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Mohammad Said Kalash, "Offering Reconciliation" exhibit (photo: Ilan Amihai)

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Punch and Judy/Pinchas and Jamila

Avi Katz

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David Grossman

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Eldrige Street shul

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Ben Heine

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Israeli and Palestinian boys

from documentary, Promises

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Daylight through the Wall

Banksy: graffiti art on Separation Wall

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Maurice Sendak's Brundibar set

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Daniel Barenboim, West-Eastern Divan Orchestra

Palestinian-Israeli musical ensemble (photo: Kerstin Joensson/AP)

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Great Day on Eldrige Street

N.Y.'s klezmer greats celebrate shul rededication (photo: Leo Sorel)

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Joint Appeal for Peace

(Avi Katz)

Joint Appeal for Peace

Ketubah, Ancona, Italy (1772)

(Jewish Theological Seminary library)

Ancona ketubah

Posts Tagged ‘gaza war’

Horowitz’s Seattle Bus Ad: Taking Leave of His Senses

Friday, December 24th, 2010
horowitz bus ad

David Horowitz's proposed Seattle bus ad: lies and the lying liars who tell them

One of my readers has provided the graphic for the ad David Horowitz proposed displaying on Seattle Metro buses.  And I think finally the man has truly taken leave of his senses.  Let’s leave aside the fact that there have been no bus bombings in Israel for years.  But who in their right mind claims that Palestinian terror is financed by the U.S. taxpayer?

While I’ve disagreed with the over the top rhetoric of the Mideast Awareness Campaign in claiming outright Gaza war crimes (before they’ve been proven in a court like the ICC), it is an incontrovertible fact that Israel uses its $3 billion yearly military aid package to purchase sophisticated weaponry routinely used in wars like Lebanon and Gaza.  So American taxpayers do, in that sense, participate directly or indirectly in the oppression of the Occupation.

But to claim that we also support or finance Palestinian terror is simply way out there in some sort of Islamophobic nether world.  This is precisely the point I made in yesterday’s post about why we need more, not less speech.  Horowitz’s add SHOULD be displayed on Seattle buses.  I want everyone to see what an idiot he is.  I want him to make a fool of himself.  This is the marketplace of ideas and the way you determine what ideas are useful and what ideas are worthless.

And to make one point clear, I have no problem with the notion that there have been acts committed by Palestinians which may constitute war crimes.  So let’s let the ICC determine this issue.  Let’s bring both parties to the Hague and determine their guilt or innocence.

Seattle Metro Bus Ad Controversy: King County Suspends Free Speech

Thursday, December 23rd, 2010
seattle israel bus ad

Seattle's anti-war bus ads

Like a good general, I have a rule I try to follow about blogging: I try to choose the terrain on which I will fight.  I like the terrain to favor me.  If my opponent chooses to fight on their terrain, I prefer not to engage unless I think it’s favorable to me.  That’s why I’ve declined to enter into the local fracas-become international cause celebre involving a series of Seattle Metro Bus ads which decry U.S. military aid to Israel and accuse it of committing war crimes during Operation Cast Lead.

Before entering this political swamp, let me make something clear: I have no problem with any of the issues raised in the ads, which is why I strongly attack King County executive Dow Constantine’s decision to pull the plug on them after an outcry from a local Israel lobby coalition.  I strongly support the right of the group which organized them to display them.  The issue of U.S. military aid to Israel is an important one as is the even more important issue of possible war crimes committed by the IDF in Gaza during the last war.

But I do have problem with both sides of this debate: both the advertisers and the pro-Israel baying chorus trying to take them down.  First, my problem with the ad.  If you want to make a political point AND influence people you make your argument coherent and plausible.  You don’t flaunt rhetoric.  You don’t score points.  You don’t shout when a calm voice will do.  There are thousands of different iterations of this ad which would’ve worked as effectively and made it harder for the pro-Israel crowd to get the ads taken down.

But the ad organizers went for the jugular.  They made their choice and undoubtedly are happy their ads were banned since it will play well to their constituency.  The other side will think it has won a victory and feel pleased with itself.  What it won’t realize is that any time you have to win a victory at the expense of fundamental constitutional principles of free speech and fairness, you’ve lost in the long run.  Meaning Israel has lost too.  And if your cause is Israel, then you’ve done your cause a disservice.

