Group items tagged

B’Tselem says that years of working within the system have given the organization an intimate familiarity and understanding of why it fails. Their report reveals an internal process whose default is to absolve military actions, and which is further legitimized by a civilian system that keeps the military insulated from any intervention. Israel has established multiple commissions to make recommendations for improving the investigative system. But even these, B’Tselem writes, just end up shielding the army from accountability. “Report after report, committee after committee, the discourse in itself creates the illusion of movement toward changing and improving the system,” the report states. “This illusory movement allows officials both inside and outside the system to make statements about the importance of the stated goal of enforcing the law on soldiers, while the substantive failures remain as they were and most cases continue to be closed with no measures taken.” This is the fig leaf which B’Tselem is now stripping away. At home and abroad, Israeli officials have pointed to their military law enforcement system as evidence of their military’s higher ethics and values.

University spokesperson Bill Burton told The Electronic Intifada that the matter is under investigation and had no further comment. Saadeh said that although the death threat is frightening and is being taken seriously, SJP members will not stop organizing. “They’re not going to shut us up with this,” she said. She said that students have created ways to protect each other on campus, such as making sure members of SJP do not have to walk alone to class, or sit alone at the library.

Mogtaderi told The Electronic Intifada that when he filed a report, campus police blamed him for “escalating the situation” and claimed that he could have avoided being assaulted if he hadn’t argued with the assailant. He added that campus police insist they cannot find the assailant and have not contacted Mogtaderi for additional information. UC Santa Barbara told The Electronic Intifada that the matter is being investigated. “There are so many stories around the country [of attempts] to try and silence people as much as possible,” Mogtaderi said. “My voice won’t be silenced, nor will the voices of other SJPers.”

Palestine Legal stated last week that it has responded to more than 35 campus incidents over the last month. “The pattern persists: with a rise in activism comes a rise in suppression,” the group said. Flush with new injections of cash, Israel-aligned organizations are stepping up their efforts to smear and intimidate students involved in Palestine activism. Palestine Legal says it has responded to more than 300 incidents of “censorship, punishment, or other burdening of advocacy” reported by Palestine solidarity activists on more than 65 US campuses in the last 18 months. The legal group calls on university administrations to protect the speech rights and physical safety of students who speak out in favor of Palestinian rights.

“The court argued that an arrest warrant had become necessary for the legal procedure as the defendants had neither attended the trial nor responded to an invitation sent to them through the related department of the Turkish justice ministry,” reported Turkish daily Hurriyet on 30 May. The Turkish humanitarian group IHH (Humanitarian Relief Foundation), which sponsored and helped organize the aid flotilla in 2010 and has been helping to represent the families of those killed, stated in a press release last week that the ruling was a “positive outcome” for the relatives and loved ones of the ten Turkish citizens who were killed by Israeli attacks. Last year, as The Electronic Intifada reported, the prosecutor of Spain’s national court formally requested a judge to begin steps to refer a case against Israeli leaders for the attack to the International Criminal Court (ICC). Three Spanish citizens, Manuel Tapial, Laura Arau and David Segarra, were aboard the Mavi Marmara when it was attacked and commandeered. Tapial, Arau and Segarra filed the case against Israeli Prime Minister Benjamin Netanyahu, six ministers and Vice Admiral Eliezer Marom of the Israeli navy who led the attack.

However, we are optimistic, because Turkey is a democratic country. It is part of and is a signatory to the European extradition convention and signed to Interpol, and therefore all other countries who are also signatories to these conventions and institution have an obligation to indeed arrest these Israeli officials for whom the arrest warrants were issued. So we have to trust [this] and we have to keep our faith in this. And we also know that — remember that this trial started way back in 2012 — the Israeli soldiers wouldn’t travel around too much, especially not go to Turkey. We know that Israeli soldiers were complaining about this. For instance, there was a case of an Israeli soldier who filed a claim against the State of Israel because he wanted to study in the United States, but because he took part in this operation he could not set foot out of Israel. So because we know this, we are quite optimistic about the arrest warrants, that they will be in fact implemented by other countries.

