Wednesday, 6 May 2009

o caso do espião do AIPAC

fonte:counterpunch


Where's the Justice at the Justice Department?

The AIPAC Spy Case

By JAMES G. ABOUREZK

The big news last week was the defection of Republican Senator Arlen Specter to the Democrats; the bankruptcy filing of the Chrysler Corporation, and finally, the retirement of Justice David Souter from the U.S. Supreme Court.

A much smaller news item competing with these sensational stories was that the U.S. Justice Department announced that it is dropping the espionage charges against two former AIPAC agents. The story was so small that it barely was a blip on the media’s radar, bringing absolutely no comment on the network news and talk shows.

That’s known as clever public relations. Announce the bad news on a day when it won’t be noticed.

Steven Rosen and Keith Weissman had been charged in 2005 with the crime of espionage; specifically, handing over to Israel secret information they had retrieved from Larry Franklin, who was then a policy analyst in the U.S. Defense Department, working for Douglas Feith and for Paul Wolfowitz.

Franklin pleaded guilty to relaying top secret information on Iran to Rosen and Weissman, and was sentenced to 12 years and 7 months in prison, a term he is currently serving.

In the New York Times story detailing the Justice Department’s decision to drop the charges against Rosen and Weissman, the prosecutors claimed that the presiding federal judge, T.S. Ellis III, had raised the bar for the prosecution to prove its case against the two to a level they did not believe they could meet. The Judge said that the prosecutors could only prevail if they could prove that Rosen and Weissman “knew that their distribution of the information would harm U.S. National Security.” That was enough to make them dismiss the charges.

No one in the headquarters of the Justice Department took part in the announcement, but it was made by the prosecutors themselves, presumably the U.S. Attorney in charge of prosecution.

I’ve had some experience in court with U.S. Attorneys. What I know about how they operate is that if they don’t have a case, they will bring so many charges that forces the unlucky Defendant to plead guilty to at least one or two of them.

I would like to turn now the case of Sami Al-Arian, who was a college professor in Florida. Sami is a Palestinian, born in Kuwait. And why wasn’t he born in Palestine like a good Palestinian should be? Because, most likely, his parents were chased out of Palestine when Israel undertook its ethnic cleansing of that land in order to create an exclusive Jewish state.

Al Arian was charged in 2003 in a 50 count indictment, essentially with a plethora of terrorism charges. He waited 28 months in solitary in harsh conditions, before being tried in 2005. The trial lasted six months, with some 80 witnesses and 400 transcripts of intercepted phone conversations and faxes.

At the end of the prosecution’s case, Al Arian’s lawyers rested without offering any evidence or witnesses in his defense. After 13 days of deliberation, the jury acquitted Al Arian on 8 of 17 counts, and deadlocked on the other with 10 to 2 favoring acquittal. Two of the co-defendants charged along with Al Arian were totally acquitted.

Undaunted, the Justice Department prosecutors said they were considering re-trying Al Arian on the deadlocked jury charges, one of which carried a life sentence.

Rather than fighting on, Al Arian agreed to plead guilty to one count of conspiracy to contribute services to or for the benefit of the Palestinian Islamic Jihad (which is designated as a terrorist organization, but which the FBI admitted during trial had never carried out an attack outside of Israel. The United States has designated a number of Palestinian liberation groups as terrorists at the behest of Israel—groups that have never attacked the United States).

Al Arian had spent years in solitary confinement awaiting his trial. As part of his plea agreement the prosecution agreed not to charge Al Arian with any other crimes, and Al Arian agreed to expedited deportation.

He was, however, nearly re-charged when he refused to testify against another Palestinian organization. He went on a hunger strike, dangerous for a diabetic, but finally the prosecutors agreed that the agreement exempted him from testifying in other cases.Yet the charges have not been dropped and the government wants to strip Al-Arian of all his defenses. The judge in the case is considering a motion for dismissal based on the government's bait and switch tactics. The government is opposing this motion

One would have thought that, following the jury’s decision, the bar set by the jury in the Al Arian case would be so high that the prosecution would finally leave him alone. But there is apparently a difference between a Palestinian patriot and Americans spying for Israel. One group has a powerful lobby in Washington, and the other has nothing, except the urging of that powerful lobby to go after any Palestinian activist with criminal charges or anything else they can get their hands on.

