Israel's Christmas 2008-2009 Bombing and Invasion of Gaza, War Crimes and Crimes against Humanity

So does "purity of arms" prevent Israel from committing war crimes and crimes against humanity? A UN report suggests not. I'll review the report in the next few posts for those who don't know what actually happened.

The report is of a properly constituted fact-finding mission asked to investigate whether various human rights breaches occurred in or in relation to the recent conflict in Gaza regardless of who committed the breaches. There is thus no evidence of bias in either the terms of reference for the mission or the make up of its membership despite Israeli claims.

The mission considered that the predominant issue was the treatment of all civilians and the full context required their treatment to be considered in all of Israel (including West Jerusalem) and the West Bank (including East Jerusalem) from the Hamas/Israel “Cease Fire” [the mission’s inverted commas] of 18 June 2008 until 31 July 2009.

For the purpose of the mission the mission members conducted public hearings in Gaza (where they also conducted field enquiries for around two weeks all up) and Geneva, called for and received submissions and also visited Amman for two days for interviews necessitated to be held there by Israel’s non-cooperation in permitting access to territory controlled by Israel. Israel did not cooperate with the mission at all and the mission was not permitted to visit either Israel or the West Bank (entry to Gaza itself appears to have only been possible with the cooperation of Egypt via the Rafah crossing, entry to southern Israel (another site of special interest) was obviously denied and Israel may have penalised, by ongoing imprisonment, at least one person for having given direct evidence to the mission following the giving of that evidence and upon that person’s return to Israeli controlled territory).

The hostilities were formally initiated by Israel on 27 December 2008 with the commencement of bombing in retaliation for rocket and mortar fire from Gaza (that had been occurring between the 18 June 2008 ceasefire agreement and 27 December 2008) that preceded an invasion and continued until the 18 January 2009 withdrawal of Israeli troops from Gaza. As I mentioned above, the mission considers the entire period from 18 June 2008 to 18 January 2009 and also up to 31 July 2009.

First the report considers this period of alleged provocation by Gazans. The report found that Israel was engaged in the period in an economic and social blockade of Gaza and further that the 4^th Geneva Convention requires that civilian populations be protected from adverse humanitarian events resulting from blockades without conditions. The mission considers that the blockade contravened and contravenes that requirement (more detail in later posts).

The actual 3 January 2009 to 18 January invasion and occupation was supported by the Israeli air force and shelling from the Israeli navy and pre-invasion bombing from 27 December 2008 and was conducted by eight brigades (including one paratroop brigade and five armoured brigades).

Total fatal casualties on the Gazan side in Gaza appear to have been around 1,400 (Israel claims a figure of around 1,100 and Hamas claims somewhat more than 1,400 fatal casualties). Reports suggest an unacceptably high proportion of civilian casualties and thus a prima facie case of undue recklessness on the part of the Israeli military. I will further consider the Gazan part in this (and the Israeli part in more detail) in later posts.

The total fatal casualty figure in southern Israel from 27 December 2008 to 18 January 2009 appears to be four of which one death was that of a soldier. In Gaza itself, fatal casualty figures on the Israeli side amounted to 9 Israeli soldiers killed of whom 4 deaths were as the result of “friendly fire”. This suggests that the issue of proportionality may be relevant to the humanitarian questions being considered here.

Majority Muslim Countries (or Proposed Ones)

Some are bare majorities and these are approximations but the numbers bear thinking about (do unbiased people really want to continue to claim that the religion of so many people is actually evil?) Ethiopia is an interesting one because it has a Coptic Christian flavour at the level of its state. The proposed ones I have included are Turkish Cyprus and Palestine. I have noted especially if the 'country' appears to produce and/or export petroleum crude oil and if it exports very roughly how much mainly because oil is so geopolitically vital for the time being, and if they are members or observers at OPEC, the League of Arab States or the Organization of the Islamic Conference because they may be politically significant groupings.

That gives 50 'countries' (about a quarter of the world's countries) including the fourth, sixth, seventh and eighth most populous: Indonesia, Pakistan, Bangladesh and Nigeria. Though not majority Muslim the most and second, third and fifth most populous countries (China, India, the US and Brazil) also contain a total of around two hundred million Muslims (mostly in India but including over two million in the US and over twenty million in China). Incidentally, even Israel has over a million Muslim 'full' citizens.

These three countries are majority Muslim but not Members of the Organisation of the Islamic Conference: Ethiopia, Western Sahara and Eritrea.

These 11 countries are not majority Muslim but are Members of the Organisation of the Islamic Conference: Benin, Cameroon, Gabon, Guinea Bissau, Guyana, Ivory Coast, Kazakhstan, Mozambique, Suriname, Togo and Uganda. Kazakhstan has close to a majority if not a majority.

These four countries are not majority Muslim but are Observers at the Organisation of the Islamic Conference: Bosnia, Central African Republic, Thailand and Russia. Bosnia also has close to a majority. Thailand has recently committed civil war-related atrocities against Muslims so this status is also interesting.


