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Gilbert drew attention to the fact that the overflowing hospital did not have enough supplies to treat all of its patients, and censured the international community for doing nothing to assist them. Israel would not let in foreign doctors, and yet Palestinians were “dying waiting for surgery.” “This is a complete disaster,” he remarked, calling it “the worst man-made disaster” he could think of. “There are injuries you just don’t want to see in this world.” Operation Protective Edge In 2008 and 2009, Gilbert treated Palestinians who had been grievously wounded by Israel’s use of experimental and illegal chemical weapons, including white phosphorous, dense inert metal explosives (DIME) munitions, and flechette shells. In July 2014, in the midst of Israel’s most recent attack on Gaza, Gilbert spoke with Electronic Intifada, revealing that he saw indications of renewed use of DIME weapons and flechettes. While volunteering in Shifa hospital, Gaza’s principal medical facility, Gilbert penned an open letter, lamenting the unspeakable horrors the Israeli military was instigating.

Before Operation Protective Edge commenced in early July 2014, Gilbert toured medical and health facilities and individual homes in Gaza, researching for a United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) report on the dire state of the strip’s health sector. He wrote of “overstretched” health facilities, widespread physical and psychological trauma, “a deep financial crisis,” a lack of needed medical supplies, and a “severe energy crisis.” He also noted the “devastating results of the blockade imposed by the Government of Israel,” with rampant poverty, a 38.5% unemployment rate, food insecurity in at least 57% of households, and inadequate access to clean water. All of these already extreme ills were only exacerbated by the July-August Israeli assault on Gaza, an onslaught that left roughly 2,200 Palestinians dead, including over 1,500 civilians, more than 500 of whom were children. Gilbert is not the only one Israel has recently prevented from entering Gaza. In August, just after the end of its military assault, Israel refused to allow Amnesty International and Human Rights Watch, the world’s leading human rights organizations, from entering the strip, impeding them from conducting war crimes investigations. The organizations had been requesting access for over a month, before Israel had even begun its ground invasion of Gaza, yet were continuously prevented from doing so, Israeli journalist Amira Hass reported in Haaretz, “using various bureaucratic excuses.”

Other aid workers and medical professionals have faced even worse consequences for volunteering to help Palestinians. In August, Israeli occupation forces killed a social worker. In the same month, as the Israeli military engaged in a campaign to target and openly murder Palestinian civilians who spoke Hebrew, Israeli forces assassinated volunteers working with the Palestine Red Crescent, a non-profit humanitarian organization, part of the International Red Cross and Red Crescent Movement. A common myth suggests that Israel ended its occupation of Gaza with its 2005 disengagement. The state’s ability to ban, and even kill, internationally recognized human rights organizations and doctors—not to mention food,construction equipment, and medical supplies—from entering Palestinian territory, however, demonstrates that Gaza is by no means autonomous. Israel’s siege of the strip is clearly a continuation of its 47-year-long illegal military occupation. As legal scholar Noura Erakat explains

Despite removing 8,000 settlers and the military infrastructure that protected their illegal presence, Israel maintained effective control of the Gaza Strip and thus remains the occupying power as defined by Article 47 of the Hague Regulations. To date, Israel maintains control of the territory’s air space, territorial waters, electromagnetic sphere, population registry and the movement of all goods and people. … Palestinians have yet to experience a day of self-governance. Israel immediately imposed a siege upon the Gaza Strip when Hamas won parliamentary elections in January 2006 and tightened it severely when Hamas routed Fatah in June 2007. The siege has created a “humanitarian catastrophe” in the Gaza Strip. Inhabitants will not be able to access clean water, electricity or tend to even the most urgent medical needs. The World Health Organization explains that the Gaza Strip will be unlivable by 2020. Not only did Israel not end its occupation, it has created a situation in which Palestinians cannot survive in the long-term.

In a late October discussion with the Daily Targum, Gilbert encouraged Americans to do what they can to speak out against Israel’s illegal occupation and blockade of the Palestinian territories, and to pressure their government to stop its indefatigable support for Israeli crimes. At present, the US provides Israel with over 3.1$ billion of military aid per year. In the past 52 years, over $100 billion US tax dollars have been given to the country in military aid alone. “You are the change-makers,” Gilbert told American readers. “The key to the change when it comes to the occupation of Palestine lies in the United States.” “Solidarity, not pity,” he said, is the solution.

