Group items tagged

Congress must investigate possible violations of U.S. law The latest State Department human rights report on Israel and the Occupied Territories provides a devastating account of Israel’s human rights violations against civilians, many of which involve the misuse of U.S.-supplied weapons. This diverse religious coalition has called for “an immediate investigation into possible violations by Israel of the U.S. Foreign Assistance Act and the U.S. Arms Export Control Act,” and urges Congress to “ensure that our aid is not supporting actions by the government of Israel that undermine prospects for peace”.     The signers affirm that these are laws that “should be enforced in all instances regardless of location,” but that it is especially critical for Israel to comply with laws that regulate the use of U.S. supplied weapons, since Israel is the single largest recipient of U.S. foreign aid since World War II. Notably, the United States has initiated investigations of violations of these laws by other countries, and on four different occasions between 1978 and 1982, the Secretary of State notified Congress that Israel “may” have violated the provisions of the Arms Export Control Act.   The coalition has called for renewed investigations into human rights violations documented by the State Department’s report, including Israel’s escalation of home demolitions, forced displacement, suppression of dissent, and its use of prohibited weapons in densely populated areas during Israel’s military Operation Cast Lead in the Gaza Strip.  

Unfortunately, unconditional U.S. military assistance to Israel has contributed to this deterioration, sustaining the conflict and undermining the long-term security interests of both Israelis and Palestinians. This is made clear in the most recent 2011 State Department Country Report on Human Rights Practices covering Israel and the Occupied Territories (1), which details widespread Israeli human rights violations committed against Palestinian civilians, many of which involve the misuse of U.S.-supplied weapons. Accordingly, we urge an immediate investigation into possible violations by Israel of the U.S. Foreign Assistance Act and the U.S. Arms Export Control Act which respectively prohibit assistance to any country which engages in a consistent pattern of human rights violations and limit the use of U.S. weapons (2) to “internal security” or “legitimate self-defense.” (3) More broadly, we urge Congress to undertake careful scrutiny to ensure that our aid is not supporting actions by the government of Israel that undermine prospects for peace. We urge Congress to hold hearings to examine Israel’s compliance, and we request regular reporting on compliance and the withholding of military aid for non-compliance.

Sincerely, Rev. Gradye Parsons
Stated Clerk of the General Assembly
Presbyterian Church (USA) Mark S. Hanson
Presiding Bishop
Evangelical Lutheran Church in America Bishop Rosemarie Wenner
President, Council of Bishops
United Methodist Church Peg Birk
Transitional General Secretary
National Council of Churches USA   Shan Cretin
General Secretary
American Friends Service Committee J Ron Byler
Executive Director
Mennonite Central Committee U.S. Alexander Patico
North American Secretary
Orthodox Peace Fellowship Diane Randall
Executive Secretary
Friends Committee on National Legislation Dr. A. Roy Medley
General Secretary
American Baptist Churches, U.S.A. Rev. Geoffrey A. Black
General Minister and President
United Church of Christ Rev. Dr. Sharon E. Watkins
General Minister and President
Christian Church (Disciples of Christ) Rev. Julia Brown Karimu
President, Christian Church (Disciples of Christ), Division of Overseas Ministries
Co-Executive, Global Ministries (UCC and Disciples) Rev. Dr. James A. Moos
Executive Minister, United Church of Christ, Wider Church Ministries
Co-Executive, Global Ministries (UCC and Disciples) Kathy McKneely
Acting Director
Maryknoll Office for Global Concerns Eli S. McCarthy, PhD
Justice and Peace Director
Conference of Major Superiors of Men (CMSM)

With the UK duly pacified, and the US in full support of Israel, moving forward with annexing Palestinian land became an obvious choice for Israeli politicians. Bezalel Smotrich, a Knesset member of the extremist Jewish Home party, put it best. "We thank the American people for voting Trump into office, which was what gave us the opportunity for the bill to pass," he said shortly after the vote.

The so-called "Regulation Bill" will retroactively validate 4,000 illegal structures built on private Palestinian land. In the occupied Palestinian territories, all Jewish settlements are considered illegal under international law, as further indicated in UNSC Resolution 2334. There are also 97 illegal Jewish settlement outposts - a modest estimation - that are now set to be legalised and, naturally, expanded at the expense of Palestine. The price of these settlements has been paid mostly by US taxpayers' money, but also the blood and tears of Palestinians, generation after generation. It is important, though, that we realise that Israel's latest push to legalise illegal outposts and annex large swaths of the West Bank is the norm, not the exception.

