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20 sept 2014
Mossawa: "Worsening Situation for Arab Community in Israel"
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Mossawa, the advocacy centre for Arab citizens in Israel, recently published its latest report on systematic discrimination suffered by the Arab community within Israel. The latest Israeli offensive in Gaza has triggered a worsening situation, with raised tensions and racist incitement against Palestinians.

According to the Palestinian News Network (PNN), Mossawa's updated report on the Legal Status of Arab Citizens in Israel has detailed all discriminatory laws, proposed legislation and policies implemented by the Israeli government. The findings "paint the picture of a worsening situation for the Arab community in Israel."

Since the elections in 2009, over 35 discriminatory bills have been proposed in the Knesset -- more than any other Knesset assembly.

Arab citizens in Israel are discriminated against in almost all aspects of life, from education and employment to land allocation. Mossawa's report points to the lack of an official constitution, as well as a paradoxical definition of Israel as both a Jewish and Democratic state, as key factors in the continuing discrimination against Arab citizens.

Related: Netanyahu Seeks to Codify 'Jewish Statehood' Into Law
Netanyahu: Talmud Will be the Basis of Israeli Law
Kerry Plan Includes Palestinian Recognition of Israel as Jewish State


There has been growing discrimination, racism and out right violence against the Arab community -- both Christian and Muslim -- leading up to and during Israeli aggressions on the Gaza Strip.

PNN further reports that the new wave of Israeli discriminatory laws and policies, over the last decade, demonstrates the ongoing unequal treatment of the Palestinian Arab community and the further entrenchment of their status as second‐class citizens. The two‐tiered nature of Israel's legal system operates to privilege the interests of the Jewish community, while simultaneously disenfranchising its Palestinian Arab minority.

This would evidently challenge Israel's self-perceived status as a "democratic state" within the international community.

In light of systemic legal discrimination in Israel against Palestinian Arab citizens, the Mossawa Center continues to expose and challenge Israel's discriminatory legal regime, whilst advocating for equality, minority status recognition and indigenous rights.

16 sept 2014
26 Post-ceasefire Violations Documented by Canadian-based Think Tank
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On 26 August a ceasefire between Israel and Hamas was agreed, bringing a fragile end to a war that killed 2150 Palestinians (mostly civilians) and 73 Israelis (mostly soldiers). Since then Hamas has not fired a single rocket, attacked an Israeli target, or done anything to break the terms of the ceasefire. Israel has done the following:

1. Annexed another 1500 acres of West Bank land
2. Seized $56 million of PA tax revenue
3. Not lifted the illegal blockade (as required by the ceasefire)
4. Broken the ceasefire by firing at fishermen on four separate occasions
5. Detained six fishermen
6. Killed a 22-year-old, Issa al Qatari, a week before his wedding
7. Killed 16-year-old Mohammed Sinokrot with a rubber bullet to the head
8. Tortured a prisoner to the point of hospitalisation
9. Refused 13 members of the European Parliament entry into Gaza
10. Detained at least 127 people across the West Bank, including a seven-year-old boy in Hebron and two children, aged seven and eight, taken from the courtyard of their house in Silwad – and tear-gassed their mother
11. Continued to hold 33 members of the Palestinian Legislative Council in prison
12. Continued to hold 500 prisoners in administrative detention without charge or trial
13. Destroyed Bedouin homes in Khan al Ahmar, near Jerusalem, leaving 14 people homeless, and unveiled a plan to forcibly move thousands of Bedouin away from Jerusalem into two purpose-built townships
14. Destroyed a dairy factory in Hebron whose profits supported an orphanage
15. Destroyed a family home in Silwan, making five children homeless
16. Destroyed a house in Jerusalem where aid supplies en route to Gaza were being stored
17. Destroyed a well near Hebron
18. Set fire to an olive grove near Hebron
19. Raided a health centre and a nursery school in Nablus, causing extensive damage
20. Destroyed a swathe of farmland in Rafah by driving tanks over it
21. Ordered the dismantling of a small monument in Jerusalem to Mohamed Abu Khdeir, murdered in July by an Israeli lynch mob
22. Continued building a vast tunnel network under Jerusalem
23. Stormed the al Aqsa mosque compound with a group of far right settlers
24. Assisted hundreds of settlers in storming Joseph’s Tomb in Nablus
25. Prevented students from entering al Quds University, firing stun grenades and rubber bullets at those who tried to go in
26. Earned unknown millions on reconstruction materials for Gaza, where 100,000 people need their destroyed homes rebuilt. The total bill is estimated at  $7.8 billion

PCHR Finds Torture Evidence Among Prisoners Taken During Gaza Assault
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Lawyers from the Palestinian Center for Human Rights have visited prisoners detained during the Israeli assault on Gaza and confirmed evidence of torture, according to the PNN.

The lawyers reportedly gained access to Ashkelon Prison, where they visited 4 Palestinian detainees arrested during the latest Israeli offensive on the Gaza Strip, subsequently confirming that the prisoners were subjected to various forms of torture whilst in detention.

These forms included being beaten and being shackled between two chairs for long hours; a practice called "shabeh", which inflicts sensory isolation, sleep deprivation, physical and psychological pain.

According to PCHR's documentation, PNN reports that Israeli forces arrested dozens of Palestinian civilians during the offensive on the Gaza Strip; 31 of whom were transferred to Israeli prisons.

