Showing posts with label Israeli Terror. Show all posts
Showing posts with label Israeli Terror. Show all posts

9 December-2022

While segments of the US body politic remain fixated as so much virtual Netflix on episodic instances of “incitement” to political violence, it is incitement to ignorance that poses the greatest danger to a relatively uninhibited and diverse society … albeit one no longer, if ever, remarkable for its collective thirst for informed thought and acquired education, be it in the classroom or out.

Photograph Source: Swithun Crowe – CC BY 2.0

Words are not the enemy … stupidity is. And on that score today the United States stands proudly at the head of the class. Enter Kanye West, Nick Fuentes and the devoted dupes who relish them as seers of sort; communal gifts from on-high who engender insight, experience and vision. In reality, they add nothing to the challenge of the marketplace of ideas but a call to the rest of us to be worse than we actually are, and can be.

For the dutiful apologists who remain in his noticeably flaccid ministry, Kanye West’s salvation finds his “recent” descent into madness to be but another, fresher version of his legendary lyrical prowess. To others, his appearance in cotton black-face mask with salute for Hitler’s skillful complexity is little more than a new public runway stroll. Or is that troll? Spare me the debate. West is an accomplished unabashed lunatic. “But I’m gross” says he, looking in the mirror. “I can’t even stomach myself.” Agreed. His words….Not mine. Little more need be said.

On the other hand, Nick Fuentes is the consummate petty political grifter–an enduring pre-pubescent cerebral wreck who, with accomplished ease, went from triumphant 16-year-old student council president to freshman college dropout, tragically overwhelmed by the intellectual challenge of a demanding course load that debated largely whether eastern or pacific standard times has more hours in a given 24-hour day. Along the way, as a 20 something scholarly virgin, his diverse and extensive travel and personal experience has taken him from the leadership podiums of figurative trailer parks from coast to coast … shouting out burn the libraries… burn the libraries to the cheer of those who’s archive experience is largely limited to scanning headlines of thought-provoking treatises shelved at Super 8 check-out counters.

At days end, as they spew “it’s the Jews… it’s the Jews,” they are little more than convenient cerebral lepers that trigger opportune Zionist red-alarm glockenspiels (is this anti-Semitic?) providing invaluable political fodder to the very women and men who indict them for the spittle of their ignorance, but, yet, applaud far worse real-time dictates at the hands of Israel. Ultimately, the flailing rage of West and Fuentes fits neatly into the skillful propogandist needs of Zionists who, with expedient political bounty, scream-out “they hate us… they hate us all” using uninformed media echo chambers to promote an international geo political agenda rooted in Israel’s proverbial “victimhood” nurtured though perpetual excuse. Full stop.

Right about now, the groan of “self-hating Jew” can be heard from those who will twist the clear unmistakable message of these words as somehow dutiful support for the vile taunts of “Jews will not replace us” and not, as intended, a necessary and lawful condemnation of Zionists and Israel, a European colonial project and fan base which for decades has used such venomous gush to rewrite the real tongs of its criminal ethnic cleansing in Palestine. Make no mistake about it, Zionists in and out of Israel long before their first terrorist bombing in Palestine have justified each and every outrage perpetrated against Palestinians as necessary self-defense on behalf of a faith and a people it falsely declares it represents and which, it asserts, is under siege, indeed endangered, en masse across the globe. Neither is true.

Little more than convenient but ugly doublespeak, the vitriolic attack on Jews by West and his breed predictably moves Western political leaders, funders and pundits to further shutter their eyes to Zionist-fueled hate and violence in Palestine. With exploited certainty, it fuels efforts to bully if not silence legitimate protest against Israeli crimes through Zionist attacks upon a robust marketplace of ideas–one necessarily dependent upon open dialogue and debate and, on this point, empowered by fact driven, but intimidated, conferences, academic speech, publications, and BDS activism.

Long are the days when the chorus of partisan geo-political censors, including the cash cow platforms of AIPAC, the Zionist Organization of America and the parochial ADL have successfully endeavored to disguise and rewrite the bloodied footprint of Zionism across the age-old fields and cobblestone pathways of Palestine. They and various Zionist commentators alike have, whenever available, seized upon contemporary Skokie-like hate and ignorance to erase the reality of 74 years, not of words, but unbroken Palestinian death and destruction at the hands of Israel.

For Palestinians, “kill the Arabs… kill the Arabs” is not hate speech but reality. For Zionists “kill the Arabs… kill the Arabs” is not hate speech but, for many, enduring aspiration.

I have spoken out, written of and fought against Zionism and Israel for most of my life. Whether in print, on the streets or in courtrooms in and out of the United States, I have never hesitated to confront a Zionist agenda and Israeli tradition which seeks to ensure that for Palestinians their unbroken daily Nakba will be nothing less than “the final solution,” redux. From a human rights and international law standpoint am I comparing the hate-driven rampage of an earlier monster to the toxic deadly rule of a state born of the survivors of his murderous rampage… yes. There, I said it. Is this anti-Semitic?

Today politicians, pundits, journalists and liberals alike express, as they should, outrage over the “recent” putrid outbursts spewed not just from West and Fuentes, but other equally failed and ignorant white supremacists who proudly target and deplore persons of different color, of different faith, of different sexual identity.

Yet, while these virtuous defenders of faith, ethnicity and culture race to the protection of Judaism in the United States (in reality stronger and safer than ever before), their silence about Israel, about the crimes perpetrated by it daily, speaks volumes of their discerning support of but certain faiths, certain ethnicities, certain cultures, certain histories to the exclusion of others. Nowhere is that more palpable than it is in the almost deafening silence about systemic human rights abuses perpetrated by Israel throughout Palestine.

For those with open eyes, it is no challenge to see the vast ugly marker of an Israeli occupation now entering its 75th year. Littered with the mass graves of Palestinians, those dead, those dying, and those that hang on, it is a construct conceived in such a systematic sinister way as to typically disconnect its mass victims from international public viewing, let alone accountability, but, yet, not at all from the marked chest-pounding of Zionist pride. Israel thrives on in your face.

Treatises and volumes alike have been written of the cruel, criminal and targeted pillage and plunder of Palestine at the hands of this European colonial project, one funded largely by the United States to the historic and unparalleled tune of some three-hundred billion dollars. To say that millions of Palestinians have been displaced from their homes and land, tens of thousands of civilians murdered, twenty times as many crippled and upwards of a million detained not for crimes but politics, is to speak kindly of Israel. With seasonal mass bombings of urban centers, targeted attacks upon civilian residences, hospitals and schools very much the norm, it is interesting, indeed, to see Putin’s current attacks upon civilians and essential infrastructure in Ukraine denounced by many as war crimes, but Israel’s much longer, more proficient and wider application of the identical strategy either ignored or found to be by the same critics-understandable retaliation.

Or can it be that the “good Jew”/”bad Jew” dichotomy that Zionists have long applied to those Jews who walk blindly with Israel versus those who dare to confront it, stands with equal ardor to the good civilian/bad civilian formula long promoted under US foreign policy when it comes to casualties of non-combatants?

In a complete historical edit, not a day passes without the shallow dishonest political hymn that Israel stands as a solitary beacon of democracy and hope surrounded by a sea of theocracies which daily sacrifice the human rights and dignity of their own people to the mantle of their power. An interesting read, indeed, given Israel’s recent détente with inveterate human rights violators such as UAE, Bahrain and KSA and the return to power of avowed war criminal and indicted thief Benjamin Netanyahu.

Independent of his own cruel historical baggage, Netanyahu brings with him a coven of political leaders and advisors well-known for their racist, anti-Arab far right rhetoric and practices. Comprised of ultra-religious, misogynist and homophobic activists, they include followers of the late Mair Kahane, founder of a US designated terrorist organization, as well as others convicted of terrorism offenses, or who call for the complete annexation of occupied Palestine. Also, within this chorus of hate, are those who promote the expulsion of Israel’s “enemies” or those who are “disloyal” to it, and many who oppose the immigration of Africans Jews seeking asylum there. Sorry … wrong color.

One need not be an oracle to understand what this “new” Israel, if left to its own devices, augurs for the future of Palestinians. With Israeli history very much a palpable soothsayer of aspired days to come, it is all but certain that the Zionist drive for ethnic cleansing will remain relentless. Were this an introduction to a legal brief for a well-earned war crimes tribunal against Israel and limited to but the last twenty-four months alone, it would easily run into hundreds of pages filled with painful first party declarations and devastating supporting exhibits. Not necessary. Even a passing overview of Israel’s contemporary human rights record says … guilty as charged.

