Eyewitness Gaza - Students break the siege on Gaza to deliver humanitarian aid

Israel's Policy is Perfectly "Proportionate" -- Hamas are the real war criminals in this conflict

By Alan Dershowitz (WSJ, 2 January 2009)

Israel's actions in Gaza are justified under international law, and Israel should be commended for its self-defense against terrorism. Article 51 of the United Nations Charter reserves to every nation the right to engage in self-defense against armed attacks. The only limitation international law places on a democracy is that its actions must satisfy the principle of proportionality.

Since Israel ended its occupation of Gaza, Hamas has fired thousands of rockets designed to kill civilians into southern Israel. The residents of Sderot -- which have borne the brunt of the attacks -- have approximately 15 seconds from launch time to run into a shelter. Although deliberately targeting civilians is a war crime, terrorists firing at Sderot are so proud of their actions that they sign their weapons.

When Barack Obama visited Sderot this summer and saw the remnants of these rockets, he reacted by saying that if his two daughters were exposed to rocket attacks in their home, he would do everything in his power to stop such attacks. He understands how the terrorists exploit the morality of democracies.

In a recent incident related to me by the former head of the Israeli air force, Israeli intelligence learned that a family's house in Gaza was being used to manufacture rockets. The Israeli military gave the residents 30 minutes to leave. Instead, the owner called Hamas, which sent mothers carrying babies to the house.

Hamas knew that Israel would never fire at a home with civilians in it. They also knew that if Israeli authorities did not learn there were civilians in the house and fired on it, Hamas would win a public relations victory by displaying the dead. Israel held its fire. The Hamas rockets that were protected by the human shields were then used against Israeli civilians.

These despicable tactics -- targeting Israeli civilians while hiding behind Palestinian civilians -- can only work against moral democracies that care deeply about minimizing civilian casualties. They never work against amoral nations such as Russia, whose military has few inhibitions against killing civilians among whom enemy combatants are hiding.

The claim that Israel has violated the principle of proportionality -- by killing more Hamas terrorists than the number of Israeli civilians killed by Hamas rockets -- is absurd. First, there is no legal equivalence between the deliberate killing of innocent civilians and the deliberate killings of Hamas combatants. Under the laws of war, any number of combatants can be killed to prevent the killing of even one innocent civilian.

Second, proportionality is not measured by the number of civilians actually killed, but rather by the risk posed. This is illustrated by what happened on Tuesday, when a Hamas rocket hit a kindergarten in Beer Sheva, though no students were there at the time. Under international law, Israel is not required to allow Hamas to play Russian roulette with its children's lives.

While Israel installs warning systems and builds shelters, Hamas refuses to do so, precisely because it wants to maximize the number of Palestinian civilians inadvertently killed by Israel's military actions. Hamas knows from experience that even a small number of innocent Palestinian civilians killed inadvertently will result in bitter condemnation of Israel by many in the international community.

Israel understands this as well. It goes to enormous lengths to reduce the number of civilian casualties -- even to the point of foregoing legitimate targets that are too close to civilians.

Until the world recognizes that Hamas is committing three war crimes -- targeting Israeli civilians, using Palestinian civilians as human shields, and seeking the destruction of a member state of the United Nations -- and that Israel is acting in self-defense and out of military necessity, the conflict will continue.

'Since Israel ended its occupation of Gaza' is the first of many myths and mistruths in the above reply.

Israel never ended its occupation, it withdrew its illegal settlers (and placed them instead in the West Bank) and its soldiers. Then it built a wall around Gaza and maintained control of the air, sea and land. No one entered or left without Israel's permission. Gaza had been turned into a huge prison.