Later, 4 of the aforementioned detainees were released, while 27 remained in custody and were charged of being members of armed groups -- save one Samir al-Najjar, who was charged of being an “illegitimate combatant."

The accusation of belonging to armed resistance groups is crucial, says the PCHR, for as they are considered prisoners of war, no official indictments can be presented under international law.

The PCHR continues its efforts to pursue Israeli war crimes through international courts, and based on the principle of universal jurisdiction, to bring them before justice, given that torture is an international crime.

Poll: Only 10 percent of Gazans would vote for Abbas
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Only 10 percent of Palestinians in Gaza would vote for current president Mahmoud Abbas if elections were held now, according the results of a recent poll released Tuesday.

Some 29.8 percent would vote for senior Hamas official Ismail Haniyeh, who headed the former government in the Strip, the poll, conducted by the Gaza-based House of Wisdom Institute, showed.

Twenty-eight percent would choose jailed Fatah leader Marwan Barghouti, and 32.4 percent would choose a different candidate.

Meanwhile, the Fatah and Hamas movements would be neck in neck in legislative elections, with 30.8 percent for Fatah and 30 percent for Hamas.

Regarding the Israeli assault on Gaza, 73.6 percent of those surveyed were satisfied with the performance of the militant factions in "resisting and withstanding" Israeli forces.

A plurality thought the Israeli aggression unified Palestinians, but thought that disputes between Hamas and Fatah would continue in the aftermath of the war.

Over 40 percent said they were dissatisfied with the conditions of the Egyptian-brokered truce deal, in which Israel agreed to expand the fishing zone off Gaza's coast and to ease the siege on the coastal enclave. On top of that, nearly 60 percent said they expected Israel not to abide by the deal at all.

The survey was conducted in 30 locations across Gaza -- three areas in the Northern governorate, eight in Gaza City, six in the Middle Area district, seven in Khan Younis, and six in Rafah.

Israel's assault on Gaza lasted seven weeks, leaving over 2,100 Palestinians dead and over 11,000 injured. It came as Palestinian leaders were working to implement a West Bank-Gaza unity government agreed upon in April.

In the aftermath of the war, tensions between Hamas and Fatah have increased, with Abbas accusing the Islamist movement of running a "shadow government" in Gaza and Hamas leaders arguing that the unity government is not doing enough in the Strip.

15 sept 2014 
PCHR Weekly Report: 6 Palestinians killed, 8 wounded by Israeli forces this week
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Israeli troops abduct a child

In its Weekly Report On Israeli Human Rights Violations in the Occupied Palestinian Territories for the week of 04- 10 September 2014, the Palestinian Center for Human Rights (PCHR) found that Israeli forces killed a Palestinian civilian in al-Am'ari refugee camp in Ramallah.

In addition, 4 Palestinian civilians, including a child, died of wounds they sustained during the latest Israeli offensive on the Gaza Strip. A Palestinian child died of wounds he sustained in occupied Jerusalem.

A child was wounded when Israeli forces moved into Ya’bad village in Jenin and opened fire.

Israeli forces continued to use force against peaceful protests in the West Bank. 7 civilians, including a child, were wounded during peaceful protests in Kufor Qaddoum and Selwad villages and the vicinity of Ofer detention facility.

Israeli attacks in the West Bank:

During the past week, Israeli forces conducted 60 incursions into Palestinian communities in the West Bank. 56 Palestinian civilians, including 16 children, were abducted. 9 of those civilians, including 3 children, were abducted in occupied Jerusalem and its suburbs.

Israeli forces established dozens of checkpoints in the West Bank. At least 9 Palestinian civilians, including 5 children, were abducted at military checkpoints in the West Bank.

Israeli forces carried out a number of incursions into villages, house raids and abductions in occupied Jerusalem. 7 Palestinian civilians, including 2 journalists and a cameraman, were wounded in Wad al-Jouz neighborhood, east of Jerusalem’s Old City.

During the reporting period, Israeli forces killed a Palestinian civilian in al-Am'ari refugee camp in Ramallah, while a child died in Jerusalem of wounds he sustained last week. In addition, 4 other Palestinian civilians, including a child, died of wounds they sustained during the latest Israeli offensive on the Gaza Strip. During the reporting period, 15 civilians, including 2 children and 2 journalists, were wounded in the West Bank and occupied East Jerusalem.

In the West Bank, on Wednesday, 10 September 2014, Israeli forces wilfully killed a Palestinian civilian who was standing with his friends in al-Amari refugee camp. According to investigations conducted by PCHR and statements of eyewitnesses, at approximately 03:30 on the abovementioned day, Israeli forces moved into al-Am'ari refugee camp, north of Ramallah. They deployed in the streets and moved into al-Sarisi neighbourhood for arrests. Israeli soldiers raided and searched a house belonging to the family of Alaa Suleiman Ali Jalaytah (24). They damaged the house contents and abducted him. A number of Palestinian youngsters gathered and threw stones at Israeli soldiers who fired rubber-coated metal bullets, sound bombs and tear gas canisters in response. Moreover, Israeli soldiers approached the youngsters and fired heavily at them. At approximately 04:45, Israeli soldiers got into the military vehicles to withdrew, but 10 soldiers stepped out of a troop carrier. A soldier fired at a group of 4 young men who were standing near al-Am'ari Grand Mosque.