Now my much more serious problems with the smear campaign run by the local pro-Israel advocates including the Jewish federation, Aipac, American Jewish Committee and Stand With Us.  Here’s some of their rhetoric as mouthed by local King County Councilmember Jane Sprague, who’s dutifully repeating the Israel lobby talking points as all obedient U.S. politicians tend to do:

The ad reads “Israeli War Crimes Your tax dollars at work,” and has an image of a group of children staring at a destroyed building.  . Like many of you, I find the ad disturbing. Yesterday I sent a letter to the Executive and Metro officials demanding that they put a halt the ads…

We need to be mindful that inflammatory speech like this can affect many groups including our Jewish Community. I strongly believe in freedom of speech and our first amendment rights…Messages like these, that lack basic civility, can incite violence against minorities and various religious communities. We need to be able to protect those who can be hurt as a result.

What is “inflammatory” about this speech? That it accuses Israel of committing war crimes in Gaza? Major Israeli newspapers run stories virtually every day recounting stories of Israeli atrocities during the war and using terms like “war crimes” to describe them. Yes, I’d prefer to use terms like “alleged” or “possible” since the war crimes haven’t been proven in a court of law yet. But I find absolutely nothing wrong with putting forward a political argument in such ads claiming that Israel committed war crimes.

Now, as to whether U.S. taxpayers financed those atrocities with U.S. military aid: that seems incontrovertible. Israel’s military has used American weaponry liberally and even flagrantly in situations such as the mass firing of U.S. cluster bombs during the concluding hours of the 2006 Lebanon war, leaving Lebanese civilians to suffer the tragic consequences after the war ended as they unintentionally exploded the ordinance on their property and roads.

As to the ads “lacking basic civility,” well, excuse me but a cluster bomb in your backyard or an F-16 levelling your Gaza apartment building is a pretty uncivil message sent from the American people to Palestinians courtesy of the Israeli Air Force. Do the American people deserve the right to know about such things in bus ads? You bet.

But there is another deeply disturbing notion put forward by pro-Israel advocates in this message: that Israel=American Jews. That Americans somehow blame their fellow Jewish citizens for the acts of Israel. This is not only an offensive concept, it simply isn’t true.  America is not a place in which Jews will be blamed for Israel’s alleged crimes.  I reject this notion.

The anti-ad coalition views Israel and world Jewry as being inseparable, as being joined at the hip. But the vast majority of Jews in the world don’t accept this equation. I am a Jew, not an Israeli. Israel doesn’t speak for me, nor I for Israel. When Israel acts badly, I am not at fault nor do my fellow Americans see as such.

But it is convenient for Stand With Us and the rest of the Israel advocates to claim there is “no daylight” between Israel and us because then they can argue that hostility to Israeli policy=anti-Israelism and even anti=Semitism. Let me point out as clearly as I can: this notion is noxious. It is offensive. I utterly reject it as should all Americans and American Jews who care about Israel.

Israel doesn’t need all Jews to identify with it unconditionally. Israel need to become a normal nation in the Middle East. To do so, it needs to come to terms with its Arab neighbors. Having world Jewry’s identity confused with Israel’s will not help this process. It will indeed poison it. If you want to be a friend to Israel tell it to make peace with its neighbors and not presume all the Jews in the world think everything it does is honky dory.

King County’s executive has done a grave disservice to free speech in suspending these ads. Not only this, he has handed a victory to those sponsoring the ads.  He has given them the high ground. I hope they sue the county and get a judge to rule on this situation. It is really a contract dispute. The County signed a contract and then violated it. Grounds for reneging are specious. Metro approved those ads then took the Mideast Awareness Campaign’s $3,000.  After signing on the dotted line, they want to back out.  I’d love to see this tested in court.

Dow Constantine is a craven political coward.  Read the bullshit that he’s published under the name of the King County government:

“I have consulted with federal and local law enforcement authorities who have expressed concern, in the context of this international debate, that our public transportation system could be vulnerable to disruption.”

…Given the dramatic escalation of debate in the past few days over these proposed ads, and the submission of inflammatory response ads, there is now an unacceptable risk of harm to or disruption of service to our customers should these ads run.”

Yes, ads that are political speech and counter-speech will cause terrorism.  That’s what he’s essentially claiming.  Thank God, this is a view fully rejected by our nation’s Founders.  Speech is speech.  It is not an act and certainly not an illegal act.  What utter nonsense.  To retreat behind the skirts of a nameless federal bureaucrat who supposeldy told him to can an ad.  I want to know: which federal official did he consult and what did he say?  In fact, I’d like to file a Freedom of Information Act petition with Country government for every piece of internal information regarding this ad.  So, Dow Constantine, I’d be careful what you say and make sure it’s the truth.  You wouldn’t want to look awfully stupid if you mouthed nonsense like this, and were caught afterward doing so.

