<http://gush-shalom.org/>

*This Week's Message *

*HAMAS*
**
*Israel does not recognize
The Hamas government in Gaza –
But holds it responsible
For the attacks from there.

Israel does not recognize
The Hamas government in Gaza –
But demands that it
Guarantee the cease-fire there.

That is ridiculous. That is hopeless.
We must talk with Hamas.
The enemy in war is also
The partner in the cease-fire.*
*[Ad published in Haaretz, January 30, 2009]*

***********


*Uri Avnery's Column *
*Black Flag*
31/01/09
http://zope.gush-shalom.org:80/home/en/channels/avnery/1233508695/<http://zope.gush-shalom.org/home/en/channels/avnery/1233508695/>

*A SPANISH JUDGE has instituted a judicial inquiry against seven Israeli
political and military personalities on suspicion of war crimes and crimes
against humanity. The case: the 2002 dropping of a one ton bomb on the home
of Hamas leader Salah Shehade. Apart from the intended victim, 14 people,
most of them children, were killed.*
**

For those who have forgotten: the then commander of the Israeli Air Force,
Dan Halutz, was asked at the time what he feels when he drops a bomb on a
residential building. His unforgettable answer: "A slight bump to the wing."
When we in Gush Shalom accused him of a war crime, he demanded that we be
put on trial for high treason. He was joined by the Prime Minister, Ariel
Sharon, who accused us of wanting to "turn over Israeli army officers to the
enemy". The Attorney General notified us officially that he did not intend
to open an investigation against those responsible for the bombing.

I should be happy, therefore, that at long last somebody is ready to put
that action to a judicial test (even if he seems to have been thwarted by
political pressure.) But I am sorry that this has happened in Spain, not in
Israel.

ISRAELI TV VIEWERS have lately been exposed to a bizarre sight: army
officers appearing with their faces hidden, as usual for criminals when the
court prohibits their identification. Pedophiles, for example, or attackers
of old women.

On the orders of the military censors, this applies to all officers, from
battalion commanders down, who have been involved in the Gaza war. Since the
faces of brigade commanders and above are generally known, the order does
not apply to them.

Immediately after the cease-fire, the Minister of Defense, Ehud Barak,
promoted a special law that would give unlimited backing by the state to all
officers and soldiers who took part in the Gaza war and who might be accused
abroad of war crimes. This seems to confirm the Hebrew adage: "On the head
of the thief, the hat is burning".

I DO NOT object to trials abroad. The main thing is that war criminals, like
pirates, should be brought to justice. It is not so important where they are
caught. (This rule was applied by the State of Israel when it abducted Adolf
Eichmann in Argentina and hanged him in Israel for heinous crimes committed
outside the territory of Israel and, indeed, before the state even existed.)

But as an Israeli patriot, I would prefer suspected Israeli war criminals to
be put on trial in Israel. That is necessary for the country, for all decent
officers and soldiers of the Israeli army, for the education of future
generations of citizens and soldiers.

There is no need to rely on international law alone. There are Israeli laws
against war crimes. Enough to mention the immortal phrase coined by Justice
Binyamin Halevy, serving as a military judge, in the trial of the border
policemen who were responsible for the 1956 massacre in Kafr Kassem, when
dozens of children, women and men were mown down for violating a curfew
which they did not even know about.

The judge announced that even in wartime, there are orders over which flies
"the black flag of illegality". These are orders which are "manifestly"
illegal – that is to say, orders which every normal person can tell are
illegal, without having to consult a lawyer.

War criminals dishonor the army whose uniform they wear – whether they are
generals or common soldiers. As a combat soldier on the day the Israeli
Defense Army was officially created, I am ashamed of them and demand that
they be cast out and be put on trial in Israel.

My list of suspects includes politicians, soldiers, rabbis and lawyers.

THERE IS not the slightest doubt that in the Gaza war, crimes were
committed. The question is to what extent and by whom.

Example: the soldiers call on the residents of a house to leave it. A woman
and her four children come out, waving white handkerchiefs. It is absolutely
clear that they are not armed fighters. A soldier in a near-by tank stands
up, points his rifle and shoots them dead at short range. According to
testimonies that seem to be beyond doubt, this happened more than once.

Another example: the shelling of the United Nations school full of refugees,
from which there was no shooting – as admitted by the army, after the
original pretexts were disproved.