But what is the Palestinian leadership doing about it? "I can't deny that the (bill) helps us to better explain our position. We couldn't have asked for anything more," a Palestinian Authority official told Al-Monitor on condition of anonymity, as quoted by Shlomi Elder. WATCH: 'The settlers and the guards harass us and our children' (2:35) Elder writes: "The bill, whether it goes through or is blocked by the Supreme Court, already proves that Israel is not interested in a diplomatic resolution of the conflict."

The greatest mistake that the Palestinian leadership has committed (aside from its disgraceful disunity) was entrusting the US, Israel's main enabler, with managing a "peace process" that has allowed Israel time and resources to finish its colonial projects, while devastating Palestinian rights and political aspirations. Returning to the same old channels, using the same language, seeking salvation at the altar of the same old "two-state solution" will achieve nothing, but to waste further time and energy. It is Israel's obstinacy that is now leaving Palestinians (and Israelis) with one option, and only one option: equal citizenship in one single state or a horrific apartheid. No other "solution" suffices. In fact, the Regulation Bill is further proof that the Israeli government has already made its decision: consolidating apartheid in Palestine. If Trump and May find the logic of Netanyahu's apartheid acceptable, the rest of the world shouldn't. In the words of former President Jimmy Carter, "Israel will never find peace until it ... permit(s) the Palestinians to exercise their basic human and political rights." That Israeli "permission" is yet to arrive, leaving the international community with the moral responsibility to exact it.

The Jewishness of the state of Israel: Israel is a Jewish state because its population is overwhelmingly Jewish, Jewish religious and historical holidays are its national holidays, and Hebrew is its national language. But Israeli demands that Palestinians recognize that Israel has been and remains the national homeland of the Jewish people is intended to require the Palestinians to affirm the legitimacy of Israel’s replacement of Palestine’s Arab population with its own. It also raises Arab fears of continuing differential treatment of Israel’s Arab citizens. Israelis are right to demand that Palestinians recognize the fact of the state of Israel and its legitimacy, which Palestinians in fact did in 1988 and again in 1993. They do not have the right to demand that Palestinians abandon their own national narrative, and the United States should not be party to such a demand. That said, Palestinian recognition of Israel as a Jewish state, provided it grants full and equal rights to its non-Jewish citizens, would not negate the Palestinian national narrative.

Israeli security: The United States has allowed the impression that it supports a version of Israel’s security that entails Israeli control of all of Palestine’s borders and part of its territory, including the Jordan Valley. Many former heads of Israel’s top intelligence agencies, surely among the best informed in the country about the country’s security needs, have rejected this version of Israel’s security. Meir Dagan, a former head of the Mossad, dismissed it as “nothing more than manipulation.” Israel’s confiscation of what international law has clearly established as others’ territory diminishes its security. Illegal West Bank land grabs only add to the Palestinian and the larger Arab sense of injustice that Israel’s half-century-long occupation has already generated, and fuels a revanchismthat sooner or later will trigger renewed violence. No Palestinian leader could or would ever agree to a peace accord that entails turning over the Jordan Valley to Israeli control, either permanently or for an extended period of time, thus precluding a peace accord that would end Israel’s occupation. The marginal improvement in Israel’s security provided by these expansive Israeli demands can hardly justify the permanent subjugation and disenfranchisement of a people to which Israel refuses to grant citizenship in the Jewish state.

The terms for a peace accord advanced by Netanyahu’s government, whether regarding territory, borders, security, resources, refugees or the location of the Palestinian state’s capital, require compromises of Palestinian territory and sovereignty on the Palestinian side of the June 6, 1967, line. They do not reflect any Israeli compromises, much less the “painful compromises” Netanyahu promised in his May 2011 speech before a joint meeting of Congress. Every one of them is on the Palestinian side of that line. Although Palestinians have conceded fully half of the territory assigned to them in the U.N.’s Partition Plan of 1947, a move Israel’s president, Shimon Peres, has hailed as unprecedented, they are not demanding a single square foot of Israeli territory beyond the June 6, 1967, line. Netanyahu’s unrelenting efforts to establish equivalence between Israeli and Palestinian demands, insisting that the parties split the difference and that Israel be granted much of its expansive territorial agenda beyond the 78 percent of Palestine it already possesses, are politically and morally unacceptable. The United States should not be party to such efforts, not in Crimea nor in the Palestinian territories. We do not know what progress the parties made in the current talks prior to their latest interruption, this time over the issue of the release of Palestinian prisoners. We are nevertheless convinced that no matter how far apart the parties may still be, clarity on America’s part regarding the critical moral and political issues in dispute will have a far better chance of bringing the peace talks to a successful conclusion than continued ambiguity or silence.