In fact, I wouldn’t be surprised if David Horowitz’s counter ads were deliberately formulated in the most vitriolic terms possible, knowing that by doing so they would virtually force Metro to cancel the original ad, which was their real purpose.  Really, who cares what the counter ads would say as long as they didn’t explicitly advocate illegality or violence?  I’d like to see fools like Horowitz and his ilk voice anti-Muslim views on Seattle buses so the entire city can laugh them out of town.  What’s the cure to bad speech?  More speech.  Not no speech.  What Metro is doing is saying Seattleites are delicate flowers who can’t withstand the furor of political debate.  Somehow they must be protected from opinions that are too hot.  Otherwise, what?  What would happen?  Would the Seattle explode in WTO type riots merely because of a few bus ads?  C’mon.  Who’re they kidding.

You’ve heard conservatives deride the “Nanny State.”  Well, here in Seattle we have the “Nanny County” protecting residents from the bad, bad man saying bad, bad things.  I say let 1,000 flowers bloom.  So what if some are weeds?  A weed here or there won’t kill us.  It’s the garden of debate that is important.

Cast Lead Veterans Receive Hate Mail

Sunday, November 28th, 2010
ben zion gruber idf commander accused of war crimes

Col. (res.) Ben Zion Gruber, IDF commander accused of war crimes

cast lead hate mail

Message sent a Cast Lead veteran

The recent internet publication of a list of the names, photos, ID numbers, and addresses of 200 IDF veterans of Operation Cast Lead enabled activists, apparently from Spain, to send what Yediot Achronot calls “hate mail” to the homes of a score or more of the officers.  Apparently, one of the reasons it is labelled hate mail is that at least one of the envelopes contained the photo of a girl killed by the IDF (if I recall correctly this image was from the 2006 Lebanon war) along with the caption: “How will you explain this to God?”

This development is causing a certain level of consternation within the military and intelligence communities, which are used to being treated with great deference within Israeli society.  They are wondering what further surprises may await them in the international arena.

The officer who received the envelope containing the photo of the dead child was Col. (res.) Ben Zion (“Bentzi”) Gruber, a deputy armored division commander and number 32 on the Dirty 200 list.  He lives in the settlement of Efrata.  Gruber’s wife was in shock when she opened the letter:

It’s an unpleasant feeling [to receive such mail].  I’m very troubled that there are elements in our midst [the IDF] which collect such material, including ID numbers and exact addresses.  It’s necessary to act against them.

I’m at peace with what I did in Gaza.  We acted according to the principles of international law.  The ethical code was designed precisely for us so we wouldn’t kill anyone who was innocent.

A senior IDF officer living in a settlement tells us that he lives according to international law.  What’s wrong with this picture?

Since Cast Lead, Yediot marvels that Gruber has given more than 150 lectures about the moral purity of operations during this massacre and the IDF’s adherence to its “ethical code.”  The senior officer said he’d grown accustomed to signs displayed at such talks bearing the words “Wanted.”  But he said that the hate mail is much harder to bear:

I’m about the leave for the U.S. to give a series of lectures.  This is something you can’t ignore.  It’s very troubling.

A senior IDF officer said about the hate mail and publication of the Cast Lead list:

The publication calling IDF officers “war criminals” is utterly out of bounds.  It’s even seventy times more troubling that their homes and family members have to receive garbage like this.  We must do everything to honor these officers and limit the impact of this incident.

How ya gonna put the genie back in the bottle?

IDF: Covering Up the Murderous Crimes of Cast Lead

Thursday, November 18th, 2010

CORRECTION: On closer examination of sources it appears that Lt. Col. Aliyan left his position as Rotem commander in May 2008, six months before Operation Cast Lead. Therefore, he is not the Rotem commander who suppressed the death report in the following post. My apologies for not vetting the source more carefully. But thanks to two other Israeli sources we’re all convinced that we now have the right guy.

yehuda hacohen covered up gaza war crime

Lt. Col. Yehuda HaCohen, Rotem battalion commander, covered up possible Gaza war crime (Yehoshua Yosef)

In what is likely the first use of the IDF Dirty 200 list for further investigation and analysis of specific potential war crimes incidents already known, an Israeli reader has done some excellent forensic research, connecting dots between Israeli media reports and the list to expose the previously unknown identity of a senior Israeli commander accused of covering up a military investigation of the killing of a Gaza woman during Cast Lead.