For example, over the last two years alone Israeli forces have killed more than 500 civilians including some one hundred minors and two US citizens. Several hundred others have been injured by live fire. In its most recent report, the Palestinian Centre For Human Rights notes that in the first ten months of 2022 “IOF attacks killed 175 Palestinians, including 118 civilians: 35 children, 8 women, 2 Palestinians killed by Israeli settlers and the rest were activists; 18 of them were assassinated. Also, hundreds of Palestinians, including women and children, were wounded in IOF’s attacks in the Gaza Strip and West Bank. Moreover, 5 Palestinian detainees, including a woman, died in the Israeli prisons.” This death march is borne out by the UN Middle East envoy who in noting that “2022 is on course to be the deadliest year for Palestinians in the West Bank since the U.N. started tracking fatalities in 2005,” reported that in October alone 32 Palestinians, including six children were killed by Israeli security forces with another 311 injured during demonstrations, clashes and search-and-arrest operations.

According to the Israeli Human Rights Organization B’Tselem, during the same period there have been 832 incidents of violence by settlers and other Israeli civilians directed at Palestinians in the occupied West Bank ranging from blocking roads, throwing stones at cars and houses, raiding villages and farmland, torching fields and olive groves, and damaging crops and property to physical assault, which include the use of Molotov cocktails and live fire. While Israeli military forces have been present during most of these attacks, they have done little if anything but cheer.

Administrative detention continues to be the mainstay of Israel’s judicial system in the occupied West Bank including Jerusalem where Palestinian civilians are regularly detained through military tribunals in which they are held not because they have committed a crime but because if free, they might break the law in the future. Facing unknown allegations and held indefinitely without legal proceedings, including a trial or access to the evidence being used against them, these political prisoners have no idea if and when they will be released. While the full number of political prisoners is unknown, it has been reported that today there are at least 530 administrative detainees including almost 200 Palestinian minors. While Israel stopped responding to requests by B’Tselem for information about detainees under its Freedom of Information Law in 2020, based upon independent sources it reported that as of a year ago there were 4,184 Palestinian security detainees and prisoners being held in Israel Prisons.

Over the last several years Israeli forces have demolished, seized or forced Palestinians to demolish almost 700 civilian structures, leaving homeless upwards of a thousand, including more than a hundred children. Meanwhile tens of thousands of other Palestinians face the specter of the same destruction and displacement due to outstanding demolition orders that can be executed at any time. According to the Palestinian Centre For Human Rights:

[s]ince the beginning of 2022, [the] IOF made 137 families homeless, a total of 805 persons, including 158 women and 368 children. This was the [knowing] result of IOF demolition of 154 houses and dozens of residential and agricultural tents. The IOF also demolished 107 other civilian objects, leveled vacant areas of land and delivered dozens of notices of demolition, cease-construction, and evacuation.

In addition, over this period Israel has permitted the destruction of farms and crops and seized vehicles, tractors, water tanks and other essential items for communities under siege. According the United Nations Office for the Coordination of Humanitarian Affairs more than 1,000 trees owned by Palestinian farmers were burned or damaged by settlers in the Israeli-occupied territory during last year’s harvest. The International Committee of the Red Cross reports that since August of 2020 over 9,000 olive trees have been destroyed in the West Bank.

Els Debuf, head of the ICRC’s mission in Jerusalem, notes:

For years, the ICRC has observed a seasonal peak in violence by Israeli settlers residing in certain settlements and outposts in the West Bank towards Palestinian farmers and their property in the period leading up to the olive harvest season, as well as during the harvest season itself, in October and November … Farmers also experience acts of harassment and violence that aim at preventing a successful harvest, not to mention the destruction of farming equipment or the uprooting and burning of olive trees.

And what of Gaza? Crippled by an Israeli, and at times Egyptian, blockade of air, land and sea that began after the electoral victory of Hamas, these past 16 years have seen the Strip’s two million people denied the essentials of life including medical equipment and medicine, food and water, motors and propellers for its essential fishing industry and strict travel and movement restrictions on its citizens thus creating the world’s largest outdoor prison.

According to the United Nations Conference on Trade and Development, as of a year ago the economic cost of the Israeli occupation of the 140 square mile Gaza Strip was estimated at $16.7 billion. Add in five massive military assaults during this time that have targeted its civilian population and infrastructure including schools, hospitals, day care center and UNRWA shelters, Israel’s use of phosphorous and cluster bombs, tanks, drones and sniper fire, has killed or crippled tens of thousands of Gaza’s civilians, including peaceful protesters, and done massive damage to its infrastructure.

The United Nations reports these assaults have caused more than $5 billion worth of damage to Gaza’s homes, agriculture, industry, electricity and water infrastructure. According to the internationally famed Medicines Sans Frontieres (Doctors Without Borders), the impact of the economic blockade and Israeli warfare on Gaza has been devastating to its entire civilian population:“Everyone is constantly exposed to the triggers of psychological trauma, including health care workers. Their resilience is put to the test daily as they help others while experiencing traumatic events themselves.”

According to Medicines Sans Frontieres psychiatrist Juan Paris 40 percent of young Gazans suffer from mood disorders, 60 to 70 percent suffer from post-traumatic stress disorder, and 90 percent suffer from other stress-related conditions, with the number of suicides and attempted suicides risen steadily there over recent years. Meanwhile, the World Bank estimates 59% of Gaza residents, half of whom are children, are living in poverty, and 64% suffer from food insecurity.

That Israel has developed and maintains a system of Apartheid from the “river to the sea” which towers in darkness over that of South Africa and which is based entirely upon one’s faith, ethnicity and skin-tone is beyond cavil. Lacking any constitution or checks and balances that one might provide for, not long-ago Israel proclaimed itself to be a “Nation state” which, by legislative fiat, exalts Judaism to the exclusion of any other religion. In support of this boundless theocratic power, its Knesset has enacted more than 65 laws that give Jews preferential treatment and benefit over all others.

This is not abstract unverifiable political dogma. To be sure, numerous highly respected human rights and international law organizations have concluded that Israel sees itself as beyond the reach of international law, human rights, the law of war, and the Geneva Conventions. With this there can be no debate.

For example, in a report prepared for the United Nations its Special Rapporteur on the situation of Human Rights in the Palestinian Territories Occupied Since 1967 recently concluded that “apartheid is being practiced by Israel in the occupied Palestinian territory and beyond.” Human Rights Watch mirrors this finding in its recent 200 plus page report A Threshold Crossed which concluded Israel is “committing … crimes against humanity of apartheid and persecution [through] an overarching government policy to maintain the domination by Jewish Israelis over Palestinians coupled with grave abuses committed against Palestinians living in the occupied territory, including East Jerusalem.”

In its report of 2022, Amnesty International concludes Israel’s “massive seizures of Palestinian land and property, unlawful killings, forcible transfer, drastic movement restrictions, and the denial of nationality and citizenship to Palestinians … amounts to apartheid under international law.”

B’Tselem’s recent conclusion is no different. In a biting heavily cited report it specifically notes that Palestinian citizens of Israel do not enjoy the same rights as Jewish citizens by law and practice. In furtherance of “Jewish supremacy” B’Tselem notes that:

supremacy is advanced differently in every unit, and the resulting forms of injustice differ: the lived experience of Palestinians in blockaded Gaza is unlike that of Palestinian subjects in the West Bank, permanent residents in East Jerusalem or Palestinian citizens within sovereign Israeli territory. Yet these are variations on the fact that all Palestinians living under Israeli rule are treated as inferior in rights and status to Jews who live in the very same area.

The report notes that in a palpable effort of “Judaizing” lands [as] “a resource meant almost exclusively to benefit the Jewish public, Israel continues to seize and annex land for Jews while crowding Palestinians in enclaves.” It further describes a system of that restricts “Palestinians freedom of movement that embraces the … denial of Palestinians’ right to political participation” and reserves “immigration for Jews only.”

There is no better proof of Israel’s detached accountability from settled international law than the very words of outgoing Israeli Prime Minister Lapid who recently proclaimed “Nobody will investigate IDF soldiers [or] preach morality on warfare” to Israel. These few very simple supremacist chest pounds sum up the Zionist state’s stunning indifference to any international norms as it commits unspeakable crimes from behind the looming artificial walls and barricades surrounding its massive deadly 21st century stalag.

Against this painful numbing reality of mass death and destruction, one empowered and funded by endless support and American dollars doled-out to Israel from bottomless coffers controlled by political parties, petty politicians and lurching lobbyists alike, sadly the marketplace of ideas appears consumed not by vulture violence, which we enable, but by words, even ugly words of hate.

