Archive for the ‘International Law’ Category
Hiding behind civilians: The continued use of Palestinian civilians as human shields by the Israeli Occupation Forces
The Al Mezan Center for Human Rights has released an important update to its July 2008 report on the IOF practise of hiding behind Palestinian human shields. The use of civilian human shields is customary Israeli practice in gross violation of international law, in which the practice is a war crime and crime against humanity, as well as a violation of Israel’s own High Court ruling of 2005, which itself came after a three-year legal battle. The pretence extends then to the illusion of israeli rule of its own law.
The Al Mezan report also takes the international community to task for its “continued failure … to fulfill its obligations and its silence on Israeli violations [which] encourages Israel to proceed with its crimes.”
Full_Report (pdf, 19pp)
Introduction
“They handcuffed and blindfolded me. Then, they forced us to move out of the room, pushing me with their hands and guns to move although I was blindfolded and pregnant. I heard them pushing others to hurry up as well. I got exhausted and I fell down many times…I told them that I was four months pregnant and couldn’t continue but a soldier threatened to shoot me…”
Testimony of woman from As-Sreij neighborhood, April 2008 Read the rest of this entry »
Obama reprieve for CIA illegal
U.N. rapporteur on torture is challenging Barack Obama’s decision to grant CIA torturers a reprieve.
VIENNA (Reuters) – President Barack Obama’s decision not to prosecute CIA interrogators who used waterboarding on terrorism suspects amounts to a breach of international law, the U.N. rapporteur on torture said.
“The United States, like all other states that are part of the U.N. convention against torture, is committed to conducting criminal investigations of torture and to bringing all persons against whom there is sound evidence to court,” U.N. special rapporteur Manfred Nowak told the Austrian daily Der Standard.
Nowak did not think Obama would go as far as to seek an amnesty law for affected CIA personnel and therefore U.S. courts could still try torture suspects, he said on Saturday.
Breakfast With War Criminals
Why do Bush and Blair continue to escape indictment for war crimes? Serbs and Sudanese dictators are far more likely to face a political court set up by the West, writes John Pilger.
These are extraordinary times. With the United States and Britain on the verge of bankruptcy and committing to an endless colonial war, pressure is building for their crimes to be prosecuted at a tribunal similar to that which tried the Nazis at Nuremberg.
The Nuremburg tribunal condemned acts of aggression in the strongest terms: “To initiate a war of aggression … is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole”. International law would be mere farce, said the US chief prosecutor at Nuremberg, Robert Jackson, “if, in future, we do not apply its principles to ourselves”.
That is now happening. Read the rest of this entry »
The Bush Six
Philippe Sands ( ILLUSTRATION: Tom Bachtell)
Jane Mayer on the likely prosecution of Bush’s torture team and the role of QC Philippe Sands in making it happen. (Also see this report on the proceedings that have already started in Spain).
About a year ago, a book came out in England that made a fascinating prediction: at some point in the future, the author wrote, six top officials in the Bush Administration would get a tap on the shoulder announcing that they were being arrested on international charges of torture.
If the prediction seemed improbable, the background of the book’s author was even more so. Philippe Sands is neither a journalist nor an American but a law professor and a certified Queen’s Counsel (the kind of barrister who on occasion wears a powdered horsehair wig) who works at the same law practice as Cherie Blair. Sands’s book, “Torture Team,” offers a scathing critique of officials in the Bush Administration, accusing them of complicity in acts of torture. When the book appeared, some scoffed. Douglas Feith, a former Pentagon official, dismissed Sands as “a British lawyer” who “wrote an extremely dishonest book.”
Last week, Sands’s accusations suddenly did not seem so outlandish. A Spanish court took the first steps toward starting a criminal investigation of the same six former Bush Administration officials he had named, weighing charges that they had enabled and abetted torture by justifying the abuse of terrorism suspects. Among those whom the court singled out was Feith, the former Under-Secretary of Defense for Policy, along with former Attorney General Alberto Gonzales; John Yoo, a former Justice Department lawyer; and David Addington, the chief of staff and the principal legal adviser to Vice-President Dick Cheney.
Spain Investigates What America Should
The end of impunity? Marjorie Cohn reports about criminal proceedings initiated by a Spanish court against John Yoo, Jay Bybee, David Addington, Alberto Gonzales, William Haynes and Douglas Feith.
