil Rayyan
25-year-old Shirin Said Rayyan
2-year-old Asad Nizar Rayyan
3-year-old Usama Nizar Rayyan
3-year-old Aiysha Nizar Rayyan
4-year-old Reem Nizar Rayyan
5-year-old Halima Nizar Rayyan
5-year-old Meryam Nizar Rayyan
6-year-old Abdul-Rahman Nizar Rayyan
12-year-old Abdul-Qadir Nizar Rayyan
12-year-old Ayia Nizar Rayyan
15-year-old Zainab Nizar Rayyan
16-year-old Ghassan Nizar Rayyan
However, I don't forget the Israeli civilian victims, especially
the children, because all civilians have the right on protection and on
life
Dear Editor and Readers,
With deep shock and deep indignation I have witnessed the
Israeli attacks of Gaza, which have started dd 27-12, one day after
Christmas, and have since costed a great number of Palestinian lives.
The attacks took place on a great number of targets, parlty civilian
Under the targets were the parliament building and other
government-facilities, a police building, a great number of Mosks,
the University of Gaza, a television-Station, homes,, tunnels, which
supply the population of food, markets and refugee-camps, several
UN Schools and buildings, where the civilian population is hiding for
those murderous attacks
EVEN AMBULANCES have been hit..
Also a hospital was damaged
Especially children paid a huge price
Already since the beginning of the attacks [27-12] a great number
of children were victims, since witnesses, living in Gaza and
Palestinian newsmedia testified, that one of those air-attacks took
place, when the children were from school on their way home, with as
consequences a great number of dead and wounded children. [1]
ISRAELI CESSATION OF FIRE AND THE WITHDRAWAL OF THE ARMY
Now, after 22 days of Israeli attacks, the Israeli government has
launched a cessation of fire, resulted in the withdrawal of the
Israeli army out of Gaza, which is a condition of Hamas, which has also
consented to a cessation of fire.
The cynical way, by which the Israeli prime-minister Mr Olmert
referred to the ''achievement of the goals'' is the more shocking,
since the Palestinian death rate is more than 1206, among who 415
children, 110 women and 115 elderly people
More than 5320 people have been wounded, aming them 450 in critical condition
On Israeli side, approximately 13 people have been killed, among who 3 civilians
26 people were wounded, among them 2 lightly wounded, due to rocket-attacks from Southern-Lebanon
Yet, between the Israeli announcement of the cessation of fire and
the beginning of the army withdrawal, due to Israeli attacks in Klan
Younis, one Palestinian had been killed
Hamas had fired 5 rockets on Southern-Israel before.
INTERNATIONAL REACTIONS:
The international reactions on the attacks on Gaza were predictable:
While the Arab and islamic world, the African Union, some Third
World Countries, South Africa and of course the Palestinian Fatah
president Mr Abbas were condemning the Israeli attacks, the USA,
besides after some cautious remarks about the Israeli army ''to spare
the civilian population'', laid the major responsibility at the
shoulder of the attacked party, namely Hamas
Japan, Russia and China condemned the Israeli attacks, but also
urged to Hamas to end the rocket-attacks on Israeli cities and villages
The EU, as usually condemning without any consequences for Israel,
stated by EU Foreign Policy Chief, Mr Solana, a direct cessation of
''military actions on both sides''
Later the EU presidential country, the Chech Republic, has alleged, that the Israeli groundoffensive were ''defensive''
The French president Sarkozy, aiming to force a cessation of
fire, left for a trip to the Middle-East, for meetings with the
Egyptian president Mubarak, the Israeli authorities, the Fatah
Palestinian president Abbas and for the Lebanese and Syrian authorities.
The Secretary General of the UN, Mr Ban Ki Moon, initially stated
to be ''very concerned'' about the ''heavy violence and bloodshed'' in
Gaza
Later he called on as well Israel as Hamas to stop the military
activities and also calls on Israel to permit humanitarian supplies in
Gaza
After defying the UN Security Council regarding a cessation of
fire, he showed his disappointment to Israel directly and to Hamas
indirectly.
Another reaction, worth mentioning, came from the newly elected
president, Mr Obama, who uttered his concern about the great number of
civilian death in Gaza.