As a result, Essa Khaled Essa Qatari (23) sustained a bullet wound to the left side of the chest. He was taken by a taxi to Palestine Medical Compound in Ramallah. Doctors tried to revive his heart in the intensive care unit, but their efforts failed to save his life. A medical source pronounced him dead. According to testimonies of the victim's friends, after Essa was shot, he ran about 70 meters and then fell to the ground. He was bleeding from the back. There were no clashes in the area and Israeli forces were about to withdrew, but suddenly some soldiers stepped out of a vehicle and fired at al-Qatari.

In a separate incident, on 07 September 2014, a medical source at Hadassah Hospital in Jerusalem pronounced Mohammed Sunqrut (16) dead of wounds he sustained in the Old City of East Jerusalem, on 31 August 2014.

On 5 September 2014, Israeli forces moved into al-‘Izrayya, east of Jerusalem, and abducted a Palestinian child.

On 6 September 2014, Israeli forces moved into al-‘Isawia village, northeast of Jerusalem. They abducted 2 Palestinian civilians.

On 7 September 2014, Israeli forces moved into Shams al-Dein al-Asuti area in Wadi al-Jouz neighborhood after the death of Muahmmed Abdel Majid Sunqrut (16). Israeli soldiers fired rubber-coated bullets, sound bombs, and tear gas canisters at Palestinian youths who participated in the clashes. Settlers and Israeli soldiers threw stones and empty bottles at Palestinians’ cars and injured many of them.

On 8 September 2014, Israeli forces moved into Wadi al-Jouz area in the same time of Muahmmed Abdel Majid Sunqrut’s funeral in al-Mujahdin cemetery in Bab al-Sahera Gate. Dozens of civilians surfed tear gas inhalation and some sustained bruises as they were beaten up by Israeli soldiers. Moreover, Qassam Barqan, Sunqrut’s uncle, and Muahmmed Ibrahim S’adi (61) were wounded. Israeli forces abducted 4 civilians who were participating in the funeral.

On 9 September 2014, the Israeli police abducted Mizid Muahmmed al-Abbasi (12) when he was heading home from school in Silwan neighborhood, east of the Old City in Jerusalem.

Israeli attacks in the Gaza Strip:

In the Gaza Strip, although 2 weeks have passed since the Egyptian-brokered truce agreement between the Palestinian armed groups and Israel entered into force, the catastrophic consequences of the 51-day Israeli offensive on the Gaza Strip have been present. During the reporting period, a number of wounded persons died of wounds they sustained during the offensive. Hundreds of wounded Palestinians have been receiving medical treatment in hospitals in the West Bank and Gaza Strip and other hospitals abroad for the seriousness of their wounds. In the meanwhile, Israeli forces violated the truce several times by opening fire at Palestinian fishing boats that were sailing within the allowed fishing area and arresting a number of fishermen.

In the context of chasing Palestinian fishermen in the sea, on 07 September 2014, Israeli navy forces opened fire at fishing boats off al-Sudaniyah area, west of Jabalia, and off al-Waha resort, northwest of Beit Lahia town in the northern Gaza Strip. On 08 September, Israeli forces opened fire again in the same 2 areas. Neither material damage nor casualties were reported. It should be noted that firing at fishermen is part of the Israeli violations of the long-term truce that was declared at 19:00 on Tuesday, 26 August 2014. On 09 September 2014, 4 fishermen were abducted off al-Waha resort, northwest of Beit Lahia, after they had been chased within a distance of 1.5 nautical miles. Israeli forces confiscated their fishing boat and equipment.

On Tuesday 9 September, according to investigations conducted by PCHR and testimonies of other fishermen, Israeli gunboats surrounded 2 fishing boats in 2 separate incidents and frightened the fishermen on board by opening fire at them. Israeli navy forces ordered the 4 fishermen to jump into the water and swim towards the gunboats. In addition, they tied the 2 fishing boats to the gunboats and seized them. The 4 fishermen were abducted and taken to an unknown destination. It should be noted that the detention of these 4 fishermen is the second of its kind off the northern shore, as Israeli forces abducted 2 fishermen on Monday, 03 September 2014 from the same area.

This violation is part of the Israeli violations of the long-term truce that was decalred at 19:00 on 26 August 2014 which allowed fishermen to sail and fish up to 6 nautical miles.

On the same day, at approximately 07:00, medical sources at an Egyptian hospital pronounced Rahaf Suleiman ‘Awad Abu Jame’ (5) dead due to her serious wound she sustained on 25 July 2014, when Israeli forces destroyed her uncle’s house to which her family resorted during the Israeli ground incursion into al-Zannah area in Bani Suhailah village. Due to the seriousness of her wound, Rahaf was transferred to an Egyptian hospital.

Israel has continued to impose a total closure and has isolated the Gaza Strip from the outside world.

Israeli settlement activities:

Israeli forces have continued to support settlement activities in the West Bank and Israeli settlers have continued to attack Palestinian civilians and property.

Israeli forces closed 4 agricultural roads in the west of Ethna, west of Hebron. Israeli settlers moved into Joseph Tomb area, east of Nablus, and performed religious rituals. A woman sustained bruises as settlers stoned her vehicle on a bypass road leading to al-Bireh.

On 4 September 2014, Israeli forces backed by 3 military vehicles and a bulldozer moved into the agricultural lands, west of Ezna village, west of Hebron. These agricultural lands are located near the annexation wall which prevents its owners from reaching them.

