West Bank villagers pushed away from their valley

Dr. Marcy Newman, The Electronic Intifada, 17 March 2009

The village of Aqraba.

The West Bank village of Aqraba sits nested in the Jordan Valley, approximately 20 kilometers southeast of Nablus and around 50 kilometers east of Israel's wall that separates Palestinians in what is now considered Israel from those who reside in the West Bank. It is close enough to the Jordanian border that Palestinian cell phones roam here as if one were in Jordan.

There are 9,000 persons who live in this village, most of whom live on the top of the mountain, but these families have not always resided there. In 1968, shortly after Israel occupied the West Bank and Gaza Strip, when 400,000 Palestinians became refugees, many for the second time, hundreds of Palestinians from Aqraba fled to Jordan. Villagers fled upon hearing accounts of massacres in nearby villages, as happened in 1947-48, during which at least 700,000 Palestinians were forced from their homeland in a period referred to as the Nakba, or catastrophe. Historically the families of this village farmed and worked as shepherds, using the land stretching all the way to the Jordan River. But since 1967, Israeli occupation forces have continuously pushed families up towards the valley, a good 20 to 30 kilometers away from lands that used to belong to them. At first this forced removal was because the land was confiscated for a military training area. Then in 1973, part of that land was converted into the colony of Gitit on the mountain above Aqraba's valley.

From the beginning the Israeli military and illegal settlers alike used force to make room for more colonies in the area. Abu al-Aez recalled his family's flight in 1974 from the valley to the center of Aqraba on the mountain after the occupying Israeli army launched a rocket that hit their home: "Thirty dunums of land were stolen from us and now the settlers plant grapes there."

According to official reports, last week the Israeli army issued orders to demolish six homes, their adjoining barns, one elementary school, and a mosque in the valley of Aqraba. However, families there say they suspect that up to 20 houses will be destroyed. On 26 March they are scheduled to have a hearing in an Israeli colonial court in Beit El, a settlement close to al-Bireh, to challenge this decision.

The roads leading down into the valley where the buildings slated for demolition lie are in Area C, while the part of the village on the mountain remains in Area B. Under the Oslo Accords the West Bank was divided into Areas A, B and C, referring to urban areas, built-up villages and rural areas respectively. Under this agreement the Palestinian Authority technically controls civilian life, including security; in contradistinction Area C is entirely controlled by Israeli occupation forces. One can tell the difference as one drives into the valley and the road changes from the paved road to a dirt road (though much of the paved road, like the electricity, was only installed two years ago). The Palestinian Authority exercises limited autonomy in Area B, while Area C -- comprising 59 percent of the West Bank -- is subjected to Israeli military administration. On one of the main dirt roads running through the agricultural land at the bottom of the valley -- a road that was created by the occupying Israeli army -- there are stones that have recently been marked with red spray paint. Villagers believe this indicates that their homes will be demolished in order to create a Jewish-only road connecting the surrounding, illegal Israeli colonies of Gitit, Itamar, Yitzhar and Hamra.

Like many villages in the West Bank surrounded by illegal Israeli colonies, the areas of Aqraba are invaded by Israeli forces daily and Israeli settlers regularly. Between 1975 and 1982 shepherds were regularly arrested by the Israeli army. Their sheep were confiscated while the shepherds were in prison and they were forced to pay 10 Jordanian dinars per sheep to get them back upon their release. Since the second Palestinian intifada broke out in September 2000, at least one shepherd per year has been murdered by Israeli settlers. Most famously, in September 2008, Yahia Ateya Fahmi Bani Maneya, an 18-year-old shepherd, was murdered by settlers. These daily threats since 1967 have meant that numerous families who own land in the valley for grazing their animals and growing food -- fava beans, lentils and wheat -- have sold their livestock and moved to the part of Aqraba at the top of the mountain. Those who have moved, but who have tried to continue to tend to their land, have been prevented from doing so by the Israeli army.

Driving into the valley, one notices that there are still shepherds out with their sheep grazing the land. The village itself is 250 years old, although all of the original homes are more than a hundred years old. As families have expanded they added onto the original structures, which they still use. The history of these families on the land can be traced as these homes are built next to the caves that their families inhabited with their sheep generations ago, prior to building homes. The elementary school and the mosque are newer, but these buildings, like the homes, are all slated for destruction in this latest episode of ethnic cleansing, which will affect the 200 people residing in this valley for generations. These are the remaining families who have not fled to Jordan nor to the center of Aqraba.

Two young girls, Lubna and Maram, of the Anas family.