As is the Israeli media custom, they refuse to identity by name soldiers accused of crimes.  They will usually use an initial to name someone.  But in this particular case, they didn’t even do that.  Here’s what happened:

During Cast Lead some 30 members of the Abu Hajjaj family, bearing white flags approached an outpost of the Rotem battalion (a unit within the Givati brigade, which was one of the main units that served during Cast Lead) after being ordered by another IDF unit to evacuate their homes.  Soldiers fired “warning shots,” which somehow managed to kill two of the group, Majeda Abu Hajjaj (35), and Raya Abu Hajjaj (65).   A surviving family member and witness said this about the killings:

Salah Abu Hajjaj…was among the targeted group: “My mother was shot and injured. The bullet went through her arm and into her chest. After 15 meters my mother fell down. Majeda, was also shot. She died immediately.” Salah’s mother and sister were the only two individuals killed in the incident.

Somehow in the immediate aftermath of the incident the IDF managed to claim that not two women, but a man was killed.  As a result of the supposed confusion investigators decided they couldn’t clarify what really happened and refused to pursue the matter farther.

In a subsequent investigation, Staff Sergeant S., accused of killing the women, claimed he shot only at their legs when he deemed this group of composed largely of  women and which was totally unarmed was a “threat” to his comrades.  Somehow he managed to shoot the women in the chest instead.

A battalion-level report was written on the incident but it was suppressed and never filed with the proper authorities…until two months later, a reserve officer received a laptop on which he found the report titled, “Normative Incident–killing of innocent civilian during Operation Cast Lead.” The officer deliberated for eight months what he should do with the report.  Finally, he decided to take the matter up the chain of command and wrote letters to the Givati Brigade senior command, the IDF southern command, and the IDF military prosecutor.

As a result, a complaint was filed against Staff Sergeant S. in the killing this past June.  Alongside this, the IDF launched an investigation into the cover-up of the original incident and the burying of the report. Neither the Haaretz report or any other Israeli source has named the senior officer being investigated.  But a close examination of the Dirty 200 List clearly indicates he is number 174 on the hit parade, Lt. Col. Yehuda HaCohen, Givati 453 Rotem commander. Now, it becomes more difficult for the IDF to sweep Lt. Col. HaCohen’s misdeeds under the rug.  Let it be a lesson to all other commanders when soldiers under their command kill a Palestinian in cold blood that there will no longer be impunity.

HaCohen is 35, married and the father of two children.  One wonders whether he thought of either of them at all when he buried that file in his laptop which concealed the cold blooded murder of a Gaza mother and daughter, whether he thought: that could’ve been my wife and daughter.  Foolish me.  Of course, he didn’t think of that.

Here are some words of wisdom from our proud warrior published in Bibiton (where else?) which should tell you a lot about why he would cover up the killing of a few white-flag waving Gaza ‘terrorists:’

HaCohen moves from a faith in the righteousness of Israel’s path as reflected in its policies and military action, to a strong human sense of the tragedy caused by war.  He doesn’t hesitate using the slogans of Zionism and appears to be someone who believes in them.

He completed tens of operations in Gaza and speaks of the place almost romantically.”There isn’t any place in Gaza I haven’t been.  The best times for me are those when I am on the border [with Gaza].  The times that are even better are those when I cross the border [and enter Gaza].  It’s something that’s hard to explain.  As someone who spent years in Gaza, HaCohen felt the Operation [Cast Lead] approaching.  ”It was clear that this was about to happen.”

Before they left on their first mission, HaCohen exhorted his soldiers, telling them they would complete it at all costs, even if there were wounded or dead.  ”We wouldn’t stop till we had conquered our objectives.  In recent years in our nation, we have allowed ourselves to become confused as we count the dead,” he says critcizing the level of psychological prepardedness of Israeli society.  ”The key measure in war is not the number of dead.  That’s a price that we have to grapple with.  The people of Israel have to learn the lessons of history and understand that if we don’t defend ourselves through war–we will pay.

HaCohen has reveals no signs of regret or second thoughts about the conduct of the war. “The IDF doesn’t have to apologize.  We have the most advanced technology and therefore we are strong.  The other side decided practically not to resist because we came in such strength.  Where there was resistance it was was quickly ended and they paid a very high price.”

Regarding the claim that disproportionate force was used, he dismisses the notion out of hand.  ”I don’t know what this means: using disproportionate force.  You must understand mentally that you are facing a threat and that you will not lose.  At any cost.  You must respond aggressively so that the other side will not succeed in doing what he wants.  It’s very hard to to create a situation in which no civilians will be harmed and in the course of the Operation, to my regret, they were [gee, d'ya think?].”

HaCohen points a finger of blame at the enemy.  ”I greatly criticize Hamas for fighting behind the disguise of [civilians], and the one who should criticize this is the Palestinian people.  They should decide whether they are prepared to be human shields and, if so, they make things difficult for us.  Nevertheless, we know how to deal with this [indeed you do].”