On 4 September 2014, dozens of settlers guarded by Israeli forces moved into Joseph Tomb area, east of Nablus, and preformed their religious rituals there. Dozens of Palestinian youths gathered and threw stones and empty bottles at them. Israeli soldiers fired sound bombs and tear gas canisters in response.

On the same day, a group of settlers threw stones from “Beit Eil” settlement at a Palestinian vehicle traveling on the bypass to al-Berih, 300 meters east of Beit Eil checkpoint. As a result, Manal Lutfi Sharif Taher (40) sustained wounds, a fracture in her jaw, and bruises to her right hand.

On Sunday 7 September, at approximately 18:00, Israeli forces moved from “Tarsalah” settlement that was evacuated in 2005 into the area around al-Fondoqomya village, south of Jenin. A local source stated to a PCHR fieldworker that Israeli forces established their tents and stayed in the area for a while. They withdrew later and no further incidents were reported. It should be noted that the abovementioned settlement was seized by Israeli forces following the 1967 Arab-Israeli War, as it had been a camp for the Jordanian army. The Jordanian army established the camp in 1952 and built a mosque there in 1965. After Israeli forces seized the camp they turned the mosque into a Jewish synagogue and the camp into a settlement. Israeli forces moved into this evacuated area now and then, while Israeli settlers sneak into the evacuated settlement in Jenin under Israeli forces' protection to perform religious rituals.

Israeli attacks on non-violent demonstrations:

Israeli forces used excessive force against peaceful protests organised by Palestinian civilians, international and Israeli human rights defenders in protest at the construction of the annexation wall and settlement activities in the West Bank. As a result, a 19-year-old civilian sustained a bullet wound to the right leg and a 60-year-old civilian was hit by a gas canister to the left leg during Kufor Qaddoum protest, northeast of Qalqilya. Many other civilians suffered tear gas inhalation and others sustained bruises as they were beaten up by Israeli soldiers.

In the same context, 5 Palestinian civilians, including a child and 2 brothers, were wounded during other protests.

Following the Friday Prayer on 05 September 2014, dozens of Palestinian civilians and international and Israeli human rights defenders organized a peaceful demonstration in Bil’in, west of Ramallah, in protest at the construction of the annexation wall and settlement activities. The demonstrators took the streets raising the Palestinian flags and headed to the liberated territories near the annexation wall. Early in the morning, Israeli forces closed all entrances to the village to prevent Palestinian civilians and international and Israeli human rights defenders from participating in the protests. Protestors marched by the annexation wall and tried to cross the fence. Israeli soldiers stationed behind the wall, in the western area, and a large number of soldiers deployed along it, fired live bullets, tear gas canisters, rubber-coated steel bullets, sound bombs and waste water at them and chased them into the olive fields.

As a result, several demonstrators suffered tear gas inhalation and others sustained bruises as they were beaten up by Israeli soldiers.

At the same time, dozens of Palestinian civilians organized a peaceful demonstration in Nil'in village, west of Ramallah, in protest at the construction of the annexation wall and settlement activities. The demonstrators made their way towards the annexation wall. Israeli forces closed the wall gate with barbwire and, when the demonstrators attempted to access the lands behind the barbwire, they were stopped by Israeli soldier. The demonstrators threw stones at the Israeli soldier who responded with live ammunition, rubber-coated metal bullet, sound bombs, tear gas canisters, and waste water at them and chased them into the village.

As a result, several demonstrators suffered tear gas inhalation and others sustained bruises as they were beaten up by Israeli soldiers.

Around the same time, dozens of Palestinian civilians and Israeli and international human rights defenders organised a peaceful demonstration in Nabi Saleh village, southwest of Ramallah, in protest at the construction of the annexation wall and settlement activities. The demonstrators made their way in the streets raising the Palestinian flags and chanting slogans against the occupation and in support of the Palestinian unity, and they then headed to the lands that the settlers are trying to rob by force near “Halmish” settlement. Israeli forces had closed all the entrances of the village since the morning to prevent Palestinian and international activists and journalists from participating in the demonstration. When they arrived at the aforementioned land, demonstrators were met by live bullets, tear gas canisters, rubber-coated steel bullets, sound bombs and waste water and were chased into the village.

As a result, many civilians suffered tear gas inhalation and others sustained bruises due to being beaten up by Israeli soldiers.

Also following Friday prayer, dozens of Palestinian civilians and international human rights defenders gathered at the northern entrance of Wadi Fouqin village, west of Bethlehem to organize a protest against the Israeli decision to seize thousands of dunums from the village and other villages. The demonstrators made their way towards lands threatened to be seized carrying Palestinian flags and posters against the Israeli occupation. In addition, they planted olive seedlings in the area adjacent to “Betar Elit” settlement. In the meanwhile, Israeli forces fired sound bombs, tear gas canisters and rubber-coated metal bullets at the demonstrators.

As a result, a number of civilians suffered tear gas inhalation.

Also at approximately 13:20, Palestinian civilians and international solidarity activists organized a protest in the center of Kufor Qaddoum village, northeast of Qalqilya, heading to the eastern entrance of the village in protest against closing that entrance since the beginning of the al-Aqsa Intifada with an iron gate. The demonstrators threw stones at Israeli soldiers, who fired rubber-coated metal bullets, sound bombs and tear gas canisters in response.

As a result, a 19-year-old civilian sustained a bullet wound to the right leg and a 60-year-old man was hit by a gas canister to the left leg.