NBF: Finally, what’s next in this case on behalf of now ten victims of Israel’s raid, how are you pushing forward in this case? RY: In December, there is going to be another hearing, and we’re just going to make sure that the entire world will know about this arrest warrant, that we will follow whether any of these four defendants steps foot outside of Israel. We have lawyers in different countries also working together, and in South Africa, in the UK, many, many countries more — they will also closely follow whether these four defendants will travel in these countries. And then if this is the case, we will immediately take action and make sure that if the country in which one of the four defendants steps foot refuses, or neglects to fulfill its obligation to arrest [the defendant], then we will make sure that that country will not get away with it. And we will push for it, and publicize this as much as we can.

In September 2010, a United Nations fact-finding mission found that Doğan was not killed instantly, but was “lying on the deck in a conscious, or semi-conscious, state for some time.” In 2013, the International Criminal Court prosecutor conducted a preliminary investigation and found that “there is a reasonable basis to believe that war crimes … were committed on one of the vessels, the Mavi Marmara.” While the prosecutor declined to open a formal investigation, an appeal is currently being considered.

Past attempts to sue Israeli leaders have failed to move forward in US courts because of legislation barring lawsuits against foreign states. But Dan Stormer, one of the lawyers representing the Doğan family, told The Electronic Intifada that because Barak is not currently a head of state, he no longer enjoys that protection.

The legal team representing Doğan’s parents also includes Geoffrey Nice, who helped prosecute former Serbian President Slobodan Milošević in The Hague, and Rodney Dixon, an international human rights lawyer.

Also today, Jewish Voice for Peace (JVP) released a 79-page report, “Stifling Dissent: How Israel’s Defenders Use False Charges of Anti-Semitism to Limit the Debate over Israel on Campus.” It lays out in detail the methods that Israel lobby groups use to stifle debate about Palestine. It also includes numerous case studies and accounts of employment discrimination against US professors who have been targeted for their political views on Israel. Tallie Ben-Daniel, academic advisory council coordinator for JVP, told The Electronic Intifada that the report grew out of concerns over “the climate of repression” around speech critical of Israel, especially following Salaita’s firing.

Ben-Daniel said that young Jews “are more critical of Israeli state policy than ever before, and are building coalitions through their Palestine solidarity work — and yet are silenced by the very organizations that are supposed to represent them on campus.” One section of JVP’s report “details how Jewish students are subjected to a political litmus test on Israel in order to participate in Jewish institutional life on campus.” Organizations such as Hillel, JVP points out, demand that their members abide by guidelines which prohibit co-sponsoring or supporting events of speakers who are critical of Israeli policies and who support the Palestinian-led boycott, divestment and sanctions (BDS) campaign. Ben-Daniel added that JVP’s report “only tallies the cases that gained national attention — there are innumerable more Jewish students who in all probability do not participate in institutional Jewish campus life because of this litmus test.” JVP says that the report is meant to educate and provide resources to students and faculty alike who may be facing repression or silencing on campus and in classrooms.

At this year’s assembly, Loepp observed no such visible organized opposition. At the same time, grassroots organizers from the US Campaign to End the Israeli Occupation joined Isaiah 58 and allies from the Israel Palestine Mission Network of the Presbyterian Church (USA), American Friends Service Committee, Friends of Sabeel North America, New Orleans Palestinian Solidarity Committee and Jewish Voice for Peace to support the resolutions.

These include that Bensouda “wilfully ignored” evidence submitted by Comoros that Israeli forces “fired live ammunition from the boats and the helicopters before the [Israeli forces] forces boarded the Mavi Marmara.” This information was supplemented by the UN Human Rights Council fact-finding mission and autopsy reports, which, according to the evidence submitted by Comoros, “indicate that persons were shot from above.” Intent to kill “For the purpose of her decision” whether or not to investigate, the judges conclude, “the prosecutor should have accepted that live fire may have been used prior to the boarding of the Mavi Marmara, and drawn the appropriate inferences.” “This fact is extremely serious and particularly relevant to the matter under consideration,” the ruling continues, “as it may reasonably suggest that there was, on the part of the [Israeli] forces who carried out the identified crimes, a prior intention to attack and possibly kill passengers on board the Mavi Marmara.” The judges also fault Bensouda for failing to properly consider the impact of the crimes beyond the immediate victims.

srael’s violent actions against the Mavi Marmara would, the judges write, “have sent a clear and strong message to the people in Gaza (and beyond) that the blockade of Gaza was in full force and that even the delivery of humanitarian aid would be controlled and supervised by the Israeli authorities.” Rule of law Nice says the stakes are high – not just for this case but for other Palestine-related matters that might come before the ICC. In January, the court began a preliminary probe, at the request of the Palestinian Authority, that will include Israel’s attack on Gaza last summer that killed more than 2,200 Palestinians. Will such cases be handled according to the “rule of law,” Nice asks, or will victims witness “officials of the highest rank seeming yet again to bend the knee to the interests of Israel and the US?”