[2]
OTHER INTERNATIONAL REACTIONS, AMONG WHICH THE DUTCH, REFERRING TO ISRAELI ''SELFDEFENCE''
As has already being said, the USA, Germany and The Chech Republic called the Israeli attacks on Gaza ''self-defendent''
It is a shame and disgrace, that also the Dutch prime-minister, Mr
Balkenende has showed ''understanding'' for the position of Israel,
because of the firing of Palestinian rockets on Israeli civilian goals
Also the Dutch Foreign Minister, Mr Verhagen, fanatical pro-Israel
hawk, has stated, that the Dutch government doesn't find it
''necessary'' to take sanctions against Israel
Dd 9-1, the Dutch parliament refused to condemn Israel, by which
occasion Mr Verhagen had the nerve to state, that Israel ''is
maintaining the International Humanitarian Law''
By reacting like that, he, in line with Germany, Chech and the
USA, Mr Balkenende and Mr Verhagen are denying the character of the
Israeli attacks, which are war-crimes
''JUSTIFICATION'' BY THE ISRAELI AUTHORITIES:
The
Israeli authorities are justifying the largescale attacks on Gaza with
the argument, that the ''terroristic Hamas attacks on Israeli civilian
goals must be stopped''
Further, the authorities have declared, that they have ''informed'' the Gazan civilian population of the attacks
Also they have laid the whole responsibility for the attacks at ths shoulder of Hamas.
As I shall make clear in underlying, those Israeli allegations are not only cynical and inhuman, but make no sense at all
Namely it is the obligation of any attacking party according
International Law, to protect the civilian population with any means
against the consequences of the attack
Just to ''inform'' or ''warn'' the civilian population, doesn't
relieve the attacker from her responsibility for the consequences of
the attack [3]
Further it is evident, that the attacker alone
[in casu the Israeli army] is responsible for the consequences of the
attack and not the other party to the conflict, in casu Hamas.
ISRAELI ATTACKS ON GAZA, ARE WAR-CRIMES, BEING GRAVE BREACHES OF THE INTERNATIONAL HUMANITARIAN LAW
Principle of distinction between combatants and non-combatants, also in the use of arms.
According
to International Humanitarian Law, it is a fundamental principle, that
in an armed conflict, at all times distinction must be made between
combatants [military and fighters] and non-combatants [civilians]
Of course this is applicable on all parties of the conflict, in
casu as well Israel, as Hamas, Islamic Jihad, the Popular Palestinian
Liberation Front and the Al Aqsa Martyrs Brigades, or other resistance
groups [4]
When this disctinction isn't made, whether by direct attacks on
civilians or civilian goals, or by indiscriminate attacks, war-crimes
are committed
Also the use of non-conventional weapons like clusterbombs and artillery, which can't make that distinction, are war-crimes
According to sources in the Times, Israel has used phosphorusbombs in Gaza
Thiis is also confirmed by the international human rights organisation Human Rights Watch [
www.hrw.org]
With regard to phosphorusbombs, the use isn't forbidden as a
smokescreen before the army, but isn't permitted in a dense populated
area
Israel however has used the bombs in a dense populated area
See also
According to the Haaretz and other newspapers, likewise the internationally forbidden clusterbombs have been used
[5]
About the danger of the use of artillery in a densely populated area, see also
INDISCRIMINATE ATTACKS
As being said, direct targeting civilians or civilian goals are forbidden according to International Humanitarian Law
However, mosty and certainly in the case of Gaza, the situation
isn't that clear, since the often presence of fighters in civilian
areas.
When an attack is then launched, it is only permissable, when all
precautions are made by the attacker to protect the civilian
population. [6]
When, however, the attacker is not capable or willing to do that
and attacks nevertheless, he is responsible for war-crimes, since he
knew what risk had been taken with the civilian population
Attacking thus is called an ''indiscriminate attack'', since it
isn't possible to make any disctinction between combatants and
non-combatants
Not only in respect to those recent attacks, but also in nearly
all Israeli attacks in Gaza, indiscriminate attacks took place with as
a result a high death toll, Gaza being one of the most densely
populated areas of the world.
