U.N. Assembly, in Blow to U.S., Elevates Status of Palestine

More than 130 countries voted on Thursday to upgrade Palestine to a nonmember observer state of the United Nations, a triumph for Palestinian diplomacy and a sharp rebuke to the United States and Israel.

But the vote, at least for now, did little to bring either the Palestinians or the Israelis closer to the goal they claim to seek: two states living side by side, or increased Palestinian unity. Israel and the militant group Hamas both responded critically to the day’s events, though for different reasons.

The new status will give the Palestinians more tools to challenge Israel in international legal forums for its occupation activities in the West Bank, including settlement-building, and it helped bolster the Palestinian Authority, weakened after eight days of battle between its rival Hamas and Israel.

But even as a small but determined crowd of 2,000 celebrated in central Ramallah in the West Bank, waving flags and dancing, there was an underlying sense of concerned resignation.

“I hope this is good,” said Munir Shafie, 36, an electrical engineer who was there. “But how are we going to benefit?”

Still, the General Assembly vote — 138 countries in favor, 9 opposed and 41 abstaining — showed impressive backing for the Palestinians at a difficult time. It was taken on the 65th anniversary of the vote to divide the former British mandate of Palestine into two states, one Jewish and one Arab, a vote Israel considers the international seal of approval for its birth.

The past two years of Arab uprisings have marginalized the Palestinian cause to some extent as nations that focused their political aspirations on the Palestinian struggle have turned inward. The vote on Thursday, coming so soon after the Gaza fighting, put the Palestinians again — if briefly, perhaps — at the center of international discussion.

“The question is, where do we go from here and what does it mean?” Salam Fayyad, the Palestinian prime minister, who was in New York for the vote, said in an interview. “The sooner the tough rhetoric of this can subside and the more this is viewed as a logical consequence of many years of failure to move the process forward, the better.” He said nothing would change without deep American involvement.

President Mahmoud Abbas of the Palestinian Authority, speaking to the assembly’s member nations, said, “The General Assembly is called upon today to issue a birth certificate of the reality of the state of Palestine,” and he condemned what he called Israeli racism and colonialism. His remarks seemed aimed in part at Israel and in part at Hamas. But both quickly attacked him for the parts they found offensive.

“The world watched a defamatory and venomous speech that was full of mendacious propaganda against the Israel Defense Forces and the citizens of Israel,” Prime Minister Benjamin Netanyahu of Israel responded. “Someone who wants peace does not talk in such a manner.”

While Hamas had officially backed the United Nations bid of Mr. Abbas, it quickly criticized his speech because the group does not recognize Israel.

“There are controversial issues in the points that Abbas raised, and Hamas has the right to preserve its position over them,” said Salah al-Bardaweel, a spokesman for Hamas in Gaza, on Thursday.

“We do not recognize Israel, nor the partition of Palestine, and Israel has no right in Palestine,” he added. “Getting our membership in the U.N. bodies is our natural right, but without giving up any inch of Palestine’s soil.”

Israel’s ambassador to the United Nations, Ron Prosor, spoke after Mr. Abbas and said he was concerned that the Palestinian Authority failed to recognize Israel for what it is.

“Three months ago, Israel’s prime minister stood in this very hall and extended his hand in peace to President Abbas,” Mr. Prosor said. “He reiterated that his goal was to create a solution of two states for two peoples, where a demilitarized Palestinian state will recognize Israel as a Jewish state.

“That’s right. Two states for two peoples. In fact, President Abbas, I did not hear you use the phrase ‘two states for two peoples’ this afternoon. In fact, I have never heard you say the phrase ‘two states for two peoples’ because the Palestinian leadership has never recognized that Israel is the nation-state of the Jewish people.”

The Israelis also say that the fact that Mr. Abbas is not welcome in Gaza, the Palestinian coastal enclave run by Hamas, from which he was ejected five years ago, shows that there is no viable Palestinian leadership living up to its obligations now.

As expected, the vote won backing from a number of European countries, and was a rebuff to intense American and Israeli diplomacy. France, Spain, Italy and Switzerland all voted yes. Britain and Germany abstained. Apart from Canada, no major country joined the United States and Israel in voting no. The other opponents included Palau, Panama and Micronesia.