The co-authors, senior advisers to the U.S./Middle East Project, are, respectively, former national security adviser, former U.S. secretary of defense; former chair of the House Foreign Affairs Committee; former U.S. trade representative; former under secretary of state for political affairs, and president, U.S./Middle East Project.

Israel has long had a murky procedure called the Hannibal Directive that some interpret as an order to do whatever it takes to prevent a soldier’s capture, even if it means killing him in the process.

Here’s Israel’s version, as reported in Ynet: According to an announcement by the IDF [Israeli army], at 9:30 am Friday, terrorists opened fire at IDF forces in southern Gaza. Initial information from the scene indicated that there is a chance that an IDF soldiers [sic] was kidnapped [sic] during the incident. Israel claims that the soldiers were working to destroy a resistance tunnel and that such “defensive” activities were permitted by the ceasefire agreement. What Israel does not dispute is that its occupation forces were carrying out operations in the Gaza Strip.

But an interesting observation comes from this tweet: on Twitter Just returned from Southern gaza - got to border with Israel multiple artillery barrages whilst there an hour after supposed ceasefire— Rageh Omaar (@ragehomaar) August 1, 2014 If Omaar is right, this would mean that Israel was already heavily shelling in the Rafah area by around 9am, since the ceasefire was supposed to begin at 8am. And if the artillery barrages followed the killing and alleged capture of Israeli soldiers by Qassam it would also mean that the incident could have occurred before 9:30am.

Around 10am many more reports started to come in of mass casualties from “indiscriminate shelling” on George Street, east of Rafah. If the shelling indeed began between 9 and 10am, it would mean that Israel launched a massive and indiscriminate barrage at just about the time it says its soldier was captured. This makes no sense if Israeli forces wanted to ensure the captured soldier’s safety. After all, he could be killed along with his captors.

Qassam did not comment for the whole of Friday on Israel’s assertion that one of its soldiers was captured. Early on Saturday it issued a new military communiqué condemning the “ongoing horrifying massacre of civilians in Rafah” and reaffirming its earlier version and timeline of events. But it has these important additions: We lost contact with the group of fighters that were stationed at that location and we believe that all members of the unit were martyred and the soldier the enemy says went missing was killed in the Zionist shelling, assuming that the fighters did capture him during the confrontation. We in Qassam have no knowledge up to this moment about the missing soldier, nor his whereabouts nor the circumstances of his disappearance. It is reasonable to assume that Qassam has no motive to be deceptive about this; a captured Israeli soldier is a valuable asset. If they had him they would either boast about it or keep quiet and perhaps seek to trade information about him for concessions from Israel.

If the Israeli soldier was killed, it is possible that it was unintentional “friendly fire.” But again, forces that were intent on protecting and rescuing a missing soldier would be foolhardy to launch massive air raids or barrages of artillery fire in the area where he was captured. This leaves open the question of whether Israeli forces intended to kill the missing soldier. The Hannibal Directive The “Hannibal Directive” captured the Israeli imagination in the mid-1980s, when ongoing incursions and occupation in Lebanon, following the 1982 invasion, confronted the Israeli army with opportunities to experience capture. Popular understanding of this directive is phrased as “a dead soldier is better than a kidnapped [sic] one” – which was taken to mean that it would be better to kill a captured prisoner of war than have him remain alive.

There was much discussion on Twitter about this being the reason for the shelling of Rafah on Friday morning, including in reports from Ynet’s military reporter Attila Somfalvi, that the words “Hannibal! Hannibal!” were shouted over military communication systems.