Al Jazeera English investigative reporting since 2012 has revealed that Arafat’s personal effects contained high levels of the radioactive element polonium. Independent Swiss scientists later conducted tests on Arafat’s exhumed remains and concluded there was “moderate” support for the theory that Yasser Arafat was poisoned. While separate French and Russian scientific reports, also based on samples of Arafat’s remains, cast doubt on the conclusions by the Swiss radiation scientists at the Radiophysics Institute in Lausanne, the Swiss have hit back explaining why the French conclusions were flawed.

The French and Russian reports – unlike the Swiss findings – were never made public, but the Swiss scientists obtained copies and have explained, in an article in the Swiss magazine Le Temps last month, why the French and Russian test results actually support their conclusions. All three reports found high levels of polonium-210 in Arafat’s body. “Not only were the levels of polonium of the same order” in all three reports, Le Temps says, “but the scientists also noted similar differences” among the samples from different parts of Arafat’s remains. The key difference was not therefore in the test results, but in the interpretation.

The French concluded that the high level of the radioactive element was caused by radon, a naturally occurring element in the environment, but had not taken any measurements from the surrounding area to support this thesis. According to the Swiss, the French conclusion amounts to speculation. The more thorough Swiss, by contrast, did take samples from the surrounding area. Le Temps reports: “The Swiss anticipated the possible interference of radon. In their report they demolish the hypothesis. Not only was the level of radon in the sealed tomb very weak, but the soil situated under [Arafat’s] abdominal cavity, and therefore in contact with the body, was 17 times more ‘contaminated’ than soil situated far from the body.”

The presence of radon, which would be the same throughout the area, could not possibly explain such concentrations. While the Swiss findings look stronger than ever, the debate continues. Bregman’s revelations add a new, albeit circumstantial element, showing that Israeli intelligence, which has assassinated many Palestinian leaders, saw a rationale for eliminating Arafat as well.

Despite this plea deal, Dr. Al-Arian was subpoenaed for a separate prosecution and then hit with contempt charges in March 2008 and issued two more subpoenas in the following year. Now under house arrest, Dr. Al-Arian’s case languished in the courts for years until the government finally moved to dismiss in June of last year. Regarding the saga endured by Dr. Al-Arian, Qamar and Azhar write: Reading the case files is an exercise in bewildering consternation. How did a man who was never convicted by a jury of his peers end up serving five years in prison and four and a half years under house arrest? Several lawyers we consulted point to the unique nature of the case, perhaps unprecedented even in the annals of bizarre government judicial practices since 11 September 2001.

“In the hopes of escaping an indefinite legal battle that would keep him in jail, Al-Arian opted to plead guilty for one of the less serious charges, which accused him of sending money to a Palestinian charity before the US government made it illegal to do so,” Khadijah Qamar and Hamdan Azhar recounted for The Electronic Intifada last year. “The judge gave him a 57-month sentence, most of which he had already served, with the promise of deportation by April 2007,” Qamar and Azhar added.

After he was fired from the University of South Florida following two years of administrative leave and a lengthy smear campaign that began with “vicious” attacks on him by right-wing Fox News pundit Bill O’Reilly, Dr. Al-Arian found himself a target of the newly passed Patriot Act. In February 2003, as Democracy Now! host Amy Goodman explained today, “The Justice Department handed down a sweeping fifty count indictment against him and seven other men, charging them with conspiracy to commit murder, giving material support to terrorists, extortion, perjury and other offenses. He was held in solitary confinement leading up to the trial.” That trial ended in 2005 with the jury failing to return a single guilty verdict, acquitting Dr. Al-Arian of eight of the seventeen counts he was tried on. But the government’s efforts did not end there, as the prosecution threatened a retrial of the nine charges on which the jury had deadlocked. Dr. Al-Arian chose to spare himself a second trial.