Susan E. Rice, the American ambassador to the United Nations, was dismissive of the entire exercise. “Today’s grand pronouncements will soon fade,” she said. “And the Palestinian people will wake up tomorrow and find that little about their lives has changed, save that the prospects of a durable peace have only receded.”

A major concern for the Americans is that the Palestinians may use their new status to try to join the International Criminal Court. That prospect particularly worries the Israelis, who fear that the Palestinians may press for an investigation of their practices in the occupied territories widely viewed as violations of international law.

Saeb Erekat, the chief Palestinian negotiator, said that after the vote “life will not be the same” because “Palestine will become a country under occupation.”

“The terms of reference for any negotiations become withdrawal,” Mr. Erekat said.

Another worry is that the Palestinians may use the vote to seek membership in specialized agencies of the United Nations, a move that could have consequences for the financing of the international organizations as well as the Palestinian Authority itself. Congress cut off financing to the United Nations Educational, Scientific and Cultural Organization, known as Unesco, in 2011 after it accepted Palestine as a member. The United States is a major contributor to many of these agencies and is active on their governing boards.

In response to the Palestinian bid, a bipartisan group of senators said Thursday that they would introduce legislation that would cut off foreign aid to the authority if it tried to use the International Criminal Court against Israel, and close the Palestine Liberation Organization’s office in Washington if Palestinians refused to negotiate with Israel.

Calling the Palestinian bid “an unhealthy step that could undermine the peace process,” Senator Lindsey Graham, Republican of South Carolina, said that he and the other senators, including Charles E. Schumer, Democrat of New York, would be closely monitoring the situation.

The vote came shortly after an eight-day Israeli military assault on Gaza that Israel described as a response to stepped-up rocket fire into Israel. The operation killed scores of Palestinians and was aimed at reducing the arsenal of Hamas in Gaza, part of the territory that the United Nations resolution expects to make up a future state of Palestine.

The Palestinian Authority, based in Ramallah, was politically weakened by the Gaza fighting, with its rivals in Hamas seen by many Palestinians as more willing to stand up to Israel and fight back. That shift in sentiment is one reason that some Western countries gave for backing the United Nations resolution, to strengthen Mr. Abbas and his more moderate colleagues in their contest with Hamas.

Source: New York Times

Israeli-commander: We rewrote the rules-of-war for Gaza

An Israeli commander admits to war crimes and the deliberate targeting of civilians in the War against Gaza. This reinforces Judge Richard Goldstone’s call for an independent investigation into Israeli war crimes. This story was published in the UK because the Israeli government prevented its publication in Israel. Anything written on Israeli armed forces must be submitted to the military censor. This is reminiscent of our own apartheid state.

The officer, who served as a commander during Operation Cast Lead, made it clear that he did not regard the longstanding principle of military conduct known as “means and intentions” – whereby a targeted suspect must have a weapon and show signs of intending to use it before being fired upon – as being applicable before calling in fire from drones and helicopters in Gaza last winter. A more junior officer who served at a brigade headquarters during the operation described the new policy – devised in part to avoid the heavy military casualties of the 2006 Lebanon war – as one of “literally zero risk to the soldiers”.

The officers’ revelations will pile more pressure on Israeli Prime Minister Benjamin Netanyahu to set up an independent inquiry into the war, as demanded in the UN-commissioned Goldstone Report, which harshly criticised the conduct of both Israel and Hamas. One of Israel’s most prominent human rights lawyers, Michael Sfard, said last night that the senior commander’s acknowledgement – if accurate – was “a smoking gun”

Until now, the testimony has been kept out of the public domain. The senior commander told a journalist compiling a lengthy report for Yedhiot Ahronot, Israel’s biggest daily newspaper, about the rules of engagement in the three-week military offensive in Gaza. But although the article was completed and ready for publication five months ago, it has still not appeared. The senior commander told Yedhiot: “Means and intentions is a definition that suits an arrest operation in the Judaea and Samaria [West Bank] area… We need to be very careful because the IDF [Israel Defence Forces] was already burnt in the second Lebanon war from the wrong terminology. The concept of means and intentions is taken from different circumstances. Here [in Cast Lead] we were not talking about another regular counter-terrorist operation. There is a clear difference.”

His remarks reinforce testimonies from soldiers who served in the Gaza operation, made to the veterans’ group Breaking the Silence and reported exclusively by this newspaper last July. They also appear to cut across the military doctrine – enunciated most recently in public by one of the authors of the IDF’s own code of ethics – that it is the duty of soldiers to run risks to themselves in order to preserve civilian lives.