I worry not at all about the hate speech of Kanye West, Nick Fuentes and the other odious supremacists that attack Jews, people of color, the LGBTQ community, refugees and women who dare to expect bodily autonomy. Theirs is a language of a cheap political brand filled not with the ring of truth but the rot of its speaker and mindless cheer of their cult. Time and time again they have proven themselves unfit to reside in the marketplace of ideas. It renders them not ineligible to participate in the debate, just irrelevant to any thoughtful, insightful or probative role within it.

Meanwhile thousands of miles away it is not words that steal the life and liberty of millions of Palestinians but US funded and Zionist orchestrated pogroms that target Palestinians for little more than their existence.

Hateful words can bully. They can ache. They can alarm. Ultimately, they cannot survive the test of truth … the reality that comes not from the ignorance of one’s mouth, but the settled experiment of time.

Stanley L. Cohen is lawyer and activist in New York City.
You can no longer follow Stanley Cohen on Twitter @StanleyCohenLaw

Words Ache, But Indifference Kills

Lynx By Ten To The Power Of Three Hundred And Seventeen

Fra Hughes In a historic move, Belfast City Councillors have voted to call on the Irish and British governments to expel the Israeli Ambassadors.


The motion was passed by 31 votes to 28 on 01/06/2021, showing a seismic shift from previous votes and debates on the Israel Palestine conflict.

Previous debates and deflections have implied the conflict is complicated and complex: That there are two sides to the conflict and both have been wrong. Perhaps the people of Belfast should not get politically involved in matters that are occurring halfway around the world or indeed that ‘God gave the Land to the Jews’ as in the biblical testaments

We can now clearly see that the sands of history have shifted. That the councillors representing the people of Belfast are indeed reflecting the desire and wishes of the majority of the residents in Belfast to have the Israeli Ambassadors to Britain and Ireland expelled.

There are not two sides to this story. It is simply a matter of right and wrong.

Israel in its apartheid policies and land grabs in Palestine is wrong and the Palestinians who have the legal right to resist an illegal military occupation by any means necessary are right.

I stand by all 31 Belfast City Councilors who voted to remove the Israeli Ambassadors

I stand by all the people of Palestine who live inside and outside of historic Palestine, East Jerusalem, the Occupied Palestinian Territories, Gaza, Lebanon and whereever the displaced, the refugees and the diaspora live.

I stand by the resistance movement that challenges the illegal occupation by any means necessary.

Thank you Belfast. Proud to be from here.

Below is the motion brought before council.


Fra Hughes is a Freelance journalist-author-commentator-political activist.
Follow on Twitter @electfrahughes

Belfast City Council Calls For The Expulsion Of The Israeli Ambassadors To Britain and Ireland

Anthony McIntyrewas in Drogheda town centre yesterday protesting Israeli war crimes.


Yesterday saw a number of us take to the streets of Drogheda in solidarity with the Palestinians currently being mercilessly pummeled by the vastly superior military force of the Israeli state.

It is seven years since we last turned out, so it was reassuring to see some of the same faces from our previous outing. Then, the terror war on Gaza was being waged with unmitigated ferocity, a favourite target of the war criminals - Palestinian children. They were murdered as they played soccer on a beach, in their homes, schools and hospitals.

Before the main weekly vigil kicked off in 2014, myself and my wife stood alone at the footbridge across the Boyne trying to focus attention on the plight of the Palestinians. We were joined by a Croatian mother and son, just in the country ten days. Israeli terror is something like a bad smell: just something you expect to announce its presence and which will not go away just because it is ignored.

How yesterday's vigil got off the ground I am not certain. Covid regulations are still in place and the event could not as easily be put together as on previous occasions. The interest was certainly there and word of mouth seemed to have carried the day. During the week I asked a friend who had stood with us in 2014 if anything was happening. She said she was going to stand at the Tholsel with a flag at noon on Saturday. I said I would join her and that's pretty much how it happened. Others turned up and our Pod for Palestine was visible to all, many who stopped to talk or bump their horns. 

Most of those I recognised were from Sinn Fein which has consistently done the heavy lifting in terms of putting a presence on the streets in support of the Palestinians. Labour Party members later told me had they known, they too would have been there. I am sure the same people will be there next week if the savagery does not abate and I hope as many as possible will stand alongside us. 

There seems to be a greater unity across the political divide this time. Tanaiste Leo Varadker spoke for many when he said:

Annexation, expulsion, plantation and the killing of civilians, deliberately or in terms of collateral damage, are not the behaviours of a democratic state in the 21st century and it is simply unacceptable that a democratic state or any state should behave in this way.

It would have been preferable had he gone as far as Richard Boyd Barret:

Given the outrageous breaches of international law, is it not time to expel the Israeli ambassador and to impose sanctions on the rogue state of Israel for its crimes against international law and against humanity in Palestine?

But his identifying Israel as an aggressor is significant when the terror state relies on the silent acquiescence of others.

As the Ballymurphy massacre inquest verdict illustrated this week, the armies of the West commit atrocity pretty much like those they are quick to condemn for committing atrocity, and Israel is no different. The mote in the Israeli eye happens to appear much larger because of its history: a state that ostensibly came into existence as a defensive reaction to war crimes perpetrated against Jews, has been one of the West's most frequent practitioners of war crimes since its inception. Internationally, the numbers willing to approve of its sense of entitlement to murder at will is shrinking inexorably. 

Israel stands ever at the ready to put Hindley and Brady types in uniform, arm them, throw them into confrontation with unarmed children whom they proceed to murder before cynically proclaiming that the infanticides belong to the most moral army on earth. Hayim Bialik, a posthumous Israeli national poet, wrote more than a century ago that "even Satan has not yet invented the revenge for the blood of a little child."


The world cannot feign ignorance of the despicable barbarism visited on Jewish children by the Wehrmacht and SS during the course of World War 2. Walter Karl Ernst August von Reichenau approved the murder of 90 Jewish children who were left orphaned after the massacre of their parents at Bila Tserkva in the Ukraine. He did so only after strong opposition from a Nazi officer, Helmuth Groscurth, who had intervened to retrieve the children from a church where they had been crammed and denied all food and water. 

Groscurth would go on to comment in his diaries:

My efforts to intervene in the defence of the Jewish orphans ended for me a rebuke from the Field Marshal von Reichenau. But honestly? I didn’t care about that. However, I was shocked by the bestiality that was in the German people ... The war has made all of us monsters. It has destroyed the national psyche. Judging by what I have written here, it would seem that I'm the good one. But the truth is different. I am an accomplice to all the crimes. We all are. We didn’t oppose the dictatorship of Hitler, and now everyone has to bear the consequences. Germans can’t and shouldn’t win this war. Definitely not ...

I wonder if there is anyone of that calibre in the Israeli Defence Forces willing to publicly speak out in real time against the mass murder of children. If some officers in the world's most moral army can up their game to the level of one Nazi officer who had the mettle to oppose infanticide, it might just make a difference. 

 ⏩Follow on Twitter @AnthonyMcIntyre.

Infanticide From Bila Tserkva To Gaza

Palestine 24 PostEarlier in the year the Israeli journalist, Gideon Levy criticised the Israeli army’s policy regarding dehumanising Palestinian children, pointing out that Israeli soldiers considers shooting them less severe than shooting stray dogs.

When a Jewish child is hurt, all of Israel shakes, when a Palestinian child is hurt, Israel yawns. It will always, always find a justification for soldiers shooting Palestinian children.

Israeli soldiers shoot children. Sometimes they wound them and sometimes they kill them. Sometimes the children wind up brain dead, sometimes disabled.

Sometimes the children have thrown rocks at the soldiers, sometimes Molotov cocktails. Sometimes by chance they wind up in the middle of a confrontation. They almost never put the soldiers’ lives in danger.

Sometimes the soldiers intentionally shoot at the children, sometimes by mistake. Sometimes they aim at the children’s heads or the upper body, and sometimes they shoot in the air and miss, hitting the children in the head. That is how it goes when a body is small.

Sometimes the soldiers shoot with the intent to kill, sometimes to punish. Sometimes they use regular bullets and sometimes rubber-coated bullets, sometimes from a distance, sometimes in an ambush, sometimes at close range.

Continue reading @ Palestine 24 Post.

Spokesman Of Israeli Army Announces ➖ Continue To Shoot Palestinian Children

Via Information Clearing House ➤ Ahead of the ICC's decision on whether to investigate suspected war crimes in the territories, a list of 200 to 300 officials was compiled, including Prime Minister Benjamin Netanyahu and Alternative Prime Minister Benny Gantz.

By Noa Landau

Israel is drawing up a secret list of military and intelligence officials who might be subject to arrest abroad if the International Criminal Court in the Hague opens an investigation into alleged Israeli war crimes in the Palestinian territories.

