Gaza: UN Releases Report on War "No Judgement"

UN Releases Reports on Gaza War: On Wednesday, United Nations Secretary-General Ban Ki-moon released a report reviewing Israeli and Palestinian investigations into alleged war crimes and crimes against humanity during Israel's Operation Cast Lead of 2008/9.

Last November, the UN General Assembly gave Israelis and Palestinians three months to undertake "independent, credible investigations", later extending the deadline by an extra five months. With his report, Ban is sending both investigations to a committee of independent experts established by the UN Human Rights Council in March 2010.

Turkey’s Israel “Problem”: Analysing the Supposed Threat from Washington (Yenidunya)

Israelis criticised the UN's recent report for not including any input from Hamas, while the Palestinian Authority's statement criticized both Hamas and Israel. It said:

The numbers and the facts speak for themselves" and accused Israel of acting with impunity, disregarding international law, and justifying "its indiscriminate, disproportionate and collective punishment measures against the Palestinian people, as if no limitations applied to Israel.

Since Hamas took over Gaza legal institutions are being undermined and this has resulted in a high number of violations of international human rights law, negatively impacting the situation of human rights in Gaza.

Here are Ban's "Observations" in the 247-page UN report:

At the beginning of 2009, I visited both Gaza and southern Israel in order to help end the fighting and to show my respect and my concern at the death and injury of so many people during the conflict in and around Gaza. In March 2010, I again visited Gaza and Israel. I was, and remain, deeply affected by the widespread death, destruction and suffering in the Gaza Strip, as well as moved by the plight of civilians in southern Israel who have been subject to indiscriminate rocket and mortar fire.

I reiterate that international human rights and humanitarian law need to be fully respected in all situations and circumstances. Accordingly, on several occasions, I have called upon all of the parties to carry out credible, independent domestic investigations into the conduct and consequences of the Gaza conflict. I hope that such steps will be taken wherever there are credible allegations of violations of international human rights and humanitarian law.

It is my sincere hope that General Assembly resolution 64/254 has served to encourage investigations by the Government of Israel and the Palestinian side that are independent, credible and in conformity with international standards.

I recall that on 25 March 2010 the Human Rights Council adopted resolution 13/9, in which it decided, in the context of the follow-up to the report of the Independent International Fact-Finding Mission, to establish a committee of independent experts in international humanitarian and human rights laws to monitor and assess any domestic, legal or other proceedings undertaken by both the Government of Israel and the Palestinian side, in the light of General Assembly resolution 64/254, including the independence, effectiveness and genuineness of those investigations and their conformity with international standards. Also, in resolution 13/9, the Human Rights Council requested me to transmit all the information submitted by the Government of Israel and the Palestinian side pursuant to paragraphs 2 and 3 of General Assembly resolution 64/254 to the committee of independent experts. I am accordingly sending today a letter to the High Commissioner for Human Rights requesting her to transmit the documents received from the State of Israel and the Permanent Observer Mission of Palestine to the United Nations to the committee of independent experts.

Human Rights Watch director Iain Levine harshly criticised Ban:

Israeli investigations still fall far short of being thorough and impartial, while Hamas appears to have done nothing at all to investigate alleged violations. We regret that the secretary-general merely passed on the reports he received from Israel and the Palestinian side instead of making the failings of these investigations clear.

Gaza Latest (11 August): Barak v. the PM, Turkey's Response to Netanyahu, Israel's "No" to the UN and More

Barak v. Netanyahu: On Monday, Prime Minister Benjamin Netanyahu met the Turkel Committee, investigating the bloodshed following the incident on 31 May. However, Netanyahu refused to give answers and suggested talking behind closed doors on several occasions. When he was asked who conducted talks with Turkish officials, whether there were alternatives to the military option or the situation could have been resolved with Cairo's assistance, and about the claims that Israel had broken international law, Netanyahu showed the committee the door.

The next day, Defense Minister Ehud Barak appeared in front of the committee. Barak's testimony not only contradicted Netanyahu but said he was taking full responsibility for Israel's deadly raid, pointing out "operational mistakes" if not "failures": "The decision making process at the political level was not the reason for the reality that emerged at the end of the operation."

Barak said that an intelligence assessment and a range of potential outcomes, including the possibility of 'extreme scenarios' were discussed in the inner Cabinet, known as the 'Forum of Seven'. In contrast, Netanyahu had said discussions before the raid focused largely on the likely impact on public relations and the chance of violent confrontation had been mentioned only in passing.

