Israel gets away with another war crime...what mockery of human rights and international law

Palestinian men gather around a crater caused by an Israeli air strike on the al-Dalou family's home in Gaza City on November 18, 2012. (AFP Photo / Marco Longari)

Israel justified the killing of the al-Dalou family of 10 along with 2 neighbors in the Nov 18 airstrike on their 3 story home during 8-day Israeli offensive into Gaza (Operation Pillar of Defense) and decided NOT to investigate the attack as "Israeli forces did not violate the laws of war or commit any criminal acts in the attack." Well thats just nice and dandy ain`t it, you can just go on and kill just about anyone without any hint of repercussion from the international community. When will this wanton aggression stop if ever?

The Palestinian Center for Human Rights (PCHR) said on Sunday that they were informed of this decision. 'The group stated that the Israeli verdict proved its inquiry was a “smokescreen” to provide “systematic cover for widespread violations of international law.' The PCHR called Israel's decision “a mockery of victims’ rights and international law” and rightfully so. 

The IDF Military Advocate General's (MAG) Corps who issued the decision stated, after examining the claims of alleged violations by the Israeli military during the November offensive on Gaza  “...that there was no basis to open a criminal investigation or to take any additional measures,” the report published on the IDF website reads.

And of course the blame game and flip-flopping on the facts ensued, with Israel’s chief military spokesperson Yoav Mordechai claiming it was the home of a 'known head Hamas rocket unit' as cited by Reuters and only days later saying a member of al-Dalou family was target of the raid. Army spokeswoman Avital Leibovich told AFP on November 27 the father of al-Dalou family was 'affiliated with Hamas` military wing,' "there was no mistake from the IDF."

Then, Leibovich later denied she had identified Muhammad al-Dalou as the target, surprise...surprise. “What I said is that the targets we picked were not innocent civilians,” she told Maan News Agency, refusing to comment on WHO exactly was targeted and whether the person was killed or not.

What deception and utter disregard of human life. And they have the gall to call it 'collateral damage' in the report? Seems like collateral damage is as routine as anything now

“We are calling on the Palestinian leadership to sign and ratify the Rome Statute, become a member of the ICC and ask the prosecutor to open an investigation into Israeli violations of international Human Rights and Humanitarian Law,” the rights advocate concluded.

Just so if you all have forgotten, in November 2012, the eight-day Israeli offensive in Gaza killed about 170 Palestinians, including many women and children, and injured over 1,400 others that is WELL DOCUMENTED by world press organizations unlike our mainstream media here in the US.

The only thing at hand now of any use is for the Palestinian leadership to sign and ratify the Rome Statute, becoming a member of the International Criminal Court (ICC) and asking the prosecutor to open an investigation into Israeli violations of international human rights and humanitarian law that have gone unabated forever now. However, the issue at hand now is if the impotent lame duck Palestinian Authority (PA) headed by Mahmoud Abbass doesn`t refer this to UN ICC and other UN agencies, then he should resign and just give the Palestinian people their dignity and respect they finally deserve.

On the flip side, there is politics with the ICC in the Hague as we saw with Muammar Gaddafi and his 'alleged war crimes' against his people...thats for another time guys to comment on.

Read: Israel not to probe ‘unfortunate’ killing of 10 members of Gaza family (RT NEWS)

Israel will NOT investigate killing of 10 members of Gaza family in airstrike during last 8-day Israeli offensive in Gaza Nov 2012 (RT News)

RT NEWS
April 14, 2013

A Palestinian rescue worker carries the body of a child from the al-Dallu family into the hospital in Gaza City on November 18, 2012, after seven members of the al-Dallu family, including four children, were among nine people killed when an Israeli missile struck a family home in Gaza City. (AFP Photo / Mohammed Abed)

The Israeli Military’s legal arm has decided not to open a criminal probe into the deaths of 10 members of the Palestinian al-Dalou family killed in the IDF’s air-strike on their home during the Gaza war last year.

The airstrike on the al-Dalou home “does not raise suspicion of the commission of a criminal offense and that the unfortunate result occurred despite the efforts made to minimize the collateral damage to uninvolved civilians,” the IDF Military Advocate General's (MAG) Corps stated, after examining the claims of alleged violations by the Israeli military during the November offensive on Gaza.

“The MAG decided that there was no basis to open a criminal investigation or to take any additional measures,” the report published on the IDF website reads.

On November 18, during the eight-day deadly confrontation between Israel and Hamas militants, an Israeli warplane bombed the home of the al-Dalou family in Al-Nasser neighborhood, central Gaza City.

The attack turned the three-storey home into rubble, killing ten members of the household, including five women and four children. Two more civilians from the family living next door were also killed in the attack.