Every family in Aqraba has a similar story to tell: of relatives fleeing in 1967 to Jordan, of relatives fleeing to Aqraba's center and leaving their agrarian way of life, of the looming dispossession. Like many of the families from Aqraba, Fatima and Maher Anas trace their families back for generations and their migration from cave to home, part of which was built more than 200 years ago. Like many other families, much of their livelihood has been destroyed by Israeli army bulldozers that destroyed all of their wheat last year. Many of their relatives fled to Zarqa refugee camp in Jordan, joining the fate of other Aqraba families.

Reflecting on what will happen if the remaining part of her family is turned into internally displaced refugees, Fatima explained, "If they destroy our houses they will destroy our crops and our ability to make food. If we cannot plant food any longer, what will happen to our livelihood?"

Fatima's brother, Yusef, has already faced this fate. Across the way from the mosque scheduled to be demolished is the foundation is Yusef Nasrallah's home. He started building it last year only to be ordered to stop by the Israeli army. Like many before him, Yusef sold his sheep and moved to Aqraba's center where he has been unable to find work.

To be sure, this latest phase in the ethnic cleansing of Aqraba is not unique to the West Bank nor to the part of historic Palestine that is now considered Israel. This week saw the destruction of two Palestinian homes and 100 olive trees in the Negev town of Beer Seba, now given the Hebraized name of Beersheva. In the West Bank, from Qalqiliya to Hebron to East Jerusalem, families await the status of the orders for their homes to be demolished. But while there is a great deal of attention paid to the impending destruction of Palestinian homes in East Jerusalem, there is little if any media attention or support for families in small villages like Aqraba. In the East Jerusalem neighborhood of Silwan, Palestinians flock to the demonstration tent set up to show solidarity, but there has been no such solidarity presence in Aqraba. Israel's colonial divide-and-rule policy continues to fragment the people in ways that separate them physically by its system of checkpoints and permits. But this is not about the occupation of the West Bank. Indeed, these same methods were used to confiscate large land tracts during the 1948 catastrophe. It is an ongoing Nakba that requires learning the lessons of history by not submitting to the divisions imposed by the colonial regime.

All images by Dr. Marcy Newman.

Dr. Marcy Newman is Associate Professor of English at An Najah National University in Nablus, Palestine. Her writing may be found at bodyontheline.wordpress.com.

After ceasefire, Gazans still don't feel safe

Report, PCHR, 10 February 2009

Faten, holding her young daughter Nagham, in their home in Rafah. (Malian)

Foreign correspondents and camera crews have now begun to leave Gaza, in search of the next headline-grabbing location. But ongoing air strikes and violations of international law are a stark reminder that there is no real end to Israel's offensive here.

Since Israel declared a unilateral ceasefire on 18 January it has continued to launch strikes against targets in the Gaza Strip. Some families in the southern town of Rafah have been evacuated from their homes up to 10 times in the last 15 days.

Faten al-Shaer, a 31-year-old mother of one, lives just 150 meters from Gaza's southern border with Egypt. This area, known as the Philadelphi Route has been repeatedly targeted and is now a mass of rubble, sand and bomb craters. Her home is one of the few left standing here, surrounded by the grey concrete remains of homes, and the shreds of tarpaulin that once covered smuggling tunnels.

"I was baking bread when the bombing of the border area began on 28 December," says Faten. "Thousands of people took to the streets, trying to escape. Everybody was on the move. My mother, my five-year-old daughter Nagham and I ran to my uncle's house, which is further from the border." Other family members were scattered at the homes of relatives.

"During the war there was daily bombing of this area -- sometimes in the morning, sometimes at midnight," says Faten. "It went on for 22 days. When the ceasefire was declared we came back to the house but had to evacuate it again the next day because they started bombing again."

Faten and the 35 members of her extended family have still not spent the night at their home. They come back during the day but always leave before darkness falls.

"The children are suffering real trauma," Faten adds, as her green-eyed daughter Nagham clings to her. "Some of them are incontinent and they wake up in the night and start crying. My daughter Nagham has to hold onto me all the time. They understand it's a war."

The impact of the air strikes and incursions on the children of the Gaza Strip has been acute. Faten's seven-year-old nephew Dia was in school a few days ago, when he heard an unmanned Israeli drone in the sky. He automatically picked up his schoolbag and ran home, crying "The drones are still over my head. I can't take it anymore."

Gaza's 1.5 million people are still being denied their rights to appropriate living conditions and humanitarian aid is still not reaching many people in need. Families like Faten's who are not registered as refugees have not received any aid at all.

One of their only sources of income -- a small patch of land where Faten's brother grew vegetables -- was bulldozed by the Israeli military a few years ago. Since then they have had to rely on help from relatives in an already beleaguered community. Border closures imposed by Israel since June 2007, have steadily tightened and continue to have a disastrous impact on the economy.