Haaretz has learned that this list now includes between 200 and 300 officials, some of whom have not been informed. The great secrecy surrounding the issue stems from a fear that the mere disclosure of the list’s existence could endanger the people on it. The assessment is that the court is likely to view a list of names as an official Israeli admission of these officials’ involvement in the incidents under investigation.

Continue reading @  Information Clearing House.

Israel Drafts Secret List Of Hundreds Of Officials Who May Stand Trial At International Court

Via Information Clearing House ➤ why Palestinian lives matter. 

By Gideon Levy

June 15, 2020 "Information Clearing House" - Did you see the American police officers? Did you see how they choked George Floyd to death in Minneapolis? Did you see Officer Derek Chauvin kneeling on his neck, pinning him down, with Floyd begging for his life until he died five minutes later? What racist police forces they have in America, how brutal. Now Minneapolis is burning after a black citizen was executed because of his skin color. The mayor apologized, the four officers involved were fired, Chauvin was indicted. America is a cruel place for black people and its police are racist.


A few days after Minneapolis, on Saturday morning, in Jerusalem’s Old City, Eyad Hallaq, a 32-year-old autistic man, was on his way to the Elwyn Center for disabled people. Border Police officers claimed they believed he was holding a gun – there was none – and when they called out for him to stop, he started running. The penalty was death. The Border Police, the most brutal of all units, knows no other way to overpower a fleeing autistic Palestinian except to execute him. The cowardly Border Police officers fired some 10 bullets into Hallaq as he fled, until he died. That’s how they always act. That’s what they’ve been trained to do.

Continue reading @ Information Clearing House.

'Being Black In America Shouldn't Be A Death Sentence.' What About Being Palestinian?

From Tony Greenstein's Blog ➤ What is it about Israel that makes it so attractive to anti-Semites, fascists and racists such as Trump, Bolsonaro and Duterte? 

Israel is proof that any group of people, including Jews, can, given the right set of circumstances become racists and fascists.

Racism is not biologically inherited. It is a product of society not genetics. Just as Germans today have not inherited a Hitler gene, so the same is true of Israeli Jews. They have no inherited the mantle of the oppressed Jews of Europe but what Israel has done is to transform the traditional image of Jews from the oppressed to the oppressor.

Norman Finkelstein, in a recent interview, quoted Ze’ev Sternhell, a former professor at the Hebrew University in Jerusalem, a childhood survivor of the Nazi ghetto of Przemyśl in Poland and a world authority on fascism.

According to Sternhell fascists and anti-Semites, amongst whom I include Trump, don’t see Israel as Jewish. The Zionist dream was always to create a nation like all other nations. They succeeded only too well. The settler nation that they created is the most right-wing and racist of any nation on Earth.

Israel is the only state, bar Liberia, where Donald Trump is more popular than unpopular. Whereas Jews were historically seen as weak, intellectuals, cosmopolitan, erudite, artists, seditious and on the Left, Israel is seen as a warrior state, a military fortress. The archetypal Jew was a Woody Allen, Franz Kafka, Einstein and Marc Chagall. To Hitler the archetypal Jew was Karl Marx. The archetypal Israeli Jew is a racist bigot who revels in murder.

Israel according to Dutch fascist leader Geert Wilders is the front-line in the battle to defend Western civilisation. It is admired by every fascist or far-Right leader on the planet – from Brazil’s Bolsonaro to the Philipine’s Hitler loving President Duterte. 

Continue reading @ Tony Greenstein's Blog.

Israel Is Not Only The World’s Most Racist State ➤ It Is A Nation Of Murderers

From Press TV ➤ disappointment for Israel as the ICC slaps down Australian request for no investigation of Israeli atrocities. 

The International Criminal Court (ICC) has rejected Australia's demand that the tribunal halt an investigation into war crimes committed by the Israeli regime in the occupied Palestinian territories.

Australia's argument that the court has no jurisdiction to conduct the investigation is "misled and unfounded", the court said on Saturday.

Under the Israeli lobbying, the Australian government in February filed a request to intervene in proceedings at the ICC, arguing that the court lacked jurisdiction to conduct an investigation because Palestine was "not a state".

ICC chief prosecutor Fatou Bensouda dismissed the challenge as she chastised "misinformation and smear campaigns" which she said would not change facts about the conduct of the court.

Continue erading @ Press TV

ICC Rejects Australia's 'Unfounded' Challenge To Probing Israeli War Crimes

From Sydney Criminal Lawyers news of a protest against Australia moves to protect the war crime regime of Israel from ICC investigation  

On Wednesday, Israeli president Reuven Rivlin paid a visit to Australian parliament in Canberra. And to greet him was a vigil for Palestinian human rights, which involved a number of federal parliamentarians, including Andrew Wilkie, Mehreen Faruqi and Adam Bandt.

Hosted by APAN – Australia Palestine Advocacy Network, the action was protesting the decision of the Morrison government to officially contest an investigation by the International Criminal Court (ICC) into war crimes perpetrated in Palestine.

ICC prosecutor Fatou Bensouda announced in December that her preliminary inquiry into the situation in Palestine found all statutory criteria had been met for the case to proceed. However, she put her findings to review due to the “unique” situation of the occupied Palestinian territories.

Australia’s objection was put to the court after hard lobbying from Israel, which, along with the US, is not a party to the ICC. This country was one of only six nations to advise the court as to its contention to the war crimes inquiry. 

Continue reading @ Sydney Criminal Lawyers

Australia Moves To Block An Investigation Into War Crimes In Palestine

From Information Clearing House writes on the murderous culture in Israel.

By Gideon Levy
This is what the editor of Haaretz’s Culture and Literature supplement, Benny Ziffer, wrote on his Facebook page upon returning from paying a condolence call in the settlement of Ofra: 

En route I looked at the Palestinian villages alongside the Jewish communities, and I thought of how for the Palestinians murder is a type of sport or enjoyment, perhaps a substitute for erotica. From that perspective we will never have anything culturally in common with them.

And if that weren’t enough, Ziffer also wrote:

Regarding this evil and undignified people living among us, we can only yearn for the land to vomit it out, because it isn’t worthy of this land, which is full of Jewish blood that it has spilled. 

His post generated no comment …


… If there’s a culture of killing, it actually exists in Israel. Soldiers and policemen who shoot to kill as a first choice testify to a warped morality. Fear, hatred, self-pity, the security cult, dehumanization and an itchy trigger finger are all Israeli cultural traits that lead to this mass blood-letting, but woe unto anyone who dares define Israel as having a murderous culture. He’d be condemned as an anti-Semite. The Palestinian people, on the other hand, are one of the most restrained people in history in its violent resistance to occupation and injustice. That’s the truth, there’s no denying it.

Continue reading @ Information Clearing House.

If There’s Such A Thing As A Murderous Culture, Then It Exists In Israel

Stanley L. Cohen argues that the concept of Israeli Justice for the people the Israeli state murders is pie in the sky.

 
“Doctrine of Futility”

Seventeen years ago, 23 year old Rachel Corrie (a Washington State volunteer with the International Solidarity Movement) was crushed to death by an armored military bulldozer as she stood on top of a mound of dirt trying to prevent the dozer from destroying a civilian home in the Southern Gaza Strip village of Rafa. 
 
Drawing by Nathaniel St. Clai

Wearing a bright orange vest and shouting out at the bulldozer through a megaphone, Corrie was murdered for the temerity of her unarmed act of peaceful defiance. More than a dozen years later the Israeli Supreme Court rejected her parents’ suit to hold Israel’s military accountable for her death. In finding that an “explicit statutory provision of the Knesset overrides the provisions of international law”, the Israeli High Court sacrificed well more than a century of settled international protections, including those memorialized under the laws of war and human rights, to the endless Israeli talisman of “wartime activity.”

More than a few historians can recall that very chant, raised and rejected at the Nuremberg Tribunals, which held Nazis accountable for targeted attacks on civilians throughout World War II.

Less than two months after the murder of Corrie, 34 year old James Henry Dominic Miller (a Welsh cameraman, producer and director who had won five Emmy awards for his work) was shot dead by an Israeli soldier, at night, while filming a documentary in the Rafah refugee camp. Moments after he and his crew left a Palestinian home bearing a white flag, two shots rang out. After the first shot a crew member cried out, “…we are British journalists.”. Soon, a second shot hit Miller, killing him instantly. Initially, one spokesperson reported that after the IDF discovered a tunnel at the house Miller had exited, he was shot in the back when caught in the middle of a crossfire precipitated by an anti-tank missile fired at Israeli troops. Another spokesperson said his death occurred during “…an operation taking place at night, in which the [Israeli] force was under fire and in which the force returned fire with light weapons.”