These are "simple" cases. But the spectrum of cases is far wider. A serious
judicial investigation has to start right from the top: the politicians and
senior officers who decided on the war and confirmed its plans must be
investigated about their decisions. In Nuremberg it was laid down that the
starting of a war of aggression is a crime.

An objective investigation has to find out whether the decision to start the
war was justified, or if there existed another way of stopping the launching
of rockets against Israeli territory. Without doubt, no country can or
should tolerate the bombing of its towns and villages from beyond the
border. But could this be prevented by talking with the Gaza authorities?
Was our government's decision to boycott Hamas, the winner of the democratic
Palestinian elections, the real cause of this war? Did the imposition of the
blockade on a million and a half Gaza Strip inhabitants contribute to the
launching of the Qassams? In brief: were the alternatives considered before
it was decided to start a deadly war?

The war plan included a massive attack on the civilian population of the
Strip. The real aims of a war can be understood less from the official
declarations of its initiators, than from their actions. If in this war some
1300 men, women and children were killed, the great majority of whom were
not fighters; if about 5000 people were injured, most of them children; if
some 2500 homes were partly or wholly destroyed; if the infrastructure of
life was totally demolished – all this clearly could not have happened
accidentally. It must have been a part of the war plan.

The things said during the war by politicians and officers make it clear
that the plan had at least two aims, which might be considered war crimes:
(1) To cause widespread killing and destruction, in order to "fix a price
tag". "to burn into their consciousness", "to reinforce deterrence", and
most of all – to get the population to rise up against Hamas and overthrow
their government. Clearly this affects mainly the civilian population. (2)
To avoid casualties to our army at (literally) any price by destroying any
building and killing any human being in the area into which our troops were
about to move, including destroying homes over the heads of their
inhabitants, preventing medical teams from reaching the victims, killing
people indiscriminately. In certain cases, inhabitants were warned that they
must flee, but this was mainly an alibi-action: there was nowhere to flee
to, and often fire was opened on people trying to escape.

An independent court will have to decide whether such a war-plan is in
accordance with national and international law, or whether it was ab initio
a crime against humanity and a war-crime.

This was a war of a regular army with huge capabilities against a guerrilla
force. In such a war, too, not everything is permissible. Arguments like
"The Hamas terrorists were hiding within the civilian population" and "They
used the population as human shields" may be effective as propaganda but are
irrelevant: that is true for every guerrilla war. It must be taken into
account when a decision to start such a war is being considered.

In a democratic state, the military takes its orders from the political
establishment. Good. But that does not include "manifestly" illegal orders,
over which the black flag of illegality is waving. Since the Nuremberg
trials, there is no more room for the excuse that "I was only obeying
orders".

Therefore, the personal responsibility of all involved - from the Chief of
Staff, the Front Commander and the Division Commander right down to the last
soldier - must be examined. From the statements of soldiers one must deduce
that many believed that their job was "to kill as many Arabs as possible".
Meaning: no distinction between fighters and non-fighters. That is a
completely illegal order, whether given explicitly or by a wink and a nudge.
The soldiers understood this to be "the spirit of the commander".

AMONG THOSE suspected of war crimes, the rabbis have a place of honor.

Those who incite to war crimes and call upon soldiers, directly or
indirectly, to commit war crimes may be guilty of a war crime themselves.

When one speaks of "rabbis", one thinks of old men with long white beards
and big hats, who give tongue to venerable wisdom. But the rabbis who
accompanied the troops are a very different species.

In the last decades, the state-financed religious educational system has
churned out "rabbis" who are more like medieval Christian priests than the
Jewish sages of Poland or Morocco. This system indoctrinates its pupils with
a violent tribal cult, totally ethnocentric, which sees in the whole of
world history nothing but an endless story of Jewish victimhood. This is a
religion of a Chosen People, indifferent to others, a religion without
compassion for anyone who is not Jewish, which glorifies the God-decreed
genocide described in the Biblical book of Joshua.

The products of this education are now the "rabbis" who instruct the
religious youths. With their encouragement, a systematic effort has been
made to take over the Israeli army from within. Kippa-wearing officers have
replaced the Kibbutzniks, who not so long ago were dominant in the army.
Many of the lower and middle-ranking officers now belong to this group.