On Friday afternoon, 05 September 2014, dozens of Palestinian young men gathered at the western entrance of Selwad village, northeast of Ramallah on the road between Selwad village and Yabrod village near Street (60), to throw stones at the aforementioned street. Israeli soldiers fired live ammunition, rubber-coated metal bullets, sound bombs and tear gas canisters at the civilians, and chased them into the village.

As a result, 4 civilians, including 2 brothers, were wounded and taken to Palestine Medical Compound in Ramallah. A 24-year-old male sustained 2 bullet wounds to the neck, a 25-year-old male sustained 3 bullet wounds to the legs, a 23-year-old male sustained a bullet wound to the chest and a 24-year-old male sustained a bullet wound to the left knee.

On Friday afternoon, dozens of youngsters gathered from different areas of Ramallah and al-Bireh in the vicinity of Ofer detention facility, southwest of Ramallah. They headed towards the facility’s gate that was closed by Israeli soldiers. They set fire to tyres and threw stones and empty bottles at the soldiers. Israeli forces deployed around the detention facility and started firing live and rubber-coated metal bullets, sound bombs and tear gas canisters.

As a result, a 17-year-old male sustained a bullet wound to the right thigh and was taken to Palestine Medical Compound in Ramallah for medical treatment.

Recommendations to the international community:

Due to the number and severity of Israeli human rights violations this week, the PCHR made several recommendations to the international community. Among these were a recommendation that the international community and the United Nations use all available means to allow the Palestinian people to enjoy their right to self-determination, through the establishment of the Palestinian State, which was recognized by the UN General Assembly with a vast majority, using all international legal mechanisms, including sanctions to end the occupation of the State of Palestine;

In addition, PCHR calls upon the United Nations to provide international protection to Palestinians in the Occupied Palestinian Territories, and to ensure the non-recurrence of aggression against the Occupied Palestinian Territories, especially the Gaza Strip;

For the full text of the report, click on the link

9 sept 2014
Media Coverup of Israeli Crimes against Humanity in Gaza: An Urgent Call to Confront the Mainstream Media
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After 50 days of Israeli attacks on a basically defenseless civilian population in Gaza, the pro-Israeli media is now trying to blame the victims for the devastation.  Worse, Israel’s supporters are running scurrilous ads that malign Hamas, even comparing it to ISIS.  The editors and publishers of such media must urgently be confronted with demands that their outlets reflect the facts rather than the attacks on Palestnian resistance and the pro-Israeli re-writing of history.

Israel’s genocidal attack on Gaza illustrated Israel’s use of its Dagan Plan, using Israeli civilian deaths as an excuse to cause massive Palestinian casualties and its Dahiya Doctrine, causing such extensive destruction that it would take decades to recover, thus weakening the government.  Israel not only targeted civilians (Washington Blog) (almost 2200 were murdered, with 11,000 injured) but also targeted the civilian infrastructure such as UN facilities, schools, hospitals, clinics, ambulances and medics, virtually every mosque, and the only power plant, which provided potable water.  Hundreds of thousands were left homeless;  entire families were wiped out; entire neighborhoods were razed to the ground.  Gaza has been left with little food, no potable water, a lack of critical medical supplies, electricity, or even material to rebuild with.

According to recent media accounts, Hamas was responsible for the devastation of Gaza:  Hamas not only supposedly kidnapped and murdered the three settler students on June 12th, they also initiated the attacks on Israel, forcing Israel to “defend itself” by obliterating Gaza’s infrastructure and devastating their population.  Hamas, according to such accounts, refused legitimate ceasefire deals and even broke the temporary ceasefires.  Israel appears to be the victim of fiendishly clever Hamas which forced Israel to commit genocide (Cohn) — causing it very bad press — all for no good reason.

Most media coverage omits the important background to the situation in Gaza:

Ÿ  Hamas won the 2006 election held throughout the West Bank, East Jerusalem and the Gaza Strip because of its reputation for integrity, its concern for social welfare, and its insistence that Israel acknowledge Palestinian rights under international law;

Ÿ  Gaza is under Israeli military occupation: Israel’s total control of Gaza’s land, sea and air access has turned it into the world’s largest open-air  prison. Since those under occupation are legally allowed to fight for their freedom, Palestinians have the legal right to bear arms;

Ÿ  Instead of acknowledging any Palestinian rights, Israel called Hamas “terrorist” and has arrested both legislators and members by virtue of their membership; Israel even stole Hamas tax moneys;

Ÿ  Israel imposed an illegal humanitarian siege on Gaza in 2006, tightening it in September 2007 to the extent that food, medical supplies, building supplies, school supplies, even soap and detergent have been banned; the restrictions, which cause permanent stunting of children and poor health throughout Gaza (Gilbert), have been compared to the notorious Warsaw Ghetto.  This siege has been censored or minimized in our media. Gazans supported the Hamas attempt to force Israel to lift this siege, claiming that they would rather die than return to those conditions (Sourani)

Ÿ  On June 2, the “unity government” of Fatah and Hamas was sworn in, and much to Israel’s chagrin, with official American support;  Israel no longer had an excuse to refuse negotiations.