1 Afghanistan – Member of Islamic Conference
2 Albania – Small Oil Producer, Significant Oil Exporter, Member of Islamic Conference
3 Algeria – Large Oil Producer, OPEC Member Country, Significant Oil Exporter, Member State
of Arab League, Member of Islamic Conference
4 Azerbaijan – Moderate Oil Producer, Significant Oil Exporter, Member of Islamic Conference
5 Bahrain – Small Oil Producer, Significant Oil Exporter, Member State of Arab League,
Member of Islamic Conference
6 Bangladesh – May Have Oil Reserves, Member of Islamic Conference
7 Brunei – Moderate Oil Producer, Significant Oil Exporter, Member of Islamic Conference
8 Burkina Faso – Member of Islamic Conference
9 Chad – Small Oil Producer, Member of Islamic Conference
10 Comoros – Member State of Arab League, Member of Islamic Conference
11 Djibouti – Member State of Arab League, Member of Islamic Conference
12 Egypt – Moderate Oil Producer, Significant Oil Exporter, Member State of Arab League,
Member of Islamic Conference
13 Eritrea – Observer State at Arab League
14 Ethiopia -
15 Gambia – Member of Islamic Conference
16 Guinea – Member of Islamic Conference
17 Indonesia – Large Oil Producer, OPEC Member Country, Significant Oil Exporter, Member of
Islamic Conference
18 Iran – Large Oil Producer, OPEC Member Country, Significant Oil Exporter, Member of
Islamic Conference
19 Iraq – Large Oil Producer, OPEC Member Country, Significant Oil Exporter, Member State
of Arab League, Member of Islamic Conference
20 Jordan – Has been an Oil Producer, Member State of Arab League, Member of Islamic
Conference
21 Kuwait – Large Oil Producer, OPEC Member Country, Significant Oil Exporter, Member
State of Arab League, Member of Islamic Conference
22 Kyrgyzstan – Has been an Oil Producer, Member of Islamic Conference
23 Lebanon – Member State of Arab League, Member of Islamic Conference
24 Libya – Large Oil Producer, OPEC Member Country, Significant Oil Exporter, Member
State of Arab League, Member of Islamic Conference
25 Malaysia – Large Oil Producer, Significant Oil Exporter, Member of Islamic Conference
26 Maldives – Member of Islamic Conference
27 Mali – Member of Islamic Conference
28 Mauritania – Member State of Arab League, Member of Islamic Conference
29 Morocco – Member State of Arab League, Member of Islamic Conference
30 Niger – Has Oil Reserves, Member of Islamic Conference
31 Nigeria – Large Oil Producer, OPEC Member Country, Significant Oil Exporter, Member of
Islamic Conference
32 Oman – Moderate Oil Producer, Significant Oil Exporter, Member State of Arab League,
Member of Islamic Conference
33 Pakistan – Has been an Oil Producer, Member of Islamic Conference
34 Palestine – Member of Arab League, May have been an Oil Producer, Member of Islamic
Conference
35 Qatar – Moderate Oil Producer, OPEC Member Country, Significant Oil Exporter, Member
State of Arab League, Member of Islamic Conference
36 Saudi Arabia – Large Oil Producer, OPEC Member Country, Significant Oil Exporter,
Member State of Arab League, Member of Islamic Conference
37 Senegal – Member of Islamic Conference
38 Sierra Leone – Member of Islamic Conference
39 Somalia – Member State of Arab League, Member of Islamic Conference
40 Sudan – Moderate Oil Producer, Significant Oil Exporter, Member State of Arab League,
Member of Islamic Conference
41 Syria – Moderate Oil Producer , Significant Oil Exporter, Member State of Arab League,
Member of Islamic Conference
42 Tajikistan – Has been an Oil Producer, Member of Islamic Conference
43 Tunisia – Small Oil Producer, Significant Hydrocarbon Exporter, Member State of Arab
League, Member of Islamic Conference
44 Turkey – Has been an Oil Producer, Member of Islamic Conference
45 Turkish Cyprus – Observer at Islamic Conference
46 Turkmenistan – Moderate Oil Producer, Significant Oil Exporter, Member of Islamic
Conference
47 United Arab Emirates – Large Oil Producer, OPEC Member Country, Significant Oil
Exporter, Member State of Arab League, Member of Islamic Conference
48 Uzbekistan – Moderate Oil Producer, Member of Islamic Conference
49 Western Sahara -
50 Yemen – Moderate Oil Producer, Significant Oil Exporter, Member State of Arab League,
Member of Islamic Conference

Chechnya's WWII

1940 written statement addressed by Hassan Israilov to Chechen Communist party authorities (as translated in an article by Jeffrey Burds):

I have decided to become the leader of a war of liberation of my own people. I understand all

too well that not only in Checheno-Ingushetia, but in all nations of the Caucasus it will be difficult to win freedom from the heavy yoke of Red imperialism. But our fervent belief in justice and our faith in the support of the freedom-loving peoples of the Caucasus and of the entire world inspire me toward this deed, in your eyes impertinent and pointless, but in my conviction, the sole correct historical step. The valiant Finns are now proving that the Great Enslaver Empire is powerless against a small but freedom-loving people. In the Caucasus you will find your second Finland, and after us will follow other oppressed peoples.