Later, both versions were retracted when it turned out that the round that killed Miller had entered not through his back but the front of his neck. Likewise, the tale of crossfire fell apart with witnesses reporting no such exchange of gunfire and none having been heard on an audio recording made contemporaneous to the incident.

Some two years later, an Israeli military police investigation into Miller’s killing was closed without returning any criminal charges against the Israeli soldier suspected of firing the fatal shot … though he was to be “disciplined” for violating the rules of engagement and for altering his account of what had occurred.

The following year, an inquest jury at St Pancras Coroner’s Court in London returned a verdict finding that Miller had been “murdered” and that the fatal shot matched rounds used by the IDF. Not long thereafter, the UK Attorney General made a formal request to Israel for it to prosecute the soldier responsible for firing the shot. That request was ignored. To date, no such proceedings have been undertaken by Israel …be it by an independent investigatory body, the military or the office of the state prosecutor.

In March of 2009, thirty-eight year old California native, Tristan Anderson, was hit in the forehead by a high-velocity teargas canister fired directly at him by an Israeli border policeman, some 60 metres away, following a regular joint Palestinian -Jewish demonstration against the Israeli separation barrier in the West Bank village of Ni’lin. When struck, Anderson was simply talking with three or four other activists in the center of the village some distance from the “shame wall” where the demonstration had earlier occurred. In the months prior, four Palestinians had been killed by soldiers during like demonstrations.

Taken to a hospital with his head split open, Anderson underwent three emergency brain operations which required the partial removal of his frontal lobe. The surgery, which left him in a coma and in critical condition, blinded his right eye and paralyzed half of his body. After fifteen months of hospitalization, Anderson returned home where, a decade later, he continues to require around the clock care because of permanent cognitive impairment and physical disability.

Several days after Anderson was crippled, Israeli police opened an investigation into the circumstances of the shooting. Given the 400 plus metre range of the canister, and their respective positions, there was clear evidence of criminal intent on the part of the soldier who shot Anderson. Despite this, the investigation was closed, some six months later, without explanation or any public finding… and with no criminal charges filed against any police or military personnel.

When no criminal charges were filed against those involved, the Andersons filed a civil law suit against Israel but waited years for the case to proceed in an Israeli court. Years later, the case remains very much in a state of judicial limbo with no determination as to it merits. Not unusual at all, counsel for the Anderson’s has noted that “…[t]he astonishing negligence of this investigation and of the prosecutorial team that monitored its outcome is unacceptable, but it epitomizes Israel’s culture of impunity. Tristan’s case is actually not rare; it represents hundreds of other cases of Palestinian victims whose investigations have also failed.”

As she walked out of the courtroom after a judicial proceeding into the civil lawsuit regarding the shooting of her partner, Gabby Silverman, who is Jewish, was served with an order that she had to leave Israel within the following 7 days because there was “insufficient proof that there was a lawsuit going on, and insufficient proof that she is a Jew.”

These three matters involving the murder or cripple of foreign nationals by Israel are very much the rule and not the exception in a state that sees dissent or disobedience as an open invitation for retaliation. For the fortunate, it means but arrest or expulsion for the less so …outright assassination.

For those who survive politically rooted Israeli assault, or their mourning heirs, the road to equity remains a dead end… one blocked by walls of incompetence or indifference… smothered by systemic delay and legislative fiat that convert black robes of justice to mere rubber stamps of state. To be sure, Israel’s failure to promptly and thoroughly investigate facts and circumstances, let alone to prosecute its agents… military or otherwise… who commit crimes against foreign nationals or to provide for an equitable and expeditious civil remedy for them or their loved ones, is well-known, indeed, notorious throughout the world.

For Palestinians, every step outside their home is to navigate a mine field of uncertainty; every encounter with an Israeli soldier or police officer a literal tempt to their life or liberty. The famed Israeli human rights center, B’Tselem, has archived a veritable cemetery of Palestinians victimized by extra-judicial Israeli assassination. Most cry out for justice from beyond the headstones that mark their name with little else but the smile of their memory. Meanwhile, loved ones wait for the call of justice… an echo, for almost all, never to be heard.

On July 13, 2011, twenty-one year old Ibrahim ‘Omar Muhammad Sarhan was shot dead at al-Far’ah Refugee Camp by soldiers who ordered him to stop during an arrest operation. When he refused, he was killed. Though a military investigation into his killing was opened, it was eventually closed, with no one charged, on the grounds “…that the shooting soldier’s conduct was not unreasonable given the overall circumstances and his understanding of the situation at the time.”

On February 23, 2012 twenty-five year old Tal’at ‘Abd a-Rahman Ziad Ramyeh was shot dead at the northeast corner to a-Ram, al-Quds District, after throwing a firecracker at soldiers during a clash with demonstrators. A military investigation into his death was closed “…on the grounds that the gunfire that killed Ramyeh was carried out in accordance with open fire regulations.”

On March 27, 2012, twenty-seven year old Rashad Dhib Hassan Shawakhah was wounded, in the village of Rammun, when he and his two brothers confronted two out-of-uniform soldiers who approached their home in the middle of the night. Believing the men to be burglars, the brothers, armed with a knife and a club, confronted the soldiers who, without identifying themselves, shot the three of them. Uniformed soldiers arriving at the scene shot Rashad, again, as he lay wounded on the ground. He died six days later. Although a military investigation was opened, more than seven years later no action has yet been taken.

On January 15, 2013, sixteen year old Samir Ahmad Muhammad ‘Awad of Budrus, Ramallah District, was shot and killed by soldiers near the Separation Barrier. After crossing the first barbed wire fence of the barrier, Awad was shot in the back and in the head as he tried to flee the soldiers’ ambush and return to Budrus. Although two soldiers were indicted, several years later, for reckless and negligent use of a firearm, the charges were eventually dismissed when prosecutors told the court that because their evidence had “weakened” there was no longer “…a reasonable prospect of conviction.”

On January 23, 2013, twenty-one year old Lubna Munir Sa’id al-Hanash was shot and killed while walking on the grounds of Al-‘ Arrub College, after a Molotov cocktail was thrown at an Israeli car traveling ahead of the vehicle in which the soldier who fired and the second-in-command of the Yehuda Brigade were passengers. The following year, an investigation into the killing by the military was closed after a finding that the “… shooting did not breach protocol and did not constitute any type of criminal offense.”

On December 7, 2013, fifteen year old Wajih Wajdi Wajih a-Ramahi was shot in the back and killed by soldiers, at the Jalazon Refugee Camp, while standing in the vicinity of teenagers in the camp who were throwing stones at the soldiers from approximately 200 meters away. Six years later, the case remains under military “investigation.”

On March 19, 2014, fourteen year old Yusef Sami Yusef a-Shawamreh of Deir al-‘Asal al-Foqa, Hebron District, was shot by soldiers after he and two friends crossed a gap in the Separation Barrier to gather gundelia [Arabic: ‘Akub], a thistle-like edible plant. Not long thereafter, a military investigation of the shooting was closed with a finding of the “…absence of a suspected breach of open fire regulations or criminal conduct on the part of any military personnel.”

On May 15, 2014, sixteen year old Muhammad Mahmoud ‘Odeh Salameh was shot in the back and killed in a protest near the village of Bitunya, near the Ofer military base, that included stone-throwing. He was not throwing stones when killed. Two years later, the military closed an investigation into the killing after it claimed that no evidence was found connecting a soldier to the shooting.

On July 22, 2014, twenty-nine year old Mahmoud Saleh ‘Ali Hamamreh of Husan, Bethlehem District, was shot in the chest and killed by soldiers when he stepped out of his grocery shop to observe clashes underway in the village. While a military investigation was initiated soon thereafter, four years later no decision has yet to be reached.

On August 10, 2014, ten year old Khalil Muhammad Ahmad al-‘Anati of the al-Fawwar Refugee Camp was shot in the back by a soldier while near other boys who were throwing stones at a military jeep in the Camp. He died of his wounds in hospital. Several years later, a military investigation into the child’s killing ended after “…the investigation found that the troops had acted out of a sense of mortal danger, and that no link between the gunfire and the death of the boy… could be proven.”

On July 23, 2015, fifty-three year old Fallah Hamdi Zamel Abu Maryah of Beit Ummar, Hebron District, was killed after soldiers entered his home, to make an arrest, and shot and wounded his son. When Abu Mariyah threw pottery at the soldiers from a second floor balcony of his home, soldiers shot him three times in the chest. A military “investigation” continues.

On September 18, 2015, twenty-four year old Ahmad ‘Izat ‘Issa Khatatbeh of Beit Furik, Nablus District, who was congenitally deaf, was shot in the back by soldiers near the Beit Furik Checkpoint. He died six days later. To date, it appears no investigation into his killing has been initiated.

