By Kenneth J. Theisen
On September 15th the United Nations Fact-Finding Mission led by Justice Richard Goldstone of South Africa released its report (on the Gaza war. In a damning indictment of Israel, it concluded there is evidence indicating serious violations of international human rights and humanitarian law were committed by Israel during the Gaza War.
It found that Israel committed actions amounting to war crimes, and possibly crimes against humanity. Israel was supported in this war by the U.S. Many of the arms and munitions used by Israel were supplied by the U.S. through its many years of supplying Israel with what it needs to suppress its neighbors. While the war took place just before Obama took office, he was largely silent as more than 1400 Palestinians were killed by the Israeli offensive.
In compiling the 574- page report, which contains detailed analysis of 36 specific incidents in Gaza, as well as a number of others in the West Bank and Israel, the Mission conducted 188 individual interviews, reviewed more 10,000 pages of documentation, and viewed some 1,200 photographs, including satellite imagery, as well as 30 videos. The mission heard 38 testimonies during two separate public hearings held in Gaza and Geneva. The decision to hear participants from Israel and the West Bank in Geneva rather than in Palestine was taken after Israel denied the Mission access within the Palestinian territories. Israel also failed to respond to a comprehensive list of questions posed to it by the Mission. Palestinian authorities in both Gaza and the West Bank cooperated with the Mission.
The U.N. Mission discovered that, in the lead up to the Israeli military assault on Gaza, Israel imposed a blockade amounting to collective punishment and carried out a systematic policy of progressive isolation and deprivation of the Gaza Strip. During the Israeli war, houses, factories, wells, schools, hospitals, police stations and other public buildings were destroyed. Even today, families are still living amid the rubble of their former homes. Reconstruction has been impossible due to a continuing Israeli blockade.
Significant trauma, both immediate and long-term, has been suffered by the population of Gaza. The Report notes signs of profound depression, insomnia, and other effects such as bed-wetting among young children. The effects on children who witnessed killings and violence, who had thought they were facing death, and who lost family members will be long lasting, the Mission found, noting in its Report that some 30 per cent of children screened at UNRWA schools suffered mental health problems. The report concludes that the Israeli war was directed at the people of Gaza as a whole, in furtherance of an overall and continuing policy aimed at punishing the Gaza population, and in a deliberate policy of disproportionate force aimed at the civilian population. The destruction of food supply installations, water sanitation systems, concrete factories and residential houses was the result of a deliberate and systematic policy which has made the daily process of living, and dignified living, more difficult for the civilian population. The Report stated that Israeli acts that deprive Palestinians in the Gaza Strip of their means of subsistence, employment, housing and water, that deny their freedom of movement and their right to leave and enter their own country, that limit their rights to access a court of law and an effective remedy, could lead a competent court to find that the crime of persecution, a crime against humanity, has been committed. The report underlines that in most of the incidents investigated by it, and described in the report, loss of life and destruction caused by Israeli forces during the war were a result of disrespect for the fundamental principle of "distinction" in international humanitarian law that requires military forces to distinguish between military targets and civilians and civilian objects at all times. The report further states that "Taking into account the ability to plan, the means to execute plans with the most developed technology available, and statements by the Israeli military that almost no errors occurred, the Mission finds that the incidents and patterns of events considered in the report are the result of deliberate planning and policy decisions."
As one
example, Chapter XI of the report describes a number of specific incidents in which Israeli forces launched "direct attacks against civilians with deadly outcome." The report states that these are cases that indicate no justifiable military objective pursued by the attack and concludes they amount to war crimes.The incidents described include:
Attacks in the Samouni neighbourhood, in Zeitoun, south of Gaza City, including the shelling of a house where soldiers had forced Palestinian civilians to assemble;
Seven incidents concerning "the shooting of civilians while they were trying to leave their homes to walk to a safer place, waving white flags and, in some of the cases, following an injunction from the Israeli forces to do so;"
The targeting of a mosque at prayer time, resulting in the death of 15 people. A number of other incidents the report concludes may constitute war crimes include a direct and intentional attack on the Al Quds Hospital and an adjacent ambulance depot in Gaza City. The Report also covers violations arising from Israeli treatment of Palestinians in the West Bank, including excessive force against Palestinian demonstrators, sometimes resulting in deaths, increased closures, restriction of movement, and house demolitions.
The Mission found that through activities such as the interrogation of political activists and repression of criticism of its military actions, the Israeli Government contributed significantly to a political climate in which dissent was not tolerated. The prolonged situation of impunity has created a justice crisis in the Occupied Palestinian Territory that warrants action, the Report stated. The Mission found the Government of Israel had not carried out any credible investigations into alleged violations. It recommended that the U.N. Security Council require Israel to report to it, within six months, on investigations and prosecutions it should carry out with regard to the violations identified in its Report. It is extremely unlikely that Israel will take any such action as it is protected in the U.N. by the U.S. which frequently uses its veto power to protect Israel. The U.S. will likely do so in this instance as well.
Israel is a faithful ally of the U.S. It has acted as an outpost of U.S. imperialism for sixty years. The Gaza War is just the latest in a series of wars where Israel has attacked its neighbors. In all these wars, Israel has committed war crimes and acts against humanity. The U.S. has always used its power to keep any Israeli officials from facing justice. But then the U.S. government does the same to protect its own officials from facing justice too for their various war crimes and acts against humanity. The West Bank and Gaza have been illegally occupied since 1967 when Israel captured them in an earlier war. While the U.S. under Obama says it wants a peace settlement in the area, there will be no peace. The peace that the U.S. wants is merely for the Palestinians to completely capitulate to Israel and U.S. imperialism. That is why even if the U.S. is able to force some Palestinian collaborators to sign an agreement it will not result in peace.
It is good that the latest report exposes the crimes of Israel. But do not expect any real justice at the current time. The U.S. will make sure that this does not happen.