DIRECT ATTACKS ON CIVILIANS OR CIVILIAN GOALS:
Besides those indiscriminate attacks, Israeli army also has
launched attacks on direct Gazan civilian goals like houses, public
buildings, the UIniversity of Gaza, a TV Station and two Mosks, which
are apparently war crimes
FURTHER INFORMATION:
THE ISRAELI ''WARNING'' OF THE GAZAN CIVILIAN POPULATION
AND THE HAMAS ''RESPONSIBILITY''
As being commented before,
each military attacker has the responsibility to protect the civilian
population against the consequences of his attacks, as well regarding
the choice of the attacking-location, as in the choice of arms
[anti-personnel weapons are not permitted in a civilian area]
So the remarks of the Israeli authorities of the ''warning'' of
the civilian populations makes no sense, since they have to protect the
civilian population [7]
Also it is nonsense, to hold Hamas or other resistance groups responsible for the consequences of the Israeli attacks
However, in sofar Hamas and other groups have a responsibility,
that it is their obligation according to International Law, to avoid
being located in a civilian area .
But apart from that, that doesn't relieve Israel from her also
existing obligation to protect the civilian population with all
feasible means, being responsible for her own attacks.
ARE THE PALESTINIAN ROCKET-ATTACKS ON ISRAELI TOWNS AND VILLAGES JUSTIFIED?
One of the principles of International Law states, that the one
illegal deed [in casu the Israeli indiscriminate attacks] is no
justification whatsoever for anothet illegal deed [the Palestinian
rocket-attacks on Israeli cities and villages]
Of course I can have have understanding for the Palestinian
motives for launching the rockets, which are lying in the unbalance of
power, the struggle between the occupator and the oppressed and the
fact that the diplomatic route is no option, since Israel has no
respect for International Law and the continuing Western support for
Israel
However, regardless the party of the conflict, military attacks on civilians and indiscriminate attacks are forbidden
We must not forget, that also the Israeli inhabitants of the referred cities [Ashkelon, Sderot etc] have a right on life. [8]
Just like the declaration of the Israeli minister of Foreign
Affairs, Mrs Livni, that Hamas is responsible for Israeli attacks,
makes no sense, Palestinian rocket-attacks can't take place under the
pretext, that Israel is responsible.
FIRING AT AMBULANCES AND LACK OF COOPERATION WITH HUMANITARIAN ORGANISATIONS
Recently the Red Cross has sharply cricitized Israel, as well for
the lack of their cooperation to make the Red Cross access the Gaza
strip to give medical assistance, the hindrance to reach the victims
and the firing at ambulances
Recently a Red Cross ambulance has been hit and also an UN Convoy was hit.
The driver died [8-1]
Lack of cooperation by entering Gaza and continous obstruction to help the victims
Only after repeated requests [since 3-1], the Israeli authorities have granted the Red Cross permission to enter Gaza dd 7-1
After entering in Gaza, they met horrible scenes, like a house with 12 corpses and four little children by their mothers corpses
The Israeli army had done nothing to help them
Later they met a house with 15 survivors, but get orders from the Israeli army to leave the area
The team refused to leave and mamaged to evacuate wounded people
and the survivors [among them, the children], but due to lack of
cooperation of the Israeli army, making obstacle everywhere they had to
bring the people with donkey-cars to the ambulance
Further the humanitarian circumstances are horrible:
According to the Red Cross, wounded people are dying in the streets, waiting for ambulances
DIRTY WAR AGAINST THE PALESTINIAN CIVILIAN POPULATION:
ABOUT MILITARY ATTACKS, THE BLOCKADE OF GAZA, HOUSE-DEMOLITIONS AND EXTRAJUDICIAL EXECUTIONS:
The reason, why I have qualified the Israeli military attacks on
Gaza as a ''dirty war against the civilian population'' is the
structural and systematical character of the indiscriminate attacks,
the housedemolitions and the depriving of the innocent Gazan civilian
population of the bare necessities like food and medicines, by the
continuing blockade of Gaza, which is a crime against humanity [9]
A
Israeli attacks on Gaza:
Over the years of the conflict, the character of the Israeli
attacks were either directly targetted against civilians or civilian
goals, or indiscriminate, which have costed the lives of hundreds of
Palestinian civilians, as well in Gaza, or in the occupied West-Bank
and Eastern Jerusalem [10]
B
Liquidations of Palestinian leaders and activists:
Yet apart from those military attacks, there are the Israeli
liquidations of Palestinian leaders and activists, since the end of the
sixties of the former century.
Those liquidations, as extrajudicial executions in contrary with
International Law [they don't take place during combat], are being
executed in densepopulated civilian areas like crowded streets,
marketplaces, flatappartments and refugee-camps, with as a consequence,
that there are a great number of civilians under the victims.