Palestinian men gather around a crater caused by an Israeli air strike on the al-Dallu family's home in Gaza City on November 18, 2012. (AFP Photo / Marco Longari)

Shortly after the strike, Israel’s chief military spokesperson Yoav Mordechai said that the intended target was the home of Yahia Rabia - reportedly the head of Hamas' rocket unit. “Although I don't know the outcome, there were civilians harmed by this,” Mordechai said, as cited by Reuters.

However, several days later, the Israeli military stated that one of the Al-Dalou family – 29-year-old Gaza police officer Mohamed Jamal – was the target of the raid.

“The father was a known terror operative affiliated with the military wing of Hamas," army spokeswoman Avital Leibovich told AFP on November 27. “There was no mistake from the IDF. It's tragic when a terror operative is hiding among civilians but unfortunately it is part of Hamas and Islamic Jihad tactics.”

Adding even more controversy to the story, Leibovich later denied she had identified Muhammad al-Dalou as the target.

“What I said is that the targets we picked were not innocent civilians,” she told Maan News Agency, refusing to comment on who exactly was targeted and whether the person was killed.

The controversial raid attracted wide media attention and sparked criticism from rights organizations.

Palestinian men carry the dead bodies of children from the al-Dallu family out from the rubble after an Israeli missile struck a family home killing at least seven members of the same family in Gaza City on November 18, 2012. (AFP Photo/Mahmud Hams)

Human Rights Watch labeled the air strike as “a clear violation of the laws of war” adding that Israel provided no information to support the claim that Mohamed Al-Dalou was directly participating in hostilities. The organization urged Israel to investigate “disproportionate attacks.”

United Nations Human Rights Council also said in its annual report that Israel actions were not in line with the law.

“Even if one member of the Al-Dalou family was affiliated with an armed group, and therefore potentially a legitimate military target, an attack under the given circumstances with the large number of civilians present, would not meet the requirement of proportionality, i.e., the anticipated concrete and direct military gain from the attack would not outweigh the anticipated civilian loss,” the document says.

Israel’s MAG though justifies the IDF action, saying “the attack against the terrorists, who constituted a military target, was aimed to reduce the scope of missile and rocket launchings towards Israel.”

“The Commission found that various precautions had been taken in order to reduce the possibility of collateral damage to uninvolved civilians in the course of the attack, including the choice of ammunition used, and that the operations staff had not foreseen that as a result of the attack, collateral damage would be caused to uninvolved civilians to the extent alleged,” it stated.

The MAG’s report on the findings of its examination does not provide names of the people targeted during the deadly Gaza incident in November.

Israeli legal system provides only ‘illusion of justice’

The Al-Dalou family case is not the only one that has been dismissed by Israeli military investigators, Gisela Schmidt Martin Palestinian Centre for Human Rights (PCHR) told RT.

Since January, 14 civil cases which the PCHR had submitted on behalf the victims of the 2008-2009 armed conflict in the Gaza Strip have also been dismissed, she said.

“We are facing an ongoing impunity” for both the November 2012 offensive and for the three-week Gaza war, known as operation Cast Lead in Israel, four years ago, the expert pointed out.

“There have been a number of changes to the Israeli legal system, which have made it practically impossible for Palestinian victims to achieve any form of justice,” she stated.

In July last year, the Israeli government approved amendments to the Torts Law, which “basically exempts the State of Israel from any liability arising from any damage caused during a combat action,” Gisela Schmidt said. The definition of such a military operation in Israeli law “is extremely broad and open to a wide interpretation,” she pointed out. “It can even be the case when a soldier claims that he was in fear for his life.”

The PCHR called Israel's decision “a mockery of victims’ rights and international law.” The only way to achieve justice for Palestinian victims in the situation when “the Israeli legal system is providing an illusion of justice” is to go to the International Criminal Court in The Hague, the organization believes.

“We are calling on the Palestinian leadership to sign and ratify the Rome Statute, become a member of the ICC and ask the prosecutor to open an investigation into Israeli violations of international Human Rights and Humanitarian Law,” the rights advocate concluded.

Typical Israeli 'in-justice'

IDF closes probe into Israeli air strike that killed 21 members of Gaza family
Military prosecution says will take no legal steps against those responsible for deaths of Samouni family, killed in their home during Operation Cast Lead.

By Amira Hass
Haaretz
5/1/2012

Israel's military prosecution announced Tuesday that no legal steps will be taken against those responsible for the killing of 21 members of the Samouni family during the 2009 Operation Cast Lead in Gaza.

A letter was received by the human rights group B'Tselem from Major Dorit Tuval, Deputy Military Advocate for Operational Matters. Tuval said that the case has been closed after the investigation has found that the attack on the civilians, "who did not take part in the fighting," and their killing were not done knowingly and directly, or out of haste and negligence "in a manner that would indicate criminal responsibility.

In this Jan. 5, 2009 file photo, Palestinians carry the bodies of 

three toddlers Ahmed, Mohamed, and Issa Samouni, who were 

killed in an Israeli strike, during their funeral in Gaza City.