Journalist Haim Har-Zahav reminisced that it took 50 minutes before the directive was put into practice on the Lebanon border, in 2006 and almost an hour in 1991, but that his own brigade took only a few minutes. Sports commentator Ouriel Daskal stated outright: “what I deduce from what’s happening in Rafah is that there’s an implementation of the Hannibal Directive. Let’s hope not.” Moreover, blogger Richard Silverstein reported a few days ago that another soldier was killed in Gaza under the directive. Israeli investigative journalist Ronen Bergman confirmed in a radio interview, with respect to an earlier incident, that in Gaza the procedure “was tested in practice and apparently the soldiers acted in accordance with that directive.”

But these indications, combined with the fact that Israel bombed Rafah so viciously make it a reasonable hypothesis that someone giving orders on Friday morning wanted the soldier dead rather than captured. If that is the case, then it is Israel that destroyed the humanitarian ceasefire, in the process murdering dozens more innocent people and pushing the death toll from the ongoing massacre in Gaza to more than 1,600 people.

A few years ago, Narus boasted that it is “known for its ability to capture and collect data from the largest networks around the world.” The company says its equipment is capable of “providing unparalleled monitoring and intercept capabilities to service providers and government organizations around the world” and that “Anything that comes through [an Internet protocol network], we can record. We can reconstruct all of their e-mails, along with attachments, see what Web pages they clicked on, we can reconstruct their [Voice over Internet Protocol] calls.” Like Narus, Verint was founded by in Israel by Israelis, including Jacob “Kobi” Alexander, a former Israeli intelligence officer. Some 800 employees work for Verint, including 350 who are based in Israel, primarily working in research and development and operations, according to the Jerusalem Post. Among its products is STAR-GATE, which according to the company’s sales literature, lets “service providers … access communications on virtually any type of network, retain communication data for as long as required, and query and deliver content and data …” and was “[d]esigned to manage vast numbers of targets, concurrent sessions, call data records, and communications.”

In a rare and candid admission to Forbes, Retired Brig. Gen. Hanan Gefen, a former commander of the highly secret Unit 8200, Israel’s NSA, noted his former organization’s influence on Comverse, which owns Verint, as well as other Israeli companies that dominate the U.S. eavesdropping and surveillance market. “Take NICE, Comverse and Check Point for example, three of the largest high-tech companies, which were all directly influenced by 8200 technology,” said Gefen. “Check Point was founded by Unit alumni. Comverse’s main product, the Logger, is based on the Unit’s technology.”

According to a former chief of Unit 8200, both the veterans of the group and much of the high-tech intelligence equipment they developed are now employed in high-tech firms around the world. “Cautious estimates indicate that in the past few years,” he told a reporter for the Israeli newspaper Ha’artez in 2000, “Unit 8200 veterans have set up some 30 to 40 high-tech companies, including 5 to 10 that were floated on Wall Street.” Referred to only as “Brigadier General B,” he added, “This correlation between serving in the intelligence Unit 8200 and starting successful high-tech companies is not coincidental: Many of the technologies in use around the world and developed in Israel were originally military technologies and were developed and improved by Unit veterans.

Equally troubling is the issue of corruption. Kobi Alexander, the founder and former chairman of Verint, is now a fugitive, wanted by the FBI on nearly three dozen charges of fraud, theft, lying, bribery, money laundering and other crimes. And two of his top associates at Comverse, Chief Financial Officer David Kreinberg and former General Counsel William F. Sorin, were also indicted in the scheme and later pleaded guilty, with both serving time in prison and paying millions of dollars in fines and penalties. When asked about these contractors, the NSA declined to “verify the allegations made.”

Yossi Cohen was appointed head of the Mossad a year ago, after a government vetting committee accepted that he had no personal ties to Netanyahu. But Cohen forgot to mention that he is extremely close to Netanyahu’s high-flying friends – connections that are now under investigation. Milchan set up a global security firm in 2008 called Blue Sky International, stuffed with Israeli security veterans. Packer soon became a partner. They developed close ties to Cohen, first while he was a senior official at the Mossad and later when he headed Israel’s national security council. Before Cohen was appointed head of Mossad in December 2015, the pair had hoped to recruit him to their cyber-security operations. Cohen received several gifts from Packer, in violation of Israeli government rules, including a stay at one of his luxury hotels. A source speaking to Haaretz said Blue Sky had “more than [a] direct line” to Netanyahu. They “would pull him out from anywhere, at any time, on any occasion.” According to Haaretz’s military analyst, Amir Oren, the new disclosures raise serious questions about whether Milchan and Packer twisted Netanyahu’s arm to parachute Cohen into the post over the favored candidate. In return, Packer may have been hoping that Cohen would authorise exceptional Israeli residency for him, classifying him as a security asset.