On September 22, 2015, eighteen year old Hadil Salah a-Din Sadeq al-Hashlamun of Hebron was shot and killed when hit multiple times in her legs and upper body after refusing to stop on her way out of the Police (Shoter) Checkpoint. As it turned out a concealed knife was recovered from her. No criminal investigation into her killing was undertaken.

On October 5, 2015, thirteen year old ‘Abd a-Rahman Shadi Khalil ‘Obeidallah of the ‘Aydah Refugee Camp, Bethlehem District, was shot dead by soldiers as he stood, with other teenagers, approximately 200 meters away from a military post at Rachel’s Tomb where minor clashes were underway between Palestinians and soldiers. Although a military investigation into the child’s killing was initiated, no decisions have been reached more than four years later.

On November 6, 2015, seventy-two year old Tharwat Ibrahim Suliman a-Sha’rawi was shot dead by soldiers standing on a road after they “suspected” she was trying to run some of them over. Even after the car passed, soldiers continued firing at her. The military reported no investigation was launched as a “…preliminary review of the incident did not indicate suspicion of a criminal offense.”

On November 13, 2015, twenty year old Lafy Yusef Mustafa ‘Awad of Budrus, Ramallah District, was critically injured when shot in the back by soldiers after he broke free from their grasp and began to flee. Driven to hospital in a civilian vehicle, which necessarily took longer because of a military checkpoint, he was pronounced dead upon arrival. No investigation was undertaken as the military stated “…a preliminary review of the incident did not indicate suspicion of a criminal offense.”

On December 11, 2015, fifty-six year old ‘Issa Ibrahim Salameh al-Hrub of Deir Samit, Hebron District was shot and killed by Border Police and soldiers who “suspected” he was trying to run them over. Six months later, the military advised that no investigation would be launched into the incident as a “…preliminary review of the incident did not indicate suspicion of a criminal offense.”

On December 18, 2015, thirty–four year old Nasha’t Jamal ‘Abd a-Razeq ‘Asfur of Sinjil, Ramallah District, was shot and critically wounded, while walking home, by soldiers more than a hundred meters away who opened fire while other Palestinians threw stones at them. He died later that day in hospital. While a military investigation was opened it was apparently closed without any charges.

On February 10, 2016, fifteen years old ‘Omar Yusef Isma’il Madi of the al-‘Arrub Refugee Camp, Hebron District, was shot dead by a soldier in a military tower, at the entrance to the camp, while stones were being thrown at the tower. Though an investigation was launched, more than three year later no conclusion has been reported.

On May 4, 2016, twenty-three year old Arif Sharif ‘Abd al-Ghafar Jaradat of Sa’ir, Hebron District, (who had Down’s syndrome) was shot as he approached soldiers as they were leaving his village. He died six weeks later. Although a military investigation was closed because “…the gunfire at the casualty did not deviate from open-fire regulations” an appeal has been filed.

On June 21, 2016, fifteen year old Mahmoud Raafat Mahmoud Mustafa Badran of Beit ‘Ur a-Tahta, Ramallah, was fatally shot… and four other young men injured… by soldiers who fired on their car while they were driving through a tunnel on their way home from a night at a swimming pool. An investigation was closed by the military which concluded “…in light of the circumstances of the incident, the miss-identification of the car was an honest and reasonable error, and it was permissible for the troops to initiate suspect apprehension procedure.”

On October 20, 2016, fifteen year old Khaled Bahar Ahmad Bahar of Beit Ummar, Hebron District, was shot in the back and killed as he ran into a grove fleeing soldiers. Although an investigation was reportedly begun, more than three year later no action has ensued.

On October 31, 2017, twenty-six year old Muhammad ‘Abdallah ‘Ali Musa of Deir Ballut, was shot dead by soldiers, while driving to Ramallah with his sister, after soldiers had reportedly been alerted that a suspicious vehicle was approaching. Ordering the car to stop, one of the soldiers began to fire at the car, and continued even after it had passed by, without any of its passengers having tried to harm anyone. It was reported that Musa lay wounded on the ground for some 10 minutes without receiving any medical care and was later seized by soldiers while being treated by a Palestinian ambulance team. Two years after the military opened an investigation, it was closed because the soldiers had “…acted in accordance with open-fire regulations and because their operational actions did not evince ethic deficiency.”

On January 30, 2018, sixteen year old Layth Haitham Fathi Abu Na’im of al-Mughayir, Ramallah, was shot in the head and critically injured by a rubber-coated metal bullet fired by a soldier from 20 meters away, after returning to his village post clashes he had taken part in had ended. A military investigation is pending.

On December 4, 2018, twenty-two year old Muhammad Husam ‘Abd a-Latif Hbali of Tulkarm Refugee Camp, was shot in the head by soldiers from behind. Intellectually disabled, when shot, he was moving away from soldiers while carrying a stick. All was quiet at the time he was shot. A military investigation has been on-going since.

On December 14, 2018, eighteen year old Mahmoud Yusef Mahmoud Nakhleh of al-Jalazun Refugee Camp Ramallah, was shot in the back by soldiers from about 80 meters away while running near the entrance to the refugee camp… after others had thrown stones at a military post at its entrance. Soldiers dragged Nakhleh away by the arms and legs and denied him medical treatment for about 15 minutes. He died soon thereafter. A year ago, a military investigation was launched.

On December 20, 2018, seventeen year old Qassem Muhammad ‘Ali ‘Abasi of Ras al-‘Amud, East Jerusalem, was fatally shot in the back by soldiers, who were stationed near a checkpoint, as the car in which he and three of his relatives were passengers was driving away from the checkpoint. A military investigation was opened.

On March 20, 2019, twenty-two year old Ahmad Jamal Mahmoud Manasrah of Wadi Fukin, Bethlehem, was shot dead by a soldier who fired at him from a military tower near a local checkpoint. At the time he was killed, he was helping a family whose car had been shot at by soldiers and had pulled over. An investigation is pending.

On March 7, 2019, seventeen year old Sajed ‘Abd al-Hakim Helmi Muzher, a volunteer medic, from the a-Duheisheh Refugee Camp, Bethlehem District, was shot in the stomach as he ran to evacuate a Palestinian who had been shot in the leg when stones were being thrown at troops who had entered the camp. He died later that day. A military investigation is on-going.

These horrors are but a microcosm of a deadly, systemic tradition that has raged unabated for generations in which thousands of largely young Palestinians have been targeted, crippled and murdered without penalty of consequence to Israel’s military or security structure… essentially unmonitored and uncontrolled… indifferent to human rights and international law. Yes, there have been those rare empty exceptions in which a perverse judicial performance has made a mockery of life and law with token punishment meted out for crimes that shock the conscience of humanity.

Thus, on January 1, 2013, twenty-one year old ‘Udai Muhammad Salameh Darawish of a-Ramadin, Hebron District, was shot dead by soldiers near the Meitar checkpoint as he fled them after he entered Israel, for work purposes, without a permit. Following a military investigation and plea bargain to negligent manslaughter, a soldier received a seven-month suspended sentence and was demoted to sergeant.

Two more recent judicial miscarriages remind us, once again, that law in Israel remains but a gavel for Jews and a bludgeon for all others:

On May 10th of this year, Elor Azaria, an Israeli medic who faced up to 20 years upon his conviction for manslaughter, walked out of prison after serving but nine months of an eighteen month sentence originally imposed on him by a military court. It was subsequently reduced to fourteen months by the IDF chief of staff and then again by the army’s prison parole board (and agreed to by military prosecutors) for his cold-blooded execution of twenty-one year old Abdul Fatah al-Sharif who lay injured and motionless on the ground after stabbing, but not seriously injuring, an Israeli soldier in Occupied Hebron. With calm, deliberate ease, Azaria was recorded as he approached his victim, cocked his rifle and executed him with a single shot to his head.

Not long ago, an Israeli military court sentenced a soldier to one month of the military’s equivalent of community service over the execution of fifteen year old Othman Rami Halles who he shot dead during protests near the Israel fence east of the Gaza Strip on July 13, 2018. The unnamed soldier was convicted for “…acting without authorisation in a manner endangering to life and well-being.”

These sentences pale in comparison to those routinely imposed upon Palestinian children convicted of throwing stones. For example, sixteen year old stone thrower Saleh Ashraf Ishtayya was sentenced to three years and three months in prison. Fourteen year-olds Muhammad Ahmad Jaber and Murad Raed Alqam received three year sentences. Seventeen year old Muhammad Na’el and sixteen year old Zaid Ayed al-Taweel each received two years and four months in prison for the same offense. None of these children injured, let alone, took the life of an Israeli.

