Saturday, 17 January 2009

More on white Phosphorus and other illegal weapons being used in Gaza. This article appeared in the Israeli Haaretz newspaper

Is Israel using illegal weapons in its offensive on Gaza? By Amira Hass 16/01/2009 http://www.haaretz.com/hasen/spages/1055927.html The earth shaking under your feet, clouds of choking smoke, explosions like a fireworks display, bombs bursting into all-consuming flames that cannot be extinguished with water, mushroom clouds of pinkish-red smoke, suffocating gas, harsh burns on the skin, extraordinary maimed live and dead bodies. All of this is being caused by the bombs Israel is dropping on the inhabitants of the Gaza Strip, according to reports and testimonies from there. Since the first day of the Israeli aerial attack, people have been giving exact descriptions of the side effects of the bombing, and claiming that Israel is using weapons and ammunition that they have not seen during the past eight years. Furthermore, the kinds of grave injuries doctors at hospitals in the Strip have reported are providing yet another explanation for the overwhelming dread inhabitants are experiencing in any case. Advertisement It is precisely for this reason that Marc Garlasco, a senior military analyst at Human Rights Watch (HRW), has come to Israel. His mission: to examine whether the weapons that both sides are using are themselves legal and whether the use of them is legal. The American-born Garlasco has not been permitted to enter Gaza - as is also the case with people from other human rights organizations and foreign journalists. Therefore, he says, since he is unable to examine actual remnants of the explosives and see the wreckage with his own eyes, he can only guess or make assumptions in some cases. But even from afar, he has no doubt: Israel is using white phosphorus bombs. That was immediately clear to him while he stood last week on a hill facing the Gaza Strip and observed the Israel Defense Forces' bombings for several hours. Last Saturday HRW hastened to publish a call to Israel to "stop unlawful use of white phosphorus in Gaza." The use of white phosphorus is permitted on the battlefield, explains Garlasco, but the side effects on humans and the environment are severe and highly dangerous. The statement notes that the "potential for harm to civilians is magnified by Gaza's high population density, among the highest in the world." The fireworks-like explosions, the thick smoke, suffocating gas, and flames that are not extinguished by water, but rather are heightened by it - all of these are characteristic of the white phosphorus bombs the IDF is using. Garlasco believes the decision to make such extensive use of these bombs, manufactured by America's General Dynamics Corporation, stems from conclusions drawn from the Second Lebanon War, in which the IDF lost many tanks. "The phosphorus bombs create a thick smokescreen and if Hamas has an anti-tank rocket, the smoke prevents the rocket from tracking the tank," he explains. There are two ways to use the bombs: The first is to impact them on the ground, in which case the resulting thick smokescreen covers a limited area; the second way is an airburst of a bomb, which contains 116 wafers doused in phosphorus. The moment the bomb blows up and the phosphorus comes in contact with oxygen - it ignites. This is what creates the "fireworks" and billows of jellyfish-shaped smoke. The fallout covers a wide area and the danger of fires and harm to civilians is enormous. The phosphorus burns glass, and immediately ignites paper, trees, wood - anything that is dry. The burning wafers causes terrible injury to anyone who comes in contact with them. The irony is that tear gas is included in the Chemical Weapons Convention and is subject to all kinds of restrictions, whereas phosphorus is not. And in the meantime, in the hospitals in Gaza there are people lying in beds - among them many children - whose severe injuries and burns have appalled the medical teams. Missing the target Another new weapon that has forced itself upon Gazans is the GPS-guided mortar - a system equipped with satellite navigation, developed in Israel in late 2006-early 2007, in the wake of the Second Lebanon War. According to local military sources, it was this kind of mortar that missed its target by 30 meters and erroneously hit a United Nations Relief and Works Agency school last week; according to the UN report, 30 people were killed immediately and others died later of their injuries. "It really boggles my mind," Garlasco comments. "According to the literature, it has 3 meters' error - not 30." It is a mortar that is launched in an arc toward an unseen target, he explains, with the intention of being precise and to some extent minimize civilian casualties. Garlasco says this is the first time the weapon has been used in any military