His greatest criticism he reserves for our “friends” in the outside world.  He blithely dismisses the claims found in the Goldstone Report about war crimes.  ”I don’t think we have to get excited about this Report so that we don’t feel we can explain why we protected our own citizens.  It’s not a question of morality [!].  There is a conflict between two peoples, one of which kidnaps soldiers and fires on civilians [!!!!].   This is war and civilians are harmed in it.  On our side too civilians were harmed.  Goldstone has to understand that we evacuated Gaza so they could lead their own lives.  The ball is in their court.”

“I think other countries should examine themselves first [before blaming us].  The British should reflect on what they did in Ireland and Afghanistan.  And the Americans should reflect on the nature preserves they built for the Indians.”

HaCohen also criticizes the effort to detain Israeli officers abroad: “If they believe in London there are senior IDF officers who are war criminals I wouldn’t want to visit there [little likelihood of that now, I'd say].  There are other nice places.  At the end, the only test we have to pass is the mirror test.  I can look in the mirror and say that I am at peace with what I did.  Everything was done according to the spirit of the IDF and for a higher purpose–to return quiet to the South.”

All I can say in HaCohen’s defense is that he didn’t pull the trigger in this case.  His subordinate did.  But if he can look himself in the mirror after covering up such wanton killing and still be at peace, then maybe someone in the IDF or the attorney general’s office has to step in and tell him that they don’t like what they see in the mirror: the image of an officer covering up a war crime.

Haaretz also exposes HaCohen’s identity though it does not disclose how it put two and two together.  Given the timing, it had to be through the Dirty 200 list.  The fact that Haaretz appears unwilling to admit that it at least in part may’ve used the list to confirm the officer’s identity is hypocritical.  They’re afraid of being linked to a list which many Israelis hate, but not so afraid as to refuse to exploit the list’s existence and what it contains.

IDF Cast Lead Dirty 200

Wednesday, November 17th, 2010
cast lead war crimes list

Cast Lead Dirty 200 list

Many of you have either already seen or heard of a list of 200 IDF officers who served in Operation Cast Lead.  It is being circulated samizdat/Wikileaks-style around the internet as a starting point for criminal investigations of possible war crimes charges against those who served in the massacre.  It appears the list was prepared by an Israeli Jew who served/s in the army.  He or she explains his or her actions as follows:

Underlining the following people is an act of retribution and affront. They are the direct perpetrators, agents for the state of Israel that in Dec.- Jan. 2008- 2009 attacked scores of people in the besieged Gaza. The people listed here held positions of command at the time of the attack therefore not only did they perform on behalf of a murderous state mechanism but actively encouraged other people to do the same. They bear a distinctive personal responsibility. They range from low-level field commanders to the highest echelons of the Israeli army. All took an active and direct role in the offensive.

In underlining them we are purposefully directing attention to individuals rather than the static structures through which they operate. We are aligning people with actions. It is to these persons and others, like them, to which we must object and bring our plaints to bear upon [sic].

This information was pirated. We encourage people to seek out other such similar information, it is readily available in the public sphere and inside public officials’ locked cabinets. This is a form of resistance that can be effectively sustained for a long while.

This project for one, has only just begun, do your bit so that this virtual list may come to bear upon the physical.

I am only reluctantly and with a caveat linking to this document mostly because so many others already have and to withhold a link here seems almost pointless.  While the list  contains a lot of information, and likely very useful information, it has not been vetted carefully, and we’re not sure it all means what it claims.  Maybe yes, maybe no.  Here are some of the potential concerns:

1. can we prove all of these individuals did indeed serve in Cast Lead?

2. what tactical or strategic role did they play (that information is not provided)?

3. where did they serve in Gaza?

4. are we sure that all images match up with all names?

5. why are sergeants included?  in my opinion a sergeant should not be included unless he or she participated in a specific act that should be investigated.

My final concern is that there are those on the other side who wait for us to make a mistake.  That’s why it’s important that we know what we’re talking about before we act.  And in this case, we don’t know enough yet.  This list could be a fabrication or partial fabrication.  Or it could be the real thing.  If the latter, it should only be the beginning of a process of exploration and exposure.

Personally, whoever put together this list needs a lot more expertise from soldiers who actually served to pinpoint the information.  As much as possible, the role officers played in the fighting needs to be specified.  Given that they’re taking a relatively scatttershot approach to dragging everyone through the mud, I’m not sure they’ll get the kind of cooperation they’re calling for.