Tragically, casualties have long been the anguished, up-close face of the Occupation with an historical character that wields a deadly reach unmatched and long ignored by the world. As very much a perverse rite of passage, thousands of Palestinian civilians have paid the ultimate price for little more than their presence… lost to multiple high-tech military operations that have targeted residential communities and schools, hospitals and core infrastructure. Many more have been wounded or crippled by relentless Israeli attacks designed to leave survivors not just overwhelmed and battered but with a sense of isolation and futility. Nowhere has this brutal assault on fundamental human rights and international law been more conspicuous than through the sniper attacks on Gaza, over the past 18 months, that have slaughtered or injured tens of thousands of demonstrators whose only weapons have been the step of their march and the resound of their voice. And what of international law?

Volumes have been written on humanitarian law… the law of war and human rights. No doubt they line the walls of judicial halls throughout Israel… from its lowest military courtroom in the Occupied Territories to the highest civilian chamber that claims to rule supreme as the guardian of due process and equal protection for Israeli citizens and those held captive by it. Yet, even a cursory glance by an untrained eye leaves the imprint of a judicial system that is subservient to the chant of state security and legislative fiat and slowed to a process of delay that drags on and on for years leaving no one but Israeli Jews comfortable in the notion that they will have their day in court and with speed and fairness.

Millions of Palestinians are held captive in the Occupied Territories be it in the West Bank by security onslaught or military patrol or by the heap of Concertina wire, sniper mounds and air force and naval watch that keeps all of Gaza imprisoned every minute of every hour of every day. For these foreign nationals… and they are foreign nationals… they never see the inside of an Israeli civilian court or the due process it infers. For these perpetual prisoners, the uniformed soldiers that carry weapons become uniformed soldiers that investigate and prosecute cases to uniformed soldiers that pass judgment adorned not by robes of independence but by order of salute. As noted above in the archive of causality, few if any Palestinians ever obtain due process and equal protection of the law, let alone with independent and foreseeable resolution, as investigations and cases linger on for years pushed, predictably, to the back of the line as each new public outrage unfolds. This is not justice but the “Doctrine of Futility” at its primordial worst.

International Relief

It is settled law that before seeking international relief, aggrieved parties must first seek redress for harm, caused by a state, within its own domestic legal system. Exhaustion of local remedies (ELR) is intended to uphold state sovereignty by recognizing its own judicial process as a presumptive vehicle for the independent, equitable and expeditious resolution of claims against the state. ELR presumes a state’s judicial and administrative systems provide for a credible and apolitical avenue for injured foreign nationals to obtain their day in court before moving-on for diplomatic protection or undertaking international proceedings directly against the state. Yet, very much the proverbial beauty locked in the eyes of the beholder, provisions like equitable, independent and expeditious are routinely recast by repressive regimes across the globe to mirror little more than partisan safeguard of the state’s tyrannical needs and agenda.

Nowhere is that more palpably evident or painfully clear than it is in Israel where judicial remedies have long and repeatedly proven to be little more than a convenient faith based tease… a non-existent march to the beat of the overarching political gavel of the Knesset. For Israeli Jews, “all rise” portends opportunity denied all others. For Israeli Jews, lady justice cheats as she peeks out from behind her blindfold… for all others, she is but a symbol without a sign.

The ELR rule is a foundational mainstay of all global and regional international human rights entities and covenants. For example, within the UN, the International Covenant on Civil and Political Rights mandates that it’s Human Rights Committee “shall deal with a matter referred to it only after it has ascertained that all available domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law.”

Likewise, the European Convention on Human Rights provides that the European Court of Human Rights “may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognized rules of international law.”

The American Convention on Human Rights requires exhaustion of local remedies “in accordance with generally recognized principles of international law” before the submission of petitions or communications to the commission.

The African Charter on Human and Peoples’ Rights provides that the Commission “can only deal with a matter submitted to it after making sure that all local remedies, if they exist, have been exhausted, unless it is obvious to the Commission that the procedure of achieving these remedies would be unduly prolonged.”

This exemption is but one of several that find smooth fit within the so-called “Doctrine of Futility.” Under this doctrine, while release from the requirements of the ELR fluctuates from venue to venue, by-in-large one need not chase domestic justice where none can be had. Thus, in general, ELR may be bypassed:

a. If the domestic legislation of the state concerned does not afford due process of law for the protection of the right or rights that have allegedly been violated;

b. If the party alleging violation of his rights has been denied access to the remedies under domestic law or has been prevented from exhausting them; or

c. If there has been unwarranted delay in rendering a final judgment under these remedies.

Israel is a veritable primer, a law school’s teach, on when and where all three damning exemptions merge to validate an apt and speedy march to the nearest international forum in pursuit of justice and human rights otherwise wilfully denied foreign nationals in any courthouse or military barrack that flies the banner of the Star of David.

And just who are foreign nationals? In most jurisdictions they cut a relatively narrow swath; typically but a handful of tourists, temporary workers, or businesses and those incidentally injured by practices of cross-border states. Yet, the numbers balloon to millions of foreign nationals in occupied Palestine where all aspects of every Palestinian’s life is impacted… if not controlled… daily by an occupation force and judicial process of another state.

Independent of the pervasive culture of military and security violence and its companion lack of fairness and accountability, the Israeli judicial system… both criminal and civil… presents a compelling case study in a double standard delayed and disabled based solely upon ones faith and national identity.

Child Prisoners

Over the last two decades, more than 8,000 Palestinian children (foreign nationals) have been arrested in the Occupied Territories and prosecuted in an Israeli military system devoid of any meaningful due process or equal protection for the most vulnerable and traumatized among those that have known nothing but the bark of occupation their entire lives. It is a military justice process notorious for the systematic ill-treatment and torture of Palestinian children.

Several hours after their arrest, these children arrive at an interrogation and detention center alone, tired, and frightened. All interrogations, by their very nature, are inherently coercive no matter the age or experience of its victim. None are more so than for an often bruised and scared child forced to go through the process without the benefit of counsel or the presence of parents who are never permitted to participate.

Israeli law provides that all military interrogations must be undertaken in a prisoner’s native language and that any statement made must be reduced to writing in that language. Despite this prohibition, Palestinian detainees are typically coerced into signing statements, through verbal abuse, threats, and physical violence, that is memorialized by police in Hebrew… which most cannot understand. These statements usually provide the main evidence against children in Israeli military courts.

The Military Court Process

The military “courts” themselves are held inside military bases and closed to the public… and usually family members of the accused. Within these courts, military orders supersede Israeli civilian and international law.

In military courts, all parties… the judge, prosecutor and translators… are members of the Israeli armed forces. The judges are military officers with minimal judicial training and, by-in- large, served as military prosecutors before assuming the bench. The prosecutors are Israeli soldiers, some not yet certified as attorneys by the Israeli Bar. Under the rules of Occupation, all defendants in military courts are Palestinian… as the jurisdiction of the Israeli military court never extends to some eight hundred thousand Jewish settlers living in the West Bank who are accorded the full panoply and safeguard of Israeli civil law.

Under military law, Palestinians can be held without charge, for the purpose of interrogation, for a total period of 90 days during which they are denied the benefit of counsel. Detention can be extended without limit and requires but an ex parte request of military prosecutors. By comparison, a Jewish citizen accused of a security offense, within the Occupied Territory, can be held without indictment in the civil process for a period of up to 64 days during which time counsel is available at all times.

Though Palestinian detainees are entitled to military trials which must be completed within eighteen months of their arrest, their detention can be extended indefinitely, by a military judge, in multiple six-month increments. It is this limitless process which has left thousands of Palestinian political detainees imprisoned for years on end without the benefit of counsel, formal charges, or trial. The comparable time limit for detainees in Israeli civilian courts is no more than nine months.

While criminal liability begins at age twelve for Palestinians and Israelis alike, under the military system Palestinians can be tried as adults at sixteen. For Israelis, prosecution as an adult in a civilian court is eighteen. This two year difference, without physical distinction of consequence, can mean a sentence disparity of many years should a conviction ensue. In some cases, it can literally mean a difference between a few years in prison versus decades upon conviction.

Although the United Nations has repeatedly held that the military justice system in the Occupied Territory violates international law, it has done nothing to ensure equal protection and due process to hundreds of thousands denied justice by virtue of being Palestinian and nothing else. This continues to be true for Palestinian minors. According to B’tselem “…at the end of October 2019, 185 Palestinian minors were held in Israeli prisons as security detainees and prisoners, including one under the age of 14.”