conflict: "The Palestinians say, 'Oh, they use it on us, experiment with it for the Americans.' Experimenting has a different meaning for Americans. We think animal experimenting, but it is indeed a field test." The new mortar was developed jointly by the Israeli weapons industry and a private American company called Alliant. Israel, notes Garlasco, has learned a lot from the wars the U.S. is waging in Afghanistan and Iraq, but above all learned from its own war in Lebanon in 2006. The mortar that was not supposed to have landed on the school was developed with the knowledge that troops "are fighting an enemy that is in a densely populated area, and here is the first time they use it." Another important lesson Israel learned from the Lebanon war is that it cannot rely entirely on the U.S. to provide weapons. During that war, when the IDF ran out of cluster bombs, Israel asked for an emergency shipment of 1,200 such munitions (each containing 644 bomblets). The United States refused, and at that point, Garlasco notes, Israel realized it could not rely solely on American help in this realm. Therefore, Israel has, for example, developed a new type of rifle, the (Tavor) TAR-21 ("an incredible weapon," says Garlasco; he can't help being complimentary) to take the place of the U.S.-made M-16. It has also invented the Delilah guided missile, but Garlasco does not know whether it has been used in Gaza. But not to worry, he adds: Despite the cluster bombs and independent Israeli development, Israel and the United States "still have a great relationship. By and large, the weaponry that Israel is using is American." Not all of the weapons are new and innovative. Most, in fact, are American products developed during the Cold War. The artillery and incendiary weapons in Israel's possession were designed to destroy Russian tanks "and not Palestinian homes," he notes. The weapons being produced now are developed in the knowledge that the target is militants who operate from within a civilian population. Yet, much of the killing and destruction in Gaza are the result of old-fashioned, cheaper and less-sophisticated weapons. Only last September did the United States grant Israel's request to supply it with 1,000 bombs of a new type, the GBU-39. They arrived at the beginning of December, and inhabitants of Rafah have witnessed their use - without knowing what they were - since the first day of the aerial attacks on the tunnels there. (The Jerusalem Post was the first to identify these as GBU-39s.) Gazans were surprised when they did not hear an explosion immediately after the Israeli aircraft fired; instead, the earth shook beneath their feet. The manufacturer of the GBU-39 is the Boeing Corporation. The small diameter and light weight of these guided bombs ensure that any fighter plane can carry a large number of them and thus increase the number of attacks in every sortie. Garlasco says that the weapon is very accurate and penetrates deep into the earth. It is also designed to minimize collateral damage, since it does not explode over a large area like other bombs do. But other types of bombs are also being used and are destroying houses along the border with Egypt. Gazans have noticed that there are bombs that produce mushroom clouds in various shades of red. Here, Garlasco admits, "I can only speculate. It looks like Israel is maybe using a new weapon that it was not using before: DIME - the dense inert metal explosive, consisting of 25 percent TNT and 75 percent tungsten, a heavy metal. You mix the two, in a fine grain, like pepper, and when the bomb hits the ground it aerosolizes. In less than a second, the mist dissipates and explodes." He says the advantage of DIME is that "it strikes a very small area, 10 to 20 meters, and the fire it ignites burns out very quickly; if it hits us now, we will die, but no one around us will be hurt. The problem is that when you are killed - you are ripped to shreds and there is nothing left." Indeed, the injuries DIME causes are in general more severe than those caused by a "regular" bomb. A paramedic at the Al-Awda Hospital in the Jabalya refugee camp has told the Palestinian Center for Human Rights that about 90 percent of the wounded he has rescued during the past few weeks were brought in with at least one limb missing. Is it the DIME that is causing the severe injuries being reported by the medical staff? Garlasco says there are "only rumors. No one has ever seen it used before, maybe it is being used now, but with Israel not letting in journalists and human rights organizations, these rumors are growing, and people say that Israeli is using terrible new weapons." Perhaps, he says, the redness is a result of the metal in the explosives, but it will only be possible to ascertain this if experts are allowed into the Gaza Strip, or they talk to the IDF. Garlasco notes that herein