The list is just becoming widely known in Israel and it’s safe to say it’s causing great disquiet.  There are even those on the left in Israel who are uncomfortable with this notion (not that this is a reason not to do it).  Combat veterans anti-Occupation groups like Combatants for Peace and Breaking the Silence won’t touch it since they seek to build bridges to IDF veterans and not threaten them with war crimes convictions.

Traditionally, the private contact information, home addresses, ID numbers of senior officers are closely guarded secrets not just for personal privacy reasons but for security reasons.  This leak marks a serious break with such tradition.  And as an Israeli friend of mind wrote to me, it puts the leaker into considerable jeopardy.  He or she has become the Bradley Manning of Israel.

IDF During Cast Lead: Use a Cell Phone, Go to Paradise (or Hell)

Tuesday, November 9th, 2010
palestinian cell phone

Gaza cell phone users: use a phone, get shot (Ahmed Jadallah/Reuters)

Back in the days when U.S. politicians wanted to prove they were tough on crime there used to be a slogan: “Use a gun, go to jail.”  Now, Tzahal has improved on that with news that if you were a Gazan using a cell phone during Operation Cast Lead, you were in some cases targeted for death by the IDF.  If you were a local resident talking on a cell phone you were a target for any IDF soldier who happened to see you.

So reports the Israeli news portal Walla, noting that the Givati brigade had standing orders to shoot any Palestinian using a cell phone.  It was called the “Pelephone [an Israeli cell phone brand] rule.”  Apparently, soldiers believed that either the cell phones might be used to activate bombs or to report positions of IDF soldiers.  There are no known reports that Gazans actually used their phones for any of these purposes.  Nor is there any evidence of any general IDF warning to Gazans that they would be shot if they were seen using such equipment.

Interesting that the IDF seems not to have taken account that Gazans might be using their cell phones for legitimate purposes like making desperate calls to the Red Crescent Society to evacuate their dead or injured loved ones from homes assaulted by missiles, and from which the IDF refused to allow evacuation till many of the living had bled to death.  Or that they might be trying to ensure that their loved ones might have found safe shelter from the IDF onslaught.

According to the officer who first related the rule to military investigators, it specified that a warning was to be given the Palestinian to stop using the phone.  If the warning was ignored, then a warning shot was to be fired over his head.  If this too was ignored, then shooting at the victim was permitted.  This sounds suspiciously like a post facto justification.  I’d guess that in the field, in the rush of battlefield adrenalin, the niceties of the procedure might’ve been fudged and a frightened boy soldier might’ve shot first and asked questions never.  Not to mention, that very few Givati soldiers would know enough Arabic to be able to communicate this message to a potential victim.  Walla reports that a number of Gazans were injured by such fire.  Investigators are trying to match up reports of deaths mentioned in the Goldstone Report with this procedure to discover whether Gazans were actually killed due to it.

Lt. Col. Ilan Malka, commander of the brigade, has also been questioned about the rule to determine whether it was sanctioned at the highest command level.  Malka has also been investigated for approving the slaughter to the al-Samouni family in their home which resulted in the murder of 21 clan members and grave injuries to many more.

Edo has also posted about this story.

IDF Investigates Commander in al-Samouni Gaza Massacre

Sunday, October 24th, 2010
col. ilan malka accused of ordering al samouni massacre

Col. Ilan Malka, under investigation for ordering al-Samouni massacre (Dudu Azoulay)

Several months ago, the IDF announced publicly that it had begun investigations into two senior commanders for decisions they made during Operation Cast Lead which had been specifically singled out by the Goldstone Report as potential war crimes.  The Haaretz article reporting this, specifically mentioned one inquiry involved the use of white phosphorus against military rules in a civilian area.  That report, it turns out was incomplete.

In the past days, the IDF revealed that the second officer, Givati brigade commander Col. Ilan Malka, was responsible for the sector in which the al-Samouni clan was massacred on January 5, 2009, resulting in the deaths of nearly 30 family members taking refuse in a building to which they had been directed by Molko’s troops.  Molko specifically approved the IAF missile attack on their compound.  Before he approved the strike, several air force officers warned him that the target site might contain civilians, a warning he ignored.  Malka himself denied he had received such a warning.