That chap was evidently a descendent of Muhammad Shamil, the 19th Century nationalist that I've mentioned before. Other WWII Chechen leaders include Maibrek Sheripov, Rasul Sakhabov and Sarali Makhmudov. All came to unpleasant ends, I understand.

The ‘Chechevitsa’ — the plan to deport the entire indigenous native population of the Northern Caucasus to Central Asia — was carried out from mid-February until mid-March 1944. In all, 602,193 persons were deported from the region: 496,460 Chechens and Ingushi, 68,327 Karachaevtsy and 37,406 Balkars.

from the article

It was a forcible deportation and thousands if not tens of thousands died in the process of being deported from mainly Chechnya-Ingushetia to mainly Kazakhstan and Kyrgyzsia. They were replaced by mainly Russians and Georgians.

Benny Morris Chapter on the context of the 1948 War

I've run out of my history but this is an interesting chapter from The War for Palestine.

The chapter discussed the attitude of Ben-Gurion and others to transfer of Arabs from occupied territory in the period 1937 to 1947 and then actual expulsion orders and actions related to Operation Hiram of 28-31 October 1948 in central upper Galilee.

Regarding Ben-Gurion’s views, of particular note are a diary entry of July (?) 1937 and the unexpurgated version of a speech he gave to the 20^th Zionist Congress in Zurich in August 1937. He appears to hold that the Sharon Plain, Jezreel Valley, possibly the Jordan Valley, the Negev and some other places ought to be Israeli. The Jordan Valley is the main part occupied only since 1967.

He envisioned 100,000 Arab families being settled in Iraq after a payment of money to the Iraqi government and other transfers to then-Transjordan.

Compulsion was envisioned as a possible necessity with “ruthless compulsion” but 'voluntary' repatriation to an Arab country on the then recent European model was preferred. The actual so far final refugee exodus amount from what is now Israel is now considered to have been around 700,000 to 800,000. The envisioned area of Israel was then thought to be likely to be 2 and a half million dunams or around 23 million hectares (to be more precise, around 0.9193 X 25 million hectares). The actual area is now about a tenth of that.

A small “friendly” Arab minority (but only a small minority) was then considered feasible and acceptable but Jewish leaders preferred others (such as the British) to propose this publicly rather than themselves. They were apparently keen to be involved in the process of removal, however.

In a complex and indirect sense, Morris argues, the earlier transfer ideas led to the actual expulsions that occurred and perhaps to some intimidatory massacres that occurred especially related to Operation Hiram (the focus of the chapter) under the command of General Moshe Carmel.

The war began with a March massacre and some April 1948 expulsions (that Ben-Gurion gave nods and winks to) and was exacerbated by the 15 May Arab invasion force (following the declaration of Israeli independence from Britain).

Hiram required some expulsions and a 5km exclusion zone for Arabs next to the border with Lebanon to be enforced (including from Iqrit and Bir‘im) and included some massacres.

In total in 1948 Morris suggests that there were around 12 currently established massacres upon which he focuses which tended to follow a pattern of lining up a number of military-aged males against a wall to be shot summarily. Some of the executed men were apparently (conveniently) believed to have been working under the command of the Palestinian and Syrian-Lebanese forces of Fawzi al-Qawuqji or Grand Mufti of Jerusalem, Hajj Amin al-Husayni.

He lists the known massacres as follows:

Date (if known)

Place

# illegally Killed (if known)

March Al-Husayniyya several dozen (per Wikipedia)

May Burayr a large number (per Wikipedia)

13 May Al-Husayniyya (return – per Wikipedia) > 30 women and children

30 October Eilabun (in eastern Galilee) 12

2 November ‘Arab al-Mawasi 14 Bedouin (official)

(Khirbet al-War‘a Al-Sauda – 8 km East of Eilabun)

Majd al-Kurum 12 (per Wikipedia)

Al-Bin‘a (near Majd)

Dayr al-Assad (near Majd)

Nahf

Safsaf 52-70 (per Wikipedia)

Jish 13-24 (per Wikipedia)

Sasa 60 (? per Wikipedia)

Saliha 60-94 (per Wikipedia)

Hula (in Lebanon?) > 50 (per Wikipedia)

Ilabun (Maybe the same as Eilabun

– see above)

Nobody was tried for any of these massacres or the dozen or so others Wikipedia lists (Deir Yassin is perhaps the best known of them – c. 107 killed and an atrocity occurred at Khisas as early as December 1947).