The question is: Can you find the justice in the Justice Department?

James G. Abourezk is a lawyer practicing in South Dakota. He is a former United States senator and the author of two books, Advise and Dissent, and a co-author of Through Different Eyes. This article also runs in the current issue of Washington Report For Middle East Affairs. Abourezk can be reached at georgepatton45@gmail.com

a falta de moralidade do Ban Ki-moon

Ban Ki-moon's moral failure
Hasan Abu Nimah, The Electronic Intifada, 6 May 2009

UN Secretary-General Ban Ki-moon at a press conference in Gaza City outside the UN headquarters, still smoldering from the Israeli bombardment of the facility, 20 January 2009. (Wissam Nassar/MaanImages)

Late last week, according to the BBC Arabic news website, a report was submitted to the United Nations Secretary-General Ban Ki-moon about the scale of destruction Israel inflicted on UN installations in Gaza. This was also mentioned on a BBC news bulletin on 1 May, but I could find little trace of this story anywhere else.

The brief news item stated that the UN report contained secret information supplied by Israel about an incident in which more than 40 Palestinian civilians were massacred when Israeli shells fell "outside" a UN school where many Palestinians were taking shelter. The secretary-general is reportedly considering how much of the information he can release without revealing the information supplied by Israel, the news item said, adding that the UN report concluded that Hamas fighters were not inside UN buildings but close to them.

Commenting on the report, the BBC said that it was informed by a diplomatic source, that the United States has informed Ki-moon's office that the report should not be published in full due to the damage that that could cause to the Middle East peace talks; in other words (mine, in fact) to Israel.

The point here is neither to pass any premature judgment on an unpublished report -- despite obvious inconsistencies regarding shelling "outside" a UN installation that was somehow severely damaged -- nor to predict how much of the report the secretary-general will finally decide to publish.

(As this article was being prepared for publication, details about the UN inquiry team report were published. The inquiry, led by Ian Martin, former director of Amnesty International, accused Israel of failing to protect UN facilities and civilians, dismissed as "untrue" Israeli claims that Hamas fighters had been firing from UN facilities, held Israel responsible for all deaths and injuries in six out of nine incidents, and called for further investigation into possible war crimes. Ki-moon has rejected calls to pursue the probe, but called on Israel to pay $11 million in reparations for the damage it caused to the UN.)

But nor can we forget the dark days just past when Israel was slaughtering the innocent people of Gaza and the world stood by, even blaming Hamas -- which had scrupulously observed a negotiated ceasefire until Israel broke it -- for bringing on the apocalypse.

As the dust from the Israeli bombing began to settle, Ki-moon decided to visit Gaza. That raised hopes that the UN was finally determined to act with courage and responsibility. Gaza had been off limits to international figures because supposedly a politically contagious terrorist organization had taken control of the place and no one was supposed to risk contact with it, even if compelling humanitarian considerations required that.

Well, the secretary-general decided on 20 January to defy the norm and go to Gaza. But his courage only went so far. His highly-protected convoy took him straight to the still smoldering compound of the UN agency for Palestine refugees (UNRWA) whose warehouses of food and fuel were destroyed by Israeli attacks along with their contents. He must have noted that the massive destruction could not have resulted from "shelling outside" the installation. "I am just appalled," he said, "Everyone is smelling this bombing still. It is still burning. It is an outrageous and totally unacceptable attack against the United Nations." This flash of anger was limited however only to UN facilities. He spoke as if the rest of Gaza -- where more than 7,000 people lay dead or injured, and thousands of homes, schools, mosques, universities, police stations and government buildings were destroyed -- did not exist, or were not of UN concern.

Whisked around in his convoy, he did not bother to stop and talk to any of Israel's victims -- the families who had just dug the remains of their loved ones from the rubble or those with horrific injuries in Gaza's overstretched hospitals. These are the very people, the Palestinian refugees, that the UN is in Gaza to help, but there was it seems no time for them.