The statement also points to Israel’s deliberate destruction of the homes of thousands of people and Israel’s practice of giving “warnings” either in the form of smaller projectiles fired at a building, or via text message or telephone. Despite such warnings, “it remains illegal to willfully attack a civilian home without a demonstration of military necessity as it amounts to a violation of the principle of proportionality,” the experts say.

“Not only are these ‘warnings’ generally ineffective, and can even result in further fatalities,”the statement notes, “they appear to be a pre-fabricated excuse by Israel to portray people who remain in their homes as ‘human shields.’” “Israel’s illegal policy of absolute closure imposed on the Gaza Strip has relentlessly continued, under the complicit gaze of the international community of States,” the statement says. The statement also denounces “the launch of rockets from the Gaza Strip, as every indiscriminate attack against civilians, regardless of the identity of the perpetrators, is not only illegal under international law but also morally intolerable.”

“However,” it adds, “the two parties to the conflict cannot be considered equal, and their actions – once again – appear to be of incomparable magnitude.”

Calling for accountability, the statement blames “several UN Member States and the UN” for pressuring de facto Palestinian Authority leader Mahmoud Abbas not to seek “recourse to the International Criminal Court (ICC).” The statement calls on “the Governmental leaders of Palestine” – presumably a reference to Abbas – to ratify the ICC treaty.

It also urges the UN Security Council to “exercise its responsibilities in relation to peace and justice by referring the situation in Palestine to the Prosecutor of the ICC” – an action that would require the support of veto-wielding countries such as the US, France and UK, all of which have defended Israel’s assault on Gaza. The full statement and list of signers follow.

Kerry’s hot-microphone comments reflect the shock among U.S. observers at the scale and lethality of the Israeli bombardment. “Eleven battalions of IDF artillery is equivalent to the artillery we deploy to support two divisions of U.S. infantry,” a senior Pentagon officer with access to the daily briefings said. “That’s a massive amount of firepower, and it’s absolutely deadly.” Another officer, a retired artillery commander who served in Iraq, said the Pentagon’s assessment might well have underestimated the firepower the IDF brought to bear on Shujaiya. “This is the equivalent of the artillery we deploy to support a full corps,” he said. “It’s just a huge number of weapons.” Artillery pieces used during the operation included a mix of Soltam M71 guns and U.S.-manufactured Paladin M109s (a 155-mm howitzer), each of which can fire three shells per minute. “The only possible reason for doing that is to kill a lot of people in as short a period of time as possible,” said the senior U.S. military officer. “It’s not mowing the lawn,” he added, referring to a popular IDF term for periodic military operations against Hamas in Gaza. “It’s removing the topsoil.” “Holy bejeezus,” exclaimed retired Lt. Gen. Robert Gard when told the numbers of artillery pieces and rounds fired during the July 21 action. “That rate of fire over that period of time is astonishing. If the figures are even half right, Israel’s response was absolutely disproportionate.” A West Point graduate who is a veteran of two wars and is the chairman of the Center for Arms Control and Non-Proliferation in Washington, D.C., he added that even if Israeli artillery units fired guided munitions, it would have made little difference.

Senior U.S. officers who are familiar with the battle and Israeli artillery operations, which are modeled on U.S. doctrine, assessed that, given that rate of artillery fire into Shujaiya, IDF commanders were not precisely targeting Palestinian military formations as much as laying down an indiscriminate barrage aimed at cratering the neighborhood. The cratering operation was designed to collapse the Hamas tunnels discovered when IDF ground units came under fire in the neighborhood. Initially, said the senior Pentagon officer, Israel’s artillery used “suppressing fire to protect their forward units but then poured in everything they had, in a kind of walking barrage. Suppressing fire is perfectly defensible. A walking barrage isn’t.” That the Israelis explained the civilian casualty toll by saying the neighborhood’s noncombatant population had been ordered to stay in their homes and were used as human shields by Hamas reinforced the belief among some senior U.S. officers that artillery fire into Shujaiya was indiscriminate.  “Listen, we know what it’s like to kill civilians in war,” said the senior U.S. officer. “Hell, we even put it on the front pages. We call it collateral damage. We absolutely try to minimize it, because we know it turns people against you. Killing civilians is a sure prescription for defeat. But that’s not what the IDF did in Shujaiya on July 21. Human shields? C’mon, just own up to it.”