For this, he is being investigated by the military prosecutor general, who has not yet decided whether to pursue any charges against him.  It should be noted that there have already been two military investigations of the al-Samouni incident in which the IDF found nothing remiss in its troops actions.  The first cleared troops of any wrongdoing.  But after the Goldstone Report singled out this assault as one of the three worst potential breaches of the laws of war that occurred during the Operation, the IDF tried again.  This time the second investigation suggested that the prosecutor take a further look at the matter.  No guarantee that anything will come of this.  But at least there is some accountability in the sense that an officer has been publicly named as being responsible for the carnage, even if he is never officially penalized for it.

al samouni family mourns dead

Al-Samouni family survivors mourn their dead (AP)

An Amira Hass article in yesterday’s Haaretz described the events that transpired to put the Samouni in the target sites of an Israeli jet.  Her account makes clear that there are officers even higher up the chain of command who bear responsibility for the grievous errors of judgment that precipitated the attack.

The day before the incident the IDF had directed 100 members of the family to evacuate a large home in which they had congregated and instead to transfer to another family residence it had already searched and cleared.  The Givati troops turned the first home into an outpost that was located some 90 feet from the second building.  After they moved, the Samounis presumed they would be safe from attack since the IDF would know their whereabouts and spare them.

Here is what led to the series of fateful blunders ending in the family’s massacre:

Several of the Samouni men even left the house on Monday morning (January 5 ) to collect wood for a fire, hoping to bake pita and heat up tea…

A small wooden structure stood next to the house, and several of the men apparently began climbing onto it to take apart the boards. This activity was seen in drone photographs shown on the screen in the war room headquarters, which according to testimony obtained by Breaking the Silence is of poorer quality than the screen before the person operating the aircraft.

In the war room, the poles the men were holding were taken to be RPGs (rocket-propelled grenades ) and the people carrying them were marked as a squad of terrorists who should be shot immediately. First the group of men outside the house was struck. They ran into the home, which was then struck twice. The structure was not destroyed, but because it was so crowded inside, dozens were killed and wounded.

Hass analyzes the technical failures that led to the decision to fire missiles on a house packed with civilians whom IDF troops had ordered there to begin with:

Until now, the order to bomb a house full of civilians has been explained and understood as an ostensibly legitimate interpretation on the part of the brigade commander of drone photographs displayed on the screen in the war room. According to the findings of human rights organizations and Haaretz investigations, during the course of Cast Lead many other civilians were killed and wounded by aerial strikes, in a similar process: based on how drone photos on war-room screens were interpreted.

The many incidents described in the human rights organizations’ reports indicate that the drone photographs are not as precise or clear as they are said to be, or that the technology considered “objective” also depends on commanders’ interpretation: Children playing on the roof are liable to be regarded as “scouts,” people trying to speak to their relatives over the phone are liable to be “signal operators for a terrorist brigade,” and families that went to the garden to feed the goats, squads of Qassam launchers.

In the case of the Samounis, the possibility of cross-referencing sophisticated technological information with human information from the field was available…

In this case, Malka was essentially warned by air force personnel that what they were seeing on the drone screens might not be what the commander thought it was.  It is a clear case of a commander in the field who is unaware of the deficiencies of the technology on which he is basing his judgments (or aware of them and proceeding anyway), placing too much trust in blurry pictures viewed by someone in a remote war room.  Further, it is crystal clear that Malka’s own troops had placed the family in the target location and somehow this intelligence was not passed to him.  No matter how this happened, whether it was Malka’s fault or that of the troops who moved the family, it is the commander’s ultimate responsibility and a grievous one.  In an army that was serious about accountability, such an officer would be relieved of his command.

Making matters worse, Malka explicitly ordered that no ambulances would be allowed in his zone of operations.  He feared they might be exploited by Hamas to capture his troops.  Testimony from veterans of Cast Lead to Breaking the Silence reveal at least four Gaza civilians bled to death after being shot by Givati soldiers under Malka’s command.  One family testified that a week after a member was injured they finally managed to walk the two miles to a rendezvous point where they met an ambulance (since none were allowed in the Givati sector).

And further testimony on this score:

According to one soldier who spoke with Breaking the Silence, brigade commander Malka insisted that if there were wounded, they should be taken on foot. But according to many reports from the field, sometimes even convoys of civilians were not allowed to progress on foot and the soldiers fired at them.

Haaretz reports that Malka’s boss and the IDF chief of staff-designate, Gen. Yoav Galant, lobbied against the current investigation, which certainly raises questions about his integrity and desire to sweep the matter under the rug.

We will see whether there is impunity or accountability in the ranks of the IDF over this incident.  No doubt the IDF wishes to do just enough but no more to mollify its international critics.  The prosecutor will make a big show of examining the evidence, may even call Malka and others to testify.  But in the end it will undoubtedly find insufficient evidence to bring a prosecution.  And so another crime of the Occupation will be swept under the rug, at least as far as Israel is concerned.  But the problem is that this method works less and less successfully.  The world tends not to forget these incidents and places declining faith in the IDF’s word that it has done its best to ensure these things don’t happen.  That’s why Goldstone has had remarkable resonance and why there have been as many serious investigations by the IDF as there have.