Ki-moon did say, however, that he had "condemned from the outbreak of this conflict the excessive use of force by the Israeli forces in Gaza," and added "I view the rocket attacks into Israel as completely unacceptable." He also said that he would dispatch a humanitarian needs assessment team led by the UN special coordinator.

What he was saying in effect is that he found Israel's attack on Gaza perfectly acceptable, but he disagreed only with the tonnage of high explosives that should be dropped by Israeli planes. Indeed, he should specify exactly how many dead children, how many demolished houses, how many burn victims, how many destroyed mosques he would tolerate as not being "excessive." Would half the number killed and half the damage inflicted be reasonably non-excessive, or perhaps one-third? It would be helpful for both sides to know so that the Israelis would limit their killing to the UN-specified quota, and the Gazans would know how many of their community to sacrifice for the sacred UN-sanctioned killing.

For Ki-moon, then, Israeli bombing is good -- although he would like perhaps to see a little bit less. But, in tune with his political masters, he considers Palestinians to have no right to any form of self-defense against the Israeli occupation, constant aggression and the Israeli, internationally-supported, deadly siege, with whatever means they have at their disposal.

In order to maintain the false sense of balance between aggressor and victim, Ki-moon had to visit the Israeli settlement of Sderot. When he patiently inspected the scars left by Hamas rockets that killed a total of three Israelis, he stated, "the projectiles are indiscriminate weapons, and Hamas attacks are violations of basic humanitarian law." This is the same Ban who did not once invoke the law with respect to Israel's ongoing massive violations.

It's also notable that the rockets fired by Palestinian resistance factions are not so much "indiscriminate" as unguided. There's no reason to believe that if Palestinians had access to the American-supplied guidance systems Israel has that they would not target Israeli military bases (indeed they tried to do that although Israeli military censorship did not allow reporting of hits on its military installations). Israel's bombing on the other hand, and as Ki-moon did not note, is very discriminate -- deliberately targeting civilian homes and facilities.

In Sderot, Ki-moon also urged Israel to end its crippling blockade on Gaza, but not because the blockade is a flagrant violation of international law, the Geneva conventions, inhuman and wrong. He worried only that the blockade would strengthen Hamas; otherwise, like a measured dose of bombing, it would be perfectly fine.

Ki-moon ought to have inspected the destruction in Gaza, and visited and spent time with Israel's Palestinian victims before setting foot in any UN installation. But it seems he actually avoided that on purpose to send a signal that he was not showing sympathy to "terrorists" or the people accused of harboring them, in order to inoculate himself from criticism by Israel and its chorus of apologists. He certainly saw the example of the UN special rapporteur for human rights, Princeton professor emeritus and international law expert Richard Falk, who was expelled and vilified by Israel and the US administration for faithfully and truthfully carrying out his mandate.

This is but one of the many sad stories of how the UN top leadership has betrayed and failed its mission. The UN does not exist only to protect its personnel and installations. The UN flag alone ought to provide that kind of real protection -- immunity which no state dares to violate without fear of the consequences. But Israel has repeatedly attacked UN facilities, schools, peacekeeping forces and personnel in Palestine and Lebanon knowing full well that it, not the UN, enjoys immunity for its actions. The next time Israel attacks a UN facility, part of the responsibility will lie with those who failed to act correctly this time around.

Hasan Abu Nimah is the former permanent representative of Jordan at the United Nations. This essay first appeared in The Jordan Times and is republished with the author's permission.

fonte:EI

O novo discurso sobre o anti semitismo

fonte: Palestine Chronicle

The New Discourse on anti-Semitism


'The Jewish community is hardly a monolithic group that unquestioningly supports Israel.'

By Shafiq Morton - Cape Town

Those who criticize Israel or those who interrogate Zionism (the ism that gave birth to Israel) are often labeled “anti-Semitic” by the Zionist lobby. This lobby, a world-wide movement, is seen to be most influential in the United States where it vigorously defends the interests of Israel.