C Housedemolitions:
Another illegal practice refers to the housedemolitions of
familymembers of real or alleged suicide-activists or other
Palestinians, who are considered as ''terrorists'' by to the Israeli
authorities [11]
Those housedemolitions are as a ''collective punishment'' huge violations of International Law, yet apart from the inhumanity
Furtherm, the house demlitions are also contrary with article 53,
4th Geneva Convention, which forbids the destruction of property of
''protected persons' [people, who are living under an occupation]
[12]
D Blockade of Gaza:
Another aspect of the ''war against the civilian population'' is
the Blockade of Gaza, depriving the Gazan population from the bare
necessities like medicines and foodsupplies
Sometimes there is a temporary Israeli permission to receive medicines and foodsupplies, before closing Gaza again
Dd 7-1 Israel has llaunched regarding the siege of Gaza-city, a
''pause in battle'' from 12-15 o'clock to give free access to medicines
and food-supplies for the civilian population, after having opened the
border.
However, this is no ''favour'', but an obligation according to
International Law,hich states, in fact, that at all times, there must
be free acceess of mediicines and food-supplies for the civilian
population..
Also the human rights organisation Human Rights Watch [
www.hrw.org] recently has done an appeal to Israel to give free access to humanitarian organisations and workers
See
Blockading the Gaza border is, yet apart from the utter
inhumanity, this is according to International Law, a crime against
humanity [13]
E Gaza is still occupied territory
It is important to realize, that not only the principles of the
International Humanitarian Law, but also the 4th Geneva Convention,
which is referring to the protection of civilians during an occupation,
is still applicable, since Gaza is still occupied territory
Now there is a military offensive, but so that the future is
uncertain, but anyway, with the withdrawal of the Israeli army out of
Gaza, in 2005, the occupation didn't stop, since Israel continued [and
of course still does] the air and borders of Gaza
According to the regulations of the Hague Convention dd 1907, a thus border and air control means an occupation [14]
CRUX, THE ISRAELI OCCUPATION OF PALESTINE
EU AND ISRAEL
In the beginning of the article I have stated, that EU foreign
chief, Mr Solana, has appealed to a cessation of fire between Israel
and Hamas and that Mr Sarkozy went to the Middle-East with that purpose
In this respect, however, it is of main importance, that the EU
openly and clearly condemns the present Israeli attacks, which have led
to a great number of war-crimes and as such, are a dirty war against
the Palestinian civilian population.
The EU has the means to launch political presure Israel, by
suspending or ending the Association-Accord [which implies advantageous
trade conditions for Israel] with Israel or to launch a boycot or
sanctions.
The crux of the comtemporary Middle Eastern confict, however, is
the more than 41 years Israeli occupation of the Palestinian
territories [West-Bank, Gaza and Eastern-Jerusalem], despite UN
Resolution 242, dd 1967, which summoned Israel to withdraw its troops
out of the areas, she had conquered after the june-war dd 1967
Untill the day of today, Israel has refused to do that.
Like
any other occupation in the world. of course this occupation has led to
oppression, humiliations and hige human rights violations
Where opression is, is resistance, which is the universal right of any population
In this case, the resistance has been uttered in a lawful
[miliutary actions against the Israeli army] and an illegal [suicide
attacks or rocket-attacks against Israeli civilians or civilian goals]
The countries of power, like the EU and USA, have the
international obligation, as well out of humanity, as according to
International Law, to launch political pressure on Israel to end the
occupation, dismantle the illegal settlements in the occupied
territories and tear down the illegal Wall, the conflict will go on,
with all humanitarian consequences for BOTH parties. [15]
For those consequences, as well as the EU, as the USA will be co-responsible
EPILOGUE:
However, there are actually no signs, the political pressure will be launched.
So the Palestinians will have two choices, to be further humiliated, oppressed and killed
Or to launch a liberation battle against the opressor, which is the universal right of any population, who is oppressed.
Following that line, I I agree with the Hamas-summon for a Third
Intifadah, when diplomatic pressure is not launched, or results to the
freedom, on which the Palestinians are waiting for so long
Hopefully directed against the Israeli army only.
Because we must never forget, that civilian victims at all costs must be spared, whether on Palestinian, or on Israeli side.