Myth number 2: Israel has for many years suffered from thousands of missiles fired from Gaza:

The Truth: The first homemade Qassam missile was fired
across the Israeli border in October 2001; the first fatality occurred in March 2007.
Up to November 2008 13 Israelis were killed by
Qassam rockets. By contrast, between September 2000 and the end of November 2008 nearly 5000 Palestinians were killed, more than half of them in Gaza. The rockets
have in the last year reached more distant targets, but in military terms they are ineffectual, compared to the fire-power of the US F-16s, Apache helicopter gunships, Merkava tanks and naval gunships.

Myth: Israel always tries to minimise civilian
casualties — it is targeting only Hamas.

The truth: Israel has the most technically advanced weaponry in the world, with the exception of the US. Its computerised drone planes send back extremely detailed information about every square foot of the Gaza Strip. And yet hundreds of civilians have
been killed and wounded, with the one power plant, ambulances, schools and hospitals being hit.

Myth: Any nation faced with missile or bomb
attacks would respond with massive fire
power.

The truth: For years Britain experienced terrorist attacksby the IRA, with many more fatalities than Israel has suffered. It never resorted to bombing civilian targets and infrastructure, but succeeded through patient negotiation

Sarah you are a true hero, you have seen what you are talking about which is more than most of these myopic zionists who write in have.
Well done and long live the struggle against apartheid.

Myth: 'Under the laws of war, any number of combatants can be killed to prevent the killing of even one innocent civilian'.

But not the other way around - as occured in the massacre in Gaza when over three hundred children were killed.
Can any number of cilvilians be killed (women and children included) inorder to kill a few dozen lightly armed militants?

January 21, 2009 by Gilead Ini

Hamas's Palestinian Victims: Human Shields

As the media broadcast and discuss images of destruction in the Gaza Strip, it is essential that they recall, and alert the public to, the context within which those images exist — most narrowly, that during the fighting Hamas launched attacks against Israel from crowded and built up civilian areas.

By basing its leaders, fighters and rocket launchers near or inside homes, mosques and schools, Hamas chose to put its neighbors in the line of fire, and invited destruction that, even with today's most advanced guided weapons and with unprecedented attempts to reduce civilian casualties, is an inevitable result of contemporary urban warfare.

Some media reports have referred to the mingling of Hamas fighters among civilians as merely an Israeli claim. One unsigned report by the Associated Press, for example, reported that "Israel says Hamas militants are launching rockets from civilian areas and using non-combatants as human shields" (emphasis added; AP, "Israel denies attack on clan members in Gaza town," Jan. 10, 2009).

This is a partial and misleading truth. In fact, it is not only Israel but also independent journalists and Palestinian witness who have attested to Hamas's self-serving and illegal tactic.

To be sure, Israeli officials and soldiers have drawn attention to the issue. Gabriela Shalev, the Israeli ambassador to the United Nations, said on Jan. 14, 2009 that "Hamas and terrorists like it ... view civilians not as a population to be avoided in an armed conflict but as a population to be exploited in an armed conflict." Israeli soldiers have told reporters of discovering schools rigged with explosives and homes serving as weapons depots, and intelligence officers have noted that some Hamas leaders took shelter in a hospital basement. Maps seized during the military operation provide other examples of the organization's intentional mixing of weapons and civilians.

There is also video evidence from IDF aircraft showing Hamas rocket activity from a schoolyard and just outside of schools, secondary explosions caused by weaponry stored in mosques, and military attacks from Palestinian homes.

While the videos linked to above and numerous other similar clips released by Israel provide incontrovertible evidence of Hamas locating military objectives within and near densely populated areas, they do originate from Israeli sources. Still, to report only that "Israel says" Hamas bases itself among civilians amounts to error of omission.