lies the big difference between the Israeli army and the American army: As a worker for a human rights organization, he receives daily e-mails from the U.S. Air Force with a detailed report of the bombs it has dropped in Afghanistan and Iraq. "The Israelis would never do that," he explains. "They would never talk about what weapons they use and will never allow any discussion in society of whether the weapons should be used." Another new weapon that he believes is now in use is the Spike: "It is very new, [from] 2005-2006, a special missile that is made to make very high-speed turns, so if you have a target that is moving and running away from you, you can chase him with the weapon. It was developed by the U.S. Navy jointly with Rafael [the Israel Armament Development Authority]. Rafael is the manufacturer." Drones, incidentally, are a totally Israeli product, he notes; Israel is the world leader in this field, and America is learning a lot from it. The warships bombing Gaza are also Israeli made. But the cannons on the ships are Italian, produced by the Oto Melera company. From his frustrating observation point outside Gaza, and on the basis of Israel's "very bad record of using cluster bombs in Lebanon and selling them to Georgia," Garlasco says he is worried that Israel is also now using the APAM (Anti Personnel/Anti Materiel) - a new type of round, or unit of ammunition, for tanks that was developed after Lebanon, each of which contains six cluster bombs. The tank guns aim above a target that is hiding behind some kind of cover and the ammunition explodes above people's heads - like those of Iz al-Din al-Qassam cells, for example, when they are firing rockets. The other side Garlasco and Human Rights Watch also examine the other side, and he says, "We believe that the Grad and Qassam are illegal weapons because they are not accurate enough to be used in this situation." He adds that Hamas makes frequent use of land mines and explosive charges that are liable to injure civilians. However, because he and his fellow experts can't go into Gaza, "We don't know what the extent of any [Palestinian] civilian casualties is because of Hamas - whether they are shooting soldiers and their bullets end up killing civilians, or whether their anti-tank missiles miss an Israeli tank and hit a house. We don't know." In 2005, Garlasco met with a political representative of Hamas and told him that use of Grads is a contravention of the Geneva Convention. The reply he got from the Hamas man was: "'All Israelis are military.' And I explained to them that their reading of international law is wrong." It is amazing, he adds, that the Palestinians can manufacture the Qassams under the conditions in Gaza. The Grad, however, "is a real military weapon, three meters long. It has a significant warhead. The problem is that it is designed to be fired in mass, to be fired 21 rockets at a time, so that you are covering an area and you are having a shock effect. You don't only have an explosion, but also a shock and it covers a big area. Shooting one at a time is almost useless from a military perspective." As for the Israeli claim about weapons and ammunition being hidden in public buildings such as mosques, Garlasco reiterates that only independent sources will be able to examine this claim and clarify its veracity. If the mosques blown up in the heart of densely populated residential neighborhoods indeed served as hiding places for weapons and ammunition, he would expect to see many secondary explosions, which would have caused significant collateral damage and deep craters. It is difficult to analyze the Israeli claims on the basis of photographs, he notes. Garlasco is not prepared to accept without question the Israeli claim that Hamas hides behind civilians and makes use of civilians. "Israelis are very quick to say they are doing it, but very short on proof. By keeping the independent people out, they leave doubt in people's minds." Furthermore, he believes, Israel has a record of not telling the truth: "They said in Lebanon they did not use cluster bombs. We found 4 million. They evade answering that they use phosphorus, and we stand there every day watching. They claim to have bombed a truck full of Grad missiles, and according to witnesses who spoke with Haaretz, it turned out to be a truck with oxygen tanks. Not everything that is long is a missile. How can anyone trust the Israeli military?'" The IDF Spokesman responds: "The IDF is fighting the terror elements while meticulously observing the rules of engagement under international law. For understandable operational reasons, the IDF will not relate to a detailing of the materiel that is in its possession and the parameters in which it used. It should be emphasized, however, that the IDF uses only methods and materiel that are permitted under international law."