"The international community should intervene," says Faten. "I just hope they can reach some sort of solution. If the borders were opened for food and fuel then we wouldn't need the tunnels. It is Israel's closure policy that has created a need for the tunnels."

The Israeli-imposed siege has also resulted in a steady deterioration of health conditions. There are chronic shortages of vital medicines and hospital facilities that rely on electricity have been adversely affected by the lack of fuel to power generators.

The psychological cost of the air strikes cannot be underestimated. The bombs that Israeli warplanes are still dropping on Rafah and other parts of Gaza cause huge explosions and earth tremors and lead to sustained feelings of panic and fear among local residents, especially the elderly and children. Civilians often receive automated telephone messages before attacks, urging them to evacuate their houses near the border. But Gaza is densely populated and civilian structures including schools and hospitals sheltering displaced people, have been attacked. People feel there are no safe places left.

The Palestinian Centre for Human Rights is calling upon the High Contracting Parties to the Fourth Geneva Convention to take effective steps to ensure Israel's respect of the Convention in the Occupied Palestinian Territories and to provide immediate protection for civilians like Faten and her family.

"We never feel safe," adds Faten. "We know Israel will bomb again. We just hope there will be a proper ceasefire so we can come back to our homes and start to rebuild what is left."

This report is part of the Palestinian Centre for Human Rights' series "Aftermath" that looks at the aftermath of Israel's 22-day offensive on the Gaza Strip, and the ongoing impact it is having on the civilian population.

Gaza 2009: Culture of resistance vs. defeat

Dr. Haidar Eid, The Electronic Intifada, 11 February 2009

Can the brutal 22-day Israeli war on the Gaza Strip be considered a victory for the Palestinian people? (Matthew Cassel)

The ongoing bloodletting in the Gaza Strip and the ability of the Palestinian people to creatively resist the might of the world's fourth strongest army is being hotly debated by Palestinian political forces. The latest genocidal war which lasted 22 days, and in which apartheid Israel used F-16s, Apache helicopters, Merkava tanks and conventional and non-conventional weapons against the population, have raised many serious questions about the concept of resistance and whether the outcome of the war can, or cannot, be considered a victory for the Palestinian people. The same kind of questions were raised in 2006 when apartheid Israel launched its war against the Lebanese people and brutally killed more than 1,200 Lebanese.

At the beginning of the Gaza war, we were told by certain sectors of the Palestinian political leadership that "the two sides are to blame: Hamas and Israel" and that "Hamas must stop the launching of the rockets from Gaza." Resistance in all its forms, violent and otherwise, was considered, by these same people, "futile." Now that there are fewer bombs raining down on Gaza, the conflict focuses on whether the outcome of the war was one of victory or defeat. For the Israeli ruling class the answer is clear -- in spite of the fact that none of the objectives announced at the beginning of the war have been achieved. It is clear because they, like the defeatist Palestinian camp, simply use the numbers of martyrs, disabled and homeless to determine victory and defeat.

This approach fails to acknowledge that none of the so-called "objectives" of the war have been achieved: Hamas is still in power; rockets are still being launched; no pro-Oslo forces have been reinstated in the Gaza Strip. The question now being raised by some Palestinian intellectuals and political forces, after the (un)expected brutality of the Israeli occupation forces, is "was it worth it?" The "it" here remains ambiguous depending on the reaction of the listener/reader. What is of interest here is the radical change that some national forces, especially the left and their intellectuals, have gone through in their mechanical, as opposed to dialectical, interpretation of history and their role, thereafter, in its making.

The war on Gaza has emerged as a political tsunami that has not only put an end to the fiction of the two-state solution and brought liberation rather than independence back to the agenda, but it has also created a new Palestinian political map given the intellectual debate vis-a-vis the outcome of the war. This new classification of the Palestinian intelligentsia and ruling classes has led to many ex-leftists joining the right-wing anthem of Oslo and its culture of defeatism. Not unlike the Oslo intelligentsia, the new pragmatic left is characterized by demagogy, opportunism and short-sightedness. The conduct of these NGOized intellectuals (those emerging from western-funded "nongovernmental organizations" -- NGOs) does not show any commitment to their national and historical responsibility.

Michel Foucault's famous formulation, "where there is power, there is resistance," helps us to theorize the political and, hence, the cultural resistance, represented in some of the (post)war discourse. Within the context of resistance, it is worth quoting Frantz Fanon's definitions of the role of the "native intellectual" during the "fighting phase": "[T]he native, after having tried to lose himself in the people and with the people, will ... shake the people ... [H]e turns himself into an awakener of the people; hence comes a fighting literature, and a national literature."