The Independent is also worth a read on this.

IDF Officer Accused of Manslaughter in Cast Lead

Monday, September 13th, 2010
idf officer accused of manslaughter in cast lead

IDF officer, C.S., accused of manslaughter for murdering unarmed Palestinian women holding white flags during Cast Lead

The Israeli military prosecutor has filed the most serious charge ever against an IDF officer regarding the Gaza massacre, Operation Cast Lead.  The charge of manslaughter against the Givati staff sergeant known only by the initials, C.S., (from his light-skinned complexion and blond hair, he appears to be of Russian origin) in the military indictment as released to the public, comes two years after the war and in the aftermath of the Goldstone Report.  In fact, one could say the officer is the equivalent of the Yom Kippur goat sent to Azazel, a sacrificial victim whose guilt will assuage international pressure and prevent the indictment of higher-ups who, by right, are the ones who really should be in the dock.

Not that C.S.’ behavior is anything worth defending.  The accusation is that while positioned next to his commanding officer he shot two Palestinian women holding white flags and that he did so without authorization from the commander.

Here is the victims’ family’s account of the incident from Ynetnews:

Youssef Abu Hajaj will never forget the day he lost his mother and sister. In the early hours of January 4, 2009, his family’s home near Gaza City was shelled. “My 13-year-old niece was injured so we rushed through the trees and bushes to the Safadi family’s home. We were looking for a hiding place a little further from the tanks,” he told Ynet.

Then came the incident over which an Israel Defense Forces soldier is slated to stand trial for Operation Cast Lead’s most severe violation, and is likely to face charges of manslaughter.

Hajaj said residents of the neighborhood were instructed to evacuate the area in the afternoon. “My sister Majda and Ahmad Safadi, the man who we were staying with, were waving white flags that were cut from sheets. We walked some 400 meters and then we were fired at.

“We fled again in the direction of the Safadi family home, but some 300 or 400 meters later, as we were returning in a group of 27 people, half of which were children – they opened fire at us again.”

He said his 35-year-old sister Majda, who was carrying a white flag, was hit in the shooting. “The fire was so intense that we had to leave her behind. My mother shouted, ‘Majda has fallen, Majda has fallen’. We prayed for her and kept going. Some 100 meters on there was another blow of fire, and this time, the bullets hit my mother Raya, 64-years-old, in her chest. She collapsed and we were forced to leave her behind as well.”

Hajaj said there was nothing unusual about their movement. “We were in a completely open area, but they still opened fire. We returned to the Safadi family’s home until the end of the war, and all attempts to coordinate the removal of the bodies were unsuccessful. Only at the end of the war, over two weeks afterwards, did we bury my mother and my sister.”

In his defense, the officer claims he felt the group of unarmed Gaza civilians waving white flags and walking toward him were a potential threat to his comrades and that he fired at their lower body.  The mother who was killed was shot in the chest.

C.S. was only questioned about the incident by investigators in 2009, doubtless as a result of the Goldstone Report.  Were it not for that and the testimonies compiled by B’Tselem of this and other incidents, the officer would’ve gotten away with impunity.  A lieutenant colonel and captain will also be disciplined in this incident.  Most likely their membership in the officer’s club will be suspended for a week (that’s a joke, I realize there likely isn’t an IDF officer’s club).

Sergeant C.S. must feel gratified to know that there is a Facebook group established to defend his honor, Alone Against All: Supporting S. in His Legal Fight.  One commenter on the Wall notes they explored NGOs that might help but that “there weren’t many whose mission was to help soldiers in this type of trouble.”  Hmmm.  I wonder why.  Perhaps they haven’t heard of Honenu, which is right up their alley.  Settler Assassin?  Call Honenu.  Killed an Arab or prime minister in cold blood?  Call Honenu.  Committed a war crime?  Call Honenu.

Ynet misleadingly labels this the worst case from Cast Lead, when in reality it is the worst one in which charges have been filed.  Goldstone and B’Tselem have identified other cases even worse (notably the Samouni massacre, the mosque bombing, and the UNWRA white phosphorus attack) but no charges have yet been filed in those cases.

Reasonable people will feel a sense of gratitude to Israeli NGOs like B’Tselem without which this case would’ve gone unnoticed.  For right-wing Israelis however, this is precisely the reason such NGOs should be driven out of existence.  I know which side I’m on.

H/t to reader Yakov.