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Jan-10-2009 13:41printcomments

UN Says Both Israel and Hamas Could Face War Crime Charges

UN rights chief suggests mission to assess possible war crimes in Gaza conflict.

Men carry child from a school hit by air strike in Gaza.  UN Photo
Men carry child from a school hit by air strike in Gaza. UN Photo

(SALEM, Ore.) - During the Third Reich and the years of Jewish persecution, the Nazi's were known for either blocking international human rights observers from seeing the Jewish ghettos, or putting on a show for them by arranging a small number of Jewish refugees who "appeared" to be well fed and cared for.

There are common parallels, and the fact that Israel has blocked international journalists from entering the Gaza Strip could be reminiscent of those dark years of the late 1930's and early 40's when Germany tried to hide its shameful dirty work from the world. If UN Human Rights inspectors continue to be blocked from Gaza as well, it makes the ambitions of the Israeli's military arm all the more suspect.

The top United Nations human rights official has proposed a mission to assess violations and possible war crimes committed by both Israel and Hamas in the Gaza conflict, and called for immediate implementation of a ceasefire.

“The situation is intolerable. The ceasefire called for by the UN Security Council must be implemented immediately. The violence must stop,” High Commissioner for Human Rights Navi Pillay told a special session of the Human Rights Council in Geneva.

“The situation is intolerable. The ceasefire called for by the UN Security Council must be implemented immediately. The violence must stophe vicious cycle of provocation and retribution must be brought to an end,” she said.

Pillay pointed out that the ongoing conflict had already caused the loss of hundreds of lives since Israel started its military operation 14 days ago with the stated aim of ending Hamas rocket attacks from Gaza.

She stressed unequivocally that international human rights law must apply in all circumstances and at all times, and strongly urged the parties to the conflict “to fulfil their obligations under international humanitarian law to collect, care for and evacuate the wounded and to protect and respect health workers, hospitals, and medical units and ambulances."

“Accountability must be ensured for violations of international law,” she said, suggesting that the Council should consider authorizing a mission to assess violations committed by both sides in the conflict in order to establish the relevant facts and ensure accountability.

“I remind this Council that violations of international humanitarian law may constitute war crime for which individual criminal responsibility may be invoked,” she added.

She also called on both sides to allow the deployment of independent human rights monitors in both Israel and the occupied Palestinian territory to document any violations of international human rights and humanitarian law, urging that so-called Special Procedures mandate holders be granted unrestricted access to Gaza and the West Bank.

The special UN Security Council session was called in response to a request by Egypt on behalf of the Arab Group and the African Group, Pakistan on behalf of the Organization of the Islamic Conference, and Cuba on behalf of the Non-Aligned Movement.

In a message read out to the session, Special Rapporteur on the situation of human rights in the occupied Palestinian territory Richard Falk said the use of force by an occupying power against security threats emanating from a population under occupation was permissible within the constraints set by international law.

"There was no legal or moral justification for firing rockets at civilian targets, and such behaviour was a violation of international human rights, associated with the right to life, as well as constituting a war crime, he stated. At the same time, the nature of the offence should be evaluated within the context of its occurrence," Falk said.

He cited the fact that for the year up to December 27th 2008, not a single Israeli death was caused by the rockets fired from Gaza. He also pointed to the fact that even though Israel had been expected to lift or at least ease a blockade imposing severe hardships on the entire population of Gaza, it has failed to do so.

Falk continued, "Such a blockade does not alter the unjustifiable character of the rocket attacks, but it does suggest two important conclusions from a legal perspective. First, the scale of civilian harm resulting from Israeli unlawful conduct was far greater than that of Palestinian unlawful conduct."

"Secondly, any effort to produce a sustainable ceasefire should ensure that Israel as well as Hamas respect humanitarian law, which most concretely means that interferences with the access of goods for the maintenance of normal civilian life must end, and cannot be re-established as a retaliatory measure if some sort of rocket attack occurs in the future, he added."