The underhanded and unprecedented tactics used by government prosecutors against Al-Arian were wielded against other Palestinian activists. Humanitarians were sentenced to decades in prison in the Holy Land Five case as material support for terror convictions became the domestic front of the endless US wars and occupations abroad. The era of political repression is not over, as shown by the recent moves to criminalize Palestine solidarity work, including at US campuses, and the recent conviction of Palestinian American community leader Rasmea Odeh. “I’ve heard a lot from Obama, but it’s all rhetoric … after six years, I haven’t really seen much change,” Dr. Al-Arian said from Turkey today. But he expressed happiness towards protests and whistleblowing regarding “the excesses of the surveillance and police state.”

FISA — the Foreign Intelligence Surveillance Act of 1978 — required the government to seek court warrants for wiretaps where at least one target was in the US. In 2005, it was revealed that the Bush administration had been flagrantly violating this law. Last July, Congress passed a bill legalizing this activity and giving retroactive immunity to the telecom companies that had assisted.

Israel has a well-established record of compromising American national security. The most notorious case was that of convicted spy Jonathan Pollard. Although the full details of his crimes are still secret, he is thought to have passed critical information about US intelligence-gathering methods to Israel, which then traded those secrets to US adversaries. In 2005, Larry Franklin, a Defense Department analyst, pleaded guilty to spying for Israel. Most recently, Ben-Ami Kadish, a retired US army engineer, was indicted in April for allegedly passing classified documents about US nuclear weapons to Israel from 1979 to 1985. Two former officials of AIPAC, the pro-Israel lobbying group, are still awaiting trial on charges that they passed classified information between Franklin and the Israeli government.

Nor have particular Israeli firms established a record of trustworthiness that would justify such complacency. Jacob “Kobi” Alexander, the former Israeli intelligence officer who founded Verint, fled the US to Israel in 2006 just before he and other top executives of a subsidiary were indicted for fraud that allegedly cost US taxpayers and company shareholders $138 million. Alexander eventually adopted a fake identity and hid in the southern African country of Namibia where he is now fighting extradition

Israeli companies do not assist the US only to spy on its own citizens, of course. Another Israeli firm, Natural Speech Communication (NSC), among whose directors is former Mossad chief Shabtai Shavit, makes software that the US uses to electronically analyze and key-word search recorded conversations in “Levantine Arabic,” the dialects “spoken by Israeli Arabs, Jordanians, Lebanese and Palestinians.” Mexico and Australia are among other countries known to use Israeli technologies and firms to eavesdrop on their citizens.

!Over Quota

+!Over Quota

+!Over Quota

+

+

+

+

Israel’s global standing is continuing to deteriorate, a new report from some of the country’s top strategists concludes. “Israel’s image in Western countries continues to decline, a trend that enhances the ability of hostile groups to engage in actions aimed at depriving Israel of moral and political legitimacy and launch boycotts,” the Institute for National Security Studies (INSS) at Tel Aviv University states in its 2016-2017 Strategic Survey for Israel. The 275-page report, authored by a who’s who of figures from Israel’s political, intelligence and military establishment, was presented on Monday to Israeli President Reuven Rivlin by INSS director Amos Yadlin, a former air force general and head of Israeli military intelligence. It notes in particular that “the international campaign to delegitimize Israel continues, as reflected in the BDS movement,” a reference to the growing Palestinian-led boycott, divestment and sanctions campaign. Israel habitually describes advocacy for full rights for Palestinians, or criticism of its abuses, as “delegitimization.” The report says that Israel’s “current right-wing government has contributed to this deterioration,” as have “anti-democratic legislative initiatives,” as well as international concerns about Israel’s “overreaction” to what it terms a “wave of terrorist attacks” by Palestinians.