Haaretz reports that Barak --- unlike Netanyahu --- answered all the committee's questions, albeit with some political tactics of his own:

Barak bombarded the panel with names, dates and facts before launching an evasive maneuver in the form of a pompous oration on the dangers of global terror and a nuclear Iran, helpfully informing the committee that Israel was not North America, or indeed Western Europe.

Turkey's Response to Netanyahu: After Netanyahu said Turkey had ignored repeated warnings and appeals "at the highest level" to halt the flotilla, Turkish Foreign Minister Ahmet Davutoglu responded on Tuesday:

No one else can take the blame for killing civilians in international waters. Israel has killed civilians, and should take the responsibility for having done so.Turkey has no responsibility in the attack on the flotilla.

Israel's "No" to the UN: The international probe led by former New Zealand Prime Minister Geoffrey Palmer might have caused a problem for Israel even if this “complementary” commission has no scope beyond "investigating" internal reports on the deadly incident on 31 May.

The problem lies in UN Secretary General Ban Ki-moon's answer when he had agreed to keep Israel's military forces off limits in the inquiry. He said that "there was no such agreement behind the scenes."

In response, Haaretz reports, from a government source, that Israel will not allow the UN to question Israeli soldiers. Though the commission has no right to issue sanctions but just can give suggestions, Israel's position is firm.

One can only speculate that an investigation finding an Israeli soldier's conduct "inaccurate" could lead to further political consequences in the international arena, especially when arrest warrants for former Foreign Minister Tzipi Livni and some senior military officials have been discussed in Europe?

Pressure to Dismantle the UNHRC's Probe?: Since the UN Human Rights Committee started its work on Tuesday, it has been reported that "key international players" are trying to persuade the UN Human Rights Council in Geneva to dismantle the flotilla probe. The justification is simple: If the Council does not stop as another UN-sponsored probe is in progress, it reinforces the HRC's image as one-sided and arbitrary.

Any guess whom these "key international players" might be?

UPDATED Middle East Inside Line: Rockets Hit Eilat, Iran Responds to "US War Plan", US $ for Israel Missile Defence

UPDATE 0655 GMT: Israel Army Radio says between three and five explosions have hit the southern resort city of Eilat in a suspected rocket attack, Israeli army radio reports. There are no reported casualties.

One rocket also hit the nearby Jordanian port of Aqaba, injuring four people.

Israel-Palestine: A Secret Deal to Start Direct Talks?

US-Iran Front: On Sunday, Chairman of the U.S. Joint Chiefs of Staff Adm. Mike Mullen said that the U.S. military has a plan to attack Iran if necessary though he thinks this is a "bad idea".

In response, Iran's envoy to the United Nations, Mohammad Khazai, said: "If the Zionist regime commits the slightest aggression against Iranian soil, we will set the entire war front and Tel Aviv on fire."

US Commitment to Israel's Security: The House of Representatives, the junior chamber of the US Congress, has endorse funding of the Israeli missile defense programs to an unprecedented level, with $422.7 million now slated for 2011.

Israel-Palestine Analysis: What Message Has the Arab League Sent? (And To Whom?)

The package is more than twice as much as last year’s total and brings to nearly $1 billion joint US-Israel missile defense programs in the past four years.

Israel-Hamas Exchange of Fire: Both Israelis and Hamas exchanged fire for the second time in the last 48 hours. First, a rocket was fired from Gaza on Friday. Israel's Air Forces responded quickly and killed a militant/terrorist leader. Then, Hamas sent another Qassam rocket Saturday night. Israeli jets struck two smuggling tunnels in the southern Gaza Strip overnight Saturday.

There were two big developments in Gaza last week. Last Tuesday, the top security official in Hamas-ruled Gaza said that he was considering setting up a bigger military force, first with volunteers and eventually with a mandatory draft. Instead of a paid security force, Hamas can have a broader access to Gazans (about one-third of the labor force in Gaza is unemployed) through large number of potential recruits.

Secondly, following the Arab League's "yellow light" to the trio of Washington, West Jerusalem and Ramallah, Hamas criticized the decision harshly. Ismail Radwan, a senior Hamas leader, said:

We reject any cover for the resumption of the direct talks with the Zionist occupation. This committee is not authorized to make concessions over the rights of our people.

Meanwhile, after Israeli attacks, Islamic Jihad said on Sunday that it has decided to resume suicide attacks against Israel from the West Bank.