To view Israel unsympathetically means vilification by this group: it avows political critique is something that threatens the existence of all Jews. Yet, ironically, some of the most ardent critics of Israel have been Jews – academics and political liberals who have not denigrated their Jewishness in any way because of their conscience.

The truth is that the Jewish community (13, 3 million worldwide) is hardly a monolithic group that unquestioningly supports Israel’s policies. Studies by American academics, such as Stephen Walt and John Mearsheimer, have graphically – if not uncomfortably – pointed to this.

In the multi-faceted Diaspora, it’s becoming evident – particularly since Gaza – that reservations have emerged about Zionist hasbara. This is the spin that suggests Israel is a country enjoying an exclusive right to be a victim, and that Israel can spurn international law because of this.

Often depicted as the “Israeli David” versus the “Arab Goliath”, the scenario is met in the Arab street with the comeback that the reverse is true. Israel has the deterrent of nuclear power and the best-equipped military in the Middle East. The Palestinians don’t even have generals.

The curse is that if a Jewish person breaks ranks with Israeli policy or Zionist ideology on humanitarian or political grounds, he or she becomes “self-loathing”. This is similar to Islamic extremism, which deems that I’m a hypocrite if I don’t subscribe to its edicts.

But as Not in My Name founder Steven Feuerstein has explained: “We criticize Israel because of, not in spite of, our Jewish values.”

One wonders then what people such as Professor Judah Magnes, founder of the Hebrew University in Jerusalem, would think of today’s situation. He warned over 50 years ago of the dangers of nationalist Zionism becoming an “idol” of the Jewish people.

This is the peril of ideology being the sole medium of a nation’s socio-political discourse. The result is that the mores of humanity, and faith, are minimized. Ideology, often a virulent form of nationalism, is elevated to the altar of the black-white absolute. This is exactly where these isms become idolatrous extremes unto themselves.

In 2009 the ethos of the Zionist voice “being everywhere and saying the same thing” (as suggested by James Zogby of the Arab-American Institute) has seen Zionism becoming the demi-god of anti-Jewish conspiracy. The mantra of a “Jew behind every bush” happens precisely because the lobbyists have created this monster themselves.

This leads to the question: can the development of 21st century anti-Semitism be traced directly back to the lobbyists, to their total obeisance to Israel?

What role have organizations such as the American Israeli Public Affairs Committee (AIPAC), the Anti-Defamation League (ADL) and the international Zionist Congresses played in bringing the anti-Semitic house down on not only themselves, but possibly all Jews?

My response would be that they have played a hugely significant role. That and the nagging intransigence of Israel – a political reality, yes – but nevertheless a state in as much need of moral introspection and political rectitude as her dictatorial and corrupt Arab neighbours.

It’s my belief that conspiracy has led to a totally new discourse on anti-Semitism. And whilst I’m in agreement with a number of Jewish scholars that the nature of anti-Semitism might have changed, it’s obvious that I already differ on its dynamics.

For example, Canadian MP Professor Irwin Cotler – co-founder of the inter-parliamentary Coalition for Combating Anti-Semitism – would most likely be aghast at my idea that the growth of 21st century anti-Semitism could ever be self-inflicted.

However, I do agree with him on a point made in the Jerusalem Post (24 February 2009) that anti-Semitism has shifted from Jewish people in host societies to Israel. But where I would wholly disagree is that Israel – the so-called “collective Jew” – is an innocent victim still seeking acceptance in the world of nations.

Prof Cotler cannot wish away historical truths, such as the 1948 Nakba. This is the Palestinian catastrophe, one that caused two-thirds of the indigenous Arab population to be displaced. The Professor has to concede that the painful legacy of the Nakba is still unresolved after 60 fractious years.

He also has to concede that even the Israeli bete-noire, Hamas, has acknowledged the reality of Israel: for why has it spoken of a truce based on 1967 borders? And if Hamas is anti-Semitic due to its disavowal of the Zionist state, then it must be mentioned that Likud’s manifesto refuses to acknowledge Palestinian statehood too.