Neighborhood Cleansing


With the onset of the Occupation in 1967, Israel initiated a wide range of largely extrajudicial strategies in its incessant effort to claim new municipal boundaries and to remake the age old Palestinian character of east Jerusalem. What began with the seize of large swaths of vacant land surrounding the Old City… for the construction of illegal Jewish settlements… eventually gave rise to the de facto annexation of East Jerusalem… universally condemned as a flaunt of international law. However, never ones to allow legal standards to become barricade to political needs, successive Israeli governments have accelerated the Judaization of the historic capital of Palestine, typically using the call of security as a pretext, while Israel’s judiciary has looked away…largely indifferent to its responsibility to ensure that equal justice be done.

Recently, Israel destroyed 10 mostly unfinished buildings containing some 70 apartments, in the Wadi Hummus neighborhood on the edge of southeast Jerusalem, which were being built with permits issued by the Palestinian Authority in an area under its recognized jurisdiction. Displacing 17 Palestinians, including an older couple and five children, from apartments that were finished, the demolitions also left several hundred others, awaiting housing in the buildings, saddled with ensuing economic loss. Though condemned by the United Nations, the government nonetheless proceeded with the demolitions after Israel’s High Court refused to intervene on the grounds that the project was being built in a military-declared buffer zone near a “security” fence that had gone up years before. That barrier, which is part of the system of steel fences and concrete walls which runs throughout the West Bank and around Jerusalem, was subsequently found to be illegal by the International Court of Justice in 2004. Like hundreds of other international declarations, Israel ignored the findings.

The destruction of these residential buildings is by no means an isolated or unpredictable phenomenon. In point of fact, another one-hundred buildings completed, or under construction, under similar circumstances in the same neighborhood, face the same risk.

While the proffered basis for demolitions has changed to suit the Israeli needs of the moment, they play an essential mainstay in its intended policy of ethnic cleansing throughout east Jerusalem. This modern-day pogrom finds its genesis in a cap that was placed on the expansion of Palestinian neighborhoods in the days following the seizure of east Jerusalem, thereby forcing many to build illegally according to the laws of the Occupation. This artificial limit has been exacerbated by systemic discrimination when it comes to the issue of building permits in east Jerusalem. Though Palestinians make up more than 60% of the population of the Old City according to the Israeli civil rights group Peace Now, they have received just 30% of the building permits issued by Israel dating back to 1991. Given these circumstances, it has been estimated that more than twenty-thousand housing units built in traditional Palestinian neighborhoods dating back to 1967 fall into the category of illegal… thus placing them at risk of demolition no matter what their condition, how long they have stood or the numbers of their occupants.

This danger has found new impetus since the United States moved its Embassy to east Jerusalem, essentially declaring it to be the capital of Israel. Emboldened by this act, and not now fearing either political or economic reprisal by the United States (or meaningful intervention by its own courts), Israel has recently accelerated its demolition policy leading to the destruction of several hundred residential and commercial structures… leaving hundreds of Palestinians homeless and dozens of businesses in ruins.

While precise figures are unknown, it is estimated that, over the last fifteen years, more than one thousand- five hundred residential and commercial units have been demolished by Israel leaving more than three-thousand Palestinians homeless… including some one thousand- five hundred minors.

Of late, we have seen an increase in the number of demolitions carried out by Palestinians, themselves. While some construe the demolition of several dozen Palestinian structures by their own residents as almost a willful, romanticized act of political defiance, self-demolition has less to do with self-determination than it does the unbearable cruelty and cost of the moment. The aching reality is that a judicial system without justice has authorized the state to bill those for the cost of the destruction of their own homes… lest they do so themselves.

Collective Punishment

While Israeli authorities have argued that punitive home demolitions provide “…a severe message of deterrence to terrorists and their accomplices”, such demolitions violate the Fourth Geneva Convention as well as a host of Israel’s human rights obligations… in particular that no-one should be punished for an act they did not commit. Under Israeli law, those subject to punitive home demolitions are accorded an opportunity to appeal a demolition order to a court. However, Israel’s High Court has routinely refused to consider the absolute prohibition in customary international law against collective punishment of civilians in occupied territory when ruling on petitions against punitive home demolitions in the West Bank, including in east Jerusalem. As almost settled law, the Court has held that demolitions can, in general, be justified as “proportionate” when balanced against the need to deter other Palestinians from carrying out future attacks. Moreover, as a practical matter, rare are the opportunities for prospective victims to obtain timely judicial relief thru applications for review of looming military demolitions.

Thus, according to Article 119 of the Military Authority, the IDF commanders responsible for application of military measures in the West Bank and East Jerusalem are empowered to confiscate and demolish any property, if he determines that the inhabitant…and not necessarily owner… of the property resorted to terrorist violence. That power is not vested or required to go through judicial process but rather is purely administrative. Thus there is no need for a court order to authorize house demolitions and the evidence required to demolish a home carries for the military a low threshold of internal administrative proof …“…convincing in the eyes of a reasonable decision maker.”

Though reprisal has long enjoyed a high degree of support among the Israeli public, and thus politicians, there can be no reasoned debate over whether house demolitions constitute a form of collective punishment, and thus a war crime. Prohibited under basic principles of human rights law and Articles 33 of the Fourth Geneva Convention of 1949 and Article 50 of the 1907 Hague Regulations, demolitions also constitute cruel, inhuman and degrading punishment and are selectively applied as against Palestinians and never Jews who commit acts of terrorism.

At their core, these demolitions, which also violate the prohibition on the destruction of private property set forth under Article 53 of the Fourth Geneva Convention and Article 23(g) of the 1907 Hague Regulations, seek not to penalize a “terrorist” who is likely dead or in custody charged with serious offenses and facing years, if not decades, in prison, but rather, family members who reside in the home targeted for military reprisal. Thus, innocent parents, husbands or wives, children and siblings or other residents are left homeless as they are forced to bear the consequences of the acts of loved ones, even in the absence of any prior knowledge or nexus to them.

Although Israel has periodically suspended home demolitions, in times of heightened tension or militant resistance they have become very much part of the military mainstream since the onset of the Occupation. While the exact number of such demolitions is neither documented nor certain, it is estimated that more than 2,000 Palestinian homes have been destroyed pursuant to Article 119 since 1967. Though the Israeli High Court requires the IDF commander to hold a hearing for the residents of a property to be destroyed and permits a petition to the court to stay the demolition, these “safeguards” have proven to be a promise without purpose. While the court has stressed those demolitions are harsh security measures that should be used only in “extreme circumstances” not once has it overridden the authority of the IDF to proceed accordingly.

Lest there be any doubt that history can be but a harbinger of things to come, some of those that run the bulldozer of today in Palestine are progeny of those who picked through the rubble of homes and businesses ransacked and destroyed as collective punishment for acts of terrorism. Undoubtedly a pretext, in 1938, following the assassination of a German Embassy attaché in Paris by a young Polish-German Jew, a campaign of collective reprisal was unleashed against Jews in Germany. Known as Kristallnacht, crowds set fire to synagogues, smashed shop windows, demolished furniture and stocks of goods with the approval of the German Government. Years later Nazis applied the principle of Sippenhaft (collective responsibility) to avenge the assassination of Reinhard Heydrich ,the architect of the “Final Solution to the Jewish question”, through mass executions and the destruction of two Czech villages… Lidice and Lezaky.

With predictable promote, Prime Minister Netanyahu recently indicted the ICC investigation of Israel for war crimes and crimes against humanity as little more than anti-Semitism. Putting aside Netanyahu’s readily transparent canard, at its core, the ICC typically does not exercise its jurisdiction pursuant to the Rome Statute unless and until a state fails to provide a meaningful domestic remedy for violations of international law. On this score, few can deny that no such equitable and effective opportunity exists within Israel. As noted by Human Rights Watch, “…the impetus for the establishment of the ICC is the stark failure of national court systems to hold the perpetrators of genocide, crimes against humanity, and war crimes accountable under law.”

Be it by virtue of the blanket political control of the Knesset or the deadly untamed reach of its security apparatus, Israel’s judiciary stands as an emasculated reminder that foreign nationals, whether occupied Palestinians or Westerners seen as enemies of the state, have not, and cannot, obtain due process and equal protection of the law, let alone in an independent and expeditious manner, through Israel’s judicial process. Under these circumstances, the Doctrine of Futility overshadows the need to exhaust local remedies to seek international relief for domestic wrongs. The Doctrine does not provide for an easy and settled pathway for foreign nationals to obtain justice outside the confines of extant domestic procedure. Yet, at its core, this international exemption finds its greatest potential and need when and where, as here, a judicial system is built upon a double standard of law… one for Palestinians, the other for Jews.
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Stanley L. Cohen is lawyer and activist in New York City.

Israeli Justice… A Futile Chase