On the other hand, there are intellectuals who, according to Fanon's theorization, "give proof that [they] [have] assimilated the culture of the occupying power. [Their] writings correspond point by point with those of [their] opposite numbers in the mother country. [Their] inspiration is European [i.e. Western] ..." Hence the adoption of the Israeli narrative by some intellectual sections, including NGOized leftists, whereby Israel was exonerated of its crimes: "we are to blame for what happened;" "we were not consulted when Hamas started the war!" and "the people are paying the price, not the resistance movement;" "Hamas should have renewed the truce;" "we cannot afford to lose so many lives; Hamas should have understood this;" "there was no resistance at all on the streets of Gaza; resistance men ran away as soon as they saw the first tank."

By the same token, one would also condemn the Algerian, South African, French, Vietnamese, Lebanese and Egyptian resistance to occupation. The same logic was used by the Bantustan chiefs of South Africa against the anti-apartheid movement, by the Vichy government of France, the South Vietnamese government, the reactionary Egyptian Forces against the progressive regime of Gamal Abdel Nasser in 1956, and even by the Siniora-Jumblatt-Geagea-Hariri March 14 coalition in Lebanon in 2006.

Obviously, these intellectuals' assimilation of the Western mentality, through a process of NGOization, and hence Osloization, makes them look down upon the culture of resistance as useless, futile and hopeless. Resistance, broadly speaking, is not only the ability to fight back against a militarily more powerful enemy, but also an ability to creatively resist the occupation of one's land. The Oslo defeatists and the neo-left camp fail to use people power creatively or even to see that it exists. They are defeated because they want to fight the battle on Israel's terms -- through the adoption of an Israel-Hamas dichotomy, rather than apartheid Israel vs. the Palestinian people -- instead of looking at their strengths: that they are the natives of the land, they have international law supporting their claims, they have the moral high ground, the support of international civil society, etc.

One good lesson from the South African struggle is the way it tried to define resistance and its adoption of what it referred to as "the four pillars of the struggle" to achieve victory over the apartheid regime: armed struggle, internal mass mobilization, international solidarity, and the political underground. Alas, none of these pillars seem to fit within the paradigm of the Palestinian neo-left.

The principled critical legacy of the likes of Ghassan Kanafani, Edward Said and Frantz Fanon is no longer the guiding torch of the NGOized left -- the secular democratic left which is supposed to be, as Said would argue, "someone who cannot easily be co-opted by governments or corporations [or donors], and whose raison d'etre is to represent all those people and issues that are routinely forgotten or swept under the rug." A fascinating, and timely, remark by Hungarian philosopher George Lukacs points the way that the NGOized left should be talking right now: "When the intellectual's society reaches a historical crossroads in its fight for a clear definition of its identity, the intellectual should be involved in the whole sociopolitical process and leave his ivory tower."

Decolonizing cultural resistance insists on the right to view Palestinian history as a holistic entity, both coherent and integral. It also reflects a national and historical consciousness that Palestinians are able to be agents of change in their present and future regardless of the agendas of western donors, the Quartet and other official "international" bodies. Yet we see that the neo-democrats of Palestine are unable to acknowledge Palestinian agency because they refuse to respect the will of the people as expressed through the ballot box. This position is meant to synergize with that of their donors and international bodies who have worked hard over the last two years to delegitimize Palestinian agency.

This lack of political consciousness and the search for individual solutions -- the major characteristics of defeatist ideology -- contradict the collective national reality of the colonized Palestinians. Political consciousness must begin with a rejection of the conditions imposed by the Israeli occupation and the Quartet (Russia, the United States, the United Nations and the European Union) on the majority of Palestinians and even more crucially, a rejection of the crumbs that are offered as a reward for good behavior to a select minority of Palestinians. Indeed, class consciousness is dialectically related to the struggle for national liberation. It is the interests of some NGOized groups, ex-leftists, and neo-liberals, whose defeatist perspective on the outcome of Gaza 2009 is being disseminated with the help of some unpopular media outlets, which is at stake here -- not the interests of the Palestinian people who have gained even more legitimacy through their steadfast resistance to the Israeli bombardment.

Osloized and NGOized classes argue that the only solution to the Israeli-Palestine conflict is the establishment of two states which basically means the creation of an independent Palestine on 22 percent of Mandate Palestine. They maintain that the only way to reach independence is through negotiations, though more than ten years of negotiations have not moved the Israeli position at all. The establishment of a Palestinian state is not mentioned in any of the clauses of the Oslo agreement, thus leaving the matter to be determined by the balance of power in the region. This balance tilts in favor of Israel, which rejects the establishment of a sovereign Palestinian state, in spite of its recognition of the Palestinian people and its national movement the Palestine Liberation Organization (PLO). No Israeli party, neither Labor, Likud nor Kadima is ready to accept a Palestinian state as the expression of the right of the Palestinian people to self-determination. The impasse negotiations have reached has proven the oppositional camp correct.