Coherent criticisms against the policies of Zionism – as we’ve already said – are concerns about humanitarian and socio-political issues in the Zionist state, not Judaism. There is a vital distinction. Zionism is a man-made, political system that cannot be exempt from scrutiny.

In his Jerusalem Post article Prof Cotler says that contemporary anti-Semitism is “the canary in the mineshaft of evil” and identifies three kinds: genocidal, ideological and legalized.

Prof Cotler writes that the most “lethal” type of modern anti-Semitism is genocidal. It manifests itself in three forms: state-sanctioned (Iran), in movement charters (Hamas) and in religious writs (fatwas) where “Death to Israel” takes on real meaning.

The second type is ideological. Here the Prof argues that it “disguises” itself as part of the struggle against racism. He expresses discomfort at Zionism being equated with racism, and with Israel being labeled an “Apartheid” or “Nazi” state”. These he sees as tools of ideological anti-Semitism.

The third category is legalized anti-Semitism, where all of the above join to de-legitimize and to actively seek out Israel “for differential and discriminatory treatment in the international arena”.

And whilst I find Prof Cotler’s points interesting, if not contentious, my departure point is more the language of the discourse, rather than his fears – real or imagined.

For like Abraham Weizfeld, a Canadian-based Jewish activist, I believe that the “inflated language” currently used in the Israeli-Palestinian conflict has become thoroughly demeaning.

As he points out, the fear-mongering of Israel’s Deputy Defence Minister, Matan Vilnai, that Hamas rockets would bring a second “Shoa” (Holocaust) upon the people of Gaza, hardly justified it becoming an extended metaphor.

The subsequent Israeli invasion of Gaza saw violations of the Geneva Convention and possible war crimes, but it was not a “Holocaust”. Calling Gaza a “Holocaust”, he said, was not even useful. Rather than illustrating what happened, it thoroughly degraded the Palestinian cause.

Indeed, in the Middle East I’ve seen “inflated” language detract from the real concerns, thus allowing politicians to avoid the hard questions and for the issues to become clouded with emotionalism.

For example, a Palestinian figure shouting “Jewish pigs”, the “disciples of Satan” and “Nazis” is hardly indulging in constructive political oratory. However, can Menachim Begin proclaiming that Yasser ‘Arafat is “a beast with hair”, or Yitzak Shamir pronouncing that Arabs are a “plague of locusts”, be regarded as any less publicly anti-Semitic?

In my own personal experience, the above kind of Middle East tête-à-tête has had horrific consequences. The language of anti-Semitism can be a deadly, double-edged sword.

When the late Hamas leader, Dr ‘Abdul ‘Aziz Rantisi, told me in an interview that suicide was forbidden in Islam, but that “when they [the Israelis] stop killing our children, we’ll stop killing theirs,” I was shocked.

But then Dan Halutz, a former IDF chief-of-staff, had refused in Ha’aretz newspaper to call Palestinians “innocent civilians”, bizarrely persisting with “uninvolved civilians” instead. His chilling reply to innocent bystanders being killed in Israeli operations was almost identical to Rantisi’s:

“…I am very sorry about innocent children who are killed. But anyone who sets out to murder children in Israel has to take into account that [his] children are liable to be killed [too]…”

After one particular visit to Palestine/Israel after the 2000 Intifada, I had had to seriously ask myself whether the conversation between the sons of Abraham had become so debased we now had justify killing children. I felt deeply that all of us had to disengage quickly from this hateful dialogue in the interest of lucid thought, and for the sake of future generations.

But how? It was a depressing moment. If people couldn’t even speak to each other, there was little hope. Through despair and self-doubt, I consulted the Qur’an. Had our anti-Jewish rhetoric and inflated language derived somewhere from creed?

The Holy Book mentions the Bani Isra’il, the Jews, more than twenty times. Qur’anic verses are interpreted according to two principles: ‘am (general) and khass (specific). General verses become rulings. Specific verses, which refer to specific historical instances, don’t.

