![]() |
|
![]() Subscribe to MONTHLY REVIEW! MONTHLY REVIEW ONLINE ARCHIVE for Subscribers IN LABOR'S CORNER RSS CAMPAIGN AGAINST SANCTIONS AND MILITARY INTERVENTION IN IRAN THE FOLLY OF ATTACKING IRAN![]() THE ALTERNATIVE INFORMATION CENTER NEWS FROM WITHIN PALESTINE / ISRAEL PODCAST ![]() THE ELECTRONIC INTIFADA ![]() JOIN THE NEW SDS ![]() ADD YOURSELF TO OUR FRAPPR - - - - - - - - - - - - - SUBSCRIBE SEARCH SERENDIPITY - - - - - - - - - - - - - AUTHOR - - - - - - - - - - - - - DATE - - - - - - - - - - - - - SUBJECT - - - - - - - - - - - - - |
04.04.09
Buying at the MR STORE Supports MONTHLY REVIEW! ![]() LAW AND THE RISE OF CAPITALISM by Michael E. Tigar READ EXCERPT BUY THIS BOOK TOWARD AN OPEN TOMB: The Crisis of Israeli Society by Michel Warschawski BUY THIS BOOK EASTERN CAULDRON: Islam, Afghanistan, Palestine, and Iraq in a Marxist Mirror by Gilbert Achcar BUY THIS BOOK ![]() INSIDE LEBANON: Journey to a Shattered Land with Noam and Carol Chomsky (Ed. Assaf Kfoury) BUY THIS BOOK ![]() THE LIBERAL VIRUS: Permanent War and the Americanization of the World by Samir Amin BUY THIS BOOK ![]() IMPERIALISM WITHOUT COLONIES by Harry Magdoff BUY THIS BOOK UNDERSTANDING THE VENEZUELAN REVOLUTION: Hugo Chavez Talks to Marta Harnecker by Hugo Chavez and Marta Harnecker (translated by Chesa Boudin) BUY THIS BOOK
Israel on Trial
by George Bisharat Chilling testimony by Israeli soldiers substantiates charges that Israel's Gaza Strip assault entailed grave violations of international law. The emergence of a predominantly right-wing, nationalist government in Israel suggests that there may be more violations to come. Hamas's indiscriminate rocket attacks on Israeli civilians also constituted war crimes, but do not excuse Israel's transgressions. While Israel disputes some of the soldiers' accounts, the evidence suggests that Israel committed the following six offenses:
Israeli fire destroyed or damaged mosques, hospitals, factories, schools, a key sewage plant, institutions like the parliament, the main ministries, the central prison and police stations, and thousands of houses.
International law authorizes killings of civilians if the objective of the attack is military, and the means are proportional to the advantage gained. Yet proportionality is irrelevant if the targets of attack were not military to begin with. Gaza government employees -- traffic policemen, court clerks, secretaries and others -- are not combatants merely because Israel considers Hamas, the governing party, a terrorist organization. Many countries do not regard violence against foreign military occupation as terrorism. Of 1,434 Palestinians killed in the Gaza invasion, 960 were civilians, including 121 women and 288 children, according to a United Nations special rapporteur, Richard Falk. Israeli military lawyers instructed army commanders that Palestinians who remained in a targeted building after having been warned to leave were "voluntary human shields," and thus combatants. Israeli gunners "knocked on roofs" -- that is, fired first at corners of buildings, before hitting more vulnerable points -- to "warn" Palestinian residents to flee. With nearly all exits from the densely populated Gaza Strip blocked by Israel, and chaos reigning within it, this was a particularly cruel flaunting of international law. Willful killings of civilians that are not required by military necessity are grave breaches of the Geneva Conventions, and are considered war crimes under the Nuremberg principles.
Israeli political and military personnel who planned, ordered or executed these possible offenses should face criminal prosecution. The appointment of Richard Goldstone, the former war crimes prosecutor from South Africa, to head a fact-finding team into possible war crimes by both parties to the Gaza conflict is an important step in the right direction. The stature of international law is diminished when a nation violates it with impunity. George Bisharat is a professor at the University of California Hastings College of the Law. This article was first published by the New York Times on 4 April 2009. It is reproduced here with the author's permission, thanks to the Institute for Middle East Understanding. |