Although Jerusalem-based officials cancelled the meeting – and subsequently decided not to recommend the IDF’s inclusion on the list – the UN complained to Israel over the intimidation of its staff. Susana Malcorra – a high-ranking official in the New York office of the UN secretary general, Ban Ki-moon – raised the issue in a private letter to Israel’s ambassador to the UN, Ron Prosor. The UN in New York said it could not comment on leaked documents. The telephone calls were made to June Kunugi, Unicef’s special representative to Palestine and Israel, on 12 February, the night before a meeting to decide whether to recommend the IDF’s inclusion on the list. One call was from a senior figure in Cogat, the Israeli government body that coordinates between the IDF, the Palestinian Authority and the international community; the other was made by an official in Israel’s foreign ministry.

ccording to UN and NGO sources, Kunugi was advised to cancel the meeting or face serious consequences. However, Israeli sources described the telephone conversations as friendly and courteous attempts to persuade Kunugi to delay the working group’s decision on its recommendation regarding the IDF until Israel had been allowed to present its case on the issue. At 8.54am the next morning, an email was sent on behalf of James Rawley, a senior official with UNSCO (the office of the UN special coordinator for the Middle East peace process) who had called the meeting, to participants. It said: “Please be informed that today’s meeting scheduled at 13:00hrs has been postponed. Sincere apologies for the inconvenience this may have caused.” A joint statement to the Guardian from Kunugi and Rawley said the “strictly confidential process” of determining inclusion on the list was still ongoing and was the “prerogative of the UN secretary general, and it rests with him alone”. The UN in Jerusalem was unable to comment on the process, it added, but the submission from Jerusalem to New York was “based on verified facts, not influenced by any member state or other entity”.

Unicef has called a fresh meeting to update UN and NGO officials in Jerusalem on Thursday. The decision on which state and non-state armed forces are to be included on the list will be taken by UN chiefs in New York next month. However, according to the UN source, “a political decision has already been taken not to include Israel”.

A separate source told the Guardian: “The UN caved to Israel’s political pressure and took a highly contentious step to shelter Israel from accountability.” The list of violators of children’s rights is contained in the annex of the annual report of the secretary general on children and armed conflict. A “monitoring and reporting mechanism”, established by a UN security council resolution, supplies information on grave violations of children’s rights, such as killing and maiming, recruitment of minors into armed forces, attacks on schools, rape, abduction, and denial of humanitarian access to children. The secretary general is required to list armed forces or armed groups responsible for such actions. Following last summer’s seven-week war in Gaza, a number of UN agencies and NGOs met to consider whether to recommend the IDF’s inclusion on the list. According to insiders, participants “agreed there is a strong and credible case to recommend listing”.

A 13-page internal Unicef paper seen by the Guardian examined the case for the IDF to be listed on the basis of its actions in last summer’s war in Gaza, including the killing and injuring of children, and “targeted and indiscriminate” attacks on schools and hospitals. Several of the working group’s participants wrote to the UN secretary general to urge the inclusion of the IDF on the list. A letter sent in December by Defence for Children International (Palestine) said: “There is ample evidence to demonstrate that Israel’s armed forces have committed acts that amount to the grave violations against children during armed conflict, as defined by UN security council resolutions, including killing or maiming children and attacks against schools and hospitals.” The Israeli ministry of foreign affairs and Cogat declined to answer specific questions about the phone calls to Kunugi, but said in a joint statement: “Israel has a good working relationship with Unicef and the United Nations in general. Israel has no desire to get into a slanging match with anti-Israel elements nor to submit to their intimidations.”

Ynet cited figures from the Israel Hotel Association for the first quarter of this year pointing to a 28 percent drop in tourist stays, with some areas including the Red Sea resort of Eilat – heavily marketed as a seaside destination for Europeans – seeing a 51 percent decline. The report quoted one tour operator saying he didn’t expect matters to improve next year. “We are only left with the pilgrims and Jewish tourists,” the tour operator complained, adding that Christian religious tourists spent most of their time in the Palestinian city of Bethlehem in the occupied West Bank.

Dozens of members of the Chicago Palestinian community and solidarity activists rallied outside the Chicago Hilton with banners and called out slogans against Israel’s massacre in Gaza. Here’s a brief video of the scene:

Bill Chambers reported on some of the rally speeches in The Chicago Monitor: Outside multiple speakers emphasized the injustice of the continued assault on Gaza. Nashisha Alam from SJP-Chicago said “While they sip cocktails and raise funds for war criminals, we are here supporting the people of Palestine…They are inside listening to Michael Oren trying to justify the killing of civilians.” Kait McIntyre from the Chicago Anti-War Committee and one of the activists arrested during a recent sit-in at Boeing headquarters described the outrage that “in Chicago with the largest Palestinian community in the country, Boeing is providing weapons to Israel to kill Palestinians in Gaza.”