The Qur’anic verses concerning Jews spoke of reminders of God, of favors, of broken covenants, of the consequences of disputing Sacred Law, of Moses and of the human condition. And more pertinently, the verses were overwhelmingly specific.

In other words, there was no Qur’anic decree permitting me to dishonor Jews. Together with Christians and ancient Sabians, they were to be regarded as “People of the Book”, a people worthy of esteem.

Prophetic example spoke only of the same. Muhammad [SAW] honored the Jewish tribes in Medina, his capital, and only acted against them when they broke pacts and agreements.

Traditions reveal that a young Jewish boy used to accompany Muhammad [SAW], that the Rabbi Mukhairiq fought with him in battle, that he married a Jewish woman and that even his suit of armor was borrowed from a Jew. And when a Jewish funeral bier passed by, he stood up out of respect, telling his Companions that the dead man was a son of Adam too.

A brief examination of Jewish commentary was equally illustrative. The Babylonian Talmud revealed that gentiles had to be honored by Jews. Poor gentiles had to receive charity and their sick had to be visited. Understood in proper context as an interpretation of G-d’s word, the Talmud evinced no hostility to Muslims (or Christians) whatsoever.

If the holy traditions spoke with such eloquent nobility, and if authentic religion was not the root of the problem, I had to ask what had gone wrong with Muslim-Jewish relations. What had fostered the inflated language of hatred and calumny so characterizing the discourse today? The sorry answer screamed from the page: political Zionism.

Prof Cotler was right. Israel had become the focus of anti-Semitism, but – as I’ve already explained – for reasons of self-imposed conspiracy and political obduracy on humanitarian issues. Yes, indeed, the canary is singing in the mineshaft of evil, but not for the reasons the honorable Prof Cotler thinks it is.

-Shafiq Morton is a Cape Town based photo-journalist, author and radio show host. He contributed this article to PalestineChronicle.com.

A população silenciosa

fonte:Palestine Chronicle

The Silent Population

'50,000 Bedouin liive in the West Bank.' (Getty Images Europe/file)

By Joharah Baker – Jerusalem

If it weren't for two little boys hitching a ride with us, this article would never have been written. Thanks to the mysterious way the universe operates, I will admit I am glad for the bizarre events of yesterday so that I could be reminded of a sector of Palestinian society all too often disregarded. I am talking about the Bedouins, those silent nomads of whom I was reminded because of two tiny first graders who needed a ride home.

To and from Jericho, two checkpoints meet you. One is Israeli and the other, just a few hundred meters away is manned by Palestinian police. After saluting the Palestinian guards at the checkpoint with a friendly "salaam", we instinctively slowed down as we approached the Israelis, not wanting to be accused of storming the checkpoint or trying to evade an inspection. On the side of the road, small children with oversized backpacks were walking through the dust, some so tiny it was hard to believe they were of school age.

After answering the customary, "Where are you from" and "Where are you going" from the Israeli soldier, we were met with an unorthodox request. "Could you take these kids with you if you're on your way to Ramallah?" the soldier inquired from my husband in Hebrew. "They live near Nabi Musa," the soldier clarified.

Before I knew it, two tiny, timid and dark-skinned boys slipped into the back seat, sitting uncomfortably upright and looking so nervous I thought one of them was going to cry. We made small talk with the boys to help them relax and I realized I could not understand half of what they were saying even though they were speaking Arabic. I realized why not long after. They were Bedouins and their dialect was amazingly different from my own.

The closer one gets to Jericho and its rolling beige hills, the more one sees the corrugated tin shacks spotting the hillsides. Sheep can be seen grazing in the few patches of vegetation and makeshift clotheslines show rows of wet clothes drying in the arid desert wind. It is a common sight but not one that I personally could ever put a face to. Until now, that is.

Our two little travel companions explained to us how they went to school everyday in Jericho and waited for public transportation the main road to get to and from their homes in "Al Khan". Sometimes the boys walked kilometers before a taxi passed, their dusty and scuffed shoes testimony of their treks across the dry terrain. Halfway between Jericho and Ramallah, Munir, the more loquacious of the two, pointed to his friend's house. As we dropped the unnamed boy on the side of the road, I peeked over at his house. A tiny shack nestled deep between two hills – a typical Bedouin dwelling. Mounir's house was just a little ways down and looked almost the same.