Hence the "shocking" results of the 2006 elections, in which Hamas won the majority of the seats of the Palestinian Legislative Council. Both liberals and leftists were "surprised" and even felt "betrayed!" Accusations of the "immaturity" and even "backwardness" of the Palestinian people have been thrown around since then. Nothing was mentioned about the failure of "the peace process;" nor the end of the two-state solution, and thereafter, the necessity and need for a new national program that can mobilize the masses; a program that is necessarily democratic in its nature; one that respects resistance in its different forms and, ultimately, guarantees peace with justice.

It is this lack of a political vision and a clear-cut ideological program that allows for the contortions of the Osloized classes. It is this lack that makes it prepared to recognize a "Jewish state" alongside a Palestinian state, including the legitimization of discriminatory practices applied by Israel against its non-Jewish, i.e. mainly Palestinian citizens and residents since 1948, and the end of the right of return of more than six million of refugees. What we are constantly told, is either accept Israeli occupation in its ugliest form -- i.e. the ongoing presence of the apartheid wall, colonies, checkpoints, zigzag roads, color-coded number plates, house demolitions and security coordination supervised by a retired American general -- or have a hermetic medieval siege imposed on us, but still die with dignity. The first option seems to be the favorite of some NGOized "activists."

The new, much-needed program, however, must make the necessary link between all Palestinian struggles: the occupation of Gaza and the West Bank, Israel's ethnically-based discrimination and rights violations of more than one million Palestinian citizens, and the 1948 externally displaced refugees. Gaza 2009 was not a defeat but a victory, because in Gaza the Israelis shot the two-state solution in the head; it is a victory achieved with the blood of those children, men and women who sacrificed their lives so that we could live and continue to resist, not surrender. Those Palestinians that are mourning the demise of the two-prison solution are out of step with new facts on the ground: there can be no going back to fake solutions and negotiations; it is time for a final push to real freedom and statehood. They can join other Palestinians, and internationals, in their demand for a secular, democratic state in Mandate Palestine with equality for all or they can walk into the dustbin of history.

Haidar Eid is an independent political commentator and activist residing in Gaza.

Strong Indications of Israeli War Crimes By NATIONAL LAWYERS GUILD

February 9, 2009
http://www.counterpunch.org/nlg02092009.html

A Report from Gaza
Strong Indications of Israeli War Crimes By NATIONAL LAWYERS GUILD

Gaza City.

We are a delegation of 8 American lawyers, members of the National Lawyers Guild in the United States, who have come here to the Gaza Strip to assess the effects of the recent attacks on the people, and to determine what, if any, violations of international law occurred and whether U.S. domestic law has been violated as a consequence. We have spent the last five days interviewing communities particularly impacted by the recent Israeli offensive, including medical personnel, humanitarian aid workers and United Nations representatives. In particular, the delegation examined three issues: 1) targeting of civilians and civilian infrastructure; 2) illegal use of weapons and 3) blocking of medical and humanitarian assistance to civilians.

Targeting of Civilians and Civilian Infrastructure
Much of the debate surrounding Israel’s aerial and ground offensive against Gaza has centered on whether or not Israel observed principles of proportionality and distinction. The debate suggests that Israel targeted Hamas i.e., its military installations, its leaders, and its militants, and in the process of its discrete military exercise it inadvertently killed Palestinian civilians. While we have found evidence that Palestinian civilians were victims of excessive force and collateral damage, we have also found troubling instances of Palestinian civilians being targets themselves.

The delegation recorded numerous accounts of Israeli soldiers shooting civilians, including women, children, and the elderly, in the head, chest, and stomach. Another common narrative described Israeli forces rounding civilians into a single location i.e., homes, schools which Israeli tanks or warplanes then shelled. Israeli forces continued to shoot at civilians fleeing the targeted structures.

We spoke to Khaled Abed Rabbo, who witnessed an Israeli soldier execute his 2-year-old and 7-year-old daughters, and critically injure a third daughter, Samar, 4-years old, on a sunny afternoon outside his home. Two other Israeli soldiers were standing nearby eating chips and chocolates at the time on January 7, 2009. Abed Rabbo recounts standing in front of the Israeli soldiers with his mother, wife and daughters for 5 – 7 minutes before one of the soldiers opened fire on his family.