A Spanish court has initiated criminal proceedings against six former officials of the Bush administration. John Yoo, Jay Bybee, David Addington, Alberto Gonzales, William Haynes and Douglas Feith may face charges in Spain for authorizing torture at Guantánamo Bay.
If arrest warrants are issued, Spain and any of the other 24 countries that are parties to European extradition conventions could arrest these six men when they travel abroad.
Read the rest of this entry »
Israel created ‘terror without mercy’ in Gaza
More evidence of Israel’s state terrorism comes to light. Following charges of war crimes by Amnesty International, Human Rights Watch and the Guardian’s own investigative team, a new report commissioned by Physicians for Human Rights-Israel and the Palestinian Medical Relief Society accuses Israel of “creating terror without mercy to anyone” and “terrorising the population.” Here’s a rather bland summary of the report by the Guardian’s Rory McCarthy:
The Israeli military attacked civilians and medics and delayed – sometimes for hours – the evacuation of the injured during the January war in Gaza, according to an independent fact-finding mission commissioned by Israeli and Palestinian medical human rights groups.
Physicians for Human Rights-Israel and the Palestinian Medical Relief Society yesterday said their findings showed Israel’s military committed serious violations of international humanitarian law. In their 92-page report, compiled by five senior health experts from across the world, they documented several specific attacks, with interviews from 44 separate witnesses.
Changing the rules of war
An excellent article by George Bisharat, Professor of Law at Hastings College of the Law in San Francisco, on the possibly disastrous implications of Israel’s latest attack on Gaza for international law. Israel has long sought to frame its actions as falling under the legal doctrines of ‘armed conflict’ instead of ones governed by the laws of occupation – the former permitting far greater uses of force. Bisharat warns that “this shift, if accepted, would encourage occupiers to follow Israel’s lead, externalizing military control while shedding all responsibilities to occupied populations.”
The extent of Israel’s brutality against Palestinian civilians in its 22-day pounding of the Gaza Strip is gradually surfacing. Israeli soldiers are testifying to lax rules of engagement tantamount to a license to kill. One soldier commented: “That’s what is so nice, supposedly, about Gaza: You see a person on a road, walking along a path. He doesn’t have to be with a weapon, you don’t have to identify him with anything and you can just shoot him.”
What is less appreciated is how Israel is also brutalizing international law, in ways that may long outlast the demolition of Gaza.
Fake faith and epic crimes
In his latest column for the New Statesman, John Pilger describes a worldwide movement that is ‘challenging the once-sacrosanct notion that imperial politicians can destroy countless lives and retain an immunity from justice’. In Tony Blair’s case, justice inches closer.
These are extraordinary times. With the United States and Britain on the verge of bankruptcy and committing to an endless colonial war, pressure is building for their crimes to be prosecuted at a tribunal similar to that which tried the Nazis at Nuremberg. This defined rapacious invasion as “the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole”. International law would be mere farce, said the chief US chief prosecutor at Nuremberg, Supreme Court justice Robert Jackson, “if, in future, we do not apply its principles to ourselves”.
Changing the rules of war
George Bisharat, professor of law at Hastings College of the Law, San Francisco, writes, in the San Francisco Chronicle, that “what is less appreciated is how Israel is [...] brutalizing international law, in ways that may long outlast the demolition of Gaza.”
The extent of Israel’s brutality against Palestinian civilians in its 22-day pounding of the Gaza Strip is gradually surfacing. Israeli soldiers are testifying to lax rules of engagement tantamount to a license to kill. One soldier commented: “That’s what is so nice, supposedly, about Gaza: You see a person on a road, walking along a path. He doesn’t have to be with a weapon, you don’t have to identify him with anything and you can just shoot him.”
What is less appreciated is how Israel is also brutalizing international law, in ways that may long outlast the demolition of Gaza.
Divestment campaign gains momentum in Europe
Once again, the Swedes lead the way – the latest news from the BDS front in Europe:
The Swedish national pension fund AP7 is the latest institution to follow the socially responsible investment example of Dutch ASN Bank by excluding the French transportation giant Alstom from its portfolio. Alstom was excluded because of the company’s involvement in Israel’s occupation of Palestinian land.