Shireen Shihab, for example, is not an Israeli. She is a Palestinian resident of Gaza City who told the New York Times she saw Hamas fighters launching rockets from her neighborhood. Jabaliya resident Ibrahim Amen told reporters he saw a commander of the Hamas military wing near a UN school just before the school was damaged by Israeli mortar fire. More strikingly, the 16-year-old Amen said he was recruited to the area of the school to build positions for Palestinian fighters. Two other Palestinians witnessed "a small group of militants firing mortar rounds from a street near the school," according to the AP. (This is the same AP that later asserted only that "Israel says" rockets are being fired from civilian areas in Gaza.) Palestinian Hanan Abu Khajib saw the same thing. Talal Safadi relayed that "resistance fighters were firing from positions all around the [al Quds] hospital." Mohammed Sadala's Beit Lahia home was destroyed because Hamas fighters broke into the empty house and used it to fire at Israeli troops, he told a reporter. His neighbor, Hail, pointed out that Hamas and Islamic Jihad fighters used his house, kept weaponry their, and even left wires leading from his home to a neighbors house, which appeared to have been booby trapped. Mohammed Shriteh, a Palestinian ambulance driver, says he was ordered at gunpoint to transport Hamas fighters in his ambulance. A Palestinian reporter in Gaza was caught on tape amused that Hamas had apparently just fired a Grad rocket from under the building from which she was broadcasting.

A Western reporter described a Qassam rocket being fired in the Nuseirat refugee camp from "smack in the middle of the four buildings, where every apartment was full, most of them with newly made refugees," and a camouflaged tunnel of the type used by Hamas in a residential neighborhood in Jabaliya. (The tunnel was seen only a few yards away from a Palestinian woman who told the reporter that there were no such tunnels.)

The United Nations' top humanitarian official, John Holmes, protested this "reckless and cynical use of civilian installations by Hamas," calling it, and Hamas's attacks on Israeli civilians, "clear violations of international humanitarian law."
Because Hamas's use of civilian areas to attack Israel is well documented, journalists who relay this as an Israeli claim effectively mislead the public. It would be more honest to report, as fact, that "many purely civilian neighborhoods aren't safe because Gaza militants often fire rockets from such areas," as did the Los Angeles Times; or that Hamas puts civilians at risk "by storing weapons among them, including in mosques, schools and allegedly hospitals, too, making them potential military targets," as did the New York Times.

Journalists who witnessed, or found witnesses willing to talk (a number of Palestinian witnesses told reporters that they wished to remain anonymous because they feared "reprisal" by Hamas), about Hamas's use — or more aptly, abuse — of Palestinian civilians despite extremely difficult reporting conditions should be commended. Thanks to their work, and to Israel's video footage, there is no reason at all for responsible media outlets to pretend that Hamas's disturbing practice is just an Israeli claim. News consumers deserve to be told all the relevant facts when they hear about civilian casualties and damage to civilian areas in Gaza.

Updated Jan. 28, 2009

UPDATE, March 27, 2009: The IDF has released its official accounting of Gaza fatalities. According to the report, 709 out of 1004 fatalities whose status is known have been identified as militants. The other 295 who have been identified consisted of 89 children under the age of 16, 49 women and 157 civilian adult males. A further 162 fatalities are unclassified. These figures are sharply at odds with those provided by PCHR and other Palestinian sources.

Andrew, surely your way of thinking is that Jewish life is more important than Palestinian, is that not the case?
Have you ever met a Palestinian or even had a conversation with a Palestinian?

You still haven't answered my question about whether the Jewish people is entitled to any square footage on this planet to call their own free from persecution.

And no, that is not true. I would prefer no deaths at all. I am the first person to hope for peace and co-existence in the Middle East. But if the choice is my life or the life of terrorist then I choose my own every time. And if that terrorist is using human shields to perpetrate his atrocities then it is not me but the terrorist who is to blame for the collateral damage.

Think I have my blog sites crossed here.... feel like it's the Guardian on a bad day. So much for moderation.

Precisely, Michelle.