Israel responded to alleged Hamas actions by attacking Gaza

Three settler students leaving Hebron were kidnapped and killed the night of June 12th.  One student called the emergency police hotline to report that he was being kidnapped; the message was followed by shots, groans and almost two minutes of silence.  Despite an exchange of 54 early-morning phone calls from a parent, a “search” was not started until the next day.  Media was then informed that the students had been killed, but the government put a gag order on the story that lasted until the bodies were found on June 30th. [Tarachansky]  Prime Minister Benjamin Netanyahu accused Hamas of the crime; local Hamas members were named as suspects.  Despite Hamas’ denials, “retaliatory” air strikes on Gaza started on June 14th*, along with a “search” that started what would be a two-month rampage of arrests, beatings, killing and destruction throughout the West Bank, whipping up a frenzy of anti-Arab hatred.  The Israeli government produced no hard evidence for its accusations.

It was only after Israel killed a senior Hamas official on June 30, that Hamas responded with its first rockets since 2012. (Tarachansky) Former UN Special Rapporteur Richard Falk claims that “there’s no legal, political or moral argument that would uphold the claim that Israel is acting in legitimate self-defense.” (Klipperstein)

While Israel had no legal right to attack Gaza, the responsibility for the deaths of the students is murkier.

The Hamas leadership had nothing to gain and everything to lose from kidnapping Israeli students and they issued an official denial the day after Netanyahu’s accusation.  Despite the admission of exiled Hamas leader Salah al-Arouri that al-Qassam Brigades was responsible for the abductions, the general consensus is that the Hamas leadership was unaware of it and not responsible for it. (Cameron, Crowcroft, Ginsburg)

On August 5th Hussam Kawasme, a member of Hamas from Hebron, admitted his responsibility and implicated other family members and acquaintances. The Hamas political chief Khaled Mashaal appeared to acknowledge the results of the Israeli investigations but implied that the students were legitimate targets because they were aggressors, living illegally on stolen Palestinian land. [Isakoff] The Kawasme admissions were treated with some skepticism in initial Israeli articles, presumably because they could have been the result of torture.

Circumstantial evidence points to Israel

The Israeli motive for an event that would destroy the new “unity” government was evident, particularly because of its American support.  Mideast experts such as Noam Chomsky, Henry Siegman and Michel Chossudovsky have also noted other motives: the annexation of Gaza and the ultimate control of Gaza’s offshore gas (which Israel is meanwhile benefiting from). 

The police emergency hotline response to the dramatic phone call for help was extraordinarily apathetic, as was the 8-9 hour delay before starting a search (Harel), which allowed the culprits generous time to cover their tracks.  Israeli articles noted that Netanyahu offered no evidence whatsoever when he accused Hamas of the abduction (Tarachansky), and there seemed to be little interest in forensic investigation.  Those who found the bodies in the remote hills were unidentified. Netanyahu’s use of this event to wreck havoc on both Gaza and the West Bank (and claim one thousand acres of land near Bethlehem) arouses suspicions of Israeli involvement.

An important article by Avi Issacharoff points out the complexity of the operation and, implicitly, the likelihood that it could have been at least monitored by Shin Bet; the chief of Shin Bet had been seen in the Hebron area the week before the abductions. (Issacharoff)   A week before the students’ abduction, Chief of the Mossad Tamir Pardo had wondered at the reaction  if three students disappeared. (Chossudovsky)  An extremist Salafi organization known as Dawlat al-Islam linked to ISIS claimed responsibility for the kidnapping of the three Israelis on August 13th; such a link could connect the act with the Israeli military, which has known links to ISIS.  (Chossudovsky)

Conclusion and urgent call to action:

There is an urgent need to confront the media before the new blame the victim accounts and the maligning of Hamas and the legitimacy of Palestinian resistance are entrenched in the public understanding.

Media accounts must hold Israel fully accountable for the devastation of Gaza and for the lethal, ongoing siege. Those who care about the situation facing Palestinians must take it upon themselves to challenge those responsible for the media accounts that blame the victims.  Our own futures depend on it.

* (Israel had been attacking Gaza with ongoing air strikes using other rationales. Gaza militias sometimes fired homemade rockets to protest their incarceration and the siege, which Israel would use as a rationale to mount ongoing air strikes on Gaza. Hamas does not control everything in Gaza.)

Notes:

Cameron, Dell. Israeli police official refutes claim that Hamas kidnapped Israeli teens. The Daily Dot. July 25, 2014. Accessed Sept. 3, 2014

Chossudovsky,Michel.“Justified Vengeance”, The Pretext for Bombing Gaza: Was the Netanyahu Government behind the Killings of the Three Israeli Teenagers?. Global Research. July 13, 2014. Accessed September 3, 2014

Cohn, Marjorie. US Leaders Aid and Abet Israeli War Crimes, Genocide & Crimes against Humanity. Jurist. August 8, 2014.

Crowcroft, Orlando. Hamas official: we were behind the kidnapping of three Israeli teenagers. The Guardian. August 21, 2014. accessed Sept. 3, 2014

Klipperstein, Ken.  An Interview with Richard Falk on the Crisis in Gaza. Counterpunch. August 13, 2014. accessed Sept. 4, 2014

Gilbert, Mads. Brief report to UNRWA: The Gaza Health Sector as of June 2014. Accessed PDF

Ginsburg, Mitch. Alleged mastermind of 3 teens’ killing indicted. Times of Israel. September 4. Accessed on Sept. 4, 2014

Harel, Amos. Tapes reveal pleas of kidnapped boy’s father met with call center apathy. Ha’aretz. July 2., 2014. accessed July 2, 2014

Isikoff, Michael. Mashaal admits Hamas members killed Israeli teens. The Times of Israel.  August 22 2014. accessed Sept. 1, 2014