Astrid Essed
Amsterdam
The Netherlands
See for the source of the Israeli air-attack and names of the people who were killed
Images of the Israeli New years air-attack:
[1]
"Israeli missles tore through a children's playground and
busy market in Diere Balah, we saw the aftermath - many were injured
and some reportedly killed. Every Hospital in the Gaza strip is already
overwhelmed with injured people and does not have the medicine or the
capacity to treat them. Israel is committing crimes against humanity,
it is violating international and human rights law, ignoring the United
Nations and planning even bigger attacks. The world must act now and
intensify the calls for Boycott, Divestment and Sanctions against
Israel; governments need to move beyond words of condemnation into an
active and immediate restraint of Israel and a lifting of the siege of
Gaza"
- Ewa Jasiewicz (Polish and British) Free Gaza Movement
[2]
See for further international reactions:
[3]
I refer to the Human Rights comment on the Israeli attacks on
Lebanon dd 2006, when the Israeli autorities also declared, that they
had ''warned'' the Lebanese civilian population
I quote Human Rights Watch:
''While international humanitarian law requires effective advance
warning to the civilian population prior to an attack where
circumstances permit,
[164]
those warnings do not relieve Israel from its obligations at all times
to distinguish between combatants and civilians and to take all
feasible precautions to protect civilians from harm. ''
See the source:
From the report ''Why they died''
[4]
[5]
The use of artillery
The use of phosphorusbombs
The use of clusterbombs in Gaza
[6]
[7]
The socalled ''warnings'' of the Israeli army, trying to release
themselves from their obligation to the civilian population, is no
''incident'' in Gaza, since it has also been practized in the Israeli
attacks on Lebanon dd 2006
See the documentation under [3]
[8]
[9]
[10]
[11]
I say ''considered as terrorists'', since the Israeli authorities
have a very broad definition of the terminoligy ''terrorist'', since
they also consider the Palestinian military attacks on the Israeli army
being ''terrorist'', which is nonsense and in contrary with
International Law
According to International Law only military attacks on civilians or civilian goals are ''terroristic''
In all other cases, parties to the conflict are legitimated to
attack the military goal of the adversary, and certainly in the
situation of Palestine, since this is resistance against an occupation
army
Article 33, 4th Geneva Convention, which forbids collective punishment
Article 53, 4th Geneva Convention, which forbids the destruction
of the property of ''protected persons'' [people, who are living under
an occupation
According to International Law, Gaza is still occupied area, since Israel is actually controlling the frontiers and air
See Human Rights Watch, Q and A on hostilities between Israel and Hamas
Part of the text:
''The treaty law, most importantly Common Article 3 to the Geneva
Conventions of 1949, to which Israel is a party, sets forth minimum
standards for all parties to a non-international armed conflict - that
is, between a state and a non-state armed group. Also relevant is law
on occupation found in the Fourth Geneva Convention of 1949, which
remains applicable in Gaza because of Israel's ongoing control of many
aspects of life there despite the withdrawal of its troops. ''
Source:
See the source:
See also the the Hague Convention dd 1907
[13]
[14]
According to the Hague Convention dd 1907, an area is occupied
territory, when it;s air and borders are being controlled by a foreign
State
This is applicable to Gaza, since Israel is actually controlling
its borders and air, after the withdrawal of the Israeli army in 2005
See the Hague Convention 1907
See also:
Human Rights Watch, Q and A on hostilities between Israel and Hamas
Part of the text:
''The treaty law, most importantly Common Article 3 to the Geneva
Conventions of 1949, to which Israel is a party, sets forth minimum
standards for all parties to a non-international armed conflict - that
is, between a state and a non-state armed group. Also relevant is law
on occupation found in the Fourth Geneva Convention of 1949, which
remains applicable in Gaza because of Israel's ongoing control of many
aspects of life there despite the withdrawal of its troops. ''
Source:
[15]
According to International Law [article 49, 4th Geneva
Convention], all settlements in the occupied Palestinian territories
are contrary with International Law
See the 4th Geneva Convention:
According to the Hague Convention dd 1907, nothing may be undertaken to change the geografical character of the occupied area
The Hague Convention 1907
Concerning the illegality of the Israeli Wall, with a route across occupied Palestinian territory:
Dd 9-7 2004, the ICJ declared the building of the Israeli Wall
illegitimate, since it is crossing through Palestinian occupied
territory
See
ADDED LITERATURE
The Red Cross:
Amnesty International
HUMAN RIGHTS WATCH:
APPEAL TO ISRAEL TO GIVE FREE ACCESS TO THE HUMANITARIAN ORGANISATIONS AND WORKERS
OCHA, UN ORGANISATION OF HUMANITARIAN AFFAIRS
B'tselem:
Human Rights Watch:
