Findings of the UN Commission on Human Rights:
Palestinian terrorism is the "inevitable consequence of (Israeli) colonialism, apartheid or occupation"
CONTENTS
1. Michael Hoffman's condensed digest of highlights from this eye-opening UN Human Rights Report on Palestine, by Justice John Dugard, Jan. 21, 2008.
2. The FULL-LENGTH Report (highly recommended reading) of the UN Human Rights Jan. 21, 2008. Report on Palestine by Justice John Dugard.
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1. Michael Hoffman's condensed digest of the Report
www.RevisionistHistory.org
...the Israeli Defense Forces (IDF) are guilty of terrorizing innocent Palestinian civilians by military incursions, targeted killings and sonic booms that fail to distinguish between military targets and civilians. All these acts must be condemned and have been condemned.
Common sense...dictates that a distinction must be drawn between acts of mindless terror, such as acts committed by Al Qaeda, and acts committed in the course of a war of national liberation against colonialism, apartheid or military occupation. While such acts cannot be justified, they must be understood as being a painful but inevitable consequence of colonialism, apartheid or occupation.
History is replete with examples of military occupation that have been resisted by violence - acts of terror. The German occupation was resisted by many European countries in the Second World War; the South West Africa People's Organization (SWAPO) resisted South Africa's occupation of Namibia; and Jewish groups resisted British occupation of Palestine - inter alia, by the blowing up of the King David Hotel in 1946 with heavy loss of life, by a group masterminded by Menachem Begin, who later became Prime Minister of Israel.
Acts of terror against military occupation must be seen in historical context. This is why every effort should be made to bring the (Israeli) occupation to a speedy end. Until this is done, peace cannot be expected, and violence will continue. In other situations, for example Namibia, peace has been achieved by the ending of occupation, without setting the end of resistance as a precondition. Israel cannot expect perfect peace and the end of violence as a precondition for the ending of the occupation.
A further comment on terrorism is called for. In the present international climate it is easy for a State to justify its repressive measures as a response to terrorism - and to expect a sympathetic hearing. Israel exploits the present international fear of terrorism to the full. But this will not solve the Palestinian problem. Israel must address the occupation and the violation of human rights and international humanitarian law it engenders, and not invoke the justification of terrorism as a distraction, as a pretext for failure to confront the root cause of Palestinian violence - the occupation.
...In the past two years 668 Palestinians have been killed by Israeli security forces in Gaza. Over half - 359 people - were not involved in hostilities at the time they were killed. Of those killed 126 were minors; 361 were killed by missiles fired from helicopters; and 29 of those killed were targeted for assassination. During the same period, Palestinians fired some 2,800 Qassam rockets and mortar shells into Israel from the Gaza Strip. Four Israeli civilians were killed by Qassam rockets...Four members of the Israeli security forces were killed in attacks originating from Gaza.
Serious questions arise over the proportionality of Israel's military response and its failure to distinguish between military and civilian targets. It is highly arguable that Israel has violated the most fundamental rules of international humanitarian law, which constitute war crimes in terms of article 147 of the Fourth Geneva Convention and article 85 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Additional Protocol I). These crimes include direct attacks against civilians and civilian objects, and attacks which fail to distinguish between military targets and civilians and civilian objects (articles 48, 51 (4) and 52 (1) of Protocol I); the excessive use of force arising from disproportionate attacks on civilians and civilian objects (articles 51 (4) and 51 (5) of Protocol I); and the spreading of terror among the civilian population (article 33 of the Fourth Geneva Convention and article 51 (2) of Protocol I).
The indiscriminate and excessive use of force against civilians and civilian objects, the destruction of electricity and water supplies, the bombardment of public buildings, the restrictions on freedom of movement, the closure of crossings and the consequences that these actions have upon public health, food, family life and the psychological well-being of the Palestinian people constitute a gross form of collective punishment.
Since 1967 over 700,000 Palestinians have been imprisoned. At present, there are some 11,000 (Palestinian) prisoners in Israeli jails, a number which includes 376 children, 118 women, 44 members of the Palestinian Legislative Council and some 800 "administrative detainees" (that is, persons not convicted for any offense...).
On 20 July 2004 the General Assembly adopted resolution ES-10/15 which called for Israel to comply with the Advisory Opinion of the International Court of Justice. This resolution was adopted by 150 nations. Six nations (Australia, Micronesia, Israel, Marshall Islands, Palau, United States) voted against it. There were 10 abstentions....
Since 2004, the Advisory Opinion has been ignored by the Security Council. While the General Assembly and Human Rights Council have passed several resolutions reaffirming the Opinion, no attempt has been made by the Security Council to compel Israel to comply with the Opinion or to remind States of their obligation to ensure compliance by Israel with the Fourth Geneva Convention.
The reason for this is not hard to find. The Security Council is prevented from giving its backing to the Opinion by the United States, which has refused to accept it.
For 40 years the political organs of the United Nations, States and individuals have accused Israel of consistent, systematic and gross violations of human rights and humanitarian law...
In 2004 the judicial organ of the United Nations, in its Advisory Opinion, affirmed that Israel's actions in the occupied territories do indeed violate fundamental norms of human rights and humanitarian law and cannot be justified on grounds of self-defence or necessity.
If the United Nations is serious about human rights it cannot afford to ignore this Opinion in the deliberations of the Quartet, as it is an authoritative affirmation that Israel is in serious breach of its international commitments.
Failure to attempt to implement, or even to acknowledge, an advisory opinion dealing with international humanitarian law and human rights law, brings the very commitment of the United Nations to human rights into question.
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Investigator Dugard's education, experience and credentials:
LL.D. degree from Cambridge University (1980)
Former Director of the Lauterpacht Centre for International Law at the University of Cambridge (1995-1997)
Former Chairman of the Dept. of Public International Law at Leiden University in the Netherlands (1998)
Judge ad hoc on the International Court of Justice at The Hague (2000)
United Nations "Special Rapporteur" (investigator) for Human Rights (current position)
[The FULL-LENGTH Report:]
GE.08-40229 (E) 290108 UNITED NATIONS General Assembly Distr. GENERAL A/HRC/7/17 21 January 2008
Original: ENGLISH
HUMAN RIGHTS COUNCIL Seventh session Item 7 of the provisional agenda. Reference: A/HRC/7/17
HUMAN RIGHTS SITUATION IN PALESTINE AND OTHER OCCUPIED ARAB TERRITORIES
Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967
By JOHN DUGARD
http://daccessdds.un.org/doc/UNDOC/GEN/G08/402/29/PDF/G0840229.pdf?OpenElement
Summary
This year marks the fortieth anniversary of the occupation of the Palestinian territory. Israel's obligations as an occupying Power have not diminished as a result of the prolonged nature of the occupation.
Israel remains the occupying Power in Gaza despite its claim that Gaza is a "hostile territory". This means that its actions must be measured against the standards of international humanitarian law and human rights law. Judged by these standards Israel is in serious violation of its legal obligations. The collective punishment of Gaza by Israel is expressly prohibited by international humanitarian law and has resulted in a serious humanitarian crisis.
The human rights situation in the West Bank has worsened, despite expectations that it would improve following the removal of Hamas from the Government of the West Bank. Settlements expand, the construction of the wall continues, and checkpoints increase in number. Military incursions and arrests have intensified, 779 Palestinian prisoners have been released but some 11,000 remain in Israeli jails.
The right of self-determination of the Palestinian people is seriously threatened by the separation of Gaza and the West Bank resulting from the seizure of power by Hamas in Gaza in June 2007. Every effort must be made by the international community to restore Palestinian unity.
On 27 November a new peace process was initiated at a meeting in Annapolis. This process must take place within a normative framework that respects international law, international humanitarian law and human rights. The Advisory Opinion of the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory1 is an essential feature of this framework and cannot be overlooked by the Annapolis peace process, the Israeli and Palestinian authorities, the Quartet and the United Nations. The Secretary-General as the representative of the United Nations must ensure that the Advisory Opinion, which represents the law of the United Nations, is respected by all parties engaged in the Annapolis process.
Introduction 1. The Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 visited the Occupied Palestinian Territory (OPT) from 25 September to 1 October 2007. During this time he visited Gaza, Jerusalem, Ramallah, Bethlehem, Jericho and Nablus, where he met with non-governmental organizations (NGOs) - both Palestinian and Israeli - United Nations agencies, Palestinian officials, academics, businessmen and independent interlocutors. The Special Rapporteur spent a considerable amount of time in the field, visiting factories in Gaza, checkpoints, settlements, Palestinian villages affected by the wall near Bethlehem, Nablus and Qalqiliya, and villages and communities in the Jordan valley. On 30 September he delivered a lecture at Al-Najah University in Nablus. The visit of the Special Rapporteur to the OPT was preceded and followed by visits to Jordan where he met with Jordanian officials. The purpose of these meetings was to obtain a Jordanian perspective on the human rights situation in the OPT.
I. CRITICISM OF SPECIAL RAPPORTEUR AND MANDATE
The Special Rapporteur has been criticized for a number of reasons by concerned States. First, reports are repetitious. Second, they fail to address terrorism. Third, they fail to consider human rights violations committed by Palestinians. These criticisms will be briefly considered at the outset of the present report. A. Repetition 3. It is true that reports on the OPT follow a familiar pattern and deal with substantially similar factual situations. They record violations of human rights and international humanitarian law that have occurred in a systematic and consistent manner over many years, some going back to the start of the occupation 40 years ago. Settlements, checkpoints, demolition of houses, torture, closure of crossings and military incursions have characterized the occupation for many decades and have featured regularly in reports. Reports inevitably, and correctly, continue to report on such matters and to record their consequences and frequency in a changing environment.
New violations of human rights and humanitarian law are added as they occur, such as the construction of the wall (since 2003), sonic booms, targeted killings, the use of Palestinians as human shields, and the humanitarian crisis produced by the non-payment of tax money due to the Palestinians. In short, reports are repetitious because the same violations of human rights and humanitarian law continue to occur in the OPT. B. Terrorism Terrorism is a scourge, a serious violation of human rights and international humanitarian law. No attempt is made in the reports to minimize the pain and suffering it causes to victims, their families and the broader community. Palestinians are guilty of terrorizing innocent Israeli civilians by means of suicide bombs and Qassam rockets.
Likewise the Israeli Defense Forces (IDF) are guilty of terrorizing innocent Palestinian civilians by military incursions, targeted killings and sonic booms that fail to distinguish between military targets and civilians. All these acts must be condemned and have been condemned.
Common sense, however, dictates that a distinction must be drawn between acts of mindless terror, such as acts committed by Al Qaeda, and acts committed in the course of a war of national liberation against colonialism, apartheid or military occupation. While such acts cannot be justified, they must be understood as being a painful but inevitable consequence of colonialism, apartheid or occupation.
History is replete with examples of military occupation that have been resisted by violence - acts of terror. The German occupation was resisted by many European countries in the Second World War; the South West Africa People's Organization (SWAPO) resisted South Africa's occupation of Namibia; and Jewish groups resisted British occupation of Palestine - inter alia, by the blowing up of the King David Hotel in 1946 with heavy loss of life, by a group masterminded by Menachem Begin, who later became Prime Minister of Israel.
Acts of terror against military occupation must be seen in historical context. This is why every effort should be made to bring the occupation to a speedy end. Until this is done peace cannot be expected, and violence will continue. In other situations, for example Namibia, peace has been achieved by the ending of occupation, without setting the end of resistance as a precondition. Israel cannot expect perfect peace and the end of violence as a precondition for the ending of the occupation.
A further comment on terrorism is called for. In the present international climate it is easy for a State to justify its repressive measures as a response to terrorism - and to expect a sympathetic hearing. Israel exploits the present international fear of terrorism to the full. But this will not solve the Palestinian problem. Israel must address the occupation and the violation of human rights and international humanitarian law it engenders, and not invoke the justification of terrorism as a distraction, as a pretext for failure to confront the root cause of Palestinian violence - the occupation.
Palestinian human rights violations
The mandate of the Special Rapporteur is concerned with violations of human rights and international humanitarian law that are a consequence of military occupation. Although military occupation is tolerated by international law it is not approved and must be brought to a speedy end. The mandate of the Special Rapporteur therefore requires him to report on human rights violations committed by the occupying Power and not by the occupied people. For this reason this report, like previous reports, will not address the violation of the human rights of Israelis by Palestinians. Nor will it address the conflict between Fatah and Hamas, and the human rights violations that this conflict has engendered. Similarly it will not consider the human rights record of the Palestinian Authority in the West Bank or of Hamas in Gaza.
The Special Rapporteur is aware of the ongoing violations of human rights committed by Palestinians upon Palestinians and by Palestinians upon Israelis. He is deeply concerned and condemns such violations. However, they find no place in this report because the mandate requires that the report be limited to the consequences of the military occupation of the OPT by Israel.
II. THE OCCUPATION OF THE OCCUPIED PALESTINIAN TERRITORY What distinguishes the case of Palestine from other situations in which violations of human rights occur is the occupation, an occupation which began in 1967, 40 years ago, and which shows no sign of ending. In Israel, complaints are frequently made that criticism of its policies and practices are too much centred on the occupation. But the occupation is a reality, one which is to blame for the present conflict, and the source of the violation of human rights and of international humanitarian law. Consequently, it is necessary to commence this report - again - with comments on the occupation.
Israel has been for 40 years and remains in military occupation of the OPT. This was reaffirmed by the International Court of Justice in its 2004 Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, when it held that the Palestinian territories (including East Jerusalem) "remain occupied territories and Israel has continued to have the status of occupying Power". The consequence of this, in the opinion of the International Court, is that the Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention) applies to the Occupied Palestinian Territory, as do the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights.4 Furthermore, Israel's obligations have not diminished as a result of the prolonged nature of the occupation.5 On the contrary, they have increased as a result of it. It is now argued that Israel's occupation has become unlawful as a result of the numerous violations of international law that have occurred during the occupation.
III. THE OCCUPATION OF GAZA
In its Advisory Opinion on the construction of a wall in the West Bank and East Jerusalem, the International Court of Justice was not asked to pronounce on the legal status of Gaza. It, possibly therefore, confined its reaffirmation of the occupied status of the Occupied Palestinian Territory to the West Bank and East Jerusalem.7 The evacuation of Israeli settlements and the withdrawal of the permanent IDF presence from Gaza in 2005, has now given rise to the argument that Gaza is no longer occupied territory. On 15 September 2005 Prime Minister Sharon told the General Assembly that Israel's withdrawal from Gaza meant the end of its responsibility for Gaza.
See Adam Roberts, "Prolonged military occupation: the Israeli occupied territories since 1967", American Journal of International Law, vol. 84 (1990), pp. 55-57 and 95.
O. Ben-Naftali, A.M. Gross and K. Michaeli, "Illegal occupation: framing the Occupied Palestinian Territory", Berkeley Journal of International Law, vol. 23, No. 3 (2005), pp. 551-614.
On 19 September 2007 Israel seemed to give a new status to Gaza when its Security Cabinet declared Gaza to be "hostile territory" - a characterization that was shortly afterwards approved by the United States Secretary of State. Although the legal implications that Israel intends to attach to this "status" remain unclear, the political purpose of this declaration was immediately made known - namely the reduction of the supply of fuel and electricity to Gaza.
The test for determining whether a territory is occupied under international law is effective control,8 and not the permanent physical presence of the occupying Power's military forces in the territory in question. Judged by this test it is clear that Israel remains the occupying Power as technological developments have made it possible for Israel to assert control over the people of Gaza without a permanent military presence.9 Israel's effective control is demonstrated by the following factors:
(a) Substantial control of Gaza's six land crossings: the Erez crossing is effectively closed to Palestinians wishing to cross to Israel or the West Bank. The Rafah crossing between Egypt and Gaza, which is regulated by the Agreement on Movement and Access entered into between Israel and the Palestinian Authority on 15 November 2005 (brokered by the United States, the European Union and the international community's envoy for the Israeli disengagement from Gaza), has been closed by Israel for lengthy periods since June 2006. The main crossing for goods at Karni is strictly controlled by Israel and since June 2006 this crossing too has been largely closed, with disastrous consequences for the Palestinian economy;
(b) Control through military incursions, rocket attacks and sonic booms: sections of Gaza have been declared "no-go" zones in which residents will be shot if they enter; ( c) Complete control of Gaza's airspace and territorial waters;
(d) Control of the Palestinian Population Registry: the definition of who is "Palestinian" and who is a resident of Gaza and the West Bank is controlled by the Israeli military. Even when the Rafah crossing is open, only holders of Palestinian identity cards can enter Gaza through the crossing; therefore control over the Palestinian Population Registry is also control over who may enter and leave Gaza. Since 2000, with few exceptions, Israel has not permitted additions to the Palestinian Population Registry.
The fact that Gaza remains occupied territory means that Israel's actions towards Gaza must be measured against the standards of international humanitarian law.
See United States of America v. Wilhelm List et al. (The Hostages case) United Nations War Crimes Commission, Law Reports of Trials of War Criminals, vol. III, 1949, p. 56; Democratic Republic of Congo v. Uganda, International Court of Justice, 2005, paras. 173 and 174.
See further on this subject, Sari Bashi and Kenneth Mann, "Disengaged Occupiers: the Legal Status of Gaza", Gisha: Legal Center for Freedom of Movement, January 2007.
IV. ISRAEL'S ACTIONS AGAINST GAZA AND THEIR CONSEQUENCES Israel has taken a number of actions against Gaza since the withdrawal of Israeli settlers and the IDF in 2005.
Military action IDF military incursions into Gaza have continued regularly over the past year; 290 Palestinians were killed in Gaza in 2007. Of this number at least a third were civilians. On 26 September, the day the Special Rapporteur visited Gaza, 12 Palestinian militants were killed by IDF missiles. Since the Annapolis meeting on 27 November 2007, over 70 Palestinians have been killed of whom 8 were killed in a major military operation in southern Gaza on the day before the first round of talks between Israelis and Palestinians following the Annapolis meeting. A further 13 Palestinians were killed in three separate airstrikes on 18 December. The frequency of targeted killings raises a question as to whether the IDF acts within the permissible parameters for such action laid down by the Israeli Supreme Court in its 2006 judgement on targeted killings. Or does the IDF act without regard to its own law as well as international law in carrying out targeted killings?
In the past two years 668 Palestinians have been killed by Israeli security forces in Gaza. Over half - 359 people - were not involved in hostilities at the time they were killed. Of those killed 126 were minors; 361 were killed by missiles fired from helicopters; and 29 of those killed were targeted for assassination. (HOW MANY PALESTINIANS IN GAZA WERE >WOUNDED< BY ISRAELI ATTACKS? --Hoffman)
During the same period, Palestinians fired some 2,800 Qassam rockets and mortar shells into Israel from the Gaza Strip. Four Israeli civilians were killed by Qassam rockets and hundreds were injured. Four members of the Israeli security forces were killed in attacks originating from Gaza.
B. Closure of crossings 15. All the crossings into and out of Gaza are controlled by Israel. Rafah, the crossing point for Gazans to Egypt, and Karni, the commercial crossing for the import and export of goods, are the principal crossing points. They are the subject of the Agreement on Movement and Access, which provides for Gazans to travel freely to Egypt through Rafah and for a substantial increase in the number of export trucks through Karni. Since 25 June 2006, following the capture of Corporal Shalit, and more particularly since mid-June 2007, following the Hamas seizure of power in Gaza, the Rafah crossing has been closed. From mid-June to early August 2007 some 6,000 Palestinians were stranded on the Egyptian side of the border, without adequate accommodation or facilities and denied the right to return home. Over 30 people died while waiting. The Karni crossing has likewise been closed for long periods of time during the past 18 months, and more particularly since mid-June 2007. Karem Shalom and Sufa are now used for the import of goods but the number of trucks bringing goods into Gaza has droppedalarmingly - from 253 a day in April 2007 to 74 a day in November. To make matters worse Sufa is possibly scheduled to close - though on 20 November the Israeli Government decided to permit the export of flowers and strawberries from Gaza to Europe via the Sufa crossing. Erez, previously used as a crossing for persons in need of medical attention in Israel, has also been largely closed for this purpose. On the other hand, in December 2007, Israel allowed several hundred Palestinians who reside abroad to leave Gaza via Israel.
These statistics, provided by B'Tselem, the Israeli Information Centre for Human Rights in the Occupied Territories, cover the period 1 September 2005 to 25 July 2007.
C. The reduction of fuel and electricity supplies 16. On 19 September Israel declared Gaza to be a hostile territory and announced that, as a consequence, it would reduce the supply of fuel and electricity to Gaza. Ten Israeli and Palestinian NGOs brought an application before the Israeli High Court of Justice to halt the reduction of fuel and electricity on the ground that this constitutes collective punishment and would cause widespread humanitarian damage but the Israeli High Court has upheld the State's plan to reduce fuel transfers to Gaza. According to the Palestinian Centre for Human Rights fuel supplies have been reduced by more than 50 per cent since the decision to cease fuel supplies on 25 October 2007.
D. Termination of banking facilities 17. Following the designation of Gaza as a hostile territory the only two Israeli commercial banks dealing with financial institutions in Gaza, Bank Hapoalim and Discount Bank, announced that they would cut ties with Gaza. This involves, inter alia, the refusal to clear cheques from Gaza banks and the halting of cash transfers between Israeli banks and Gaza banks. At this stage, the full implications of this decision are not yet clear, but as the Israeli shekel is the official currency in the OPT, in accordance with the Oslo Accords, and must be supplied from Israel, it is likely that this could produce chaos in the Gazan monetary system.
E. The humanitarian crisis in Gaza 18. Regular military incursions, the closure of crossings, the reduction of fuel and the threat to the banking system have produced a humanitarian crisis, which has the following impact on life in Gaza.
1. Food 19. Over 80 per cent of the population of Gaza is dependent on food aid from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) and the World Food Programme (WFP). This takes the form of flour, rice, sugar, sunflower oil, powdered milk and lentils. Fruit and vegetables are no longer available to supplement these basic rations as farmers do not have the money to get their crops picked and marketed. Few can afford meat, and fish is virtually unobtainable as a result of the Israeli prohibition of fishing. Although critical humanitarian food supplies are being allowed in, only 41 per cent of Gaza's food import needs are currently being met.
2. Unemployment and poverty The closure of crossings prevents Gazan farmers and manufacturers from exporting their goods to markets outside Gaza. It also prevents materials from entering Gaza and this has resulted in the end of most construction works and the closure of factories. On 26 September the Special Rapporteur visited the Karni industrial zone and saw factories that had been closed as a result of the failure to import materials and the prohibition on the export of goods. Factory owners are being held responsible by Israeli buyers for non-delivery of goods caused by the closure. Farmers are without income and some 65,000 factory employees are unemployed.
According to the Palestinian Federation of Industries, 95 per cent of Gaza's industrial operations have been suspended as a result of restrictions.11 Fishermen are likewise unemployed as a result of the Israeli ban on fishing along the Gaza coast. On 9 July 2007, UNRWA announced that it had halted all its building projects in Gaza because it had run out of building materials, such as cement. This has affected 121,000 jobs of people building new schools, houses, waterworks, and health centres. In many instances those working in the public sector remain unpaid. Municipal employees in Gaza City have not been paid since March 2007. As a result garbage collection services went on strike in November causing a serious threat to health.
Poverty in Gaza is rife. Over 80 per cent of the population live below the official poverty line.
Health care. Health-care clinics are in short supply of paediatric antibiotics, and 91 key drugs are no longer available. Previously, seriously ill patients were allowed to leave Gaza to receive treatment in Israel, the West Bank, Egypt, Jordan and other countries through the Rafah and Erez crossings. Rafah is now completely closed and the Israeli authorities deny passage through Erez to all but the most "severe and urgent cases". The situation has worsened since the declaration of Gaza as a hostile territory. The World Health Organization reports that while 89.4 per cent of patients who applied for permits during the period January-May 2007 were granted permits, only 77.1 per cent of those who applied were granted permits during October 2007. This has resulted in a drastic increase in the number of patients who have died as a result of restrictions: according to the Israeli NGO Physicians for Human Rights, since June 2007, 44 people have died as a result of denial or delay of access to medical care by the Israeli authorities and 13 died in November alone. Mahmoud Abu Taha, a 21-year-old patient with stomach cancer, arrived at Erez at 16.00 hours on 18 October with a Palestinian intensive care unit ambulance, escorted by his father. The patient's entry was delayed for two and a half hours, after which the IDF asked the father to cross to the Israeli side of Erez. His son, the patient, was to enter on a walker and not with the ambulance.
The patient was denied access after reaching the end of the 500 metre long tunnel, while the father was arrested by the IDF and held for nine days. On 28 October, a second arrangement for the patient was approved and he was admitted to an Israeli hospital, where he died the same night. In November, hospitals were prevented from carrying out operations as a result of the restrictions placed by Israel on nitrous oxide gas that is used for anaesthetics.
"Investing in Palestinian Economic Reform and Development", Report for the Pledging Conference, World Bank, December 2007, para. 13.
4. Education Gaza's children in UNRWA schools lag behind refugee children elsewhere, according to UNRWA, as a result of the Israeli blockade and military violence. Students are prevented from studying abroad. In November 670 students were denied permission to study abroad, including six Fulbright scholars.
5. Fuel, energy and water Gaza is largely dependent on Israel for its supply of fuel and electricity. Already there are frequent power outages as a result of Israel's destruction of the main Gaza power plant in 2006 and subsequent damage to electricity transformers.
(For instance on 14 November the IDF struck an electricity transformer in Beit Hanoun which knocked out power for 5,000 people in the area.) The supply of water is also affected and there is insufficient power for water pumps. As a result, 210,000 people are able to access drinking water supplies for only 1-2 hours a day. Sewage is also a problem: sewage plants require repairs but materials, such as metal pipes and welding machines, have been prohibited by Israel on the grounds that they may be used for making rockets.
At present there is a real danger that sewage plants could overflow. Cutting off fuel and electricity will exacerbate an already dangerous situation. It will endanger the functioning of hospitals, water services and sewage, as well as depriving residents of electricity for refrigerators and household appliances. A humanitarian catastrophe is contemplated if Israel continues to reduce fuel and carries out its threat to reduce electricity supplies.
F. Legal consequences of Israel's actions. Israel has largely justified its attacks and incursions as defensive operations aimed at preventing the launching of Qassam rockets into Israel, the arrest or killing of suspected militants or the destruction of tunnels. Clearly the firing of rockets into Israel by Palestinian militants without any military target, which has resulted in the killing and injury of Israelis, cannot be condoned and constitutes a war crime.
Nevertheless, serious questions arise over the proportionality of Israel's military response and its failure to distinguish between military and civilian targets. It is highly arguable that Israel has violated the most fundamental rules of international humanitarian law, which constitute war crimes in terms of article 147 of the Fourth Geneva Convention and article 85 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Additional Protocol I).
These crimes include direct attacks against civilians and civilian objects, and attacks which fail to distinguish between military targets and civilians and civilian objects (articles 48, 51 (4) and 52 (1) of Protocol I); the excessive use of force arising from disproportionate attacks on civilians and civilian objects (articles 51 (4) and 51 (5) of Protocol I); and the spreading of terror among the civilian population (article 33 of the Fourth Geneva Convention and article 51 (2) of Protocol I).
26. Israel's siege of Gaza violates a whole range of obligations under both human rights law and humanitarian law. The provisions of the International Covenant on Economic, Social and Cultural Rights that state that everyone has the right to "an adequate standard of living for himself and his family, including adequate food, clothing and housing", freedom from hunger and the right to food (art. 11) and that everyone has the right to health, have been seriously infringed.
Above all, the Government of Israel has violated the prohibition on collective punishment of an occupied people contained in article 33 of the Fourth Geneva Convention. The indiscriminate and excessive use of force against civilians and civilian objects, the destruction of electricity and water supplies, the bombardment of public buildings, the restrictions on freedom of movement, the closure of crossings and the consequences that these actions have upon public health, food, family life and the psychological well-being of the Palestinian people constitute a gross form of collective punishment.
Gaza is no ordinary State upon which other States may freely impose economic sanctions in order to create a humanitarian crisis or take disproportionate military action that endangers the civilian population in the name of self-defence. It is an occupied territory in whose well-being all States have an interest and whose welfare all States are required to promote. According to the Advisory Opinion of the International Court of Justice, all States parties to the Fourth Geneva Convention have the obligation "to ensure compliance by Israel with international humanitarian law as embodied in that Convention". Israel has violated obligations of an erga omnes character that are the concern of all States and that all States are required to bring to an end. In the first instance, Israel, the occupying Power, is obliged to cease its violations of international humanitarian law. But other States that are a party to the siege of Gaza are likewise in violation of international humanitarian law and obliged to cease their unlawful actions.
V. HUMAN RIGHTS IN THE WEST BANK AND JERUSALEM It was widely expected that the human rights situation would improve in the West Bank following the exclusion of Hamas from the Government of the West Bank. This initially signalled a new rapprochement between Israel and the emergency Government of President Abbas, under the Prime Ministership of Salam Fayyad. Israel has made some gestures of rapprochement, such as the release of 779 prisoners (mainly belonging to Fatah), the payment of some of the tax money due to the Palestinian Authority, the relaxation of travel restrictions in the Jordan Valley, the granting of amnesty to 178 Fatah militants wanted by Israel and the promised granting of residence permits in the West Bank to 3,500 Palestinians. Unfortunately, Israel has not taken steps to dismantle the infrastructure of occupation. On the contrary, it has maintained and expanded the instruments that most seriously violate human rights - military incursions, settlements, the separation wall, restrictions on freedom of movement, the Judaization of Jerusalem and the demolition of houses.
A. Military incursions Military incursions in the West Bank have intensified since June 2007. For instance, in November the IDF carried out 786 raids in the West Bank in the course of which one person was killed, 67 injured and 398 arrested;12 public and private properties were damaged; curfews were imposed; and countless innocent civilians were terrorized by armed soldiers and dogs. Nablus has been particularly affected: on 17 October, the Israeli army raided the city of Nablus and fired tank shells, killing an elderly civilian and one armed individual, and injuring 14 civilians, including 2 children and a journalist. The IDF has frequently failed to distinguish clearly between military targets and civilians. As in the case of Gaza (see paragraph 25) these actions appear to violate rules of international humanitarian law (articles 48, 51 (4) and 52 (1) of Additional Protocol I).
B. Settlements and settlers13 30. There are 149 settlements in the West Bank and East Jerusalem. Despite promises by Israel to freeze settlement growth, the number of settlers has increased by 63 per cent since 1993 to its present population of 460,000. At present new construction is under way in 88 settlements and the average growth rate in the settlements is 4.5 per cent compared with the average growth rate of 1.5 per cent in Israel itself. In addition there are 105 "outposts" - that is, informal structures, which serve as a prelude to a new settlement, and are unauthorized but still funded by Government ministries. Despite Israel's undertaking in the road map to dismantle all outposts built after 2001, no such action has been taken in respect of the 51 such outposts. More than 38 per cent of the West Bank consists of settlements, outposts, military areas and Israeli nature reserves that are off limits to Palestinians. Settler roads link settlements to each other and to Israel. These roads are largely closed to Palestinian vehicles. (Israel has therefore introduced a system of "road apartheid", which was unknown in apartheid South Africa.)
In a statement to the Third Committee in October 2007 the Israeli delegate, Ms. Ady Schonmann, stated that the Special Rapporteur had failed to indicate that the Israeli NGO, Peace Now, had retracted a report of October 200614 which showed that nearly 40 per cent of the land held by Israeli settlements in the West Bank is privately owned by Palestinians. The Special Rapporteur has had contact with Peace Now which has indicated that while it made some corrections to its report in response to representations from the Israeli Government, it has not retracted its finding that 40 per cent of land occupied by settlements in the West Bank is privately owned by Palestinians.
Settlements are illegal under international law as they violate article 49, paragraph 6, of the Fourth Geneva Convention. This illegality has been confirmed by the International Court of Justice in its Advisory Opinion on the construction of the wall, by the High Contracting Parties to the Fourth Geneva Convention in a declaration published in 2001, and by both the Security Council and the General Assembly. Furthermore settlements constitute a form of colonialism which is contrary to international law.15
See generally, "The Humanitarian Impact on Palestinians of Israeli Settlements and Other Infrastructure in the West Bank", the Office for the Coordination of Humanitarian Affairs (OCHA), July 2007, available at http://www.ochaopt.org/?module=displaysection& section_id=103&format=html.
Breaking the Law in the West Bank - One Violation Leads to Another: Israeli Settlement Building on Private Palestinian Property, Peace Now, October 2006.
Israel's contempt for international law and opinion is illustrated by recent Government decisions. First, in December shortly after the Annapolis meeting, the Israeli Government announced plans to build 307 new apartments in the settlement of Har Homa. Secondly, in October it announced that it would proceed with plans for the development of E1, a planned new settlement which will have 3,500 apartments, 10 hotels and an industrial park, to accommodate 14,500 settlers, situated adjacent to Maale Adumim.
At present Israel has built a police station on E1 (visited by the Special Rapporteur on 25 September) but is prevented from proceeding with its plans to start construction on E1 by the presence of the main road from East Jerusalem to Jericho, which is used by Palestinians. Israel has now confiscated Palestinian land in Abu Dis, Sawareh, Nabi Moussa and al-Khan al-Ahmar to enable it to build an alternate road for Palestinians to Jericho which will free the area for E1. The road is part of Israel's broader plan to replace territorial contiguity with "transportational contiguity" by artificially connecting Palestinian population centres through an elaborate network of alternate roads and tunnels and creating segregated road networks, one for Palestinians and another for Israeli settlers, in the West Bank.
C. Checkpoints, roadblocks and permits as obstacles to freedom of movement. Checkpoints and roadblocks seriously obstruct the freedom of movement of Palestinians in the West Bank, with disastrous consequences for both personal life and the economy. There are 561 such obstacles to freedom of movement, comprising over 80 manned checkpoints and some 476 unmanned locked gates, earth mounds, concrete blocks and ditches. In addition, thousands of temporary checkpoints, known as flying checkpoints, are set up every year by Israeli army patrols on roads throughout the West Bank for limited periods, ranging from half an hour to several hours. In November 2007 there were 429 flying checkpoints.
35. Palestinians are subjected to numerous prohibitions on travel and to requirements for permits for travel within the West Bank and to East Jerusalem. Checkpoints ensure compliance with the permit regime.
These restrictions violate article 12 of the International Covenant on Civil and Political Rights which has been held to be binding on Israel in the OPT by the International Court of Justice in its Advisory Opinion on the construction of the wall. Israel's argument that these restrictions are justified as security measures is difficult to accept. Many of the checkpoints and roadblocks are distant from the border of Israel, which is in any event protected by the wall. More likely explanations are to be found in the need to serve the convenience of settlers, to facilitate the travel of settlers through the West Bank and to impress upon the Palestinian people the power and presence of the occupier. According to a report in Yedioth Ahronoth, one quarter of all IDF soldiers who have served at roadblocks in the West Bank reported having witnessed or taken part in an act of abuse against a Palestinian civilian.
Checkpoints serve to humiliate Palestinians and to create feelings of deep hostility towards Israel. In this respect they resemble the "pass laws" of apartheid South Africa, which required black South Africans to demonstrate permission to travel or reside anywhere in South Africa.16 These laws generated widespread humiliation and anger, and were the cause of regular protest action. Israel would do well to consider the South African experience. Restrictions on freedom of movement of the kind applied by Israel do more to create insecurity than to achieve security.
See General Assembly resolution 1514 (XV): Declaration on the granting of independence to colonial countries and peoples.
D. The wall The wall that Israel is at present building, largely in Palestinian territory, is clearly illegal. The International Court of Justice in its Advisory Opinion on the construction of the wall found that it is contrary to international law and that Israel is under an obligation to discontinue construction of the wall and to dismantle forthwith those sections that have already been built. Israel has abandoned its claim that the wall is a security measure only and now concedes that one of the purposes of the wall is to include settlements within Israel. The fact that 83 per cent of the West Bank settler population and 69 settlements are enclosed within the wall bears this out. The wall is planned to extend for 721 kilometres.
At present 59 per cent of the wall has been completed and 200 kilometres have been constructed since the International Court of Justice handed down its Advisory Opinion declaring the wall to be illegal. When the wall is finished, an estimated 60,000 West Bank Palestinians living in 42 villages and towns will reside in the closed zone between the wall and the Green Line. This area will constitute 10.2 per cent of Palestinian land in the West Bank. There are, however, suggestions that the route of the wall will be revised to include additional Palestinian lands in the south-eastern West Bank near to the Dead Sea. If this plan is implemented some 13 per cent of Palestinian land will be seized by the wall. The closed zone includes many of the West Bank's valuable water resources and its richest agricultural lands.
The wall has serious humanitarian consequences for Palestinians living within the closed zone. They are cut off from places of employment, schools, universities and specialized medical care, and community life is seriously fragmented. Moreover, they do not have 24-hour access to emergency health services. Over 100 persons residing in the closed zone have not received permits to leave the area. Palestinians who live on the eastern side of the wall but whose land lies in the closed zone face serious economic hardship, as they are not able to reach their land to harvest crops or to graze their animals without permits. Permits are not easily granted and the bureaucratic procedures for obtaining them are humiliating and obstructive. The Office for the Coordination of Humanitarian Affairs (OCHA) has estimated that only about 18 per cent of those who used to work land in the closed zone before the construction of the wall receive permits to visit the closed zone today. The opening and closing of the gates leading to the closed zone are regulated in a highly restrictive manner: in 2007 OCHA carried out a survey in 67 communities located close to the wall which showed that only 19 of the 67 gates in the wall were open to Palestinians for use all the year round on a daily basis. To aggravate matters Palestinians coming into and out of the closed zone are frequently subjected to abuse and humiliation at the gates by the IDF. Hardships experienced by Palestinians living within the closed zone and in the precincts of the wall have already resulted in the displacement of some 15,000 persons.
On these laws, see J. Dugard, Human Rights and the South African Legal Order (Princeton, Princeton University Press, 1978).
The plight of the village of Jayyus, visited by the Special Rapporteur on 30 September 2007, illustrates the hardships faced by communities living near to the wall, but in the West Bank. The 3,200 residents of Jayyus are separated by the wall from their farmland; 68 per cent of the village's agricultural land and its six agricultural wells lie in the closed zone between the wall and the Green Line and are off limits to those without a visitor's permit. Scores of greenhouses are situated in the closed zone, producing tomatoes, cucumbers and sweet peppers, which require daily irrigation. Only about 40 per cent of the residents of Jayyus are granted permits to access farms, and gate opening times are both limited and arbitrary. By August 2004, one year after the construction of the wall, local production had fallen from 7 to 4 million kilograms of fruit and vegetables. The situation has further deteriorated over the past three years.
The section of the wall within the Jerusalem Governorate measures 168 kilometres in length. Only 5 kilometres of its completed length runs along the Green Line. The route of the wall runs deep into the West Bank to encircle the settlements of Maale Adumim. In contrast, many Palestinian villages which are currently in the Jerusalem municipality are placed outside the wall and thus separated from Jerusalem. In some places, such as Abu Dis, the wall runs through Palestinian communities, separating neighbours and families. About 25 per cent of the 253,000 Palestinians living in East Jerusalem have been cut off from the city by the wall. This means they can only enter Jerusalem through checkpoints, which makes it difficult to access hospitals, schools, universities, work and holy sites - particularly the Al Aqsa Mosque and the Church of the Holy Sepulchre.
E. Demolition of houses. The demolition of houses has been a regular feature of Israel's occupation of the OPT. Different reasons or justifications are advanced for such demolitions: military necessity, punishment and failure to obtain a building permit. Although the IDF claims to have discontinued punitive home demolitions, instances of such demolitions still occur. On 29 August 2007, the IDF demolished seven housing units in the Naqar neighbourhood of Qalqiliya, which were home to 48 persons (including 17 children) on the ground that they housed members of the military wing of Hamas. Houses are frequently demolished for "administrative" reasons, on the grounds that no permit has been obtained to build - which Israel defends as a normal feature of town planning. Both law and fact show, however, that houses are not demolished in the course of "normal" town planning operations, but are instead demolished in a discriminatory manner to demonstrate the power of the occupier over the occupied.
See B'Tselem, "Demolition for Alleged Military Purposes".
In both East Jerusalem and that part of the West Bank categorized as Area C (60 per cent of the West Bank, comprising villages and rural districts), houses and structures may not be built without permits. The bureaucratic procedures for obtaining permits are cumbersome and in practice permits are rarely granted. As a result, Palestinians are frequently compelled to build homes without permits. In East Jerusalem house demolitions are implemented in a discriminatory manner:18 Arab homes are destroyed but not Jewish houses. In Area C the IDF has demolished or designated for demolition homes, schools, clinics and mosques on the ground that permits have not been obtained. Between May 2005 and May 2007, 354 Palestinian structures were destroyed by the IDF in Area C.
Many Bedouin communities have had their structures demolished. In September 2007 the Special Rapporteur visited Al Hadidiya in the Jordan Valley where the structures of a Bedouin community of some 200 families, comprising 6,000 people, living near to the Jewish settlement of Roi, were demolished by the IDF. This brought back memories of the practice in apartheid South Africa of destroying black villages (termed "black spots") that were too close to white residents. Article 53 of the Fourth Geneva Convention prohibits the destruction of personal property "except where such destruction is rendered absolutely necessary by military operations". According to B'Tselem, the Israeli Information Centre for Human Rights in the Occupied Territories, the destruction of homes in the Naqar neighbourhood of Qalqiliya failed to meet this test. The demolition of homes for administrative reasons can likewise not be justified. Both East Jerusalem and Area C are occupied territory, in respect of which the prohibition contained in article 53 applies.
F. Humanitarian situation The construction of the wall, the expansion of settlements, the restrictions on freedom of movement, house demolitions and military incursions have had a disastrous impact on the economy, health, education, family life and standard of living of Palestinians in the West Bank. Since 2006 the situation has deteriorated further. Israel withholds taxes which it collects on behalf of the Palestinian Authority on all goods imported into the Occupied Palestinian Territory, amounting to $50-60 million per month (about half of the budget of the Palestinian Authority).
Recently, Israel has transferred $119 million of the tax money it has unlawfully seized to the Palestinian Authority and western States and the Quartet have promised to recommence funding to the Palestinian Authority (insofar as it does not further the interests of Hamas in Gaza). At the time of writing no material change is discernible in the humanitarian situation in the West Bank as a result of the continuing occupation, the human rights violations described in this section of the report and Israel's refusal to transfer all the tax money due in law to the Palestinian Authority. Poverty and unemployment are at their highest levels ever; health and education are undermined by military incursions, the wall and checkpoints; and the social fabric of society is threatened.
Meir Margalit, Discrimination in the Heart of the Holy City (Jerusalem, Al Manar Modern Press, 2006).
G. Conclusion The situation in the West Bank may not be as serious as that of Gaza, however it is all a question of degree. Moreover, as in Gaza, the serious humanitarian situation in the West Bank is largely the result of Israel's violations of international law. The wall violates norms of international humanitarian law and human rights law, according to the International Court of Justice; settlements violate the Fourth Geneva Convention; checkpoints violate the freedom of movement proclaimed in human rights conventions; house demolitions violate the Fourth Geneva Convention; the humanitarian crisis in the West Bank, brought about by Israel's withholding of Palestinian tax money and other violations of international law, violates many of the rights contained in the International Covenant on Economic, Social and Cultural Rights. As in Gaza, Israel's actions constitute an unlawful collective punishment of the Palestinian people.
VI. THE TREATMENT OF ARRESTED PERSONS AND CONVICTED PRISONERS
It is estimated that since 1967 over 700,000 Palestinians have been imprisoned. At present, there are some 11,000 prisoners in Israeli jails, a number which includes 376 children, 118 women, 44 members of the Palestinian Legislative Council and some 800 "administrative detainees" (that is, persons not convicted for any offence, held for renewable periods of up to six months). Israel sees such prisoners as terrorists or ordinary criminals who have violated the criminal law. Palestinians see them as political prisoners who have committed crimes against the occupier.
History is replete with examples of such competing perspectives - to cite but South Africa and Namibia as examples. Prisoners are a key issue in any peace settlement. That Israel is aware of this is demonstrated by its release of 779 prisoners (although in November 411 persons were arrested). The release of such a small number of prisoners, however, provides little evidence of a bona fide attempt to reach a peaceful settlement on the part of Israel. To make matters worse prisoners are subjected to humiliating and degrading treatment.
A. Arrested and detained persons Following arrest, persons are frequently beaten and stripped in a humiliating manner. The interrogation of subjects is then carried out in a degrading and inhuman manner, sometimes amounting to torture. During 2007, two reports published by Israeli NGOs - Hamoked (Center for the Defence of the Individual) and B'Tselem19 and the Public Committee against Torture in Israel (PCATI)20 - have shown that arrested persons are subjected to beatings, humiliated and deprived of basic needs and that persons suspected of having information that could prevent attacks (so-called "ticking bomb suspects") are deprived of sleep for more than 24 hours, beaten and subjected to physical ill-treatment. The treatment of children is equally disturbing.
According to Defence for Children International (Palestine Section), children are on average detained for between 8 to 21 days before being brought to court; denied the presence of a parent or lawyer during interrogation; cursed, threatened, beaten and kept in solitary confinement during interrogation.
Absolute Prohibition: The Torture and Ill-Treatment of Palestinian Detainees, Hamoked and B'Tselem, May 2007.
"Ticking Bombs" Testimonies of Torture Victims in Israel, Public Committee against Torture in Israel, May 2007.
B. Convicted prisoners and administrative detainees Prison conditions are harsh. Many prisoners are accommodated in tents, which are extremely hot in summer and cold in winter. Food is poor, resulting in anaemia among prisoners, and there is serious overcrowding. Most Palestinian prisoners are held in jails in Israel. This violates article 76 of the Fourth Geneva Convention which requires persons from an occupied territory to be detained in the occupied country, and if convicted, to serve their sentences therein. Family visits are difficult and frequently impossible: all visits for families from Gaza to their relatives detained in Israeli prisons have been suspended since 6 June 2007, affecting some 900 prisoners. On 22 October there was a riot in Ketziot prison in the Negev (in Israel), accommodating some 2,300 prisoners, which resulted in 1 death and some 250 injuries among prisoners.
The role of medical doctors in detention centres and prisons requires attention. These doctors witness the result of inhuman treatment - wounds, swollen hands, signs of violence - but remain silent, acting as if they do not know that torture is taking place. This raises ethical questions that in similar circumstances in South Africa were, after years of silence, addressed by the South African Medical Association and international medical bodies. Why, one must ask, has the responsibility of Israeli medical doctors who examine detainees and prisoners not been questioned by the relevant Israeli and international medical professional bodies?
VII. SELF-DETERMINATION The right of self-determination of the Palestinian people has been recognized by the Security Council, the General Assembly, the International Court of Justice and Israel itself. The territory of the self-determination unit within which this right is to be exercised clearly includes the West Bank, East Jerusalem and Gaza. The right of the Palestinian people to self-determination has been denied and obstructed for nearly 60 years by Israel.
Now it is threatened by the political separation of the West Bank and Gaza, resulting from the seizure of power in Gaza by Hamas in June 2007, followed by the seizure of power in the West Bank by Fatah. The carefully brokered Government of Palestinian national unity has been destroyed by the internecine conflict resulting in the death of several hundred Palestinians, mostly belonging to Fatah.
At the time of writing, there is no immediate prospect of reconciliation between Hamas and Fatah. This is a matter of deep concern to the Special Rapporteur as the right to self-determination is a central and core human right. It must also be a matter of concern to the Quartet and other international institutions committed to the realization of the right of the Palestinian people to self-determination. Such a concern should not take the form of support - political, economic or military - for one faction at the expense of the other, but rather for reconciliation between the two factions so that the right to self-determination may be realized within the 1967 borders of the Palestinian self-determination unit, that is including the West Bank, East Jerusalem and Gaza. Unhappily, the Quartet (which embraces the United Nations) is, at the time of writing, making little attempt to promote Palestinian national unity. On the contrary, it pursues a divisive policy of preferring one faction over the other; of speaking to one faction but not the other; of dealing with one faction while isolating the other.
Semi-Annual Report 2007, Defence for Children International (Palestine Section).
VIII. INTERNATIONAL LAW, THE INTERNATIONAL COURT OF JUSTICE, THE QUARTET AND THE UNITED NATIONS On 8 December 2003 the General Assembly requested an advisory opinion from the International Court of Justice on the legal consequences arising from the construction of the wall being built by Israel in the OPT. Fifty States and international organizations gave written statements to the Court and 15 States and international organizations made oral statements before the Court. The Court provided an advisory opinion23 by 14 votes to 1, which answered many of the legal questions that have been raised over the past 40 years. The principal findings of the Court were as follows: (a) The Palestinian people have the right to self-determination24 and the exercise of this right is violated by the construction of the wall;25 (b) Israel is under a legal obligation to comply with the Fourth Geneva Convention in the OPT26 - a unanimous finding;27 (c) Settlements are illegal as they violate article 49 (6) of the Fourth Geneva Convention28 - a unanimous finding;
Resolution ES-10/14. Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, ICJ, 2004.
(d) Israel is bound by international human rights conventions in the OPT30 - a unanimous finding31 - and consequently its conduct is to be measured against both international human rights conventions and the Fourth Geneva Convention;
(e) The regime in force in the closed zone between the wall and Green Line violates the right to freedom of movement contained in article 12 of the International Covenant on Civil and Political Rights32 and the right to work, health, education and an adequate standard of living contained in the International Covenant on Economic, Social and Cultural Rights;
(f) The destruction of property for the construction of the wall violates article 53 of the Fourth Geneva Convention and cannot be justified on grounds of military necessity or national security;
g) The wall cannot be justified as an exercise in self-defence;
(h) The annexation of East Jerusalem is illegal;
(i) The construction of the wall by Israel in the OPT, including in and around East Jerusalem, and its associated regime are contrary to international law; and Israel is obliged in law to cease the construction of the wall, to dismantle it and to make reparation for the construction of the wall;
j) All States are under a legal obligation not to recognize the illegal situation resulting from the wall and to ensure compliance by Israel with the Fourth Geneva Convention;
(k) The United Nations, especially the General Assembly and Security Council, should consider what further action is required to bring an end to the illegal situation resulting from the construction of the wall and associated regime, "taking due account of the present Advisory Opinion".
On 20 July 2004 the General Assembly adopted resolution ES-10/15 which called for Israel to comply with the Advisory Opinion of the International Court of Justice. This resolution was adopted by 150 votes to 6 (Australia, Micronesia, Israel, Marshall Islands, Palau, United States) with 10 abstentions. The Russian Federation and member States of the European Union voted in favour of the resolution.
Since 2004, the Advisory Opinion has been ignored by the Security Council. While the General Assembly and Human Rights Council have passed several resolutions reaffirming the Opinion, no attempt has been made by the Security Council to compel Israel to comply with the Opinion or to remind States of their obligation to ensure compliance by Israel with the Fourth Geneva Convention. The reason for this is not hard to find. The Security Council is prevented from giving its backing to the Opinion by the United States which has refused to accept it.
Similarly the United States prevents the Quartet from taking steps to implement the Opinion. No statement issued by the Quartet has ever acknowledged the Opinion.
Although the Advisory Opinion of the International Court of Justice is an authoritative statement of the applicable law and is designed to contribute to the framework for peace in the Middle East, it is not legally binding on States. In law, the United States is well within its right to refuse to accept the Opinion in the Quartet. The same applies to the Russian Federation and the European Union - although both have compromised themselves by giving approval to the Opinion by supporting General Assembly resolution ES-10/15 and subsequent resolutions. The position of the United Nations is, however, very different.
The International Court of Justice is the judicial organ of the United Nations. Moreover the General Assembly has by an overwhelming majority repeatedly given its approval to the Opinion. This means that it is now part of the law of the United Nations. As such the representative of the United Nations in the Quartet - the Secretary-General or his representative - is in law obliged to be guided by the Opinion and to endeavour in good faith to do his or her best to ensure compliance with the Opinion.
If the Secretary-General (or his representative) is politically unable to do so he has two choices: either to withdraw from the Quartet or to explain to his constituency - "we the peoples of the United Nations" in the language of the Charter - why he is unable to do so and how he justifies remaining in the Quartet in the light of its refusal to be guided by the law of the United Nations. The first course is possibly unwise at this time as this would deprive the United Nations of a role in the peace process. This makes the second course essential.
For 40 years the political organs of the United Nations, States and individuals have accused Israel of consistent, systematic and gross violations of human rights and humanitarian law in the OPT. In 2004 the judicial organ of the United Nations, in its Advisory Opinion, affirmed that Israel's actions in the OPT do indeed violate fundamental norms of human rights and humanitarian law and cannot be justified on grounds of self-defence or necessity. If the United Nations is serious about human rights it cannot afford to ignore this Opinion in the deliberations of the Quartet, as it is an authoritative affirmation that Israel is in serious breach of its international commitments. Failure to attempt to implement, or even to acknowledge, an advisory opinion dealing with international humanitarian law and human rights law, brings the very commitment of the United Nations to human rights into question.
See, for example, the draft text in A/62/L.21/Rev.1 adopted on 10 December 2007 which calls on Israel to comply with the Advisory Opinion and on all States to comply with the legal obligations mentioned in the Opinion.
HRC resolution 2/4 of 27 November 2006.
See, for example, the statement of the Quartet of 23 September 2007.
IX. PEACE TALKS At the time of writing negotiations leading to a peace settlement between Israelis and Palestinians have commenced following an initial meeting in Annapolis on 27 November 2007. It is not within the mandate of the Special Rapporteur to comment on what is essentially a political process, except insofar as it has implications for human rights. In this context the
Special Rapporteur wishes to make the following remarks. The Oslo Accords have been criticized for failing to consider normative aspects of the Palestinian issue. In particular they failed to pay adequate attention to international law and to the human rights dimension. It is important that the Annapolis process does not make the same mistake.
Unfortunately the first indications suggest that this is a serious possibility as the joint statement of 27 November agreed to by the parties as a starting point for the negotiations is premised on the proposals contained in the Quartet road map of 2003 rather than on the legal norms proclaimed by the International Court of Justice in its Advisory Opinion on the construction of the wall.
Indeed the joint statement makes no mention of the Advisory Opinion at all. The Secretary-General in his statement at Annapolis also invoked the road map but made no mention of the Advisory Opinion. In the opinion of the Special Rapporteur, the road map is an inappropriate and unhelpful framework for negotiations for the following reasons.
First, it is outdated as it takes no account of the Advisory Opinion, Palestinian democratic elections, Israel's withdrawal from Gaza and the June 2007 separation of Gaza from the West Bank. Second, Israel attached 14 reservations to the road map in May 2003, which makes Israel's commitment to it unclear. Third, it is, in its own language, "a performance-based and goal driven roadmap" which takes little account of the normative aspect.
It must be recalled that article 47 of the Fourth Geneva Convention provides that persons in an occupied territory shall not be deprived of the benefits of the Convention by any agreement concluded between the authorities of the occupied territory and the occupying Power, or by the annexation by the occupying Power of part of the occupied territory.
This means that any agreement between the Palestinian authorities and the Israeli Government that recognizes settlements within the occupied Palestinian territory, or accepts the annexation by Israel of Palestinian land within the wall, will violate the Fourth Geneva Convention.
This is but one example of the dangers of a peace process between unequals which has no regard to the normative framework of international law. In its approach to previous peace negotiations, the Israeli Government has insisted on negotiations being restricted to the agreed framework. The Annapolis joint statement which refers only to the road map suggests that Israel does not see itself as being bound by the normative framework accepted by the United Nations.
In the opinion of the Special Rapporteur negotiations should take place within a normative framework, with the guiding norms to be found in international law, particularly international humanitarian law and human rights law, the Advisory Opinion of the International Court of Justice, and Security Council resolutions.
Negotiations on issues such as boundaries, settlements, East Jerusalem, the return of refugees and the isolation of Gaza should be informed by such norms and not by political horse-trading. In this respect parties might learn from the experience of the negotiations that led to a democratic South Africa in the mid-1990s, which took place within the framework of accepted democratic principles, the rule of law and international law (with special reference to human rights law).
The creation of a Palestinian State will not heal the wounds of 60 years of conflict. If real peace and security is to be achieved every effort should be made to achieve reconciliation between Palestinians and Israelis. To do this it will be necessary for both people to address the events, actions and sufferings of the past. Consideration should therefore be given to the establishment of a Truth and Reconciliation Commission to hear the stories of the sufferings of both peoples. Without truth-telling of this kind tensions between Palestinians and Israelis will remain to threaten peace between the two nations.
--END QUOTE--
Tuesday, February 26, 2008
Thursday, February 21, 2008
Hillary and Bill Clinton campaign without Serbian protest
An opportunity is being missed
by Michael Hoffman
Picture this: a presidential candidate whose husband facilitated the burning and bombing of Jerusalem, killing hundreds of Judaic civilians and destroying dozens of historic synagogues, is campaigning across the U.S. and is met with crowds of outraged Zionists at every stop who shout "war criminal" at her and her ex-president husband.
The reality: In 1999, while Hillary was First lady, Bill Clinton facilitated NATO's burning and bombing of Belgrade and its trains, buses and schools, killing hundreds of Orthodox Christian civilians and destroying dozens of historic churches and monasteries. But as she and Bill campaign across the U.S. no Serbs or Serbian-Americans have bothered to take advantage of the Clintons' accessibility by protesting and publicly shaming these war criminals.
The difference between Judaic and Christian awareness, memory, energy and willingness to mobilize and protest, is the difference between a victorious and a defeated people.
It is not too late. Serbs: protest Mrs. Clinton's presidential campaign! Take this opportunity to expose her husband's heinous crimes against men, women and children perpetrated under the military leadership of Gen. Wesley Clark and NATO.
Forgive? Yes, it's our Christian duty. Forget? Never.
***
Wednesday, February 13, 2008
Israelis say: Terror bombing 'great achievement for free world'
They Rule By Assassination
ASSASSINATION IS "TERRORISM" WHEN ENEMIES OF THE ISRAELI-AMERICAN CARTEL COMMIT IT
ASSASSINATION IS A "BLESSING" FOR HUMANITY WHEN ISRAELIS OR THE U.S. GOVERNMENT PERPETRATE IT
Ex-Mossad chief: Mughniyah killing 'great achievement for free world'
PMO denies Israeli role in Imad Mughniyah's death
By Yuval Azoulay, Haaretz | Feb. 13, 2008
The Prime Minister's Office on Wendesday denied any Israeli role in the assassination of Hezbollah Deputy Secretary General Imad Mughniyah, who was killed in a bomb blast in Damascus late Tuesday night.
"Israel rejects the attempt by terror groups to attribute to it any involvement in this incident," said the PMO in a statement. "We have nothing further to add."
Former Mossad chief Danny Yatom on Wednesday welcomed Mughniyah's death, calling it "a great achievement for the free world in its fight on terror."
"Mughniyah was one of the most dangerous and cruel terrorists of all time," said the Labor MK. "There are numerous intelligence agencies and countries that have been pursuing him, and the one that was successful in reaching him [has proven itself] - to have a high intelligence and operational capability."
Yatom called Mughniyah's death a serious blow to Hezbollah, both in terms of morale and in terms of its operational capabilities, saying the assassination could only have been made possible by penetrating deep into the organization.
"Whoever can take him out can take out anyone in Hezbollah," he said. "It will take Hezbollah a long time to find an heir."
"Mughniyah was responsible for the deaths of many Jews, Israelis, Americans, and was solely and directly responsible for Hezbollah attacks abroad, through close cooperation with Iran," he said.
Environment Minister Gideon Ezra, formerly a senior intelligence officer, also hailed the killing of the top Hezbollah commander. "I, of course, do not know who carried out the assassination of Imad, but he should be blessed," he said.
Hamas slammed the assassination. "We condemn this crime and we emphasize the Muslim nation must rise up to confront the Zionist devil which is back by the Americans," said a Hamas spokesman in Gaza, Samir Abu Zuhri.
***
ASSASSINATION IS "TERRORISM" WHEN ENEMIES OF THE ISRAELI-AMERICAN CARTEL COMMIT IT
ASSASSINATION IS A "BLESSING" FOR HUMANITY WHEN ISRAELIS OR THE U.S. GOVERNMENT PERPETRATE IT
Ex-Mossad chief: Mughniyah killing 'great achievement for free world'
PMO denies Israeli role in Imad Mughniyah's death
By Yuval Azoulay, Haaretz | Feb. 13, 2008
The Prime Minister's Office on Wendesday denied any Israeli role in the assassination of Hezbollah Deputy Secretary General Imad Mughniyah, who was killed in a bomb blast in Damascus late Tuesday night.
"Israel rejects the attempt by terror groups to attribute to it any involvement in this incident," said the PMO in a statement. "We have nothing further to add."
Former Mossad chief Danny Yatom on Wednesday welcomed Mughniyah's death, calling it "a great achievement for the free world in its fight on terror."
"Mughniyah was one of the most dangerous and cruel terrorists of all time," said the Labor MK. "There are numerous intelligence agencies and countries that have been pursuing him, and the one that was successful in reaching him [has proven itself] - to have a high intelligence and operational capability."
Yatom called Mughniyah's death a serious blow to Hezbollah, both in terms of morale and in terms of its operational capabilities, saying the assassination could only have been made possible by penetrating deep into the organization.
"Whoever can take him out can take out anyone in Hezbollah," he said. "It will take Hezbollah a long time to find an heir."
"Mughniyah was responsible for the deaths of many Jews, Israelis, Americans, and was solely and directly responsible for Hezbollah attacks abroad, through close cooperation with Iran," he said.
Environment Minister Gideon Ezra, formerly a senior intelligence officer, also hailed the killing of the top Hezbollah commander. "I, of course, do not know who carried out the assassination of Imad, but he should be blessed," he said.
Hamas slammed the assassination. "We condemn this crime and we emphasize the Muslim nation must rise up to confront the Zionist devil which is back by the Americans," said a Hamas spokesman in Gaza, Samir Abu Zuhri.
***
Saturday, February 02, 2008
Amnesty International: Israelis Killed Hundreds of Children in Lebanon in 2006
Amnesty Int'l: Winograd report fails to address Israel's war crimes
Haaretz | Feb. 2, 2008
Human rights organization Amnesty International on Thursday called the Winograd Commission's final report on Israel's conduct during the Second Lebanon War, published Wednesday, "deeply flawed," in its failure to address war crimes committed by Israel.
The organization said that the report failed to investigate government policies and military strategies that didn't discriminate between the Lebanese civilian population and Hezbollah combatants and between civilian property and infrastructure and military targets.
"This was yet another missed opportunity to address the policies and decisions behind the grave violations of international humanitarian law , including war crimes, committed by Israeli forces," said Malcolm Smart, Director of Amnesty International's Middle East and North Africa Program.
"The indiscriminate killings of many Lebanese civilians not involved in the hostilities and the deliberate and wanton destruction of civilian properties and infrastructure on a massive scale were given no more than token consideration by the commission," said Smart.
The press release explained that that though the Winograd inquiry committee was not vested with the powers of an official state commission of investigation, it had the power to subpoena witnesses and recommend the prosecution of officials it found to have been responsible for willful or negligent criminal conduct.
According to Amnesty International, "the [Winograd Commission] chose to limit its work to reviewing military strategy and political decisions...and made to effort to recommend measures for holding those responsible for [serious violations] to account. It recommends the development of mechanisms to ensure the effectiveness of fighting within the framework of international humanitarian law standards [and] immediate investigations by the army when there are concerns that international humanitarian law was violated and better preparedness for responding to humanitarian problems arising from military action."
"But it essentially brushed aside available evidence of serious violations of international law, claiming that interpretations of international humanitarian law are controversial, that it did not have the capacity to deal with the volume of data, that the alleged violations were already being investigated by other bodies, and that such allegations are used as propaganda against Israel, whereas it did scrutinize military strategies and the conduct of certain operations in detail, including in cases which were already being investigated separately."
Based on its on-the-ground research and analysis of the conduct of hostilities in 2006, Amnesty International concluded that the Lebanese civilian population paid the heaviest price for the Israel Defense Force attacks.
"Of some 1,190 people killed, the vast majority were civilians not involved in the hostilities, among them hundreds of children. The overwhelming majority of homes, properties and infrastructure targeted in air strikes and artillery attacks were likewise civilian."
"Although the Winograd Commission recommended that the army review its policies on the use of cluster bombs to ensure that the use of these weapons will not violate international humanitarian law and army discipline, it did not propose any concrete measures," said Smart.
Amnesty International called on Israel's government to provide data on the use of cluster bombs during the Second Lebanon War, establish an independent and impartial investigation into evidence indicating that IDF forces committed serious violations of international human rights and humanitarian law during the conflict, and ensure that those responsible are brought to justice.
HOFFMAN'S AFTERWORD: The Talmud and halacha (rabbinic law) rule that "no one may judge Israel." With all the perpetual hand-wringing and weeping over the Nazi "Holocaust," Israeli war crimes are never prosecuted, and seldom publicized or commemorated. The "Holocaust" has nothing to do with universal human rights and everything to do with creating a religion of Judaism for gentiles, "Holocaustianity." In the eyes of true believers in that new religious creed, Israelis can do no wrong, while Arabs, including Arab Christians, are always wrong. Their deaths don't count. Their blood is cheap, like the Talmud says.
***
Haaretz | Feb. 2, 2008
Human rights organization Amnesty International on Thursday called the Winograd Commission's final report on Israel's conduct during the Second Lebanon War, published Wednesday, "deeply flawed," in its failure to address war crimes committed by Israel.
The organization said that the report failed to investigate government policies and military strategies that didn't discriminate between the Lebanese civilian population and Hezbollah combatants and between civilian property and infrastructure and military targets.
"This was yet another missed opportunity to address the policies and decisions behind the grave violations of international humanitarian law , including war crimes, committed by Israeli forces," said Malcolm Smart, Director of Amnesty International's Middle East and North Africa Program.
"The indiscriminate killings of many Lebanese civilians not involved in the hostilities and the deliberate and wanton destruction of civilian properties and infrastructure on a massive scale were given no more than token consideration by the commission," said Smart.
The press release explained that that though the Winograd inquiry committee was not vested with the powers of an official state commission of investigation, it had the power to subpoena witnesses and recommend the prosecution of officials it found to have been responsible for willful or negligent criminal conduct.
According to Amnesty International, "the [Winograd Commission] chose to limit its work to reviewing military strategy and political decisions...and made to effort to recommend measures for holding those responsible for [serious violations] to account. It recommends the development of mechanisms to ensure the effectiveness of fighting within the framework of international humanitarian law standards [and] immediate investigations by the army when there are concerns that international humanitarian law was violated and better preparedness for responding to humanitarian problems arising from military action."
"But it essentially brushed aside available evidence of serious violations of international law, claiming that interpretations of international humanitarian law are controversial, that it did not have the capacity to deal with the volume of data, that the alleged violations were already being investigated by other bodies, and that such allegations are used as propaganda against Israel, whereas it did scrutinize military strategies and the conduct of certain operations in detail, including in cases which were already being investigated separately."
Based on its on-the-ground research and analysis of the conduct of hostilities in 2006, Amnesty International concluded that the Lebanese civilian population paid the heaviest price for the Israel Defense Force attacks.
"Of some 1,190 people killed, the vast majority were civilians not involved in the hostilities, among them hundreds of children. The overwhelming majority of homes, properties and infrastructure targeted in air strikes and artillery attacks were likewise civilian."
"Although the Winograd Commission recommended that the army review its policies on the use of cluster bombs to ensure that the use of these weapons will not violate international humanitarian law and army discipline, it did not propose any concrete measures," said Smart.
Amnesty International called on Israel's government to provide data on the use of cluster bombs during the Second Lebanon War, establish an independent and impartial investigation into evidence indicating that IDF forces committed serious violations of international human rights and humanitarian law during the conflict, and ensure that those responsible are brought to justice.
HOFFMAN'S AFTERWORD: The Talmud and halacha (rabbinic law) rule that "no one may judge Israel." With all the perpetual hand-wringing and weeping over the Nazi "Holocaust," Israeli war crimes are never prosecuted, and seldom publicized or commemorated. The "Holocaust" has nothing to do with universal human rights and everything to do with creating a religion of Judaism for gentiles, "Holocaustianity." In the eyes of true believers in that new religious creed, Israelis can do no wrong, while Arabs, including Arab Christians, are always wrong. Their deaths don't count. Their blood is cheap, like the Talmud says.
***
Monday, November 26, 2007
Shopping for Outrage: the government needs another 9/11
by Michael Hoffman
I had to be out and about this past weekend, rather than at my desk, due to family obligations, and not due to any involvement in the ho-ho-ho "Sanny Claws" commerce.
I don't know how it is where you live, but in the Coeur d'Alene, ID/Spokane, WA area, the people were out spending, but doing so joylessly. It was so rote and mechanical it was spooky. The Stepford Shoppers prowled the aisles as they were told, but joy to the world, conviviality, Christ? These were nowhere to be found. Instead, minimum-wage store clerks stressed out by not being able to afford to drive their gas-guzzling clunkers to work, waited on harried and haughty shoppers. Deck the halls with boughs of folly!
I assume it's better in Europe, even though they are mostly agnostics over there; still, the roots of the holy day ("holiday") run deep in the Old World and have more of an association with the root than the register; Europeans celebrate at this darkest astronomical season and they do so in quaint and lovely ways, from the nativity displays of Italy to the festive lighting of the Nordic countries.
Here in the Pacific Northwest however, it's a mostly grim, going-through-the-motions affair. The psychological state of the masses seems to be one of mild to acute depression. It's like they don't have a fighting spirit. They are being robbed and they don't seem to think they can do anything about it. Resignation reigns, and with it, despair.
Partly this is due, methinks, to an unspoken popular sense, not quite a conscious realization or outright affirmation, that the U.S. government was behind 9/11. Not only that, but also a sense that all indicators are that the government can only radically increase its power with yet another government-approved terror attack on U.S. soil.
Columnist Stu Bykofsky of the Philadelphia Daily News said it openly earlier this year, "To save America, we need another 9/11." David Addington, one of Vice President Dick Cheney's aides, is reported to have stated, with regard to the "FISA" court which oversees executive wiretapping, "We're only one bomb away from getting rid of that obnoxious court."
It's hardly a secret that the government needs another 9/11, or that the Bush administration was behind the first one; and since these dreadful facts are indeed known, if only at some sub-cellar level of the Group Mind of the American people, that's a terrible psychological burden to carry and goes a long way toward explaining the apathy and exhaustion we are witnessing, or that this writer observed anyway, here in the inland Northwest.
But it's more than apathy.
The American people are wounded, and therefore to a certain extent, incapacitated. We see this even here, among the readers of On the Contrary. On Saturday we broke the story on an otherwise obscure squib that appeared in New York City's "Forward" newspaper, confirming what your editor has been saying for years, that "Catholic conservative" super-hero, Supreme Court Justice Antonin Scalia, has been engaged in a sustained campaign of actively assisting in the promotion of Talmudic law clerks and lawyers at the highest levels of the American judiciary.
After we reported this outrage on Nov. 24, it should have been passed around and reprinted in some significant corners of the Internet. But it wasn't. To my knowledge, it was published only on our own blog, and that of Maurice Pinay: http://mauricepinay.blogspot.com/2007/11/disabuse-yourself-of-disinformation.html.
That was the sum total of the "publicity" for this shattering insight into the double-mind of the paleo-conservative right wing and the character of one of its most revered icons. But if we have been adulating one of our executioners, isn't that newsworthy, and shouldn't it be halted, by shining the light of exposure on it? A crucial revelation like this is empowering, if it is publicized. It liberates those who have been fooled by one of the cruelest cons ever perpetrated inside the bowels of our own movement. After all, Scalia is "one of us" isn't he?
But so far, the story has gone almost nowhere. Is this information only passed around when it appears in Pat Buchanan's column? If that's the case, then let me clue you in on a little secret: it never will be, due to the unfortunate fact that Mr. Buchanan is one of the main props of Justice Scalia's personality cult.
This is the Internet, and as Ron Paul's vibrant movement has shown, Paul's supporters have built him an impressive base online, through grassroots efforts. Dr. Paul confesses to knowing little about the web. So it was done for him, by self-motivating initiative.
Will this populist, Ron Paul-style energy branch out into other issues and endeavors? If it doesn't, then Dr. Paul can't make it. His movement alone cannot reanimate a corpse. Paul's momentum and offensive must serve as a candle of inspiration that motivates others to work on issues Dr. Paul can't tackle right now, precisely like what we are addressing here, a story which should snowball into a hugely embarrassing controversy for Scalia.
Is Justice Scalia going to be allowed to get away with this, without any questions being asked in public, and without his admirers being made aware that their support for him puts our nation on the road to the implementation of the Talmudic "Noahide Laws"? If so, that's quite a test of our apathy, isn't it? Is that why the Cryptocracy had the "Forward" float the story in the first place, to measure the depth of our outrage?
What the outrage?
Saturday, November 24, 2007
Talmudic Court Clerks Predominate Under Justice Scalia
Kosher-Conservative Treason
Number of Orthodox Court Clerks Jumps Thanks to Scalia
Jennifer Siegel | The Forward | Wed. Nov 21, 2007
http://www.forward.com/articles/12075
EXCERPT: “He has commented at times on the fact that he thought that people who had a talmudic training had a head start,” Lewin said of Scalia.
__________
Court watchers say you can count on one hand the number of Orthodox Jews who have served as clerks, but that figure will see a significant jump in 2008, when Harvard Law graduates Moshe Spinowitz, 28, and Yaakov Roth, 23, join the staff of Associate Justice Antonin Scalia.
“I think it’s sort of a coincidence. Things just sort of worked out that way this year, but it is 20% of a minyan,” Roth said, speaking to the Forward about the lawyers’ good fortune.
In interviews with the Forward, both Roth and Spinowitz said they believed that their faith was something of a footnote to the arduous selection process and had been unremarkable both at Harvard Law and at their current clerkships for U.S. Court of Appeals judge Michael Boudin, where the two now sit in neighboring cubicles.
...Despite Orthodox Jews’ tiny numbers, their experience at the Supreme Court has been one small but telling barometer of the place of Jews within the broader society.
Nathan Lewin, a prominent Washington lawyer who graduated from Harvard Law School in 1960 and went on to clerk for Associate Justice John M. Harlan from 1961 to 1962, recalled being pleasantly surprised when Harlan said at his initial interview that a Saturday Sabbath observance would not be a problem.
During his tenure at Harvard, Lewin said, classes were held Saturdays, leading the handful of Orthodox male students to rush through their morning services — only to arrive at lectures without their books or pens. When exam time rolled around, the men paid for their own proctors to administer Saturday evening exams. And when recruiting season came, several law firms told Lewin that they would not hire an associate who refused to work Saturdays.
At the same time, Lewin recalled a fellow classmate and colleague on the Harvard Law Review who was impressed by his Jewish background: the Italian Catholic, staunchly conservative Scalia.
“He has commented at times on the fact that he thought that people who had a talmudic training had a head start,” Lewin said of Scalia. The two were “quite friendly” during their law school days, said Lewin, and last met socially at a kosher restaurant in Washington. (End quote from The Forward)
HOFFMAN'S NOTE: Justice Scalia's close Talmudic pal, Nathan Lewin, is the attorney for AgriProcessors, allegedly one of the worst and most inhumane kosher slaughterhouses in the nation. Lewin is on record as advocating that the family members of Palestinian suicide bombers--their parents for example--should be executed. For several years he and Scalia have been attempting to establish a yeshiva (Talmud school) for US judges. For more on Scalia cf. The Occult Renaissance Church of Rome, pp. 588-593.
***
Thursday, August 17, 2006
National Public Radio (NPR) Broadcasts Zionist Delusions 8/16
33 days of bombing Lebanon by Israelis is turned by tax-supported National Public Radio (NPR) on its Aug. 16 afternoon newscast into “the fighting between Hezbollah and Israel.”
NPR on Aug. 16 also featured Jeffrey Goldberg of The New Yorker for a ten minute uninterrupted Israeli commercial about “anti-semitism” and Arabs who hate “Jews.” Goldberg was completely delusional and he was blaming the victims; as though after 34 days of bombing, any anti-Judaic sentiment by the people of Lebanon would be wholly illegitimate and criminal.
Of course there was no reference whatsoever to the anti-Arab racism that motivated a super-power to collectively punish an entire civilian population of Arabs and kill 1,000 of them.
Goldberg was supported in his crazy chauvinism by the female NPR interviewer who sounded and acted as if she were Ariel Sharon’s niece, instead of an objective reporter charged with challenging the dogma of her interview subjects. This lengthy NPR segment reminded me of a Nazi broadcast wherein two Hitlerite reporters are decrying anti-German sentiment among the Poles they had just bombed and invaded.
NPR on Aug. 16 also featured Jeffrey Goldberg of The New Yorker for a ten minute uninterrupted Israeli commercial about “anti-semitism” and Arabs who hate “Jews.” Goldberg was completely delusional and he was blaming the victims; as though after 34 days of bombing, any anti-Judaic sentiment by the people of Lebanon would be wholly illegitimate and criminal.
Of course there was no reference whatsoever to the anti-Arab racism that motivated a super-power to collectively punish an entire civilian population of Arabs and kill 1,000 of them.
Goldberg was supported in his crazy chauvinism by the female NPR interviewer who sounded and acted as if she were Ariel Sharon’s niece, instead of an objective reporter charged with challenging the dogma of her interview subjects. This lengthy NPR segment reminded me of a Nazi broadcast wherein two Hitlerite reporters are decrying anti-German sentiment among the Poles they had just bombed and invaded.
____________________
Wednesday, August 16, 2006
Orthodox Judaism's Support for Israeli Warfare

Israeli holocaust against Lebanon compared to "Moses' war against the Midianites"
Rabbi says Israeli warfare will "will bring redemption to the world at large"
Study-and-Warfare Project Seeks Soldiers
by Hillel Fendel
The study-and-sword partnership has gained momentum, but organizers are concerned that many soldiers have not yet signed up for a study partner to pray and study in their merit. Project "Safra VeSayfa" - literally, book and sword, or study and warfare - was formed for the express purpose of linking individual yeshiva students with specific IDF soldiers. The student "adopts" the soldier by studying Torah in his name and praying for his safety. Rabbi Simcha HaCohen Kook, the Chief Rabbi of Rechovot, as well as the Bostoner Rebbe, Rabbi Levi Yitzchok Horowitz of Har Nof, Jerusalem, have seconded the call for such partnerships.
Rabbi Kook contacted the National Council of Young Israel on this matter, explaining the seriousness and gravity of the situation. He noted the Medrashic teaching that in Moses' war against the Midianites, Moses drafted 1,000 pairs from each tribe. Of each pair, one fought in the war - and one prayed specifically for him. The Torah later teaches that the Israelites did not suffer any losses.
"By connecting the soldier to Torah study and prayer," says Maayan Ohr of Tekoa, founder of Safra VeSayfa, "the yeshiva student lends strength to the soldier on the battlefield, who then transforms this force into defending and saving our homeland." In addition, she says, "We hope to increase the sense of mutual responsibility, build a deeper connection and encourage a spirit of cooperation within our people. Unifying their strengths will bring redemption to the world at large."
For more information on the program, including how it started as a graphics project for a teacher who originally requested "nothing to do with politics or religion," click here.
Maayan says that in light of many requests from Jews around the world to pray for soldiers, it is vital to spread word of the program as far and wide as possible so that more soldiers can sign up. She also emphasizes the importance of signing up Jews from all around the world, "as the time differences will allow people to study and pray on the soldiers' behalf even while here in Israel many are sleeping." Soldiers and students who wish to participate are asked to sign up by email, at "safravesayfa@email.com".
Link
Monday, August 14, 2006
The Ku Klux Judaism of David Mamet
The catchall solution: First blame the Jews
By David Mamet | Baltimore Sun | August 10, 2006
Twelve hundred years of European anti-Semitism, murder, rape and theft may be laid in large part, at the foot of the Gospel of John. ("He would not go about in the temple, because the Jews sought to kill him," John 7:1. "You are of your father the devil, and your will is to do your father's desires," John 8:44, etc., New Oxford Annotated Bible.)
Now, any and every religion has some portion of its foundation text that is morally and ethically repugnant: Jewish morning prayers, where the man "thanks God that he was not created a woman," or in Deuteronomy 21:18-21, "the rebellious child must be taken outside the camp and stoned to death." The Gospels did not cause anti-Semitism, but they licensed it, to Christian Europe.
(End quote from Mr. Mamet)
Michael Hoffman replies:
Mamet is a Hollywood script-writer, director and playwright. He also dabbles in ritual and stage magic and Kabbalah with his factotum, the magician Ricky Jay. In his first paragraph, Mamet offers the familiar indictment of the Gospel of John as "licensing 'anti-Semitism." What this con-artist will not tell his readers is that the Old Testament also contains powerful anti-Jewish pronouncements by Yahweh's Prophets. Is it “anti-semitic”?
To gauge Mamet's dishonesty, examine how he deliberately garbles the Morning Prayer of Judaism: "where the man 'thanks God that he was not created a woman." Actually in that prayer the Judaic male thanks the god of the Talmud for not making him "a slave, a gentile or a woman."
The deceitful Mamet won't quote that part of the prayer because it might cause his readers to put two-and-two together and come up with the source of Israeli contempt for the lives of non-Judaic Arab civilians: rabbinic law and the prayers of Judaism.
Mamet's column in the Baltimore Sun is an ignorant, chauvinist rant that parrots the same shopworn cliches, "The world hates us. We are blameless.”
This from a supposedly sophisticated progressive who, in his books and plays, "nobly" exposes the underside of traditional Southern Christian culture. Mamet is an extreme manifestation of Talmudic-tribalism and Ku Klux Judaism who has made it his vocation to self-righteously deflate American Christian tribalism.
For our last laugh, dig this line from Mamet: "And much of the liberal West, thrilled to have a victim to worship, nods along." He's criticizing any solidarity with Arab victims of Israeli massacres on the basis that such solidarity constitutes a morbid liberal victim cult.
Yet Mamet is a card-carrying member of the biggest victim-worshipping cult of them all: Holocaustianity.
Copyright©2006 by RevisionistHistory.org
_________
Sunday, August 13, 2006
The Ho-Hum Holocaust

25 CIVILIANS KILLED TODAY BY 'ISRAEL.’
HO-HUM. BUSINESS AS USUAL.
Hannah Arendt called it the banality of evil and here it is on the front page of the New York Times. 25 Arabs snuffed today.
No big deal, no war crimes trials, no mournful holocaust-talk of “ t's happening again;" just another day full of dead Arabs.
The dogs bark and the Israeli slow motion genocide caravan rolls on.
Israelis Bomb UN Convoy
"...In one overnight airstrike (Aug. 12), a convoy of some 500 vehicles carrying civilians and Lebanese security forces, escorted by United Nations peacekeepers and fleeing north from Merj' Uyun with permission negotiated with Israel, was struck near Shtaura in the Bekaa Valley.
"Witnesses and hospital officials said at least six people were killed, including a Lebanese Army officer. The Israeli military said the convoy was fired upon because of a 'suspicion' it might contain Hezbollah fighters. TV images showed wrecked cars, a woman's shoes and other belongings scattered across the road.
" ...Aid convoys from the United Nations and other relief agencies have been unable to get help to the countryside for days. Relief workers say they must phone the Israeli Embassy in Washington to ask for permission for convoys to travel and it is rarely granted.
Source: John Kifner and Greg Myre, "After U.N. Accord, Israel Expands Push in Lebanon," NY Times August 13, 2006.
Friday, August 11, 2006
Terror "Plot" Pays Big Dividends for Bush and Blair
by Michael A. Hoffman II
Note the last item in the column from the front page of this morning's online New York Times: "Arrests bolster GOP as Election Nears." Lebanon is off the front pages of the British newspapers and Republicans are back on top in American politics, all thanks to a mouthpiece media that accepts at face value the conspiracy claims of US and British governments that believe that in wartime truth is so precious it must be protected by a bodyguard of lies. Deception in wartime is a staple of US and British intelligence. This is an axiom about which the US media are unwilling to breathe a word.
Bush and Blair lied about weapons of mass destruction in Iraq, but they would never lie about a terror "plot" in England? Yeah, right.
Historically, the mission of journalists is to be skeptics and adversaries of Big Brother, probing and investigating government pronouncements, and testing their veracity, but not any more. Now the media is an echo chamber for an "infallible" government. When it comes to pronouncements about "terror attacks," Bush and Blair enjoy the status of the pope.
When Republicans in the US are low in the polls or Israeli war crimes are focusing world-wide horror and revulsion on Zionism, along comes an Al-Qaeda-"linked" terror attack or terror "plot" in time to rehabilitate Bush, Blair and "Israel."
Merely a coincidence?
Moreover, even if this "shampoo" explosives tale were true, why does the West react to it as if we are all innocent little lambs minding our own business in our neck of the woods, rather than allies of Israeli mass murder in far-away Lebanon, where we have no business? Do we imagine that we will assist the Israelis in blowing Arab grandmothers and infants out of their beds and there will be no nasty repercussions?
The Israelis and Americans have taught the Arabs that collective punishment is a legitimate form of warfare. Collective punishment is official Israeli policy. The Israelis have declared that since the people of Lebanon tolerate Hezbollah, they too are rightful targets of bombs, missiles and cluster weapons.
If and when the Arabs turn that logic upon us, and target American and British civilians for tolerating Bush and Blair, suddenly it is a monstrous evil; "Islamic fascism" at its devilish work.
George W. Bush and Tony Blair are deliberately inciting war with the Muslim world by such actions as funding, arming and approving Israeli genocide in Lebanon. The problem with war, aside from its obvious crimes and sins, is that the resulting war fever tends to close the minds of the citizens who are being drummed into lock-step, "patriotic" formation behind "their leaders," so that clear thinking is the first casualty.
The first President Bush helped to rehabilitate war as an instrument of US policy in the first Iraq war. Bill Clinton furthered that rehabilitation in the name of the "good cause" of waging war against "Serbian evil."
Clinton and NATO fought that "evil" so effectively that their bombing killed an estimated 10,000 civilians. Geoge W. Bush has pushed the envelope to where we are now: perpetual war against a dehumanized foe, with all the tools we used vis a vis the far more sinister atheistic Soviet Communists -- diplomacy, trade, negotiation -- cast on to the neo-con's junk heap of history.
But if we sift through that heap we will find that history teaches that war is almost always an instrument for swelling the size of government, curtailing civil liberties, enlarging the police forces and spy apparatus, enriching the military-industrial complex and killing the innocent by the thousands and the millions.
None of this has to happen. America can pull out of the Middle East. Without the American Goliath to back their killings and land thefts, the Zionists would have to make peace with their neighbors and the billions spent on the "war on terror" could go to making the US energy-independent.
To have for President of the United States, a depraved, secret society retard and murderer like George W. Bush can only be a curse on us for our sins: our selfish refusal to have large families, our rampant materialism and our vicious, buccaneer capitalist economic system based on shylock interest rates.
The Republicans are up in the polls? If this is true, and I trust pollsters about as far as I can throw them, it signifies that Americans are up for a Judaic war of annihilation against dehmanized native people; that our children and our grandchildren will still be fighting this war; a war that will see the imposition in the US of identification papers, preventive detention of dissenters, the suspension of the Constitution, the rise of a president-dictator, the enactment of the Talmudic Noahide laws and the death of the liberty for which generations of Americans have fought and died.
Never was a revolution more necessary in these United States.
Copyright©2006 by RevisionistHistory.org
Browse an extraordinary collection of Michael A. Hoffman's books, pamphlets, newsletters, speeches and films
Note the last item in the column from the front page of this morning's online New York Times: "Arrests bolster GOP as Election Nears." Lebanon is off the front pages of the British newspapers and Republicans are back on top in American politics, all thanks to a mouthpiece media that accepts at face value the conspiracy claims of US and British governments that believe that in wartime truth is so precious it must be protected by a bodyguard of lies. Deception in wartime is a staple of US and British intelligence. This is an axiom about which the US media are unwilling to breathe a word. Bush and Blair lied about weapons of mass destruction in Iraq, but they would never lie about a terror "plot" in England? Yeah, right.
Historically, the mission of journalists is to be skeptics and adversaries of Big Brother, probing and investigating government pronouncements, and testing their veracity, but not any more. Now the media is an echo chamber for an "infallible" government. When it comes to pronouncements about "terror attacks," Bush and Blair enjoy the status of the pope.
When Republicans in the US are low in the polls or Israeli war crimes are focusing world-wide horror and revulsion on Zionism, along comes an Al-Qaeda-"linked" terror attack or terror "plot" in time to rehabilitate Bush, Blair and "Israel."
Merely a coincidence?
Moreover, even if this "shampoo" explosives tale were true, why does the West react to it as if we are all innocent little lambs minding our own business in our neck of the woods, rather than allies of Israeli mass murder in far-away Lebanon, where we have no business? Do we imagine that we will assist the Israelis in blowing Arab grandmothers and infants out of their beds and there will be no nasty repercussions?
The Israelis and Americans have taught the Arabs that collective punishment is a legitimate form of warfare. Collective punishment is official Israeli policy. The Israelis have declared that since the people of Lebanon tolerate Hezbollah, they too are rightful targets of bombs, missiles and cluster weapons.
If and when the Arabs turn that logic upon us, and target American and British civilians for tolerating Bush and Blair, suddenly it is a monstrous evil; "Islamic fascism" at its devilish work.
George W. Bush and Tony Blair are deliberately inciting war with the Muslim world by such actions as funding, arming and approving Israeli genocide in Lebanon. The problem with war, aside from its obvious crimes and sins, is that the resulting war fever tends to close the minds of the citizens who are being drummed into lock-step, "patriotic" formation behind "their leaders," so that clear thinking is the first casualty.
The first President Bush helped to rehabilitate war as an instrument of US policy in the first Iraq war. Bill Clinton furthered that rehabilitation in the name of the "good cause" of waging war against "Serbian evil."
Clinton and NATO fought that "evil" so effectively that their bombing killed an estimated 10,000 civilians. Geoge W. Bush has pushed the envelope to where we are now: perpetual war against a dehumanized foe, with all the tools we used vis a vis the far more sinister atheistic Soviet Communists -- diplomacy, trade, negotiation -- cast on to the neo-con's junk heap of history.
But if we sift through that heap we will find that history teaches that war is almost always an instrument for swelling the size of government, curtailing civil liberties, enlarging the police forces and spy apparatus, enriching the military-industrial complex and killing the innocent by the thousands and the millions.
None of this has to happen. America can pull out of the Middle East. Without the American Goliath to back their killings and land thefts, the Zionists would have to make peace with their neighbors and the billions spent on the "war on terror" could go to making the US energy-independent.
To have for President of the United States, a depraved, secret society retard and murderer like George W. Bush can only be a curse on us for our sins: our selfish refusal to have large families, our rampant materialism and our vicious, buccaneer capitalist economic system based on shylock interest rates.
The Republicans are up in the polls? If this is true, and I trust pollsters about as far as I can throw them, it signifies that Americans are up for a Judaic war of annihilation against dehmanized native people; that our children and our grandchildren will still be fighting this war; a war that will see the imposition in the US of identification papers, preventive detention of dissenters, the suspension of the Constitution, the rise of a president-dictator, the enactment of the Talmudic Noahide laws and the death of the liberty for which generations of Americans have fought and died.
Never was a revolution more necessary in these United States.
Copyright©2006 by RevisionistHistory.org
Browse an extraordinary collection of Michael A. Hoffman's books, pamphlets, newsletters, speeches and films
Thursday, August 10, 2006
Deconstructing Aug. 10, 2006 Wisconsin Speech by Bonesman Bush
by Michael Hoffman
THE PHOTO: Note the sense of sterility and isolation in this photo. The "masses of people" from whom Bush allegedly derives his mandate are nowhere to be seen. Only spook-like figures in black suits and another black-suited man at a microphone. The aircraft in the background is supposed to connote the threat to aviation posed by terrorists, but it is more likely to summon the image of the bird of prey used by Israeli (state) terrorists to bomb Lebanon. Kennedy purported to impart a vision of "the New Frontier" and Johnson "the Great Society." The vision furnished by Bonesman Bush, as evinced by this staged photograph, is of a nightmare world drained of all life and subject to one man rule backed by secret agents.THE VIDEO: The video of this speech shows Bush delivering "his" words with little passion or conviction. With a couple of exceptions when his voice rises slightly (for example, when delivering this line: "It is a mistake to believe there is no threat to the United States of America"), Bush recites his statement in a drone-like monotone, rather than speaking with animation. There is a zombie quality of the ventriloquist's dummy, which Bush only half-heartedly attempts to conceal.
THE TEXT:
TWILIGHT LANGUAGE KEY WORDS: stark reminder | nation at war | Islamic fascists | will use any means to destroy those of us who love freedom | this venture was excellent | there are people that still plot | people who want to harm us for what we believe in | we have given our officials the tools they need | we will take the steps necessary | we live in a dangerous world | our government will do everything we can | to protect our people | from ...dangers
DECRYPTION OF SUBLIMINAL MESSAGE: I repeat, we fascists are making war on Islam. We will use any means to destroy those who love freedom. This venture was excellent. We still plot to harm those who do not believe in us. Officials have the tools and will take the steps necessary to make the world we live in dangerous. Our rulers will do everything to protect officials from danger.
Copyright©2006 RevisionistHistory.org
President Bush Discusses Terror Plot Upon Arrival in Wisconsin
Austin Straubel International Airport Green Bay, Wisconsin
Link
For further research: SECRET SOCIETIES AND PSYCHOLOGICAL WARFARE
I am at War with Fascist Judaism
by One of the 7,000*
Statement of Michael Hoffman on President George W. Bush's declaration of war with a particular religion, "Islamic fascism"
Jesus Christ was not attacked by "Islamic fascists" but by the ideological heirs of today's rabbis. The modern creed of Orthodox Judaism is the same traditional Mishnaic religion as that of the ancient Pharisees who hounded, hunted, stoned and murdered Jesus Christ.
Today, rabbinic fascists are at war with God and all those who love Jesus. One of Judaism's seven "Noahide" laws for non-Judaics prescribes the death penalty for "idol worshippers." Adoration of Jesus Christ constitutes idol worship according to the highest legal authority in Judaism, the Mishneh Torah of Rabbi Moses Maimonides.
Islam is a Christian heresy, the most extreme of all such heresies, but it is still Christian, whereas Judaism is the declared enemy of Jesus Christ and has been since A.D. 33.
Bush is a member of the Judeo-masonic secret society known as Skull and Bones. As such, he is spiritually an appendage of Judaism and he will do the bidding of the rabbis in shedding blood and making war, so that counterfeit "Israel" may continue to plunder land and murder civilians without limit.
In declaring war on the religion of Islam on behalf of racist, murderous Judaism -- the world's most dictatorial, freedom-hating tyranny - Bush has unleashed the darkest demons from Gehanna onto planet earth.
The mad Judas in the White House has made certain that for which Ronald Reagan, George H.W. Bush Sr. and Bill Clinton laid the groundwork: war without end, and the transformation of America from a Christian Republic into a rabbinic dictatorship that will make Orwell's 1984 look like Mr. Rogers' neighborhood.
May all lovers of freedom continue in the God-ordained struggle against the Chief Priests and their modern heirs, the rabbis of fascist Orthodox Judaism.
To George W. Bush I declare, Caesar had his Brutus and Charles the First his Cromwell, and may you profit from their example.
We will have no King but Jesus!
Michael Hoffman
*One of the 7,000 of I Kings 19:18
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Christians in Pakistan Offer Memorial to Victims of Israeli Holocaust in Lebanon
Once Upon a Time...
by Michael A. Hoffman II
Once upon a time a dragon was burning cities to its north and committing mass murder on an unimaginable scale. Now this dragon had previously been able to present itself as a lovable curmudgeon, but when the creatures of the western forest saw in their magic mirrors the burned corpses and the cries of the women and children whom the dragon had incinerated, they began to doubt the dragon and question their support for him.
Now the dragon was more subtle of all creatures, and it cast a spell as follows, "British authorities said today that they had thwarted a terrorist plot to blow up multiple airliners traveling between Britain and the United States and cause mass murder on an unimaginable scale."
By the dragon's enchantment the attention of the forest creatures of the west was shifted from the real life victims of his fire, to the imaginary contours of his fairy tale, and thereafter the dragon breathed his fire with renewed vigor and impunity.
Copyright©2006 RevisionistHistory.org
Browse an extraordinary collection of Michael A. Hoffman's books, pamphlets, newsletters, speeches and films
Once upon a time a dragon was burning cities to its north and committing mass murder on an unimaginable scale. Now this dragon had previously been able to present itself as a lovable curmudgeon, but when the creatures of the western forest saw in their magic mirrors the burned corpses and the cries of the women and children whom the dragon had incinerated, they began to doubt the dragon and question their support for him.
Now the dragon was more subtle of all creatures, and it cast a spell as follows, "British authorities said today that they had thwarted a terrorist plot to blow up multiple airliners traveling between Britain and the United States and cause mass murder on an unimaginable scale."
By the dragon's enchantment the attention of the forest creatures of the west was shifted from the real life victims of his fire, to the imaginary contours of his fairy tale, and thereafter the dragon breathed his fire with renewed vigor and impunity.
Copyright©2006 RevisionistHistory.org
Browse an extraordinary collection of Michael A. Hoffman's books, pamphlets, newsletters, speeches and films
Tuesday, August 08, 2006
"Nazi Holocaust" Moralists Have No Compassion for Lebanese Victims of Israeli Terror
by Michael Hoffman
Increasingly we are seeing that those like Elie Wiesel, Steven Spielberg and Daniel Jonah Goldhagen, who wring political currency and moral mileage for the Israeli regime from perpetual "Nazi Holocaust" memorials, monuments, commemorations, classes and movies, are siding with Israeli absolutists, for whom the security of the Zionist state and the total depravity of Islam, are a priori doctrines contravening humanitarian concern for the civilian victims of indiscriminate Israeli bombings.
One of these frauds is Harvard University's Prof. Goldhagen, who can be found mouthing off in today's Los Angeles Times, espousing the Israeli tunnel vision --outrage and horror that anyone would want to destroy the Israeli entity -- even as Goldhagen calls for the destruction of the Islamic Republic of Iran. Judaic zealots are incapable of perceiving the hypocrisy of this "morality" of theirs, whose sole yardstick is the welfare of Judaics first.
Goldhagen, Wiesel, the New York Times and legions of others like them seek to confer blamelessness on the Israelis through perptual Nazi "Holocaust" obsession.
Talmudic racism and Zionist Judeo-racial supremacy are prevalent among those who have made a career out of hating and stigmatizing the Germans as hereditary "executioners," even as the accusers are complicit in the Israeli holocaust in Lebanon, going so far, as Goldhagen does, to urge an extension of that holocaust to Syria and Iran.
This tends to show that "Nazi Holocaust" propaganda is essentially a cynical exercise in generating further guilty solidarity with the Israeli war machine and its "moral capital" of dispossession and murder of indigenous Arabs.
Remember that fact the next time some "Holocaust Survivor" comes to your school or community. Ask them what they did to stop the Israeli holocaust against Lebanon. If they can't give a cogent answer, give them the bum's rush. These disgraceful Ku Klux Zionists use the suffering of the innocent during World War II, to prop up Israeli mass murder in our time.
The victims of World War II deserve spokesmen and representatives of integrity, who fight for all marginal, voiceless and oppressed people of any race or religion, rather than partisan bigots who see the world solely through Israeli eyes.
Those who seek to destroy the Islamic Republic of Iran while claiming that any similar ambition with regard to "Israel" is some kind of cosmic crime, expose a chauvinism that has strong parallels to Master Race ideology.
It's time to defy these sanctimonious "Holocaust" frauds in every forum where they presume to impose their Israeli jingoism.
Copyright ©2006 RevisionistHistory.org
Update:
SPIELBERG FOUNDATION TO DONATE $1 MILLION FOR ISRAELI RELIEF
Haaretz August 9, 2006 | The Associated Press
LOS ANGELES - A foundation created by filmmaker Steven Spielberg will donate $1 million to relief efforts in Israel as it battles with Hezbollah. The Righteous Persons Foundation will make an initial contribution of $250,000 to the Jewish Federation of Los Angeles Israel Crisis Fund. The foundation will then follow up with gifts to the New Israel Fund and other organizations that are providing relief to those evacuated from northern Israel, said Marvin Levy, foundation spokesman. The Jewish Foundation will use its donation to support emergency efforts for evacuated children, install shatterproof glass in Haifa's three hospitals and provide emergency assistance at the Nahariya hospital, he said. The New Israel Fund will use its donation to set up crisis hot lines and provide food and other emergency supplies to families in northern Israel, Levy said.
Browse an extraordinary collection of Michael A. Hoffman's books, pamphlets, newsletters, speeches and films: http://revisionisthistorystore.blogspot.com/2010/03/michael-hoffmans-online-revisionist.html
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Wednesday, August 02, 2006
NY Times Performs Damage Control for Israel and Lowers Qana Death Toll to 29

In an article ostensibly oozing sympathy for civilians in Lebanon, we caught the NY Times lowering the death toll for Sunday's Israeli massacre in Qana, to 29 (see the last sentence in the screenshot above, taken from the Times's website on the evening of Aug. 2 PDT).
Authorities in Lebanon have said that the death toll in Qana was at least 57-60, with dozens of children killed. But the newspaper of record is doing damage control for the Israeli killers by arbitrarily lowering the number of their victims.
How is the NY Times able, on Aug. 2, a mere three days after the bombing in Qana, to arrive at a total number of deaths at Qana at 29? The Times does not say "an estimated" 29. It fixes the figure at 29 without qualification or reference to its revisionist source. In other words, this is "history" by New York Times fiat. This is the zionist mentality.
Has the Times sent a forensics team to Qana?
Something similar happened twelve years ago, in the wake of Baruch Goldstein's massacre at the mosque in Hebron on Purim, 1994. The 40 Palestinians he killed magically became 29 in the US media, and that phony figure has been the official death toll in Goldstein's massacre ever since.
"...the Lebanese government and the Lebanese Red Cross said they had confirmed 57 deaths in the attack and they stood by their figures....'It's confirmed that there are 57 bodies,' said Elias Diab, an official in the Lebanese Red Cross operations room in Beirut. 'Twenty-seven of them are children." Chicago Tribune, Aug. 3, 2006.
The Israeli invasion of Lebanon "has killed more than 900 people and wounded 3,000, with a third of the casualties children under 12, Lebanese Prime Minister Fouad Siniora said in a video message to the Organization of the Islamic Conference in Malaysia." [Reuters, Aug. 3. 8:33 a.m. EDT].
Copyright ©2006 RevisionistHistory.org
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Tuesday, August 01, 2006
Christians and Qana
Qana is believed to be the site of the Miracle of Cana. 2006 years ago Jesus turned water into wine at a wedding, in the very same place that the Israelis turned 37 children into corpses on Sunday.
"Four out of five Lebanese Christians support Hezbollah in the current conflict, according to a poll conducted last week by the independent Beirut Center for Research and Information." (Jefferson Morley, Washington Post, Aug. 1, 2006).
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All for the Dollar: While Lebanon burns, Saudis Launder Billions for Bush
by Ahmed Amr
Behind Condi Rice's cult-like smile, lurks a crazed neo-con fanatic immersed in apocalyptic fantasies. It remains to be seen just how many Lebanese mothers will lose their babies while she entertains her demonic hallucinations...Not to be outdone, the demented war criminal who pollutes the corridors of the White House has vetoed UN cease-fire resolutions and derailed an Italian effort to end the hostilities in Lebanon. To assure the success of his war-mongering obstructionist policies, Bush dispatched Paul Wolfowitz to the gathering in Rome. Just to rub it in, the architect of the Iraqi war was all smiles as he pressed a handshake on the visibly distraught Lebanese Prime Minister.
As Karl Rove will tell you, the path to victory in November depends on rallying the Armageddon-worshipping, end of time Protestants who drool every time a Palestinian or Lebanese family is blown to smithereens. In their estimate, every crisis in the Middle East brings us one step closer to the rupture. Pray for the end of times and pass the ammunition.
Given their dismal poll numbers, Bush and the Republicans can hardly afford to alienate Israel’s amen corner at the New York Times. Neither can the Democrats afford to lose the affections of militant Likudnik operatives at CNN and FOX. Until the polls close in November, both parties will be competing to determine who can best lick the boots of Ehud Olmert.
In America, Israel is a domestic affair. The ethnic Zionist lobby gets what it wants or sets off brigades of media hyenas to eat the raw flesh of any politician who displays squeamishness about wasting Arab lives. Witness the ‘anti-war’ Howard Dean accusing anyone opposing Israeli war crimes of ‘anti-semitism.’ He can’t have forgotten that he lost his White House bid when he called for a more ‘even-handed’ foreign policy in the Middle East. As chairman of the Democrat leadership, he seems to be applying the valuable lesson learned on his ill-fated campaign – don’t mess with the Israeli lobby ninety days before a mid-term election.
Some Arab-Americans still entertain silly notions about changing the minds of their congressmen by explaining the other side of the story. Fat chance. One hundred Senators gave unequivocal support to Israel. Under normal circumstances, you can’t line up that many Senators to support their own children. True enough, you can always find the occasional Senator willing to express concern about war crimes committed by US marines. But when it comes to Israel, they all studiously avert their eyes from the deliberate targeting of civilians and the systematic destruction of vital infrastructure.
The Israelis can nuke the entire Middle East and still have the audacity to bill the American government for the cost of the operation. Any dissenting Senator can and will be taken to the shed for re-education sessions – but not before getting a campaign crippling lashing from Israel’s spiritual brethren who toil in the mass media monopolies.
Every member of our parliament of whores has innocent Palestinian and Lebanese blood on their hands. By giving their unconditional blessings to the mayhem in Lebanon, the Senate was just making the obvious point that no Arab child is safe while the U.S. Congress is in session.
Of the many actors responsible for this blood bath, the Israelis are perhaps the easiest to understand. They never had a need for fig leaves to begin with. As far as Tel Aviv is concerned, this is just an exercise in low intensity warfare. The Israelis simply do whatever they can get away with. Without ever bothering to charge them, Israel can hold thousands of Palestinian and Lebanese civilians prisoner. But if the other side decides to detain a few soldiers, Lebanon and Gaza can be incinerated. In exercising the ‘right to defend itself’, Israel reserves the privilege to indiscriminately carpet bomb South Lebanon with guided missiles and cluster bombs. And America gets to replenish Israel’s arsenal.
The newest Israeli rule is that all the fighting, killing, abductions and mass destruction can only take place in designated ‘Arab’ areas. The Israeli army can murder, maim and terrorize anyone on the other side of the Green Line or the Blue Line. In fact, they can cross any red line they want and commit any war crime that satiates their appetite for brutalizing their subjects. And to engrave that rule in stone, Tel Aviv has secured a permanent American license to use collective punishment measures up to and extending to starvation and the systematic destruction of vital infrastructure. Any resistance to Israeli unilateral measures is considered the work of terrorists. Any questions?
As for the United Nations and ‘Coffin’ Annan, they have become nothing more than an annex of the State Department. Following in the footsteps of his son, Annan is not the kind of man to refuse a lucrative offer – like killing the investigation of how his first born looted Iraqi oil revenues. He has presided over the gutting of the world organization to the point where the UN is now merely another tool of convenience in the arsenal of the Bush administration.
To their credit, some European nations – notably France and Italy – have used their limited influence to bring the hostilities in Lebanon to an end. But, the Bush administration had no problem circumventing these efforts. For an American politician, Israel is more important than the entire continent of Europe.
Moving on to Egypt - a country that no longer matters. Does it really make a difference that 99% of Egyptians are against the war in Iraq and the fire bombing of South Lebanon? The Egyptian government granted a tacit endorsement of Israeli aggression against Lebanon. Both Hamas and Hezbollah are seen as extensions of the Muslim Brotherhood – the only real domestic opposition to the Mubarak regime. As they say in this corner of the planet, the enemy of my enemy is my friend.
As always, the real Arab elephant in the room is the House of El Saud and its allies in the surrounding oil sheikdoms. Why exactly did the influential Gulf monarchs decide to cast their lot with Tel Aviv? Here we are at peak oil. Petro dollars are flowing by the tens of billions into Gulf coffers. And Saudi Arabia drops its last fig leaf and demonstrates to one and all that it has struck an alliance of convenience with Israel and given the Israeli war machine a green light to ravage Arabs in Lebanon and Gaza.
On the face of it, it doesn’t make much sense. The one Arab country that has the leverage to shelter the region from American-financed Israeli mass murder decides to publicly turn on its own people. And King Abdallah has announced that he will pick up the bill for some of the damage inflicted by the Israeli bombings. Israelis bomb. Saudis pay. Such a deal.
Unfortunately, for all their wealth, the Saudis have yet to perfect a way to bring back the dead or reattach missing Lebanese limbs. For the Saudis, the Lebanese and Palestinians are ‘throw away’ people. All this nonsense about Arab solidarity is merely a circus act to shore up the legitimacy of the kleptocrats in the Gulf.
We may never know the precise nature of the secret Saudi agreements with the United States and Israel. In this case, the Saudis probably signed on to fight a proxy war with Iran – which is seen as the sponsor of Hezbollah. The Saudis are experts at proxy wars – having supported and financed Saddam’s war against Iran – a conflict that lasted eight long years and cost a million lives on both sides. They participated with gusto in the systematic decimation of the secular Arab national movement. It’s no secret that the Saudi monarchy was elated at the outcome of the six-day war – hoping it would bring down Nasser’s regime. And the Kingdom’s role in the first and second Gulf war is a matter of public record.
Still, it’s worth taking a guess as to why the oil monarchies went public with their support for Israel’s plan to bomb Lebanon into rubble. Perhaps the Bush administration promised to dampen the influence of Iranian-backed militias in Iraq. Can it be a mere coincidence that Washington is suddenly increasing its troop levels in Baghdad and taking on Moqtada Sadr’s militias? Did the Saudis strike a bargain to increase Israeli influence in Lebanon in exchange for a decrease of Iranian influence in Iraq?
Any proxy war against the government in Tehran always finds ready support on the Arab side of the Gulf. As administration insiders have already hinted, ‘the new Middle East’ will revolve around Saudi leadership of the Arab camp with a supporting cast that includes Egypt and Jordan. It’s doesn’t seem to matter that the Saudi regime is not exactly a brilliant model of democratic evolution in the region.
It matters not that Israeli guns are now battering the two most democratic governments in the Arab Middle East – the popularly-elected leaders of Lebanon and the Palestinian authority. All Bush's talk of democracy is nothing but a marketing campaign for domestic American consumption. The Arab intellectuals taken in by this neo-con ruse need to start taking commonsense supplements on a regular basis.
To harness this moment of clarity, it is essential to understand that America’s invasion of Iraq needs to be divorced from the Likudnik fantasies of reshuffling the Levant to suit Israel’s expansionist whims. At the end of the day, America’s military entanglements in the Gulf are a service performed for the richest families in the history of the world. Far from supporting democracy, the grunts in Iraq are there as a mercenary expedition to protect the absolute monarchs who act as custodians of the oil plantations. When it comes to wagging the tail of the American dog, Saudi Arabia and the Israelis get equal opportunity access.
Saudi Arabia and their Gulf allies are major partners in American-Israeli ventures. Most astute observers know that King Abdallah can permanently end all foreign military adventures in the region without firing a single shot. Every last American soldier would be home for Christmas if the oil sheikdoms stopped taking dollars in exchange for their oil.
No oil cut off is required. If the Arabs just stopped accepting American currency – the dramatic effect on world economies would lead to major realignments that neutralized American influence in the region. The economic rationale for the American Empire would dissipate into thin air. Washington would pressure Israel to implement resolution 242 in the same manner that it is squeezing Lebanon to implement resolution 1559.
Of course, King Abdallah and his ruling clan are fully aware of this. While they feign impotence, they retain immense leverage over developments in the region. It’s not about their lack of ability to influence events in Lebanon. Rather, it is because the Saudis have other priorities – like smuggling oil revenues denominated in petro-dollars to American and European capital markets.
The business of the House of Saud is money laundering on an epic scale.The business of America is currency exporting. Together, the Saudis and Americans impose the dollar as an international currency that accounts for eighty per cent of all international transactions. This allows the United States the luxury of running huge trade deficits by obliging other countries to maintain huge reserves of the only currency the Saudis accept in exchange for their black gold – the American dollar.
The Saudi support for the devastating Israeli assaults on Lebanon and Gaza is nothing more than a political transaction to maintain their lucrative money-laundering franchise. Lebanese and Palestinian civilians need to understand that this is not personal. It’s just the way the Saudis do business.
For years, Saudi sponsored media outlets have propagated an image of a benevolent regime that defends the faithful against foreign crusaders. Most recently, the Saudis regime took a high profile role in confronting the insolent Danish publication that insulted the prophet. They went so far as to recall their ambassador. But here we are – a few short months later – and the Saudis are making nice with the American-financed Israeli campaign to dismantle Lebanon and enforce the “Condi/Weisglass” accord – the secret agreement that will allow Olmert’s government to annex half of the West Bank.
The key to Arab salvation is in passive resistance to American-Israeli designs on the region. Unfortunately, that key is locked away in the House of Saud. All Arab intellectuals need to harness their efforts to open a public debate to help explain why the Saudis are feigning impotence while Lebanon and Gaza are being mercilessly torched.
To effect a full disclosure of Saudi rationales for supporting the invasion of Iraq and Lebanon, we need to understand and propagate the nature of the American imperial project in the Gulf and the full extent of the Saudi money-laundering racket. Once the average citizen in the Middle East and the US understands that this is a war to protect the almighty dollar – we can call on people of good will around the world to dump that blood soaked currency. The onus will then fall on the House of Saud to explain why they will not participate in a straightforward dollar boycott to defend their ‘Arab brothers.’
Of course, Arab intellectuals can always revert to their old habits of taking inventory of how many innocent women and children are being slaughtered. They can continue to document the vicious destruction of infrastructure and make a fuss about collective punishment and American double standards. There will still be those Arab-Americans who will continue to bang their heads on the wall and waste endless efforts in letter-writing campaigns to convince a single senator that Palestinians and Lebanese are part of the human race.
Forget all that. George Bush doesn’t care about Arabs – unless they have deep Saudi pockets. It’s a waste of time to appeal to non-existent American compassion. And it’s a pipe dream to expect a sudden moral awakening among the policy makers in Washington. You can parcel post a dismembered Lebanese or Palestinian child to the homes of every Senator in Washington and still be met with a blank stare. One of the qualifications for career advancement at the State Department is to demonstrate complete indifference to the death and mutilation of innocent Arabs. That’s just the way America is, and Arabs – especially Arab-Americans – should stop deluding themselves about what makes Washington tick.
So, what to do now that all the fig leaves have fallen? Gather them and burn them with the dollar.
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