Issacharoff, Avi.  How did the Shin Bet fail to spot the Hebron kidnap cell in time?. The Times of Israel. July 7, 2014. accessed Sept 3, 2014 

Ratner, Michael. The Dahiya Doctrine: Evidence of Israel’s Intentional Mass Slaughter in Gaza. The Real News. August 24, 2014. accessed Sept. 3, 2014

Sourani, Raji. Violence has gone on too long – we have lost all hope. The Independent. July 11, 2014; accessed Sept. 1, 2014 

Tarachansky, Lia. Israeli Government and Press Knew Teenagers Were Dead for Weeks. The Real News Network (TRNN). July 1, 2014. Accessed on July 1, 2014:

Washington’s Blog. 150 + International Legal Experts: Israel Has Committed War Crimes. Global Research. August 9, 2014. accessed Sept. 3, 2014

Israeli B’Tselem and Yesh Din: Israel is Unwilling to Investigate Harm Caused to Palestinians
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“Figures show that the Israeli authorities are unwilling to investigate human rights violations committed by security forces against Palestinians,” the Israeli human rights organizations B’Tselem and Yesh Din have revealed in a special report.

“The failure of the Government of Israel to implement the Turkel Commission’s recommendations, more than a year and a half after their publication, only reinforces this conclusion.”

“The existing [Israeli] apparatus is incapable of investigating policy issues or breaches of law by senior ranking military officials, and fails to promote accountability among those responsible.”

The organizations asserted that “the existing investigation mechanism precludes serious investigations and is marred by severe structural flaws that render it incapable of conducting professional investigations.”

Israeli human rights organizations B’Tselem and Yesh Din: Israel is unwilling to investigate harm caused to Palestinians

B’Tselem and Yesh Din, the two leading Israeli human rights organizations in monitoring the investigations of offenses committed by security forces against Palestinians, find that the military law enforcement system is a complete failure. After examining the results of hundreds of investigations, the organizations assert that the existing investigation mechanism precludes serious investigations and is marred by severe structural flaws that render it incapable of conducting professional investigations.

The existing apparatus is incapable of investigating policy issues or breaches of law by senior ranking military officials, and fails to promote accountability among those responsible. The figures show that the Israeli authorities are unwilling to investigate human rights violations committed by security forces against Palestinians. The failure of the Government of Israel to implement the Turkel Commission’s recommendations, more than a year and a half after their publication, only reinforces this conclusion.

B’Tselem has decided to break with its previous practice concerning military operations in Gaza and reject a request made by the Military Advocate for Operational Matters Lt. Col. Ronen Hirsch to provide the military with information regarding "irregular" incidents that occurred during Operation Protective Edge. B’Tselem has changed its approach due to the poor track record of MAG Corps investigations so far.

B’Tselem Executive Director Hagai El-Ad said: "B’Tselem believes it is crucial to investigate the directives and orders given to the forces by top political officials and military commanders. This is especially true of suspicions regarding unlawful policies concerning attacks, which received prior approval from the MAG Corps. Common sense has it that a body cannot investigate itself. Yet, again, the military will be investigating its own conduct in Operation Protective Edge; again, these investigations will not be supervised by anyone outside the military. It would be a welcome change if, instead of the existing whitewashing mechanisms, an independent apparatus were established to investigate suspected violations of international humanitarian law. Were such a mechanism established with the real aim of uncovering the truth and taking measures against those responsible – we would do our best to professionally assist its work."

Newly published Yesh Din figures on investigations of suspected offenses committed against Palestinians by soldiers show a marked drop in the rate of indictments compared to previous years. Yesh Din calls for an urgent and comprehensive reform of the investigative apparatus and for legislation that treats and punishes war crimes as such. These measures are crucial for ensuring professional, effective investigations and the accountability of those responsible.

Neta Patrick, Executive Director of Yesh Din: “The IDF’s investigative system has failed. The figures we are publishing must, especially now, raise questions over Israel’s lack of interest in conducting serious professional investigations. Years of research and monitoring of the military law enforcement system by Yesh Din have proven that the mechanisms in place cannot carry out effective investigations as a matter of course, not to mention during wartime. Every year, we caution against the sorry state of the investigation system. However, it appears that Israel refuses to deal with these structural failings or take minimal steps to correct them, despite harsh criticism voiced by public commissions and by civil society organizations. The inescapable conclusion is that the Government of Israel is not willing to investigate harm caused to Palestinians.”

Figures: Failed investigative apparatus and investigations that do not achieve accountability

B’Tselem figures on previous Israeli military operations in Gaza demonstrate the failure of the current investigative apparatus to investigate wartime incidents:

  • Following Operation Cast Lead (2009), the military looked into 400 incidents of suspected breaches of the law during the operation. These led to at least 52 investigations by the Military Police Investigation Unit (MPIU, or MPCID). Only three investigations ended with indictments, and the harshest sentence was given to a soldier who stole a credit card.
  • The results of investigations following Operation Pillar of Defense (2012) were essentially similar. According to the MAG Corps, more than 80 incidents were examined; as of April 2013, the MAG had decided that 65 of them did not warrant a criminal investigation. B’Tselem does not know of a single criminal investigation opened into an incident that occurred during the operation.
Yesh Din figures, collected over several years of monitoring the outcomes of investigations into alleged offenses by soldiers against Palestinians in the West Bank and the Gaza Strip, speak to the IDF’s failure to investigate incidents that occur outside of war, and show a marked drop in the number of indictments served compared to previous years:

  • Only 2.2% of investigations opened into suspected criminal offenses committed by soldiers against Palestinians and their property in 2010-2013 ended with indictments. Over the last four years, the number of indictments dropped by half. This period of time covers the investigations of both Operation Cast Lead and Operation Pillar of Defense.
  • In 2013, the MPIU opened 199 investigations into incidents of harm to Palestinians; in 84% of these cases, Palestinians were the victims of violence (8% of the cases resulted in death and 76% in injury). Only six of these cases ended with indictments against the implicated soldiers.
  • The figures on complaints to the MPIU demonstrate just how low the odds are that a Palestinian’s complaint would end in a soldier’s indictment: only 1.4% of all complaints to the MPIU in 2010-2013 led to an indictment (a complaint does not require the MPIU to open an investigation).
The failures in the investigation mechanism

B’Tselem outlined three problems inherent to the system currently in place for investigating combat-related incidents:

  • The investigative apparatus is not structured to investigate top political and military officials responsible for policy and directives.
  • The MAG has a dual role: He gives legal counsel to the military before and during combat, yet is responsible for deciding on indicting those who violated the law. Where unlawful orders were issued following the MAG’s legal counsel, there is an inherent conflict of interests.
  • MPIU investigations focus solely on the soldier in the field. They are opened late, and the operational inquiry conducted before them allows soldiers to compare and alter their accounts of what happened; moreover, investigators often do not have access to the scene of the incident.
Yesh Din’s years of monitoring Israel’s military investigation and prosecution mechanisms have led the organization to the conclusion that military law enforcement system is incapable of conducting serious investigations due to severe structural issues:

  • MPIU investigations are marked by low quality and lack of professionalism: basic investigative steps are not taken and foot-dragging and delays are common.
  • Delays in reaching a decision whether to open a criminal investigation: in 2013, 75 investigations were opened following complaints filed in 2012 – in other words, almost 40% of the investigations were opened months after the incident occurred.
  • Operational inquiries, which must be concluded before the Military Advocate General (MAG) decides whether or not to launch a criminal investigation, are a major reason for these delays. In addition to the potential harm caused by delays, as the inquiries serve operational and not criminal investigative purposes, they may compromise potential criminal investigations.
  • Inaccessibility due to the absence of MPIU bases within the West Bank: in 2013, the MPIU received 239 complaints regarding suspected criminal offenses against Palestinians; only six were filed directly by Palestinians; the rest were filed by various mediators.
  • The fact that war crimes are not prohibited or punishable by law in Israel makes it impossible to impose appropriately severe sanctions.
  • The absence of command responsibility in Israeli criminal law: In Israel, it is impossible to try commanders or civilians for war crimes committed by their subordinates, unless they personally gave orders to commit them.
  • The MAG Corps often investigates actions, which it had a part in initiating or approving. This dual role casts doubt on the independence of the investigating body.
B’Tselem and Yesh Din's conclusions, based on the findings

B’Tselem has decided to reject the request made the Military Advocate for Operation Matters Lt. Col. Ronen Hirsch to provide the military with information regarding "irregular" incidents that occurred during Operation Protective Edge. Hagai El-Ad, Executive Director of B’Tselem, wrote to Hirsch that: “B'Tselem has decided not to provide you with such information and avoid assisting the Military Advocate General (MAG) Corps in any matter concerning such investigations, as investigations led by the MAG Corps do not promote accountability among those responsible for the violations…

This problem is certainly not exclusive to the MAG Corps: it results from structural issues affecting the Israeli law enforcement system, of which the MAG Corps is a part, when it comes to investigating suspected violations of international humanitarian law.”

In his response to Lt. Col. Hirsch, El-Ad wrote that the harm caused to civilians in Operation Protective Edge was massive. B'Tselem's initial investigation indicates that some 40% of the Palestinians killed in the operation were minors, women, and men over the age of 60. In addition, thousands of homes were destroyed and hundreds of thousands of people were uprooted from their homes.

This reality is, in part, the direct result of directives given to the military, some of which raise grave suspicion of unlawfulness. One such directive was to attack the homes of operatives in Hamas and other organizations as though they were legitimate military targets. Another was to consider vast areas where residents were given ineffective warnings to leave their homes as "sterile" areas that may be bombed as though they were legitimate military targets. A third aspect is the large number of incidents in which many civilians were killed in a single incident – more than in previous operations – in terms of both the number of casualties in each incident and the overall number of such instances.

B’Tselem does not wish to play a role in the so-called investigation apparatus institutionalized by the authorities. Based on past experience, we can only regretfully say that Israeli law enforcement authorities are unable and unwilling to investigate allegations of breaches of international humanitarian law committed during fighting in Gaza. Should the existing whitewashing mechanism be replaced with an independent investigative body, we would gladly cooperate with it.

Yesh Din calls for appropriate legislation in Israeli law that will prohibit war crimes and will include specific sanctions that stem from the special gravity of offences considered to be war crimes by the family of nations, as was also recommended by the Turkel report.

Yesh Din believes that the State of Israel is unwilling to investigate harm to Palestinians, and that a system that has difficulties investigating during “routine” times, in regard to offenses committed outside of hostilities, would have a much harder time investigating offenses committed during combat. Therefore, the conclusion is that the investigative mechanisms are in need of fundamental reform in order to become an independent, effective apparatus that is able to uncover the truth and bring those responsible to justice.

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