Sir Gerald Kaufman MP complete speech - 15 January 2009 puts an historical context on developing Gazan Tragedy

House of Commons Hansard Debates for 15 January 2009 http://www.publications.parliament.uk/pa/cm200809/cmhansrd/cm090115/debtext/90115-0013.htm 3.5 pm Sir Gerald Kaufman (Manchester, Gorton) (Lab): I was brought up as an orthodox Jew and a Zionist. On a shelf in our kitchen, there was a tin box for the Jewish National Fund, into which we put coins to help the pioneers building a Jewish presence in Palestine. I first went to Israel in 1961 and I have been there since more times than I can count. I had family in Israel and have friends in Israel. One of them fought in the wars of 1956, 1967 and 1973 and was wounded in two of them. The tie clip that I am wearing is made from a campaign decoration awarded to him, which he presented to me. I have known most of the Prime Ministers of Israel, starting with the founding Prime Minister David Ben-Gurion. Golda Meir was my friend, as was Yigal Allon, Deputy Prime Minister, who, as a general, won the Negev for Israel in the 1948 war of independence. My parents came to Britain as refugees from Poland. Most of their families were subsequently murdered by the Nazis in the holocaust. My grandmother was ill in bed when the Nazis came to her home town of Staszow. A German soldier shot her dead in her bed. My grandmother did not die to provide cover for Israeli soldiers murdering Palestinian grandmothers in Gaza. The current Israeli Government ruthlessly and cynically exploit the continuing guilt among gentiles over the slaughter of Jews in the holocaust as justification for their murder of Palestinians. The implication is that Jewish lives are precious, but the lives of Palestinians do not count. On Sky News a few days ago, the spokeswoman for the Israeli army, Major Leibovich, was asked about the Israeli killing of, at that time, 800 Palestinians—the total is now 1,000. She replied instantly that “500 of them were militants.” That was the reply of a Nazi. I suppose that the Jews fighting for their lives in the Warsaw ghetto could have been dismissed as militants. The Israeli Foreign Minister Tzipi Livni asserts that her Government will have no dealings with Hamas, because they are terrorists. Tzipi Livni’s father was Eitan Livni, chief operations officer of the terrorist Irgun Zvai Leumi, who organised the blowing-up of the King David hotel in Jerusalem, in which 91 victims were killed, including four Jews. Israel was born out of Jewish terrorism. Jewish terrorists hanged two British sergeants and booby-trapped their corpses. Irgun, together with the terrorist Stern gang, massacred 254 Palestinians in 1948 in the village of 15 Jan 2009 : Column 408 Deir Yassin. Today, the current Israeli Government indicate that they would be willing, in circumstances acceptable to them, to negotiate with the Palestinian President Abbas of Fatah. It is too late for that. They could have negotiated with Fatah’s previous leader, Yasser Arafat, who was a friend of mine. Instead, they besieged him in a bunker in Ramallah, where I visited him. Because of the failings of Fatah since Arafat’s death, Hamas won the Palestinian election in 2006. Hamas is a deeply nasty organisation, but it was democratically elected, and it is the only game in town. The boycotting of Hamas, including by our Government, has been a culpable error, from which dreadful consequences have followed. The great Israeli Foreign Minister Abba Eban, with whom I campaigned for peace on many platforms, said: “You make peace by talking to your enemies.” However many Palestinians the Israelis murder in Gaza, they cannot solve this existential problem by military means. Whenever and however the fighting ends, there will still be 1.5 million Palestinians in Gaza and 2.5 million more on the west bank. They are treated like dirt by the Israelis, with hundreds of road blocks and with the ghastly denizens of the illegal Jewish settlements harassing them as well. The time will come, not so long from now, when they will outnumber the Jewish population in Israel. It is time for our Government to make clear to the Israeli Government that their conduct and policies are unacceptable, and to impose a total arms ban on Israel. It is time for peace, but real peace, not the solution by conquest which is the Israelis’ real goal but which it is impossible for them to achieve. They are not simply war criminals; they are fools.