Several UN agencies say the terrible suffering of the civilian population in the Gaza Strip and the south of Israel demanded the Council''s urgent attention.

"Nothing less than ending the violence would be effective to improve the situation. In addition to those killed and wounded, thousands of Palestinians had been displaced, but there was no safe haven for them as had been shown by the incident at an UNRWA school, where Israeli shells killed 43 people and injured over 100," a joint statement added.

The people in Gaza injured by Israel's bombs are facing a lack of medical supplies and security. The movements of medical personnel have been restricted. Medical facilities had been damaged in most cases it took hours before ambulances could reach the wounded, if they could reach them at all, because of continuous shelling. Children urgently needed access to food and psychological counseling but were unable to have those necessities.

The UN also reports that health workers are exhausted, and they are also severely impaired food distribution. Electricity being knocked out means no hot meals are being made.

As the UN has pointed out, the needs of the population are so great at this time that humanitarian organizations needed to operate around the clock, but they can't.

The UN says the free and safe movement of the wounded have to be ensured. All parties to the conflict have to adhere to their obligations to protect the civilian population.

The Council will continue the session on Monday when it is expected to take action on a related draft resolution.

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Tim King is a former U.S. Marine with twenty years of experience on the west coast as a television news producer, photojournalist, reporter and assignment editor. In addition to his role as a war correspondent, this Los Angeles native serves as Salem-News.com's Executive News Editor.
Tim spent the winter of 2006/07 in Afghanistan with Oregon troops. Tim recently returned from Iraq where he covered the war there while embedded with an Oregon Guard aviation unit. Serving the community in very real terms, Salem-News.com is the nation's only truly independent high traffic news Website, affiliated with Google News and several other major search engines and news aggregators.
You can send Tim an email at this address: newsroom@salem-news.com




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xexon January 10, 2009 5:32 pm (Pacific time)

Israel is a nervous lady in a dark alley with an Uzi under her coat. She's hopped up on US taxpayer money. Remove that addiction, watch Israel have a moment of clarity. x


stephen January 10, 2009 5:25 pm (Pacific time)

Tim: if this is too long, will you be so kind as to divide it in two? If not, I understand. Ron Paul has a statement(see below).. while, obama plays the "only one president at a time" card, while taking the president role on the economy. How obvious does this have to get? anyway, Ron Paul: Statement on H Res 34, Reaffirming the United States strong support for Israel, before the US House of Representatives, January 9, 2008 Madame Speaker, I strongly oppose H. Res. 34, which was rushed to the floor with almost no prior notice and without consideration by the House Foreign Affairs Committee. The resolution clearly takes one side in a conflict that has nothing to do with the United States or US interests. I am concerned that the weapons currently being used by Israel against the Palestinians in Gaza are made in America and paid for by American taxpayers. What will adopting this resolution do to the perception of the United States in the Muslim and Arab world? What kind of blowback might we see from this? What moral responsibility do we have for the violence in Israel and Gaza after having provided so much military support to one side? As an opponent of all violence, I am appalled by the practice of lobbing homemade rockets into Israel from Gaza. I am only grateful that, because of the primitive nature of these weapons, there have been so few casualties among innocent Israelis. But I am also appalled by the longstanding Israeli blockade of Gaza – a cruel act of war – and the tremendous loss of life that has resulted from the latest Israeli attack that started last month. There are now an estimated 700 dead Palestinians, most of whom are civilians. Many innocent children are among the dead. While the shooting of rockets into Israel is inexcusable, the violent actions of some people in Gaza does not justify killing Palestinians on this scale. Such collective punishment is immoral. At the very least, the US Congress should not be loudly proclaiming its support for the Israeli government’s actions in Gaza. Madame Speaker, this resolution will do nothing to reduce the fighting and bloodshed in the Middle East. The resolution in fact will lead the US to become further involved in this conflict, promising “vigorous support and unwavering commitment to the welfare, security, and survival of Israel as a Jewish and democratic state.” Is it really in the interest of the United States to guarantee the survival of any foreign country? I believe it would be better to focus on the security and survival of the United States, the Constitution of which my colleagues and I swore to defend just this week at the beginning of the 111th Congress. I urge my colleagues to reject this resolution Ron Paul: the only congressman not bought off by AIPAC and the only one to follow the Constitution. Well, maybe Dennis k too. :-)