From Hollywood to Mossad Cases 1000 and 2000 share at least one figure in common. Milchan gave Netanyahu extravagant gifts over many years, but he is also reported to have acted as go-between, bringing arch-enemies Netanyahu and Mozes together. Milchan has his own financial stake in the media, in his case a holding in the Channel 10 TV station. In addition, Milchan introduced Netanyahu to sympathetic businessmen, including his friend Packer, to discuss taking the ailing Yedioth media group off Mozes’ hands. Only last October he arranged for media mogul Rupert Murdoch’s son, Lachlan, to fly to Israel for one night for a secret meeting with Netanyahu. Milchan is undoubtedly at the centre of the shadowy world of power and finance that corrupts public life in Israel. Not only is Milchan a highly influential Hollywood figure, having produced more than 100 films, but he has admitted that he is a former Mossad agent. He used his Hollywood connections to help make arms deals and secure parts for Israel’s nuclear weapons program. One can only wonder whether Milchan was not effectively set up in his Hollywood career as a cover for his Mossad activities. But Milchan, it seems, is still wielding influence in Israel’s twilight world of security.

eyond this, one one can only speculate about how Cohen’s indebtedness to Milchan, Packer and Netanyahu might have influenced his decisions as head of the Mossad. It was only a few years ago that the former Mossad chief, Meir Dagan, was reported to have wrestled furiously with Netanyahu to stop him launching a military strike on Iran. Prosecution drags feet It is unclear for the time being whether the revelations are drawing to a close or will lead deeper into Israel’s twin netherworlds of financial corruption and security. But what has emerged so far should be enough to finish off Netanyahu as prime minister. Whether it does so may depend on the extent of Israel’s compromised legal system. Attorney general Avichai Mendelblit was appointed by Netanyahu and is a political ally. He appears to have been dragging his feet as much as possible to slow down the police investigation, if not sabotage it. But the weight of evidence is looking like it may prove too overwhelming. As political analyst Yossi Verter observed: “There’s no way that a police commissioner … appointed [by Netanyahu] and a cautious attorney general, who in the past was part of his close circle and one of his loyalists, would be putting him through the seven circles of hell if they weren’t convinced that there’s a solid basis for indictment and conviction.” The next question for Netanyahu is whether he will step down if indicted. He should, if Olmert’s example is followed. But his officials are citing a 1993 high court ruling that allows a cabinet minister under indictment to remain in office. Certainly if Netanyahu chooses to stay on, his decision would be appealed to the court again. However, the judges may be reluctant to oust a sitting prime minister. The court of public opinion is likely to be decisive in that regard. A recent poll shows few Israelis believe Netanyahu is innocent of the allegations. Some 54 per cent think he broke the law, while only 28 believe him. Opinion, however, is split evenly on whether he should resign.

If past experience is any measure, Netanyahu will try to turn public opinion his way by increasing friction with the Palestinians and exploiting the international arena, especially his relations with the Trump administration. He may be expected to encourage Trump at the very least to posture more stridently against Iran. Nonetheless, most observers assume Netanyahu is doomed – it is simply a matter of when. The odds are on an indictment in late spring, followed by elections in the fall, say Israeli analysts. At this stage, none of his political rivals wants to be seen stabbing Netanyahu in the back. Most are keeping quiet. But behind the scenes, political leaders are hurrying to forge new alliances and extract political concessions while Netanyahu is wounded.

Who might succeed Netanyahu? Yair Lapid, of the centre-right Yesh Atid, is heading the polls, but that may in part reflect the disarray in Netanyahu’s Likud party. In a sign of where the deeper currents in Israeli society are leading, a Maariv poll last week showed that settler leader Naftali Bennett would win an election if he were to head the Likud. Netanyahu now needs the help of all the powerful friends he can muster. His biggest ally, U.S. casino magnate Sheldon Adelson, may not be among them. After the revelations that Netanyahu was conspiring against him with Mozes, Adelson has cut back on Israel Hayom’s circulation and is reported to be offering less favorable coverage of the Netanyahus. That could prove the final straw, sealing Netanyahu’s fate.