Friday, 16 January 2009

Israel’s bombardment of Gaza is not self-defence – it’s a war crime

From
January 11, 2009

Israel’s bombardment of Gaza is not self-defence – it’s a war crime

ISRAEL has sought to justify its military attacks on Gaza by stating that it amounts to an act of “self-defence” as recognised by Article 51, United Nations Charter. We categorically reject this contention.

The rocket attacks on Israel by Hamas deplorable as they are, do not, in terms of scale and effect amount to an armed attack entitling Israel to rely on self-defence. Under international law self-defence is an act of last resort and is subject to the customary rules of proportionality and necessity.

The killing of almost 800 Palestinians, mostly civilians, and more than 3,000 injuries, accompanied by the destruction of schools, mosques, houses, UN compounds and government buildings, which Israel has a responsibility to protect under the Fourth Geneva Convention, is not commensurate to the deaths caused by Hamas rocket fire.

For 18 months Israel had imposed an unlawful blockade on the coastal strip that brought Gazan society to the brink of collapse. In the three years after Israel’s redeployment from Gaza, 11 Israelis were killed by rocket fire. And yet in 2005-8, according to the UN, the Israeli army killed about 1,250 Palestinians in Gaza, including 222 children. Throughout this time the Gaza Strip remained occupied territory under international law because Israel maintained effective control over it.

Israel’s actions amount to aggression, not self-defence, not least because its assault on Gaza was unnecessary. Israel could have agreed to renew the truce with Hamas. Instead it killed 225 Palestinians on the first day of its attack. As things stand, its invasion and bombardment of Gaza amounts to collective punishment of Gaza’s 1.5m inhabitants contrary to international humanitarian and human rights law. In addition, the blockade of humanitarian relief, the destruction of civilian infrastructure, and preventing access to basic necessities such as food and fuel, are prima facie war crimes.

We condemn the firing of rockets by Hamas into Israel and suicide bombings which are also contrary to international humanitarian law and are war crimes. Israel has a right to take reasonable and proportionate means to protect its civilian population from such attacks. However, the manner and scale of its operations in Gaza amount to an act of aggression and is contrary to international law, notwithstanding the rocket attacks by Hamas.

Ian Brownlie QC, Blackstone Chambers

Mark Muller QC, Bar Human Rights Committee of England and Wales

Michael Mansfield QC and Joel Bennathan QC, Tooks Chambers

Sir Geoffrey Bindman, University College, London

Professor Richard Falk, Princeton University

Professor M Cherif Bassiouni, DePaul University, Chicago

Professor Christine Chinkin, LSE

Professor John B Quigley, Ohio State University

Professor Iain Scobbie and Victor Kattan, School of Oriental and African Studies

Professor Vera Gowlland-Debbas, Graduate Institute of International and Development Studies, Geneva

Professor Said Mahmoudi, Stockholm University

Professor Max du Plessis, University of KwaZulu-Natal, Durban

Professor Bill Bowring, Birkbeck College

Professor Joshua Castellino, Middlesex University

Professor Thomas Skouteris and Professor Michael Kagan, American University of Cairo

Professor Javaid Rehman, Brunel University

Daniel Machover, Chairman, Lawyers for Palestinian Human Rights

Dr Phoebe Okawa, Queen Mary University

John Strawson, University of East London

Dr Nisrine Abiad, British Institute of International and Comparative Law

Dr Michael Kearney, University of York

Dr Shane Darcy, National University of Ireland, Galway

Dr Michelle Burgis, University of St Andrews

Dr Niaz Shah, University of Hull

Liz Davies, Chair, Haldane Society of Socialist Lawyer

Prof Michael Lynk, The University of Western Ontario

Steve Kamlish QC and Michael Topolski QC, Tooks Chambers