Anonymous said January 10, 2009 2:04 pm (Pacific time)

"There was no legal or moral justification for firing rockets at civilian targets, and such behaviour was a violation of international human rights, associated with the right to life, as well as constituting a war crime, he stated. At the same time, the nature of the offence should be evaluated within the context of its occurrence," Falk said. FAO : Mr. Falk - UN Dear Sirs, The Pakistan Army is doing exactly this to it's Pakhtun population in NWFP (Pakhtunkhwa). Please, do something about the crimes of the Pakistan Army, too. :- Anonymous said Two faces of the same coin? Friday January 02, 2009 The PakTribune Dear Mr Eschmall Sardar, Two faces of the same coin - is justified. I don’t know exactly what the definition/requirements are to be a Pir but my understanding of Samiullah is that he was of Gujar ethnic of village Mandall Dag, Matta district of Swat who stood up to the Taliban as many other people/families did, was described only by the army as a Pir, perhaps to add another dimension to the blood letting of Pakhtuns, was encouraged by the army stationed in Swat to raise a lashkar against the Taliban and as the Pakistani army has done so in the past in Swat to other people/families, let him down. The Taliban than besieged him for days in his village but the army never showed up to help and finally he was killed. When the fighting was over the army of Pakistan arrived and started killing innocent/vulnerable people in the villages of Nalkot, Shawer, Roningar ect The Taliban exhumed his body and hung it in a public place, saying today he is portrayed by the army as a Pir tomorrow people will worship at his grave. What the Taliban did to Samiullah’s body is yet another heinous crime in their chapter of Swat but what the army is doing in Swat is tantamount to a kick to the face of civilisation. It appears to me that there are two culprits responsible for the bloodshed of the innocents in Swat, the Pakistan army and the so called Taliban whilst the poor people are caught in the middle. Leaving aside what the Taliban are up to, what disgusts me is the criminal activities of the Pakistan army who bomb, shell, shoot at villages indiscriminately, deliberately leaving behind destruction, killing innocent people, looting (are some reports of jewellery being taken from women in their houses amongst other abuse), total disregard for life and property with absolute no worry of any accountability/repercussion of state/international law, like an army on a rampage rather than an army restoring law and order, almost like the Serbian army in Bosnia except there, there was some accountability to international law. How can the Pakhtun people be protected from this Pakistan Army and what's your findings of the situation in Swat. To crosscheck my views please ask the Army officers, what they did to the people of Bara Bandai on Eid day, why a disable man (by the name of Bacha) from the village of Miakallay was tortured to death, what the Army did to the people of Ghowarego in the middle of the night and why they stole/took jewellery from the women of Koza Bandai ect and under what code of conduct do the Army operate in the lands of the Pakhtuns. Also ask the Army what happens to the people who complain to the army (of their conduct) for example a physics doctor of village Bara Bandai. Why was the doctor son of a blind woman (her only child) in the village of Koza Bandai locked up by the army and tortured? The list of abuse of military powers, abuse/killing of innocent people of Swat by the Pakistan army is endless and is a lot longer than the abuse the Taliban are doing to the people of Swat. So who is the MOST criminal, the Pakistan Army or the Taliban? If the Pakistan Army was an Army, like that was of Swat State, this question would not have arisen? If the elected "party" of NWFP does NOT question the army for NOT doing it's job and in fact criminally abusing it's military power/position than who should? Are murder, rape, looting done by the army O.K but they are only crimes if done by others? Are crimes by the Pakistan Army to be ignored, as always? Why is it that, the Pakistani Army is above the law? Please, advise me, Mr Eschmall Sardar. Regards

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