Photo by: AP

B'Tselem activists condemned the decision and called for an alternative investigatory body to probe such incidents.

On the morning of January 4, Givati commanders ordered the dozens of members of the extended Samouni family to leave the three-story house (the home of Talal Samouni), which they then turned into their outpost. The soldiers told them to gather in the one-story home of Wail Samouni, on the other side of the road and about 30 meters southeast. The Samounis took the fact that the soldiers themselves concentrated the family in one building, and saw that there were infants, children, women, elderly people and unarmed men, as insurance that they would not be harmed.

Despite the intense firing heard all around them that entire evening, the family's fears were mitigated by the proximity of the soldiers who had assembled them into the one home. Several of the Samouni men even left the house on Monday morning (January 5) to collect wood for a fire, hoping to bake pita and heat up tea.

They also called out to a relative who had remained in his home, a few meters east of them, and suggested he join them because their house was safe.

In conversations with Haaretz, the Samouni men explained how they felt safe due to the proximity of the IDF soldiers and due to the fact that the soldiers who gathered them in the house saw that they are all civilians.

According to testimonies given to Haaretz and Breaking the Silence by soldiers who took part in the attack, then-Givati Brigade commander Col. Ilan Malka concluded from UAV images of the house that armed Palestinians were inside.

He then ordered an aerial strike on the house, killing one person on the spot. When the casualties went back inside the house, another missile was shot on the house and 20 more people were killed, including three babies and six children between the ages of 5 to 16. Some 40 people were wounded.

Some of the casualties were trapped in the destroyed house, among the bodies, for three days, until the IDF allowed rescue services to arrive at the house and evacuate the bodies.

Attorney Yael Stein of B'Tselem said in response, "It cannot be that in a well-managed system no person will be found guilty of the army operation that led to the killing of 21 people who were not involved in combat, and resided in a structure on the instructions of the army – even if the attack was not done purposefully," she said.

"The manner in which the army rids itself of responsibility in this case… again illustrates the need for an investigatory body outside of the army."

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The use of starvation to cripple nations and their populations to the will of the global powers

Unnamed Israeli officials upon hearing the recent agreement between the U.S. and North Korea to freeze uranium enrichment for food aid, said this should be done with Iran as well. Well, what the Israelis may or may not know is, the North Koreans (DPRK) already received a 500,000 ton food-aid shipment from China along with a 250,000 tons of crude oil. 

This recent agreement with the U.S. really isn`t that significant but is curious on the part of DPRK, who may be cautiously gauging U.S. sentiment. Off course if the agreement will be implemented fully by both sides is yet to be seen as both failed to keep their ends of the bargain back in 1994 and 1997 - of The Agreed Framework, where both sides essentially blamed each other for ending the Agreed Framework. The accord was successful in the terms that it kept the DPRK to freeze plutonium production at their Yongbyon plutonium plant for 8 years in return for partial fulfillment of U.S. promises to provide two light water reactors (LWR) and heavy-oil shipments.  

Is this a surprise the U.S. wouldn`t fully keep their ends of the bargain?, which would explain why the DPRK mounted to a uranium enrichment program to achieve nuclear weapons as a deterrent to possible agression from South Korea and the U.S. 

Now back to Iran, the Israeli officials say the stifling sanctions "could lead to a grave economic situation in Iran and to a shortage of food," essentially starving the Iranian population. Oh wait, I thought starving a civilian population is illegal under the Geneva Convention and it sure it under Article 54 is but nowadays who follows it right? - it only applies to U.S. and NATO troops in 'foreign intervention missions."

The Israelis sure know about this brutal practice of starving people, which they have subjected to the population of Gaza and there are now damning documents that gives evidence to this as previously denied by Israel off course, uncovered by the International Middle East Media Center and reported in November 2010. 

And oh lets not forget that starvation was and is a tool used by the global powers to enslave nations. The perfect but unfortunate example is in Iraq, which resulted in over 500,00 children dead due to barbaric embargos imposed on Saddam Hussein and Iraq. 

What a world we live in huh?

Read Article:

No strangers to brutality: the U.S., Europe and the UN imposed sanctions
on Iraq that resulted in the death of over 500,000 children. Credit: Infowars

Israeli Officials Call for Starving Millions of Iranians
Kurt Nimmo
Infowars.com
March 1, 2012

Israeli PM Benjamin Netanyahu’s best and brightest have an idea on how to deal with Iran’s imaginary nukes – starve the Iranian people to death.

“North Korea is halting its nuclear program in order to receive aid in food, and this is what should be done with Iran as well,” an unnamed official told Ynetnews.

“Suffocating sanctions could lead to a grave economic situation in Iran and to a shortage of food,” the source explained. “This would force the regime to consider whether the nuclear adventure is worthwhile, while the Persian people have nothing to eat and may rise up as was the case in Syria, Tunisia and other Arab states.”