According to historian Shabtai Teveth, who wrote one of the more detailed accounts, the assignment was "To undermine Western confidence in the existing [Egyptian] regime by generating public insecurity and actions to bring about arrests, demonstrations, and acts of revenge, while totally concealing the Israeli factor. The team was accordingly urged to avoid detection, so that suspicion would fall on the Muslim Brotherhood, the Communists, 'unspecified malcontents' or 'local nationalists'."[2]

The top-secret cell, Unit 131,[5] which was to carry out the operation, had existed since 1948 and under Aman since 1950. At the time of Operation Susannah, Unit 131 was the subject of a bitter dispute between Aman (military intelligence) and Mossad (national intelligence agency) over who should control it. Unit 131 operatives had been recruited several years before, when the Israeli intelligence officer Avram Dar arrived in Cairo undercover as a British citizen of Gibraltar called John Darling. He had recruited several Egyptian Jews who had previously been active in illegal emigration activities and trained them for covert operations.

Aman decided to activate the network in the Spring of 1954. On July 2, the cell firebombed a post office in Alexandria,[6] and on July 14, it bombed the libraries of the U.S. Information Agency in Alexandria and Cairo and a British-owned theater.

Before the group began the operation, Israeli agent Avri Elad (Avraham Zeidenberg) was sent to oversee the operations. Elad assumed the identity of Paul Frank, a former SS officer with Nazi underground connections. Avri Elad allegedly informed the Egyptians, resulting in the Egyptian Intelligence Service following a suspect to his target, the Rio Theatre, where a fire engine was standing by. Egyptian authorities arrested this suspect, Philip Natanson, when his bomb accidentally ignited prematurely in his pocket. Having searched his apartment, they found incriminating evidence and names of accomplices to the operation.

Several suspects were arrested, including Egyptian Jews and undercover Israelis. Colonel Dar and Elad had managed to escape. Two suspects, Yosef Carmon and Hungarian-born Israeli Meir Max Bineth committed suicide in prison.

The Egyptian trial began on December 11 and lasted until January 27, 1955; two of the accused (Moshe Marzouk and Shmuel Azar) were condemned to execution by hanging, two were acquitted, and the rest received lengthy prison terms. The trial was criticised in Israel as a show trial, although strict Israeli military censorship of the press, at the time, meant that the Israeli public was kept in the dark about the facts of the case and, in fact, were led to believe that the defendants were innocent.[7] There were allegations that evidence had been extracted by torture.[8] After serving seven-year jail sentences, two of the imprisoned operatives (Meir Meyuhas and Meir Za'afran) were released in 1962. The rest were eventually freed in February 1968, in a secret addendum to a prisoner of war exchange.

Soon after the affair, Mossad chief Isser Harel expressed suspicion to Aman concerning the integrity of Avri Elad. Despite his concerns, Aman continued using Elad for intelligence operations until 1956, when he was caught trying to sell Israeli documents to the Egyptians. Elad was tried in Israel and sentenced to 10 years imprisonment. During Elad's imprisonment in Ayalon Prison, the media were only able to refer to him as the "The Third Man" or "X" due to government censorship.[9] In 1976, whilst living in Los Angeles, Elad publicly identified himself as the "Third Man" from the Lavon Affair.[9] In 1980, Harel publicly revealed evidence that Elad had been turned by the Egyptians even before Operation Susannah.

Operation Susannah and the Lavon Affair turned out to be disastrous for Israel in several ways: Israel lost significant standing and credibility in its relations with the United Kingdom and the United States that took years to repair.[11] The political aftermath caused considerable political turmoil in Israel that affected the influence of its government.[12] In March 2005, Israel publicly honored the surviving operatives, and President Moshe Katsav presented each with a certificate of appreciation for their efforts on behalf of the state, ending decades of official denial by Israel.[13]

Contemporary NATO as well as NATO allied and Israeli military doctrine consider absolute information and image control as essential part of warfare. The distribution of disinformation and propaganda and the silencing of media are, nonetheless, considered serious crimes according to international laws. These include, in particular, article 19 of the Universal Declaration of Human Rights and UN General Assembly Resolutions 110, 381, and 819. Resolutions 110, 381, and 819 are regulating the erection of obstacles to the free exchange of information and ideas as well as propaganda. The resolutions have been adopted in the post World War II period and are especially pertaining warfare.