'IDF official accounting of Gaza fatalities' (obviously true!) It's funny how the IDF's figures differ from every other single agency's including other Israeli. Not one single internationally recognised agency from Amnesty through to B'tslem concurs with the IDF's figures. NOT ONE

The Truth: Between 27 December 2008 and 18 January 2009, the Israeli military carried out an attack on the Gaza Strip named Operation Cast Lead. The magnitude of the harm to the population was unprecedented: 1,385 Palestinians were killed, 762 of whom did not take part in the hostilities. Of these, 60 SIXTY were under 6 years old, (UNDER SIX YEARS OLD) 119 were under 11, (UNDER 11 YEARS OLD) 290 wwere under 17, 318 were minors under age 18. 113 people over the age of 50 were killed.
More than 5,300 Palestinians were wounded, of them over 350 seriously so. Israel also caused enormous damage to residential dwellings, industrial buildings, agriculture and infrastructure for electricity, sanitation, water, and health, which was on the verge of collapse prior to the operation. According to UN figures, Israel destroyed more than 3,500 residential dwellings and 20,000 people were left homeless.

One year after the operation began, extensive areas in the Gaza Strip have yet to be rebuilt. Israel’s sweeping prohibition on the entry of construction materials prevents the rebuilding of houses that were destroyed and damaged, and more than 20,000 persons continue to live in overcrowded conditions in rented apartments, with relatives, or in tent camps. The prohibition also prevents rehabilitation of the infrastructure that was damaged: 90 percent of Gazans suffer electricity black-outs for four to eight hours a day, a result of the damage to infrastructure and of the severe shortage of industrial fuel. Some ten thousand Palestinians in the northern section of the Gaza Strip have no access to running water, and 80 million liters of raw and partially-treated sewage flows daily into open areas. The health system is unable to function properly due to the lack of medical equipment, and seriously ill patients have difficulty receiving necessary medical treatment.

Andrew, Of course the Jewish people are entitled to land to their own square footage away from persecution. I live here in the UK and own my own house, I presume you do as well! Jews should be able to do the same on the land where Israel/Palestine is now, but so should the Palestinians. I think it should be one country for Jews and Palestinians.
Now could I possibly ask you to answer my question?

Ah, the One State solution. Absolutely the negation of Jewish self-determination. And stop badgering us with that same question, as you have done to me, JH, and Andrew - you obviously think you are on a higher moral plane than we "ghetto Jews" (as you've characterised Zionists); you are implying we are racist. I believe in a Palestinian State - and a Jewish State.

Yes but have you ever met a Palestinian Yvette? Look just say you haven't if that is the case and then I'll know for sure that you don't know what you are talking about.

So let's just clarify something?

We all own houses in England and were most likely born here, grew up here, went to school etc.
Yet we are entitled to live in Israel. Yet a person of Palestinian origin who was born in Palestine or whose parents were expelled from Palestine has less rights than us and cannot return to live in Israel.

The Palestinians are effectively imprisoned behind walls and occupied and have recieved no compensation for the land and property that was stolen from them, because they are Palestinian. That is apartheid. Pure and simple.

Yesterday I had the pleasure of meeting several women from Gaza whose children are being treated in hospital in Israel. Is that the type of thing that happens in an apartheid state? More about that in a blog post later.
Meanwhile, in Gaza and any future Palestinian state, will Jews be welcome? No, it will be judenrein. and that seems to be perfectly acceptable to everyone. As a Jew, I can't - by law - be a Jordanian citizen. Is that racist law a problem for activists like you who have only hatred for Israel? Not that I've noticed.

Yes Sarsh Gold is absolutely right. It is totally bonkers that we Jews who have comfortable lives all over the planet have the right to an Israeli passport whereas that country doesn't even give a penny to the victims of the Nakba of 1948.
I would dearly love to give my right of "return", which as far as I am concerned is all based on fairy tales from the past to a Palestinian whose homes were taken off them, and unlike me has a real claim to this land.

I

tomeisner2:
"Yes but have you ever met a Palestinian Yvette? Look just say you haven't if that is the case and then I'll know for sure that you don't know what you are talking about."