“The Western world led by the United States must implement stifling sanctions at this time already, rather than wait or hesitate,” the official continued. “In order to suffocate Iran economically and diplomatically and lead the regime there to a hopeless situation, this must be done now, without delay.”

Starving a civilian population is prohibited under Article 54 of the Geneva Convention.

The Israeli government honed this brutal practice in the Gaza Strip. “Documents, whose existence were denied by the Israeli government for over a year, have been released after a legal battle led by Israeli human rights group, Gisha,” the International Middle East Media Center reported in November of 2010.

   The documents reveal a deliberate policy by the Israeli government in which the dietary    
   needs for the population of Gaza are chillingly calculated, and the amounts of food let in by 
   the Israeli government measured to remain just enough to keep the population alive at a 
   near-starvation level. This documents the statement made by a number of Israeli officials 
   that they are “putting the people of Gaza on a diet”….

   The documents are even more disturbing, say human rights activists, when one considers 
   the fact that close to half of the people of Gaza are children under the age of eighteen. This 
   means that Israel has deliberately forced the undernourishment of hundreds of thousands 
   of children in direct violation of international law and the Fourth Geneva Convention.

Jason Ditz notes that blockading Iran will not produce starvation. “Iran is actually a net food exporter, and while more sanctions could make the industry less efficient and perhaps curb exports, it would not make the food Iran does grow disappear into thin air.”

“The idea that a suddenly starving populace is going to up and overthrow its government on behalf of those that are starving them, however, seems to fly in the face of the history of sanctions,” Ditz writes.

The Israelis, of course, are not alone – the United States, Europe and the United Nations used starvation in Iraq. They imposed a medieval embargo over the period of a decade and tried to starve the nation into submission. The result was over 500,000 dead children, which Clinton’s Secretary of State, Madeline Albright said was a price worth paying. Over the span of ten years, child mortality in Iraq went from one of the lowest in the world, to the highest.

Additional Readings/Sources:
Israeli Officials Call for Starving Millions of Iranians -Infowars (March 1, 2012)
Israeli Officials: Let’s Starve Iranian Civilians - Antiwar (Feb 29, 2012)
Israeli officials: Starve Iranians to stop nukes - YNet News (Feb 29, 2012)
Israeli Government Documents Show Deliberate Policy To Keep Gazans At Near-starvation Levels - IMEMC (Nov 2, 2010)
Effects of Iraq Sanctions - Global Issues (Oct 2, 2005)
Geneva Convention, Section IV (Civilian Population) 

Reopening Gaza`s Gate to the World

The Rafah border crossing with Egypt is now open and for the first time in 4 years all Gazans are free to travel

1.5 million residents of Gaza finally have a gateway to the outside world after the new interim Egyptian government lifted restrictions of the Rafah border with Gaza after 4 years. Ever since former Egyptian President Mubarak was in charge along with the insistence of Israel, Gaza was in total lock-down except for extreme medical conditions. It was in effect to drive Hamas out of power along with depriving millions of Palestinians from basic humanitarian care. (Speaking of Hamas, its such a shame upon the world powers where they insisted Hamas come into the political fold from the gun into making the group into a legitimate power. What the world powers did not bank on was the fact that the Palestinian people democratically voted Hamas into a legitimate political power. The world powers at be screamed democracy and here was a clear and just example of it; and what did the Palestinians get? They got punished for voting for Hamas).

Back to the border opening, the stringent border has led to numerous underground smuggling tunnels that brought vital supplies from Egypt into Gaza. After all, what are the Gazans supposed to do? - who`ve had a border blockade with Egypt as well as a naval blockade by Israel.

The new Egyptian foreign minster said this past Saturday (5/28/11), "the decision to close the border was shameful." His promise to open the Rafah border permanently with out the Israelis is now coming true. An agreement made 6 years old between former Egyptian President Mubarak, U.S., Israel and the EU will no longer be in effect that gave EU monitors full access to the crossing and allowed Tel Aviv to supervise/monitor security though cameras from afar. Israel watched with Egypt at the checkpoints.

Now the permanent opening of Rafah terrifies Israelis - especially weapons finding their way into hands of Gaza militants and being used against Israel.

However, this new development is a major and huge step in deflating the humanitarian crisis that will immediately and significantly improve Palestinian lives - and improving living standards will lead to a drop among those who join the militant groups. This holds true in any urban western city, where armed-gangs are prevalent mainly among socio-economic disadvantaged areas.

This is Godsend, that the current interim Egyptian government understands the will of the people and basic human rights, and not letting outside voices and puppetmasters dictate policy. Creating a new life, invigorating new spirit and hope into Gazans will affect the atmosphere from militancy/conflict into growth and prosperity.

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