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.”

Rep. Steve Israel, D-N.Y., met with Netanyahu and other U.S. legislators to discuss the plans following the third day of a cease-fire between Hamas and Israel. According to The Post, Netanyahu asked the group to help Israel stay out of the International Criminal Court. Netanyahu told reporters that the U.S. should put in perspective the attacks from Hamas, saying, “Let’s imagine your country was attacked by 3,500 rockets.” “The prime minister asked us to work together to ensure that this strategy of going to the ICC does not succeed,” Israel told The Post by phone from Tel Aviv. Israel continued, saying Netanyahu “wants the U.S. to use all the tools that we have at our disposal to, number one, make sure the world knows that war crimes were not committed by Israel, they were committed by Hamas. And that Israel should not be held to a double standard.”

Senior European officials insist that European consumers are entitled to know the source of goods previously labelled as Israeli. Israeli politicians – including Netanyahu – have made comparisons between labelling and the Nazi era, with some suggesting the move is immoral and antisemitic.

On Tuesday, a letter leaked to the Guardian showed that Netanyahu had written or spoken to a number of senior European figures, including European parliament president Martin Schulz, asking for their help to block the move. In a letter to Schulz, the Israeli prime minister said the move was politicised, adding that it could “lead to an actual boycott [of Israel], emboldening those who are not interested in Israeli-Palestinian peace but eliminating Israel altogether”. Since 2003, the EU has placed a numerical code on Israeli imports to allow customs to distinguish between products made within the Green Line and those that are produced beyond it. The UK adopted labelling guidelines for settlement products three years ago.

The documents highlight the conflicted relationship between the United States and Israel and U.S. concerns about Israel’s potentially destabilizing actions in the region. The two nations are close counterterrorism partners, and have a memorandum of understanding, dating back to 2009, that allows Israel access to raw communications data collected by the NSA. Yet they are nonetheless constantly engaged in a game of spy versus spy. Last month, the Wall Street Journal reported that, although President Obama had pledged to stop spying on friendly heads of state, the White House carved out an exception for Israeli Prime Minister Benjamin Netanyahu and other top Israeli officials. Michael Hayden, former head of the CIA and NSA, told the Journal that the intelligence relationship with Israel was “the most combustible mixture of intimacy and caution that we have.”

While NSA documents tout the mutually beneficial relationship of Sigint sharing, another report, marked top secret and dated September 2007, states that the relationship, while central to US strategy, has become overwhelmingly one-sided in favor of Israel."Balancing the Sigint exchange equally between US and Israeli needs has been a constant challenge," states the report, titled 'History of the US – Israel Sigint Relationship, Post-1992'. "In the last decade, it arguably tilted heavily in favor of Israeli security concerns. 9/11 came, and went, with NSA's only true Third Party [counter-terrorism] relationship being driven almost totally by the needs of the partner."

In another top-secret document seen by the Guardian, dated 2008, a senior NSA official points out that Israel aggressively spies on the US. "On the one hand, the Israelis are extraordinarily good Sigint partners for us, but on the other, they target us to learn our positions on Middle East problems," the official says. "A NIE [National Intelligence Estimate] ranked them as the third most aggressive intelligence service against the US."Later in the document, the official is quoted as saying: "One of NSA's biggest threats is actually from friendly intelligence services, like Israel. There are parameters on what NSA shares with them, but the exchange is so robust, we sometimes share more than we intended."

The Guardian asked the Obama administration how many times US data had been found in the raw intelligence, either by the Israelis or when the NSA reviewed a sample of the files, but officials declined to provide this information. Nor would they disclose how many other countries the NSA shared raw data with, or whether the Fisa court, which is meant to oversee NSA surveillance programs and the procedures to handle US information, had signed off the agreement with Israel.In its statement, the NSA said: "We are not going to comment on any specific information sharing arrangements, or the authority under which any such information is collected. The fact that intelligence services work together under specific and regulated conditions mutually strengthens the security of both nations."NSA cannot, however, use these relationships to circumvent US legal restrictions. Whenever we share intelligence information, we comply with all applicable rules, including the rules to protect US person information."

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?”