We spoke to Ibtisam al-Sammouni, 31, and a resident of Zaytoun neighborhood in Gaza City. On January 4th, the Israeli army forced approximately 110 of Zaytoun’s residents into Ibtisam’s home. At approximately 7 am on January 5th, the Israeli military launched two tank shells at the house without warning killing two of Ibtisam’s children: Rizka, 14 and Faris, 12. When the survivors attempted to flee Israeli forces shot at them. Her son Abdullah, 7, was injured in the shelling and remained in the home among his deceased siblings for four days before Israeli forces permitted medical personnel into Zaytoun to rescue them. After medical personnel removed the injured persons, an Israeli war plane destroyed the house and it crumbled over the lifeless bodies. The dead remained beneath the rubble for 17 days before the Israeli Army permitted medical personnel to remove their bodies for burial.

We spoke to the family of Rouhiya al-Najjar, 47, who lived in Khoza’a, Khan Younis. Israeli forces ordered her neighborhoods residents to march to the city center. Rouhiya led 20 women out of her home and into the alley. They all carried white scarves. Upon entering the alley, an Israeli sniper shot Rouhiya in her left temple killing her instantly. Israeli forces prevented medical personnel from reaching her body for twelve hours. These are only some of the accounts that we’ve collected.

Israeli forces also destroyed numerous buildings throughout the Gaza Strip during the recent incursion. Guild delegates viewed the remains of hundreds of demolished homes and businesses – in addition to the remains of the American School in Gaza, damaged medical centers, and the charred innards of UNRWA warehouses. While in situations of armed conflict, collateral damage and mistakes can occur, the circumstances surrounding the cases that the delegation investigated indicate deliberate targeting rather than collateral damage or mistake. Specifically:

The American School at Gaza, which was hit with two F-16 missiles on January 3, 2009, killing the watch guard on duty. According to Ribhi Salem, the school’s director, the Israelis gave no warnings. Mr. Salem stated that the school had come to an agreement with resistance groups not to use school grounds and there had never been resistance activity on the property.

United Nations Relief and Works Agency (UNRWA)

John Ging, the Director of Gaza Operations for UNRWA reported that Israeli forces fired missiles at UNRWA schools in Gaza City, Jabalyia and Bet Lahiya. The United Nation compound in Gaza city was also hit with white phosphorous shells and missiles. Ging noted that al United Nations buildings and vehicles all fly UN flags, are marked in blue paint from the top, and that during hostilities the UN personnel remained in constant contact with Israeli authorities.

Misuse of Weapons

Our delegation has heard allegations of the use of DIME (Dense Inert Metal Explosive) weaponry, white phosphorus and other possible weapons whose use in civilian areas is prohibited. We have also heard of the use of prohibited weapons, such as fleshettes. We have found our own evidence of the use of fleschette shells, which we will combine with evidence collected by Amnesty International to push for further investigation. We have not found any conclusive evidence of the use of DIME, though we believe that this warrants further investigation and disclosure by the Israeli military.

Our findings overwhelmingly point to the use of conventional weapons in a prohibited manner, specifically, the use of battlefield weaponry in densely populated civilian areas. Customary international law forbids the use of weapons calculated to cause unnecessary suffering. We found evidence that Israel used white phosphorus in extensively throughout its three-week offensive in a manner that led to numerous deaths and injuries. For example, Sabah Abu Halima, 45, lived in Beit Lahiya with her husband, seven boys, and one girl. It was midday and she and her entire family was home. Within minutes she felt her home shaking and missiles fell through the rooftop. She fell to the ground upon impact. When she looked up she saw her children burning.

Preventing Access to Medical and Humanitarian Aid

Under customary international humanitarian law, the wounded are protected persons and must receive the medical care and attention required by their conditions, to the fullest extent practicable and with the least possible delay. Parties to a conflict are required to ensure the unhindered movement of medical personnel and ambulances to carry out their duties and of wounded persons to access medical care. Speaking to medical workers and the family of victims, NLG delegates documented serious violations of this provision. Among the stories documented include:

Zaytoun neighborhood, which came under attack and invasion by ground foces on January 3, 2009. The Palestinian Red Crescent received 145 calls from Zaytoun for help, but were denied entry by Israel. Bashar Ahmed Murad, Director of Emergency Medical Services for the Palestinian Red Crescent Society told us that “a lot of people could have been saved, but hey weren’t given medical care by the Israelis, nor did the Israeli army allow Palestinian medical services in.” When paramedics were finally allowed to enter on January 7, Israeli forces only gave them a 3-hour “lull” to work and prohibited ambulances into the area. Instead they forced paramedics park the ambulances 2 kilometers away and enter the area on foot. Murad told delegation members how they had to pile the wounded on donkey carts and have the medical workers pull the carts in order to help the most people possible in the short time they were given. After the 3 hours were over, the Israeli army started shooting toward the ambulances. The Red Crescent was not able to reach that area again to evacuate the dead until January 17, 2009 when the Israeli army pulled out.