I think its you who don't know what you are talking about, if you think meeting a so-called "palestinian" can change anything.

[There never was such a thing as a 'palestinian', although there WAS "Palestine". The British were here before us, and the Turks before them. Western Bank Arabs are ex-Jordanian - but King Hussein refused to take them back! - and Gaza Arabs are ex-Egyptian, and Saadat refused to take them back into Egyptian territory. And since we got into these places because they declared war on us in 1967 - and I'm sorry, but we won - we are in these places by right, and left Gaza only because of sharon's criminal behaviour.]

Anyway, my point. mr. tomeisner2, is that I have spoken to quite a few of these Arabs whom you call 'palestinians'. During 4 separate spells of Intifadah IDF reserve duty, I served both in Judea/Samaria and in the Gaza area. I spoke to local residents when I could. The average Arab citizen can't stand the dictatorial stance of his self-appointed, forced-upon-him 'leaders', he just wants to feed his family and live quietly. And if under Israeli rule his financial position can improve, he'd prefer it that way by far. Naturally, people prefer to be independant of foreign rule, but these people deem day-to-day living as more important.

So, tomeisner2, kindly stop this "Yes but have you ever met a Palestinian Yvette?" condescention - it's just a demagogic smoke-screen when you don't have specific arguments.

And for the record, I have spoken with lots of Arabs (including Palestinians), some of whom via Hadassah Hospital as well as some who are related to me (yes, its true).

And Tom, also for the record your answer to my question is no. Jews do not have the right of self-determination, not even on one square foot of land anywhere.

Unfortunately, there is nothing to bridge the gap between our views. I (and 99.99% of the Jewish community) will never agree to be wiped out of existence, living as a nomadic minority with no homeland. So we will just have to leave it. At least it is clear to all what your position is.

As for "reimbursing" Arabs who were allegedly expelled from their land, I have seen any reimbursement for any of the Jews expelled from Arab lands. I am all for as part of a peace settlement having the UN establish a fund for Jews and Arabs to be reimbursed for their perceived losses.

Avraham Reiss

So you can represent the views of 'Palestinians' as you spoke to a couple?

You claim, 'And if under Israeli rule his financial position can improve, he'd prefer it that way by far' -

Do you really think the economy of the occupied Territories has improved due to checkpoints that restrict free movement and the economic blockade that has prevented Gazan citizens from importing cement to rebuild their homes destroyed by Israel in January 2009 war? As Sara Roy has demonstrated the 'de-development' of the Palestinian economy has been a hallmark of the Israeli occupation

Marian Lebor

read Saree Makdisi's 'Palestine Inside Out' and look at the testimonies of Palestinians that increasingly face difficulties in entering Israel, or Egypt for routine operations, its an absolute nightmare for many. They are unable to get the paperwork and navigate the maze of checkpoints which are routinely closed for 'security' reasons that are Israeli controlled and mean that many Palestinians are denied or face great difficulties in accessing basic medical care

Look the whole situation in Greater Israel is so racist. If you are born Jewish you are ok. Born Palestinian second class citizen everything is against you- problem is babies have no choice how they are born.
That is real racism isn't it?

ibrows

I didn't comment on the situation at the checkpoints.

I asked why a judenrein Gaza, or future state of Palestine, does not excite any comment about it being a racist or indeed an apartheid entity.

Yet it is ever more acceptable to describe Israel as an apartheid state despite the fact that there are Arab citizens and Arab MKs, and despite the fact that Palestinians (as well as Israel's Arab citizens) are doctors, nurses and patients in Israeli hospitals.

Was this the case for black South Africans?

Apartheid in South Africa meant total separation -including separate toilets, buses, park benches - for blacks and whites.

And I repeat what I have written previously - strident negative comments about Israel that contain not the slightest acknowledgement of the suffering on both sides of this conflict - are not helpful to those of us who are striving for a just peace over here in Israel.