Military occupation is a recognized status under international law and since 1967, the international community has designated the West Bank and the Gaza Strip as militarily occupied. As long as the occupation continues, Israel has the right to protect itself and its citizens from attacks by Palestinians who reside in the occupied territories. However, Israel also has a duty to maintain law and order, also known as “normal life,” within territory it occupies. This obligation includes not only ensuring but prioritizing the security and well-being of the occupied population. That responsibility and those duties are enumerated in Occupation Law.  Occupation Law is part of the laws of armed conflict; it contemplates military occupation as an outcome of war and enumerates the duties of an occupying power until the peace is restored and the occupation ends. To fulfill its duties, the occupying power is afforded the right to use police powers, or the force permissible for law enforcement purposes. As put by the U.S. Military Tribunal during the Hostages Trial (The United States of America vs. Wilhelm List, et al.)

When It Is Just to Begin to Fight  The laws of armed conflict are found primarily in the Hague Regulations of 1907, the Four Geneva Conventions of 1949, and their Additional Protocols I and II of 1977. This body of law is based on a crude balance between humanitarian concerns on the one hand and military advantage and necessity on the other. The post-World War II Nuremberg trials defined military exigency as permission to expend “any amount and kind of force to compel the complete submission of the enemy…” so long as the destruction of life and property is not done for revenge or a lust to kill. Thus, the permissible use of force during war, while expansive, is not unlimited.  In international law, self-defense is the legal justification for a state to initiate the use of armed force and to declare war. This is referred to as jus ad bellum—meaning “when it is just to begin to fight.” The right to fight in self-defense is distinguished from jus in bello, the principles and laws regulating the means and methods of warfare itself. Jus ad bellum aims to limit the initiation of the use of armed force in accordance with United Nations Charter Article 2(4); its sole justification, found in Article 51, is in response to an armed attack (or an imminent threat of one in accordance with customary law on the matter). The only other lawful way to begin a war, according to Article 51, is with Security Council sanction, an option reserved—in principle, at least—for the defense or restoration of international peace and security.

Once armed conflict is initiated, and irrespective of the reason or legitimacy of such conflict, the jus in bello legal framework is triggered. Therefore, where an occupation already is in place, the right to initiate militarized force in response to an armed attack, as opposed to police force to restore order, is not a remedy available to the occupying state. The beginning of a military occupation marks the triumph of one belligerent over another. In the case of Israel, its occupation of the West Bank, the Gaza Strip, the Golan Heights, and the Sinai in 1967 marked a military victory against Arab belligerents.  Occupation Law prohibits an occupying power from initiating armed force against its occupied territory. By mere virtue of the existence of military occupation, an armed attack, including one consistent with the UN Charter, has already occurred and been concluded. Therefore the right of self-defense in international law is, by definition since 1967, not available to Israel with respect to its dealings with real or perceived threats emanating from the West Bank and Gaza Strip population. To achieve its security goals, Israel can resort to no more than the police powers, or the exceptional use of militarized force, vested in it by IHL. This is not to say that Israel cannot defend itself—but those defensive measures can neither take the form of warfare nor be justified as self-defense in international law. As explained by Ian Scobbie:  

To equate the two is simply to confuse the legal with the linguistic denotation of the term ”defense.“ Just as ”negligence,“ in law, does not mean ”carelessness” but, rather, refers to an elaborate doctrinal structure, so ”self-defense” refers to a complex doctrine that has a much more restricted scope than ordinary notions of ”defense.“  To argue that Israel is employing legitimate “self-defense” when it militarily attacks Gaza affords the occupying power the right to use both police and military force in occupied territory. An occupying power cannot justify military force as self-defense in territory for which it is responsible as the occupant. The problem is that Israel has never regulated its own behavior in the West Bank and Gaza as in accordance with Occupation Law. 

Noura Erakat

“The United States has been trying to broker peace in the Middle East for the past 20 years,” wrote the liberal commentator Kevin Drum in Mother Jones, last Tuesday. The following day, CNN reported that the Obama administration ”agreed to Israel’s request to resupply it with several types of ammunition … Among the items being bought are 120mm mortar rounds and 40mm ammunition for grenade launchers.” The new Snowden documents illustrate a crucial fact: Israeli aggression would be impossible without the constant, lavish support and protection of the U.S. government, which is anything but a neutral, peace-brokering party in these attacks. And the relationship between the NSA and its partners on the one hand, and the Israeli spying agency on the other, is at the center of that enabling.