+

According to the report, Israel’s efforts to compensate for its deteriorating relations with its traditional supporters, by bolstering ties with “non-democratic countries, especially Russia and China, are looked down upon in the international arena.” There is “no sign that [such countries] are willing to give Israel the political, scientific, technological and military support it receives from other countries, mainly the United States and some European countries,” the report states. This is particularly worrying for Israel given that the “status of the United States in the Middle East continues to weaken” as does its commitment to maintaining its hegemony in the Middle East, an alliance Israel relies on for ensuring its “power and deterrence.” “Despite good relations between Moscow and Jerusalem, Russia is not a substitute for security, political and economic support by the United States and the West,” the report concludes. While Israeli leaders expect close relations with the United States under President Donald Trump, the report warns that his administration is expected to “reinforce isolationist trends.” It also notes trends within the United States that threaten long-term support for Israel. During President Barack Obama’s term, “the notion that the two nations have ‘shared values,’ appears to have eroded with the perceived weakening of Israel’s democratic ethos.” Similarly, the report finds an “erosion” of the identification Jewish Americans feel with Israel, which is also “bound to have harmful repercussions for Israel.”

There is also polarization: conservative support for Israel remains strong, while liberals are increasingly ambivalent, displaying a “greater inclination to view the Palestinian plight as analogous to apartheid.” This sentiment, the report adds, is helping fuel the BDS movement, which is “now widespread on American campuses” and could affect US-Israel relations in the future.

Israel’s top strategists recognize that the stalemate with the Palestinians is a major contributor to the deterioration of Israel’s global standing. It is also an obstacle to fostering closer and more public ties with sectarian dictatorships like Saudi Arabia, whose publics still strongly support the Palestinian cause. While the INSS reports sees no realistic possibility of movement toward a two-state solution in the foreseeable future, its authors fear a continuing slide down a “slope leading toward a one-state reality” – a warning similar to that given by outgoing US Secretary of State John Kerry last month. But INSS has no new ideas for how to get Israel out of its predicament. Indeed the report tries to revive the concept of “unilateral separation” that was proposed by the governments of Ariel Sharon and Ehud Olmert more than a decade ago. The idea is to consolidate Israeli settlements in large parts of the occupied West Bank, pacify the Palestinian population through improved economic conditions and strengthen the Israeli-backed Palestinian Authority police-state regime to keep Palestinians under tight control. The separation would be cosmetic, however, since at all times Israel’s occupation forces and Shin Bet secret police would maintain “complete freedom of action” throughout the West Bank. Eventually, Israel might recognize a “Palestinian state within provisional borders” in up to 65 percent of the West Bank, while it effectively annexes large areas it has settled west of the separation wall it has built in the occupied territory.

The report acknowledges that “a severe humanitarian crisis already prevails in the Gaza Strip,” which has been under a decade-long Israeli blockade, supported by Egypt’s military rulers. This will inevitably lead to another major escalation of violence, unless something is done to alleviate the situation, the authors warn. That too could further erode Israel’s position. The INSS proposes such measures as building a port in Gaza and improving the infrastructure.

These findings provide another stark indication of how out of step Canada’s political elites are with public views on Palestine. In February 2016, Canada’s parliament overwhelmingly passed a motion condemning BDS. But Canadians feel very differently from their representatives. More than half of those surveyed say they oppose the parliamentary motion, while just a quarter support it. Opposition to the condemnation of BDS was strong among backers of all the left of center parties – ranging from 55 percent among Liberals to 78 percent among Greens. Only among Conservatives did more people support the motion (46 percent) than oppose it (33 percent). Consistent with generational trends seen in the United States, younger Canadians appear more sympathetic to Palestinian rights. Two-thirds of respondents aged 18-34 opposed the parliamentary condemnation of BDS, a number that drops to 46 percent among those aged over 65. Similarly, 84 percent of the 18-34 age group said the BDS call is reasonable, a number that fell to a still impressive 72 percent for those aged over 65.

Overall, 91 percent of respondents agreed that in general sanctions are a reasonable way for Canada to censure countries for violations of international law or human rights. Two-thirds of respondents agreed that sanctions specifically targeting Israel over its construction of settlements on occupied Palestinian land in violation of international law would be reasonable, with one-third indicating opposition. Three-quarters of respondents who identify with Trudeau’s Liberals support sanctions. That support rises as high as 94 percent among backers of Canada’s other left of center parties. Among Conservatives support for sanctions plummets to 30 percent – highlighting a sharp partisan divide over Israel also seen in the United States.