Meeting our two little Bedouin companions made me think of the fate of the Bedouin population in Palestine. According to a 2006 UNRWA report, there are approximately 50,000 Bedouin living in the West Bank. Most of these communities, which are now settled in the Hebron, Bethlehem, Jerusalem and Jordan Valley areas, are originally from the Beer Saba' area and were made refugees in the 1948 war. Not only did they lose their homes the first time, many are now being threatened with expulsion by Israel, their tiny shacks torn down to make way for new settlement construction.

Shuffled from one area to another, the Bedouin population of Palestine is clearly marginalized both in Palestinian society and by Israel for those who remained inside the Green Line. There are approximately 80,000 Bedouin citizens of Israel living in unrecognized villages, mostly in the Negev desert. This means their villages lack the proper services such as electricity and running water, a proper school system and infrastructure services such as paved roads.

As a result, Bedouins often do not integrate fully in Palestinian society in the West Bank or in Israeli society inside. Moreover, some are often scorned by Palestinians for enrolling in the Israeli army. For economic, educational, social or even national reasons, there are Bedouin citizens of Israel who serve in the Israeli army. Their nomadic nature may be reason behind why they adopt the national sentiments of the place of their dwelling, but most likely it is for economic reasons and the benefits from enrolling in the army that entices young Bedouins to join Israel's military service.

This does not sit well with Palestinians who are harassed and checked at an Israeli checkpoint by someone who speaks their language. Being oppressed by an Israeli is one thing but being oppressed by an Arab is quite different, which is why there is sometimes little sympathy for the plight of Bedouins.

Still, their economic conditions and the hardships they have endured over the years should make us less quick to judge. Our little car companions, Mounir and Friend, were two ordinary boys, the products of their environment, just like all of us. Who knows what other difficulties are in store for them and what value systems they grew up with. If we are really interested in their future and the direction their lives take, we need to be more concerned with making their present a little more tolerable.

- Joharah Baker is a writer for the Media and Information Program at the Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH). She can be contacted at mip@miftah.org. (Published in MIFTAH – www.miftah.org)

Tuesday, 5 May 2009

ONU acusa Israel de negligência ou imprudência

fonte:The Guardian

UN accuses Israel of Gaza 'negligence or recklessness'

Inquiry finds Israel responsible for deaths, injuries and damage to UN buildings



Af ire at the UN building in Gaza City after Israeli strikes

A fire at the UN building in Gaza City after Israeli air strikes. Photograph: Mahmud Hams/AFP/Getty

A United Nations inquiry today accused the Israeli military of "negligence or recklessness" in its conduct of the January war in Gaza and said the organisation should press claims for reparations for deaths and damage.

The first investigation into the three-week war by anyone other than human rights researchers and journalists held the Israeli government responsible in seven separate cases in which UN property was damaged and UN staff and other civilians were hurt or killed.

However, the UN secretary general, Ban Ki-moon, rejected the report's call for a full and impartial investigation into the war, and refused to publish the complete 184-page report. Only Ban's own summary of the report (pdf) has been released.

Israel rejected the inquiry's findings, even before the summary was released, as "tendentious" and "patently biased".

The board of inquiry, led by Ian Martin, a Briton who is a former head of Amnesty International and a former UN special envoy to East Timor and Nepal, had limited scope, looking only at cases of death, injury or damage involving UN property and staff. But its conclusions amount to a major challenge to Israel.

It found the Israeli military's actions "involved varying degrees of negligence or recklessness", and that the military took "inadequate" precautions towards UN premises. It said the deaths of civilians should be investigated under the rules of international humanitarian law.

The UN should take action "to seek accountability and pursue claims to secure reparation or reimbursement" for UN expenses and payments over deaths or injury to UN staff and damage to UN property where the responsibility lay with Israel, Hamas or any other party, the report added. In total, more than $11m worth of damage was caused to UN premises.

The inquiry looked in detail at nine incidents, in which several Palestinians died. It found the Israeli military responsible in seven cases where it had "breached the inviolability" of the UN. In one other case, Palestinian militants, probably from Hamas, were held responsible; in a final case, responsibility was unclear.

The report summary will now go to the UN security council. In a later press conference , Ban confirmed that he would be seeking no further official inquiry into the Gaza events. But he did say he would be looking for reparations from Israel on a "case-by-case" basis.

The secretary general was asked whether his decision not to publish the full report amounted to a watering down of the inquiry's findings. He categorically denied the suggestion: the inquiry was independent, and he was powerless to edit its conclusions.

Israel's foreign ministry said the Israeli military had already investigated its own conduct during the war and "proved beyond doubt" that it had not fired intentionally at UN buildings. It dismissed the UN inquiry.

"The state of Israel rejects the criticism in the committee's summary report and determines that in both spirit and language the report is tendentious, patently biased and ignores the facts presented to the committee," the foreign ministry said in a statement.

It said the inquiry had "preferred the claims of Hamas, a murderous terror organisation, and by doing so has misled the world".

The most serious incident investigated took place on 6 January, near a UN boys' preparatory school in Jabaliya that was being used as a shelter for hundreds of Palestinians who had fled their homes to escape the fighting. The Israeli military had fired several 120mm mortar rounds in the "immediate vicinity" of the school, killing between 30 and 40 Palestinians, the inquiry found.

Although Israel at the time said Hamas had fired mortars from within the school, the inquiry found this as not true: there had been no firing from within the compound and there were no explosives in the school.

It held Israel responsible for the attack and said the deaths of civilians should be "assessed in accordance with ... international humanitarian law." It also called for a formal acknowledgement from Israel that its allegations about Palestinian militants being present in the school were untrue.

The other incidents investigated were:

29 December The headquarters of the UN political mission in Gaza was damaged when Israeli air strikes hit the presidential compound next door. Staff were on site, but were protected in a bunker and not injured. The inquiry held the Israeli government responsible for the damage.

5 January An Israeli air strike hit the UN Asma elementary school in Gaza City, where hundreds more Palestinians were sheltering. The missile killed three young men who had been walking to the bathroom in the school compound. The inquiry found no weapons or ammunition were being stored in the school, and that the men had been going to the toilet and not taking part in military activity. The attack was "an egregious breach of the inviolability of the United Nations premises", the inquiry said, again holding Israel responsible for the deaths and damage.

6 January An Israeli air strike damaged the UN Bureij health centre, injuring nine people. The inquiry said the air strike had targeted and destroyed an apartment opposite the centre. It held Israel responsible for the damage to the health centre, and noted that the UN had been given no advance warning of the attack.

8 January Israeli soldiers fired at a UN convoy, damaging one of the vehicles in Ezbet Abed Rabou. The marked convoy, flying a UN flag, had been cleared by the Israeli military to travel out to pick up the dead body of a UN staff member.

15 January The UN's main headquarters in Gaza was badly damaged when it was hit by several Israeli artillery shells, including some containing white phosphorus. The shelling continued despite warnings from the UN to the Israeli military, and fires caused serious damage to the UN warehouse. Three people were injured. The inquiry held Israel responsible and said the Israeli military had a "particularly high degree of responsibility" to ensure the safety of the UN headquarters.

17 January Israeli 155mm artillery loaded with white phosphorus exploded early in the morning above the UN Beit Lahiya elementary school, where nearly 2,000 Palestinians were sheltering from the fighting. Two children, aged five and seven, were killed inside a classroom and their mother and cousin were seriously injured by shards of shell casings. Eleven others were also hurt. The inquiry held Israel responsible for the deaths, injuries and damage.

In one other case, damage worth around $29,000 was caused to a World Food Programme warehouse by a Palestinian militant group, probably Hamas. In the last case, a UN guard outside the gate of a UN girls' preparatory school in Khan Younis was killed on 29 December by shrapnel. The inquiry was unable to determine who was responsible
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