The most outstanding example is the "Chief Army Rabbi", Colonel Avichai
Ronsky, who has declared that his job is to reinforce the "fighting spirit"
of the soldiers. He is a man of the extreme right, not far from the spirit
of the late Rabbi Meir Kahane, whose party was outlawed in Israel for its
fascist ideology. Under the auspices of the army rabbinate,
religious-fascist brochures of the ultra-right "rabbis" were distributed to
the soldiers.

This material includes political incitement, such as the statement that the
Jewish religion prohibits "giving up even one millimeter of Eretz Israel",
that the Palestinians, like the Biblical Philistines (from whom the name
Palestine derives), are a foreign people who invaded the country, and that
any compromise (such as indicated in the official government program) is a
mortal sin. The distribution of political propaganda violates, of course,
army law.

The rabbis openly called upon the soldiers to be cruel and merciless towards
the Arabs. To treat them mercifully, they stated, is a "terrible, awful
immorality". When such material is distributed to religious soldiers going
into war, it is easy to see why things happened the way they did.

THE PLANNERS of this war knew that the shadow of war crimes was hovering
over the planned operation. Witness: the Attorney General (whose official
title is "Legal Advisor to the Government") was a partner to the planning.
This week the Chief Army Attorney, Colonel Avichai Mandelblut, disclosed
that his officers were attached throughout the war to all the commanders,
from the Chief of Staff down to the Division Commander.

All this together leads to the inescapable conclusion that the legal
advisors bear direct responsibility for the decisions taken and implemented,
from the massacre of the civilian police recruits at their graduating
ceremony to the shelling of the UN installations. Every attorney who was a
partner to the deliberations before an order was given is responsible for
its consequences, unless he can prove that he objected to it.

The Chief Army Attorney, who is supposed to give the army professional and
objective advice, speaks about "the monstrous enemy" and tries to justify
the actions of the army by saying that it was fighting against "an unbridled
enemy, who declared that he 'loves death' and finds shelter behind the backs
of women and children". Such language is, perhaps, pardonable in a pep-talk
of a war-drunk combat commander, like the battalion chief who ordered his
soldiers to commit suicide rather than be captured, but totally unacceptable
when it comes from the chief legal officer of the army.

WE MUST pursue all the legal processes in Israel and call for an independent
investigation and the indictment of suspected perpetrators. We must demand
this even if the chances of it happening are slim indeed.

If these efforts fail, nobody will be able to object to trials abroad,
either in an international court or in the courts of those nations that
respect human rights and international law.

Until then, the black flag will still be waving.

++++++
*Were chickens firing rockets? By Sameh A. Habeeb*
http://electronicintifada.net/v2/article10258.shtml
If this question was directed to the Israeli army their response would be
swift and predictable. They would likely contend that "rockets" were being
fired from the farms, or that there were Palestinian resistance fighters in
the area. However, unless the Israeli army is prepared to claim that these
chickens were resistance fighters or were firing rockets nothing can explain
why the self-proclaimed "world's most moral army" would engage in the
wholesale slaughter of civilians and chickens alike.

*Karin Friedemann: The Emotional Abuse of Israel Advocacy*
http://karinfriedemann.blogspot.com/2009/02/emotional-abuse-of-israel-advocacy.html
Gideon Levy a Ha'aretz newspaper reporter recently asked: "If Israelis were
so sure of the rightness of their cause, why the violent intolerance they
display toward everyone who tries to make a different case?"

*'Resistance brought Israel to its knees'*
http://www.presstv.ir/detail.aspx?id=84460&sectionid=351020202
Hamas political chief Khaled Mashaal says that the resistance of the
Palestinians brought Israel to its knees in the Gaza Strip.
Israel failed to topple the democratically-elected government of Hamas and
was unsuccessful in achieving any of its other objectives, Mashaal told
students at the University of Tehran Monday.

*The Calculus of Death: Israel and the Bomb By Rabin*
http://counterpunch.org/rabin01302009.html
Can Israel be trusted with the nuclear bombs it steadfastly refuses to admit
owning? On the evidence of events in Gaza, I think not. Here's why.

*Kuwait decides not to give Gaza money to Abbas's team
*http://www.palestine-info.co.uk
Kuwaiti emir Sheikh Subah Al-Ahmad Al-Subah has officially announced Sunday
that his government will send the money allocated for Gaza Strip to the Arab
Development Fund instead of sending it to the PA in Ramallah city.

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