Al-Shurrab Family

On January 16th, Israeli forces shot at the jeep of Mohammed Shurrab, 64 years of age, and two of his sons, Kassab and Ibrahim, aged 28 and 18 as they were returning from their fields. Mohammad was shot in the left arm and Ibrahim was shot in the leg. The elder son, Kassab, sustained a fatal bullet wound to the chest, being shot multiple times after being ordered out of the car. Mohammad, bleeding from his wound, contacted the media, the International Committee of the Red Cross, and a number of NGOs via mobile phone in order to acquire medical assistance. Israeli forces denied medical relief agencies clearance to reach them until almost 24 hours after Mohammad, Ibrahim and Kassab had been shot. Earlier that morning, Ibrahim had succumbed to his wound and died. Mohammad Shurrab and his sons were shot during a so-called “lull” in Israeli ground operations, which Israeli forces had agreed to in order to allow humanitarian relief to enter and be distributed in the Gaza Strip. As such NLG delegates fail to see how this denial of medical access to the wounded Shurrab family could have been absolutely necessary and not simply arbitrary.

International humanitarian law also prohibits attacks on medical personnel, medical units and medical transports exclusively assigned to carry out medical functions. Delegate members saw ambulances seriously damaged and destroyed, some apparently deliberately crushed by Israeli tanks. The Palestinian Red Crescent Society and the Palestinian Ministry of Health informed delegates that 15 Palestinian medics were killed and 21 injured in the course of Israel’s assault.

Conclusions

This delegation is seriously concerned by our initial findings. We have found strong indications of violations of the laws of war and possible war crimes committed by Israel in the Gaza Strip. We are particularly concerned that most of the weapons that were found used in the December 27 assault on Gaza are US-made and supplied. We believe that Israel’s use of these weapons may constitute a violation of US law, and particularly the Foreign Assistance Act and the US Arms Export Control Act.

A report of our initial findings will be compiled and submitted to, among others, members of the United States Congress. We intend to push for an investigation by the United States government into possible violations by Israel of US law. We also hope to contribute our finding and efforts to other efforts by local and international lawyers to push for accountability against those found responsible for the egregious crimes that we have documented.

MEMBERS OF THE LEGAL DELEGATION

Huwaida Arraf (New York, Washington DC)
huwaida.arraf@gmail.com
Palestine: 0599-130-426
USA: 1-202-294-8813

Noura Erekat (Washington DC)
noo194@yahoo.com
Palestine:
USA: 1-510-847-4239

James Marc Leas (Vermont)
jolly39@gmail.com
Palestine:
USA: 1-802 864-1575 and 1-802 734-8811(cell)

Linda Mansour (Ohio)
Lindamansour@aol.com
Palestine:
USA: 1-419-535-7100 and 1-419-283-8281 (cell)

Rose Mishaan (California)
roseindigo7@gmail.com
Palestine:
USA: 1-917-803-2201

Thomas Nelson (Oregon)
nelson@thnelson.com
Palestine:
USA: 1-503-709-6397

Radhika Sainath (California)
radhika.sainath@gmail.com
Palestine:
USA: 1-917-669-6903

Reem Salahi (California)
reemos@gmail.com
Palestine:
USA: 1-510-225-8880

The tunnels of Gaza

By Sara Flounders
Published Feb 8, 2009 8:39 AM

Resistance takes as many forms as life itself dictates.

Life in Gaza could not be more impossible. Its tunnels are a symbol of resistance.

Eighteen months ago, outraged when the Palestinians voted for the militant leadership of Hamas in democratic elections, Israel imposed a total lockdown on the entire population of Gaza.

But the entire people were determined to continue to resist. They found a way to circumvent total starvation.

The Israeli blockade led to a new economic structure, an underground economy. The besieged Palestinians have dug more than 1,000 tunnels under the totally sealed border.

Many thousands of Palestinians are now employed in digging, smuggling or transporting, and reselling essential goods. Smuggling constitutes approximately 90 percent of economic activity in Gaza, Gazan economist Omar Shaban told The Guardian. (Oct. 22, 2008)

The tunnels demonstrate the great ingenuity and enormous determination of the entire population and its leadership.

Because millions of Palestinians have been forced into refugee status outside of historic Palestine, large extended families on both sides of the border help arrange the buying and shipping of goods or send funds so family members locked in Gaza can buy essential supplies.

The tunnels connect the Egyptian town of Rafah with the Palestinian refugee camp of the same name inside Gaza. They have become a fantastic, life-sustaining network of corridors dug through sandy soil. Tunnels are typically three-tenths of a mile long, approximately 45 to 50 feet deep. They cost from $50,000 to $90,000 and require several months of intense labor to dig.