Explaining what he saw as the dilemma for forces operating in areas that were supposedly cleared of civilians, the senior commander said: “Whoever is left in the neighbourhood and wants to action an IED [improvised explosive device] against the soldiers doesn’t have to walk with a Kalashnikov or a weapon. A person like that can walk around like any other civilian; he sees the IDF forces, calls someone who would operate the terrible death explosive and five of our soldiers explode in the air. We could not wait until this IED is activated against us.”

Another soldier who worked in one of the brigade’s war-room headquarters told The Independent that conduct in Gaza – particularly by aerial forces and in areas where civilians had been urged to leave by leaflets – had “taken the targeted killing idea and turned it on its head”. Instead of using intelligence to identify a terrorist, he said, “here you do the opposite: first you take him down, then you look into it.”

The Yedhiot newspaper also spoke to a series of soldiers who had served in Operation Cast Lead in sensitive positions. While the soldiers rejected the main finding of the Goldstone Report – that the Israeli military had deliberately “targeted” the civilian population – most asserted that the rules were flexible enough to allow a policy under which, in the words of one soldier “any movement must entail gunfire. No one’s supposed to be there.” He added that at a meeting with his brigade commander and others it was made clear that “if you see any signs of movement at all you shoot. This is essentially the rules of engagement.”

The other soldier in the war-room explained: “This doesn’t mean that you need to disrespect the lives of Palestinians but our first priority is the lives of our soldiers. That’s not something you’re going to compromise on. In all my years in the military, I never heard that.”

He added that the majority of casualties were caused in his brigade area by aerial firing, including from unmanned drones. “Most of the guys taken down were taken down by order of headquarters. The number of enemy killed by HQ-operated remote … compared to enemy killed by soldiers on the ground had absolutely inverted,” he said.

Rules of engagement issued to soldiers serving in the West Bank as recently as July 2006 make it clear that shooting towards even an armed person will take place only if there is intelligence that he intends to act against Israeli forces or if he poses an immediate threat to soldiers or others.

Source: Writing Right: Centre for Law and Social Justice

Israel kills six Palestinians in West Bank, Gaza

Israeli soldiers shot and killed six Palestinians in two separate incidents on Saturday in the occupied West Bank and the Gaza Strip, in one of the deadliest outbreaks of violence in months. Three of those who were killed belonged to Palestinian President Mahmoud Abbas's Fatah movement, and his top aide accused Israel of inflaming tensions and seeking to torpedo US-backed efforts to renew stalled peace talks.

The violence came a day before the anniversary of a three-week Gaza war that killed about 1 400 Palestinians and 13 Israelis. Peace talks have been frozen since. An Israeli military spokesperson said soldiers shot and killed three Palestinians suspected of trying to infiltrate from Hamas-ruled coastal Gaza, and three West Bank militants accused of killing a Jewish settler in a roadside shooting on Thursday. A Hamas security source said the three shot in Gaza at daybreak were apparently civilians collecting scrap metal in an industrial zone near the Israeli border.

In the West Bank, Palestinian medics and witnesses said soldiers surrounded the homes of three members of the al-Aqsa Martyrs Brigades, a militant group of Abbas's Fatah group, and then killed all three. The shootings infuriated Palestinian leaders
"This grave Israeli escalation shows Israel is not interested in peace and is trying to explode the situation," Nabil Abu Rdainah, a top aide to Abbas, told Reuters. "Israel is torpedoing international and American efforts to restart peace talks," Rdainah said. An Israeli military spokesperson said troops had launched a "pinpointed raid to capture the perpetrators of the shooting attack and during the operation three who were involved in carrying out that attack were killed".

At least one of the militants was armed during the raid and four rifles and ammunition were found at the scene, the spokesperson said. The settler had been the first Israeli killed in a Palestinian attack in about eight months in the West Bank, territory Israel captured in a 1967 war and which Palestinians seek for a state. Sources in Fatah said those who were killed in the West Bank raid belonged to their group. At least one had been on an Israeli wanted list, the sources said.

Abbas has demanded a halt to Jewish settlement building before peace talks delayed since a Gaza war in January may resume, and has rejected a temporary building freeze announced last month by Israeli Prime Minister Benjamin Netanyahu as insufficient.

Source: Mail & Guardian