They pass under the Philadelphi buffer zone—a border strip of land put under Israeli military control by the 1993 Oslo accords.

The Israeli siege of Gaza, followed by 23 days of systematic bombing and invasion, has created massive destruction and scarcity. Food processing plants, chicken farms, grain warehouses, U.N. food stocks, almost all the remaining infrastructure, and 230 small factories were destroyed. Now hundreds of trucks packed with essential supplies from international and humanitarian agencies sit outside the strip, refused entry to Gaza by Israeli guards. As soon as the Israeli bombing ended, work on the tunnels resumed.

Lara Marlowe reported from Rafah: “From a distance, you’d think it was a horticultural project. Banks of red earth criss-cross the Palestinian side of the no-man’s land between Gaza and Egypt. Every 20 or 30 meters, young Palestinian men work under what appear to be greenhouse canopies.

“The tunnels of Rafah–more than one thousand of them–are a major stake in the war between Hamas and Israel. Israel wants the tunnels shut; the Palestinians say they would starve without them, because of Israel’s 19-month siege of the Gaza Strip. Despite three weeks of heavy bombing, the majority of the tunnels are open.

“The area has as many holes as a Swiss cheese. ‘Sometimes the tunnels intersect,’ says a worker. ‘We try to avoid it. We go under or over other tunnels. It’s like directing train traffic.’

“The smugglers work in jeans, T-shirts and bare feet. ‘We shore up the collapsed parts with wood,’ Hamdan [a tunnel worker] explains. ‘If the Israelis bomb again, we’ll use metal next time, and concrete the time after that. As long as there’s a siege, the tunnels will keep working.’” (Irish Times, Jan. 26)

Food is towed through on plastic sleighs. Livestock are herded through larger tunnels. Flour, milk, cheese, cigarettes, cooking oil, toothpaste, small generators, computers and kerosene heaters come through the tunnels. Every day, about 300 to 400 gas canisters for cooking come through the lines. On the Egyptian side the trade sustains the ruptured economy while corrupt or sympathetic guards and officers look the other way.

Electricity and fans provide ventilation. Essential supplies of diesel fuel are pumped through the tunnels in hoses and pipes.

Rami Almeghari, editor-in-chief of the Gaza-based Palestinian Information Service and contributor to The Electronic Intifada, has described the organization that goes into digging and maintaining the tunnels. The Hamas-led government in Gaza imposed regulations and restrictions on the tunnel trade to avoid accidents and prevent smuggling of drugs and prohibited substances. “However, the besieged Hamas government cannot guarantee an end to the tunnel trade, unless the Israeli blockade comes to a halt.”

Almeghari interviewed one tunnel worker as he loaded cooking oil canisters: “Let Israel besiege us the way it wants, and we bring in what we want. At the end of the day, we will not let anyone repress us.”

Xinhua News headlined a Jan. 22 article: “In spite of Israeli offensive, Gaza tunnels are back to work.”

“We dug tunnels because we have no other alternative. Israel was imposing a very tough blockade on Gaza Strip and the tunnels were the smartest way to defeat this blockade,” Hashem Abu Jazzar, a 23-year-old worker, told Xinhua News.

“As long as Israel is still imposing the siege on Gaza Strip, I don’t think that we will stop working in the tunnels, but if all crossings are fully and permanently opened, I believe that working in tunnels will automatically stop,” said Abu Jabal, a 45-year-old owner of a tunnel.

Commercial tunnels are used only for food, fuel, medicines and basic necessities. Other totally separate tunnels are operated by resistance groups to bring in small weapons and munitions.

Israel claims it drops 100-ton bombs on the tunnels from F-16 jets to stop Palestinian rockets. But closing off supplies to an entire population or bombing life-sustaining tunnels will not prevent the firing of small rockets.

A population with skills, education, massive unemployment, lots of time and no future will be able to build rockets, mortars, pipe bombs and mines out of the tons of scrap metal and twisted ruins that Israel left behind.

The continued blockade is strictly punitive.

The Israeli military and their Pentagon backers are deeply frustrated. The bombing failed to demoralize the Palestinian people or break their will. It is also clear that the massive bombardment of the Rafah border and the targeting of hundreds of tunnels have failed to close these lifelines of basic supplies.

On Feb. 1, Israel again bombed the border, targeting the tunnels.

What is needed is a broad international campaign to demand an end to U.S.-supported Israeli collective punishment and an end to the intended starvation of an entire population.

The only possibility for peace in the region is through the recognition of the full rights of the Palestinian people to return to all their land. Their sovereignty and economic development must be guaranteed.

The immediate starvation siege must be lifted. The international movement that emerged in solidarity with Gaza must focus world attention on this international war crime.